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09-19-12 CC Agenda Packet (entire) AGENDA Regular Meeting of the City Council Golden Valley City Hall 7800 Golden Valley Road Council Chamber Wednesday, September 19, 2012 6:30 pm The Council may consider item numbers 1, 2, 3, 5 and 6 prior to the public hearings scheduled at 7 pm 1. CALL TO ORDER PAGES A. Roll Call B. Pledge of Allegiance C. Presentation of Certificate of Recognition to Damon Struyk 3 D. Presentation of American Public Works Association Exceptional Performance Award 4-14 for Jaurnalism - Inflow and Infiltration Communications Plan 2. ADDITIONS AND CORRECTIONS TO AGENDA 3. CONSENT AGENDA Approval of Consent Agenda - All items listed under this heading are considered to be routine by the City Council and will be enacted by one motion. There will be no discussion of these items unless a Cauncil 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 -August 21, 2012 15-18 B. Approval of Check Register 19 C. Licenses: 1. Therapeutic Massage Facility License - MST 3 Inc. d/b/a The Beauty Lab 20 D. Minutes of Boards and Commissions: 1. Planning Commission - August 27, 2012 21-34 2. Human Services Fund - July 9, 2012 35-36 3. Bassett Creek Watershed Management Commission - July 19, 2012 37-43 E. Bids and Quotes: 1. Sweeney and Wirth Lake Outlet Structure Improvements - Bids 44-45 F. Letters and/or Petitions: 1. Letter from Christopher Gise Regarding Golden View Addition 46-47 G. Proclamation for Woman of Today Week 48 H. Appointment of Absentee Ballot Board Election Judges for General Election 12-66 49-51 I. Authorization to Sign School Resource Officer Service Agreement with Intermediate 52-55 School District 281 J. Receipt of August 2012 Financial Reports 56-63 K. Authorization to Sign Agreement with SEH, Inc. for Survey, Design and Plan 64-72 Preparation for Sidewalk and Trail System Upgrades 4. PUBLIC HEARINGS 7 PM A. Public Hearing - Ordinance #488 - Final Design Plan Approval - PUD #109 - Eldridge 73-115 3rd Addition - 4900 Triton Drive - A.K.A.R.E. Companies LLC, Applicants B. Public Hearing - Existing Platted Easement Vacations - 4900 Triton Drive - Eldridge 116-119 3rd Addition, PUD #109 12-67 C. Public Hearing - Preliminary Plat Approval - Golden View - 1540 and 1550 St. Croix 120-139 Circle D. Public Hearing - Preliminary Design Plan Approval - PUD #110 - Boone Avenue 140-172 Convenience Center - Linn Investment Properties, Applicants 5. OLD BUSINESS 6. NEW BUSINESS A. Announcements of Meetings B. Mayor and Council Communications 7. ADJOURNMENT Cl�� t3� r,., City Administration/Cauncil 763-593-3991 /763-593-8109(fax) �:... �� ���, � Executive Summary For Action Golden Valley City Council Meeting September 19, 2012 Agenda Item 1. C. Presentation of Certificate of Recognition to Damon Struyk Prepared 8y Thomas D. Burt, City Manager Summary As part of the Minneapolis Park and Recreation Board's capital improvement program, a Citizen Advisory Committee (CAC) was formed to make recommendations for changes to Theodore Wirth Park. The CAC's role and responsibilities were: provide input on the park design, provide two-way communication between the project team and the community, provide guidance to the Minneapolis Park and Recreation board on the final design recommendations, and ensure that the full range of local issues were addressed. Damon Struyk served as Golden Valley's representative to the CAC with enthusiasm and a sincere awareness of his responsibilities to the public trust. He sought input from community members and followed up with regular reports of the CAC's activities and decisions. His advocacy for Golden Valley was instrumental in achieving results that will long serve local residents in a regional park. The City thanks him for his service. �2��1 �� Public Works 1?epartment 763-593-8030/763-593-3988(fax) rv � . . � ..: a.;�.o .. r �.. . '�� r�_ �°. � .� ,. Executive Summary For Actian Golden Valley Ci#y Council Meeting September 19, 2012 Agenda item 1. D. American Public Works Association Exceptional Performance Award -Journalism for the City of Golden Valley's Inflow and Infiltration Communications Plan Prepared By Jeannine Clancy, Director of Public Works Jeff Oliver, PE, City Engineer Summary Each year, the American Public Works Association (APWA) awards outstanding performances by its members at the National Congress and Expo. The APWA Public Works Congress and Expo was held on August 26-29, 2012 in Anaheim, California. At the August 27, 2012 Awards and Recognition Ceremony and Reception, the Exceptional Performance Award for Journalism was presented to the City of Golden Valley for its Inflow and lnfiltration (I/I) Communications Plan. Golden Valley was nominated for this award by the APWA Minnesota Chapter in February. A copy of the nomination submittal is attached to this summary for reference. The nomination cited the City's effective communications plan to educate the public, the real estate community and contractors about the environmental problems associated with I/I. In addition, the nomination focused on the multi-media approach to communicate with stakeholders in developing consent amang stakeholders and community leaders. Attachments • Transmittal to the American Public Works Association, 2012 Awards Program, dated February 27, 2012 (10 pages) Recommended Action Recognize the Communications Department and the Public Works Department for receipt of the American Public Works Association Exceptional Performance Award in Journalism for the City of Golden Valley's Inflow and Infiltration Communications Plan. e"t�M/Yql[�01fS�pDCilliOY American Public Works Association s_ � _ Minnesota Chapter Minnesata Chapter 2012 EXECUTIVE COMMITTEE JEANNINE CLANCY Februa 27 2��2 President ry + City of Golden Valley (763)593-8035 jclancy�goldenvalleymn.gov 2012 Awards Program LEE GUSTAFSON American Public Works Association Vice President 2345 Grand Boulevard, Suite 700 City of Minnetonka Kallsas Cit MO 64108-2625 (952)939-8239 y� Igustafson@eminnetonka.com JOHN RODEBERG SUBJECT: Exceptional Performance Award —Journalism Secretary/Treasurer City of Golden Valley, Minnesota Inflow and SEHInc. (657)470.2448 Infiltration (I/I) Communications Plan jrodeberg(G3sehinc.com nnAR►c Ma�oNeY Dear APWA Awards Committee: Past President City of Shoreview �ss,�asa4ss, On behalf of the Minnesota Chapter of the American Public mmaloney@shoreviewmn.gov Works Association, I am honored to nominate the City of Golden ANGELA POPENHAGEN Valley, Minnesota for APWA's Exceptional Performance Award Delegate for Journalism for their Inflow and Infiltration (1/I) Communications Stevens Engineers Inc. (651)436-2075 Plan. a pope n hagen�stevenseng ineers.com KRISTIN ASHER The attached submittal illustrates how the City of Golden Valley Director—Engineer/Manager City of Richfield worked to develop and implement an effective communications kasher@cityofrichfield.org plan to educate property owners, real estate professionals and BRYAN BJORGAARD contractors about the environmental problems associated with Director—OutState reducing the amount of clear water entering the city's sanitary City of Alexa�dria bryanb@rea-alp.com sewer system. The plan also supported the city's strategic three APRIL CROCKEIT pronged approach to I/I reduction. Director—State/County Agency Minnesota DOT April.crockett@state.mn.us The City used multiple media sources including City newsletters, JUDD GENEREAUX educational videos, flyers, community meetings, press releases, Director—Vendor/COntractor and its website to effectively communicate with stakeholders. MacQueen Equipment,���. Golden Valley's communications plan also aided in developing judd@macqueeneq.com consent among stakeholders and support from community MARK HANSEN leaders. Director—Consultant SRF Consulting Group,Inc. mchansen@srfconsulting.com The Minnesota Chapter of APWA is proud to offer the City of WAYNE HOULE Golden Valley, Minnesota I/I Communications Plan as a Director—DPWlCity Engineer City of Edina candidate for Exceptional Performance Award —Journalism. whoule@ci.edina.mn.us ., CHRIS PETREE Sincerel Director-Superintendent City of Lakeville cpetree@lakevillemn.gov '�' �'� � ' KATHY WARREN ChapterAssistant Mark Maloney 828 Greeley Street South Past President Minnesota Chapter Stillwater,MN 55082 � (651)351-7432 kwa rten @ usi nte rn et.c o m Enclosure APWA Nomination Exceptional Performance Award Jou�nalism Inflow and Infiltration (I/I) Comprehensive Communications Plan City of Golden Valley Golden Valley, MN I/I Comprehensive Communications Plan Table of Contents Introduction................................................................................................................................................................. 1 Background................................................................................................................................................................. 2 CitySewer Systein.................................................................................................................................................... 2 PrivateSources of I/I.................................................................................................................................................2 PolicyChanges.......................................................................................................................................................... 3 Development Of A Comprehensive Communications Plan...................................................................................... 3 Goalsand Objectives..................................................................................................................................................4 PublicUnderstanding................................................................................................................................................4 BuildSupport............................................................................................................................................................4 EncourageParticipation............................................................................................................................................4 ReduceInflow And Infiltration................................................................................................................................. 5 CommunicationStrategies.........................................................................................................................................5 DigitalMedia............................................................................................................................................................ 5 InfonnationalVideo.................................................................................................................................................. 5 PrintedMaterial......................................................................................................................................................... 6 InformationalMeetings............................................................................................................................................. 6 GoldenValley CityNews.......................................................................................................................................... 6 LocalNews Outlets................................................................................................................................................... 7 MeetingsWith Realtors ............................................................................................................................................ 7 Results& Conclusions................................................................................................................................................ 7 Introduction The Metropolitan Council Environmental Services (MCES) collects wastewater from 106 communities in the Minneapolis and St. Paul metropolitan region in Minnesota. The wastewater is treated at one of the eight regional wastewater treatment plants (WWTP). Within the past decade, MCES has begun addressing the issue of excess clear water within its collection and treatment system. This excess clear water is a result of inflow and infiltration (UI) of groundwater and surface water from communities served. During a heavy rainstorm in the Twin Cities, the peak hour flow rate that MCES must collect and treat can triple. This added flow can exceed the capacity of the MCES systems and lead to environmental concerns such as sewer backups. Expanding and resizing the existing sewer system is a possible solution to the problem of sanitary sewer mains operating above capacity. However, MCES estimated the cost of this option to be $900 million and, therefore, economically unfeasible. The same study estimated the cost to solve the problem at the local level to be $150 million. To avoid the high cost of "building out of the problem," MCES implemented a surcharge fee approach aimed at communities with excess peak flows. This surcharge fee was not intended to be a long-range solution, but rather a reason for cities to address I/I internally. During an October 2005 rainstorm, wastewater flows from Golden Valley reached a peak hour rate of 13.8 million gallons per day (MGD), far exceeding the allowable peak hour rate of 8.4 MGD established by the MCES. Having previously been placed on the MCES's list of communities having excessive peak flow rates, this 13.8 MGD peak flow rate induced a large, long-term financial penalty from MCES (approximately $380,000 per year in addition to wastewater treatment fees). The City performed a study to determine the extent of its UI problem and determined that it was a city-wide issue. UI was being generated from not only the public system, but from the portion of the system owned by every member of the community. In late 2006, the City Council amended the current utility codes in favor of reducing I/I. Due to the extent of the problem, it was extremely important that the city gain support from residents and business-owners to contribute to long-term I/I reduction. As with most underground utility issues, if people can't see the problem or aren't directly affected by the problem, it must not exist. The City's goal was to not only bring awareness to the public, but to instill a sense of duty. Since 2006, the City has felt that the best way to accomplish this is through an ongoing UI Comprehensive Communications Plan. � 1 � Background City Se�wer System Managing a sanitary sewer system is a critical responsibility for local government in an urban environment. The sewer system's main function is the collection and transportation of the city's wastewater so it can be treated. In the 1950s, the City of Golden Valley started installing its first public use sanitary sewer mains. These early mains were constructed primarily out of Reinforced Concrete Pipe (RCP) and Vitrified Clay Pipe (VCP). As the population and demand for wastewater treatment grew, the City had to expand its system. The system has grown to include approximately 113 miles of City sanitary sewer mains and three City operated lift stations. Although the installation of newer sanitary sewer mains incorporates more modern materials such as Ductile Iron Pipe and PVC, the City still has an extensive amount of aging sanitary sewer infrastructure that is susceptible to UL In order to achieve UI reduction goals, city mains and MCES interceptors are being repaired or replaced as required. Private Sou rces Of UI The private sanitary sewer system includes � individual sanitary sewer services that extend � from the City main to homes and businesses and � can include collection systems owned by � �"�' businesses or common associations. This private �_ network is approximately 147 miles long, and � creates the significant part of the City's sanitary sewer system. Within this private network, there are numerous ways that home and business owners contribute to the I/I problem. Some of these sources of UI are apparent and easy to identify, while others are not as visual and, therefore, hard to locate. Though it is now illegal, � many homeowners still have their roof drains, �l foundation drains, or sump pumps connected to � their sanitary service lateral (inflow), sending � clear water to the sanitary main and inevitably to the WWTP to be treated. The correct approach to keeping a foundation dry is to use the sump pump to send water outside and away from the house. Groundwater can also enter into the private service lateral and into the main (infiltration). Uncapped cleanouts, cracked pipes, faulty connections, and root intrusions are a few of the ways this type of UI can occur. t 2 � 1'olic�� Changes Since the private sanitary sewer laterals make up almost 60 percent of the entire wastewater system, an emphasis needed to be placed on identifying and fixing possible sources of UI here. However, experience has shown the City that it is difficult to gain public participation on a voluntary basis. The City believed the best way to get community involvement was to require it, via a Point of Sale ordinance (PoS). This ordinance required home and business owners to obtain an UI Certificate of Compliance before they could sell their home. The PoS program was chosen because it provided a control point where the City could require compliance. As a rationale, people selling their property typically have the equity on hand to perform any necessary repairs. The PoS program was inevitably the driving force behind the need for an UI Comprehensive Communications Plan. When the public's personal dollars are directly at stake, there can be no shortage of communication, information, and explanation. In addition to Point of Sale, the City integrated the inflow and infiltration reduction program with the City's Pavement Management Program. By doing this, the City was able to use a time in people's lives when infrastructure improvement was being actively discussed. During pavement management meetings, residents are urged to have their properties undergo the UI inspection and become compliant within the duration of the street reconstruction. As an incentive, these residents have been given the opportunity to have associated fees assessed to their properties for payment over several years, thus reducing their initial out-of-pocket expenses. By having residents and business owners take a look at their UI compliance during their street reconstruction, the City has been able to encourage many more property owners to address I/I and become compliant. Development Of A Comprehei�sive Communications Plan The City understood it needed to reduce its city-wide peak flow rates or increase utility rates to address its UI issue. Conveying this message to the public was identified as one of the main challenges from the get-go. Another significant challenge was addressing the multiple sources people use to get their vital information. Some people use the computer, others television, while there are even those who still read the newspaper. For the I/I problem to change, the City needed everyone's help, and that meant communicating the information across a variety of platforms. Until an idea is given structure on paper, it is far less likely to succeed. Therefore, City staff decided to sit down and create a structured, formal program that could serve as the City's basis of information to the public regarding all issues UI related. ( 3 � Goals and Obj ectives Public Understanding By no means is everyone an expert on wastewater collection and treatment. In fact, many people don't know where the wastewater goes once the toilet is flushed or when the drain plug is pulled after washing dishes. Therefore, the City had to include an informational aspect to its message so the public could gain a broader understanding of wastewater collection and treatment. Once the public understood how the system worked, they could respond better to the "hot spots" being addressed in the City's new ordinance. Build Support Inflow and infiltration is a big issue, with many, many people involved. The City made sure it knew exactly who it wanted to target with its communications plan and have specific methods to reach these audiences. The target audiences listed below represent the parties the City felt needed to receive I/I information and how the information would be conveyed. Press Releases via Flyers, Sunpost& City Informational Handouts& Educafional P�1P CityNews N'ebsite Cable 12 Survep Meetings Brochures Video Meetings Sewerfest Golden Valle��Residents X X X X X X X X X Businesses X X X X X a X X Apartment Owners X X X X X X X X i City Staff X ; X X Council& X X � � X X � � � Commissioners . � School-Aged Kids X X X X X Real Estate X X X X Professionals —_. ., . Inspectors � X X _.. _. _______..z _r.. Encourage Participation There are many ways I/I can affect people living in or operating businesses in Golden Valley. The goal was not just to tell people they needed to be compliant. Instead, the City wanted to inform them about the implications of not taking action and how that would affect everyone if the City didn't become compliant. These implications include: • the potential for large, damaging sewer backups • an increase in City utility fees to have additional clear water treated at the WWTP • construction delays when the existing main, trunk, and interceptor lines need to be replaced to provide the capacity to handle the increased flows • inefficient use of taxpayer dollars to unnecessarily treat clear water � 4 � Reduce l�iflo��� And Infiltratior� To determine the effectiveness of the Comprehensive Communications Plan, the City set up key evaluation techniques. The City would continue to monitor peak flow rates during heavy rainstorms and compare them to historic events. Also, City staff tracked the number of unsuitable sump pump connections found as a result of the inspections program. Inevitably, the goal was to eliminate the City's need to pay Met Council's surcharge fees by 2011. COri1ri1Uri1C1tlOri StrltegleS Digital Media One of the best sources of information regarding I/I procedures is the City of Golden Valley website. The "Inflow and Infiltration" page is one click away from the homepage, and it offers a vast array of informational tools. Included within this page is a question and answer segment, a video tutorial, definitions of UI hotspots, and an explanation of the inspection process (who needs one and how to go about scheduling one). In fact, a resident or business owner can apply for an inspection permit online via a provided link. Helping the people of Golden Valley understand the problem and become compliant has been made easier through the use of the City website. Informational ��ideo If you want to learn about the importance of I/I in a fun and relaxed way, the City has just the guy TM"�°'�'n M itlagal sunp for you! Leak Ericson is Golden Valley's I/I � ��^��, expert extraordinaire, and he loves nothing more / �t�� than to explain the importance of managing your Q� clear water. This fun and informational animation is also provided on the City website. Leak � highlights a few of the I/I "hotspots�' and how to fix them, but more importantly, he discusses the .:' � responsibility a homeowner has to his or her• conlmunity to do the right thing. ..__�;�� ����---��--����. If ypu were ihe vnly qne with an But ff you do i�why would you thi�c Ihe illsgsl opnnsCtion b�s ssw6r, Somws doum th�strwl,or ttw Wnd9lrorre � maybe M wouldnY hurt...mayhs, up the block,aren't dolnp the aame thln87 � 5 � 1'rinied 1�i�itcrial ___ , Printed material is the a e-old o-to for communicatin ; P°;"`°""'"s`""'`�"�`nR`s`�e°":'" g g g � Steps To I/I Compliance important information. Yes, the Internet is a powerful � o �P�,,Fo ��_��w���������� tool, but one can't be certain every member of the target `'""'" �"°�`�'"`���»����"����"'�' audience will be visiting Golden Valley's website to learn i ° �s��w'� �"':���;�"�.���.`"��"""`°"�""" more about UI. By mailing out informational brochures, � ° �a�`�=�r:� ,���°°�^°°����°•�°^r° P .+w«�,.w....we..�+r.+m.�m.wo.� a�n�.v.�.n�..��i.nw�wa..wi.a.,n.on..�.w�,m�ew..cw�o flyers, and handouts, the City took a direct approach at � o �,,, ,,,�,�,,,,,�,„„�,,,,,„„„„,,,,M„�,�„�,�,,,,,,,�,,,� Re.�ie..�ed P1OO.��rx.�a..>�«emqw.. informing the masses. In addition, the City made this ; rinted material available at Cit Hall durin " e"`""``'`°°'r"'°` °H�'��'N..°.`°'°��`'°' <. P Y g � ��.�.a� ��m��°�`��� 1 ` a �.�.��,. informational meetings. \ �«���� 0-4pF��`k)'ForPrnn�tsForCorrcacionN'urk � an��wcmxw o,,,k,:`m.nn,�oro.m.mrw� i �a�n.��..+rvo«.nu<�.u»a�. � eC'or�re.�iun{Yor4Rr i ! mc�r:..�w�o.�w�+���ew�r�•••r�.w.e. i mum.u.cw�. �. bw.e�,�rowa.M�w.���n�p..r �., � Q ReiusF�v�G��By Publl.\5'or1.s �' liiformaYional Meetings � °°°-°���°��•°�°��� ; o�urymm.�<anroi.nNnmpcemq�wk , reima���µMf wMintBOW�afNwianmwn �i. wm�m Though they can be difficult at times, informational � ,,.,,,,�,a„n„„, ,��a.,�,�,�.,�,,,,.��.,,,, m N�,�x.„u;�� '�, cw.�v+nro,� w�.«e�wew. n�.�.i�„�y,i��� . meetings geared towards the public are a �reat way to get `""'� """�'� m�°"""""'�° , �i �,��.,.��.,. �t�� „_ � ,����c��, a message across. Public meetings were held to bring � T���be "� � _�„ , ..,.,.�...,��. awareness to the new ordinance, educate the public on UI �— i reduction, and receive important feedback. ln August 2007, the city hosted the SewerFest I/1 Fair, a chance for the public to come in to City Hall and see exhibits, d����� - , � � �p .., �r-.,� presentations, and enjoy - • refreshments over the topic of UI. .�N One of the exhibits included a - � ` __ ' n � ,. . ;, replica of a sewer system � '� --�� `�� � � ���`' commonly seen in one of Golden , , Valley's homes. This exhibit was � -"�' � ��'� � used to show property owners the " `�-` process of inspecting a sanitary �"�" �,,�`- � ' �:� �� sewer service for UI compliance. "" -- i; • o en a ey Golden Valley CityNews C�1yNEw5 Golden Valley CiryNews is a 16-page, bi-monthly newsletter �� ""' � , ��� �,�..�i�i�E. , �....a�....��,�,a�.'W.a v.. � ,�,b,.wc.,,�: designed to address Golden Valley s general population, an �.� � � , �^::, .;���� ��° ��:.�,��:..�.. �.�0.M.sw ..N�we�eN..e��4d.� , audience that varies widely by age, occupation, education, and '�-�,;�;�,������=�^-•�, a�.�,�..�--�;k�,�:..°;�w,., . .�.�...a.�,�.,�.���,.�.�,�.._�A�.., level of interest in City government. However CityNews readers �.�`°–'�°�:wb-'���° I � :�.��;�.���.;,�.,_.�d �<�W.:,�.a:..`�.::�:�:��� have several thin s in common –the live or have businesses in ��d���-•�-�•�;,,;-�dd �,�r,;"., g Y _,�_.� .�. Golden Valley, they pay taxes, and they use government �`�`�"�'W�`��`���""��'�� � � w,.,��.:��.<.�.,,,<.b..�...a.,. �.,,� ��,:o.,aw:_s�.',��:d1°��_ `r Z'j ..a...�,..�....P..,a.A.,.a..o.,.,_sn ..,,� services. CityNews is mailed to roughly 12,500 homes and ��`��,-=�'°"""",�;,;;s'°;���E � Va4we A Nwbu t businesses, with a 95 percent readership rate. Since 2001, ; �;,�°,_,.w o°,��`�;�;:� ,,,�,-' approximately 20 UI related articles have been included in �, , . -°.;,�,,;',°•:�a,,..,.,,,,,,. � 6 , CityNews as another means of educating the public. The articles are simple to read, to the point, have excellent illustrations, and offer great tips for managing UI. It was here that the term sex�croscopy was coined. It refers to the televised inspections that are done on sanitary sewers throughout the city, both publicly and privately. Local NeN�s Outlets The northwest portion of the Twin Cities is fortunate to have Northwest Community TV and Cable 12 News, a cable station devoted almost entirely to its member communities. This cable network broadcasts on anything from new city ordinances to local athletics. Short public service announcements (PSAs) and entire news segments through this network have helped the City reach an even larger audience. The New Hope/Golden valley SunPost is the local newspaper outlet that services Golden Valley. This organization has provided City staff with another means to deliver information regarding I/I. The City has been able to get press releases and other information to the public via this newspaper. Meetings ��1'ith Realtors Golden Valley staff held meetings with local realtors to inform them of the UI issue, the PoS ordinance, and to help them understand their part in solving the problem. By being up-front and transparent, the City made it clear to the realtors the need for sewer inspections and improvements to get the property to compliance. Results & Conclus�ons Since the UI policies went into place in late 2006, the City has performed more than 2,700 residential and commercial property inspections, or approximately 35 percent of the 8,000 properties citywide. Seventy-six percent of the inspected properties have received compliance certificates, raising the overall compliance of Golden Valley properties to 26 percent. Ongoing flow data from the MCES and the City indicate that peak and average wastewater flows from Golden Valley are being reduced. City staff believes the Comprehensive Communications Plan has been instrumental in the acceptance of the PoS ordinance and the decrease of City-wide inflow and infiltration. Residents and business owners know what the problem is, the financial and environmental implication of doing nothing, and the steps they need to take towards their own I/I compliance. t � � Regular Meeting of the City Council August 21, 2012 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City af Golden Valley, Hennepin County, Minnesota was held at 7800 Golden Valley Road in said City on August 21, 2012 at 6:30 pm. The following members were present: Clausen, Freiberg, Harris and Pentel; and the following was absent: Scanlon. Also present were: Thomas Burt, City Manager; Jeannine Clancy, Director of Public Works; Allen Barnard, City Attorney; and Judy Nally, Administrative Assistant. Pledqe of Allepiance The Pledge of Allegiance was recited. Presentation of Awards - 2012 Photo Contest Cheryl Weiler, Communications Coordinator, thanked the judges who were Jeff Dehler, of Jeff Dehler Public Relations; Pat Brink, of Brink Public Relations; Mary Tan, communicatians coordinator for the City of Brooklyn Park; and Karyl Rice, assistant communications director for Breck School. Winners in attendance were presented with a Certificate of Appreciation and cash award. The winners are:Enhanced Golden Valley: Honorable Mention, McKenna Karpan and First Place Amy Sands; Golden Valley Lifestyle: Honorable Mention, Amy Sands and Stan Waldhauser and First Place, Jason Boudreau-Landis and Naturat Golden Valley: Honorable Mention, MaryLou Adams and Audrey Grinolds and First Place Amy Sands. The Council congratulated the winners and thanked the photographers who participated. Approval of Aqenda MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve the agenda of August 21, 2012 as submitted. Approval of Consent Aqenda MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve the agenda of August 21, 2012 as amended: removal of Approval of Minutes - Council/Manager Meeting - June12 and July 10, 2012; City Council Meeting - July 3 and 17, 2012; Authorization to Sign Amended Agreement with Breck School for Community Service Officer and Board/Commission Appointments. Regular Meeting of the City Council August 21, 2012 Page 2 Approval of Minutes - Council/Manaqer Meetinq - June12 and Julv 10, 2012 and Citv Council Meetina - Julv 3 and 17, 2012 Council Member Pentel discussed the request for funding for improvements to Highway 55 and Winnetka Avenue and ramifications from Hennepin County for Council action taken on the Bottineau Transitway Locally Preferred Alternative. Jeannine Clancy answered questions from the Council. MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve the Council/Manager Meeting minutes of June12 and July 10, 2012 and the City Council Meeting of July 3 and 17, 2012 as submitted. *Approval of Check Reqister MOVED by Pentel, seconded by Freiberg and motion carried unanimously to authorize the payment of the City bills as submitted. *General Business Licenses MOVED by Pentel, seconded by Freiberg and motion carried unanimously to authorize the issuance of license as recommended by staff. *Minutes of Boards and Commissions MOVED by Pentel, seconded by Freiberg and motion carried unanimously to receive and file the minutes as follows: Planning Commission - July 9, 2012 Joint Water Commission - June 6, 2012 Open Space and Recreation Commission - June 25, 2012 Bassett Creek Watershed Management Commission - May 17, 2012 *Batterv Power for Outdoor Warninq Sirens - Quote MOVED by Pentel, seconded by Freiberg and motion carried unanimously to authorize converting the seven sirens to battery power from the lowest responsible bidder Ready Watt Electric for $42,618. The quotes were as follows: Ready Watt Electric $42,618 Killmer Electric $50,559 Regular Meeting ofi the City Council August 21, 2012 Page 3 *Receipt of July 2012 General Fund Budqet Reports MOVED by Pentel, seconded by Freiberg and motion carried unanimously to receive and file the July 2012 Financial Reports. Authorization to Siqn Amended Aqreement with Breck School for Community Service Officer Council Member Pentel had questions about the costs and staffing outlined in the agreement. Thomas Burt answered questions from the Council. MOVED by Pentel, seconded by Freiberg and motion carried unanimously to the Mayor, City Manager_and Police Chief to sign the amended Community Service Officer Agreement with Breck School for 2012-2013. Board/Commission Appointments Council Member Clausen thanked the applicants for participating in the selection process and congratulated the new Board/Commission members. MOVED by Clausen, seconded by Freiberg and motion carried unanimously to make the following appointments: Board of Zoning Appea/s Andrew Johnson 1 year term term expires - May 1, 2013 Human Services Fund Kathryn Frommer 3 year term term expires - May 1, 2015 Alan Ingber 3 year term term expires - May 1, 2015 Peggy Watson 3 year term term expires - May 1, 2015 Announcements of Meetinqs The next Human Rights Commission Task Force meeting will be held on August 29, 2012 at 6 pm. Some Council Members may attend the Meadowbrook Elementary School Open House on August 30, 2012 from 5 - 7 pm. The City Offices are closed on Monday, September 3, 2012 in observance of Labor Day. The next City Council meeting will be held on September 4, 2012 at 6:30 pm. Some Council Members may attend the Metro Cities Forum on September 6, 2012 at 6:30 pm at the League of Minnesota Cities offices. The next Council/Manager meeting will be held on September 11, 2012 at 6:30 pm. Regular Meeting of the City Council August 21, 2012 Page 4 Mavor and Council Communications Council Member Clausen stated the attended the Breck Neighborhood Construction Meeting and she would like to discuss the Breck School Traffic Study at the September Council/Manager meeting. Mayor Harris stated he had received comments from residents who were confused about the letters regarding the connection inspections and inflow/infiltration (I/I) compliance certificates sent out during the 2007 Pavement Management Program. The Council discussed holding a neighborhood meeting with residents in the area to review the I/I process and requested staff notify the neighborhoad of the meeting. Adiourn to Executive Session - Darqi vs Citv of Golden Vallev Lawsuit The Council adjourned to meet in Executive Session to discuss the Dargi vs City of Golden Valley lawsuit. Adiournment MOVED by Freiberg, seconded by Clausen and motion carried unanimously to adjourn the meeting at 7:13 pm. Shepard M. Harris, Mayor ATTEST: Judy Nally, Administrative Assistant $✓&�Y i/� r�: .,��<. i �t�,. d Finance Department 763-593-8013/763-593-8109(faxj `�.� � ��_'� ���a��:� _� ��.��: l�j����:: _ ���, ' �-�� ��� �' �� . �`���-� Executive Summary For Action Golden Valley City Council Meeting September 19, 2012 Agenda Item 3. B. Approval of City Check Register Prepared By Sue Virnig, Finance Director Summary Approval of the check register for various vendor claims against the City of Golden Valley. Attachments • Document sent via email Recommended Action Motion to authorize the payment of the bills as submitted. C2��1 C�� Police Dep►artment 763-593-8079/763-593-8098(fax) � _.�. ���.._ _ w�. w � Executive Summary For Action Golden Valley City Council Meeting September 19, 2012 Agenda Item 3. C. 1. Therapeutic Massage Facility License- MST 3 Inc. d/b/a The Beauty Lab Prepared By Stacy A. Altonen, Chief of Police Jim Roberts, Sergeant Summary MST 3 Inc. d/b/a The Beauty Lab, located at 681 Winnetka Avenue North has applied for a massage facility license. Documents submitted by the applicant indicate that MST 3 Inc. d/b/a The Beauty Lab is owned by Kathryn and Eric Simpson of Golden Valley, Minnesota. Ms. Simpson has owned/operated Hair for All Seasons in Plymouth, Minnesota since 2001. A background investigation of Ms. Simpson including record checks and inspection of the facility has been completed. Both meet City Code requirements for the issuance of a massage facility license. Recommended Action Motion to approve the issuance of a Therapeutic Massage Facility License for MST 3 Inc. d/b/a The Beauty Lab located at 681 Winnetka Avenue North. Regular Meeting of the Golden Valley Planning Commission August 27, 2012 A regular meeting of the Planning Commission was held at the Golden Valley City Hall, Council Chambers, 7800 Golden Valley Road, Golden Valley, Minnesota, on Monday, August 27, 2012. Chair Waldhauser called the meeting to order at 7 pm. Those present were Planning Commissioners, Cera, Kisch, Kluchka, McCarty, Schmidgall, Segelbaum and Waldhauser. Also present were City Planner Joe Hogeboom and Administrative Assistant Lisa Wittman. 1, Approval of Minutes August 13, 2012 Regular Planning Commission Meeting Waldhauser referred to the fifth paragraph on page 4 and stated that the word "south" should be replaced with the word "north." MOVED by Schmidgall, seconded by Cera and motion carried unanimously to approve the August 13, 2012 minutes with the above noted correction. Kluchka abstained from voting. 2. Informal Public Hearing — Planned Unit Development (PUD) — 600 Boone Avenue North — Boone Avenue Convenience Center— PU-110 Applicant: Linn Investment Properties, LLC Address: 600 Boone Avenue North Purpose: To allow for the construction of a retail/service facility on the east side of the site. Commissioner McCarty recused himself from discussion of this item. Hogeboom referred to a location map and explained that this property is currently a BP gas station at the intersection of Highway 55 and Boone Avenue North. He stated that the property is under new ownership and they would like to add a retail building on the east part of the site. He explained that this proposal is being considered as a PUD because the two sites will essentially act like one and it will allow the existing berm and creek to be better protected. He noted that this proposal will also be reviewed by the Bassett Creek Watershed Management Commission in order to make sure best practices are being met. He added that the property is guided and zoned for Commercial use and the proposal meets all of the requirements of the PUD ordinance, therefore staff is recommending approvaL Minutes of the Golden Valley Planning Commission August 27, 2012 Page 2 Kluchka asked Hogeboom to further clarify why this project is a PUD. Hogeboom stated that the two lots will function together in regard to access, parking and pedestrian movement. Kluchka asked if the lots could be sold separately. Hogeboom said yes. Kisch noted that the lot coverage and the amount of parking seem high. He questioned what the lot coverage requirements and parking requirements would be if this proposal was not a PUD. Kluchka said it would make sense to clearly articulate which things the applicant couldn't do if this wasn't a PUD. Hogeboom explained that the City's parking ordinance requires a minimum number of parking spaces, not a maximum number, so the applicant does comply with rules regarding parking. He stated that the project would exceed the !ot coverage requirements if it were one lot but staff feels it would be appropriate to exceed the lot coverage requirements in this case since the property is closer to the downtown area which has many PUDs and many properties that exceed lot coverage requirements. Waldhauser asked if the proposal exceeds the lot coverage requirement for the Commercial zoning district. Hogeboom explained that the lot coverage requirement in the Commercial zoning district is 50%. This proposal has a lot coverage of 63.3% which exceeds #he requirement by 13.3%. He added that much of the green space in the area is Highway 55 right-of-way so that is affecting the lot coverage as well. Waldhauser asked if there is plan showing the existing berm and how much this proposal would intrude on it. Segelbaum asked which sidewalks will remain and questioned if there is a sidewalk on Boone Avenue. Hogeboom said there is a sidewalk along Boone Avenue which will remain. There is also a sidewalk on the north side of the property. He added that all of the sidewalks on the property will meet City standards. Kluchka asked if there are regulations regarding LED signage. Hogeboom said yes, the City's sign ordinance addresses LED signs and added that variances cannot be obtained from the sign ordinance. Stephen Linn, CEO Linn Companies, Applicant, showed the Planning Commission photos of other properties he has recently developed and would like to use as a model for the Golden Valley property. He said it is his desire to only own and operate first class facilities that enhance the community. He said his plan is to build the retail center to the east in conjunction with remodeling the existing building to "dress up" the current site. He stated that the gas station may be re-branded in the future but that can't happen contractually until 2014 at the earliest. He explained that they are proposing to replace all the sidewalks around the entire site along with replacing almost all of the concrete and blacktop. He stated that he is also proposing an addition to the car wash, changing it to a "tunnel" car wash in order to process more cars per hour. Waldhauser asked the applicant how important it is to upgrade the gas station in order to market the proposed new retail building. Linn said it is very important. He added that it would look awkward to have a nice convenience center next to a plain gas station. He added that in most cases he exceeds cities' standards. Waldhauser asked the applicant if he has a plan showing the existing berm and what will happen along the creek as a part of this proposal. Linn said yes. He referred to the site Minutes of the Golden Valley Planning Commission August 27, 2012 Page 3 plan and noted that the civil engineer for the project is also in attendance to answer questions. Waldhauser asked the applicant what types of tenants they are expecting in the new retail space. Linn said they don't know at this point but they have had some preliminary interest in this site because it is a highly visible site on a "high traffic" corner. Kisch asked the applicant if the proposed number of parking stalls was derived from the target market they are aiming for, or if the parking lot was laid out for what fits on the site. Linn stated that food-based users will require more parking stalls. He added that the market will be limited if the parking isn't adequate. Kisch asked if the majority of the parking spaces are for the convenience store or for the retail building. Linn stated that the retail building will require more parking spaces than the gas station, but it is important that the parking be convenient for the customers. Kisch asked about the number of employees at the gas station. Linn said there are four employees during the day, four employees in the evening and three employees in the middle of the night. Hogeboom added that Golden Valley has double the population during the daytime, than it does at night. Kisch said he wants to try to mitigate some of the impervious surface. Linn expressed concerned about limiting the number of parking spaces because too few spaces won't be good for the businesses or for the customers. Segelbaum asked if each use/building is considered separately when figuring the number of parking spaces. Hogeboam said each use would typically be considered separately, but not in a PUD proposal. Segelbaum asked if there are different parking requirements for different types of retail uses. Hogeboom said no and explained that there are different parking requirements for gas stations and retail uses but not for different types of retail uses. Segelbaum questioned if a food chain goes into the retail spaces and doesn't have enough parking spaces if customers would start taking the gas station's parking spaces. Cera asked about the construction schedule. Linn said he hopes to start construction next spring. Kluchka said he is sensitive to how buildings look on all sides and asked the applicant if he is willing to upgrade the facades with some articulation or windows, even if they are non-functioning, so there aren't just plain brick walls. Linn said he is proposing to upgrade all the walls. He noted that the back side of the proposed new building would be up against a wooded area along the creek so having windows along that side wouldn't be practical and coutd cause safety issues. Kluchka asked the applicant if he is open to design enhancements. Linn said yes, it if they are for practical reasons. Kluchka asked the applicant if he would limit the number of empty spaces on the proposed pylon sign because he is concerned about the sign showing empty tenant space. Linn said he would ultimately build the pylon sign for the number of tenants that are in the building. Minutes of the Golden Valley Planning Commission August 27, 2012 Page 4 Segelbaum asked the applicant if he has built combination gas station/retail stores in the past. Linn said yes, he has built several, Kisch asked the applicant if any thought had been given to alternative stormwater management techniques given the site exceeds the impervious surface requirements. Linn said it is his intent to add tanks underground that would re-use most of the car wash water and substantially reduce water usage. Jared Jones, Civil Engineer, MFRA, said he would be working with the Bassett Creek Watershed Management Commission (BCWMC) regarding the stormwater management on the site. He said there is currently an environmental manhole on site for the gas station and they are propasing to add a filter manhole for the retail portion of the site to bring the property into conformance with BCWMC requirements. Kisch asked Jones if they have considered adding bio-swales or other mechanisms to help with filtration as well. Jones said yes, but due to the soils some mechanisms have been ruled out, however they will continue to work with BCWMC. Waldhauser referred to the plans and asked if the retaining wall shown will direct water from the parking lots into the manholes. Jones said yes. Kisch asked the applicant if he would be open to adding more trees to the site. Linn said yes, he would be willing to work with staff to revise his landscape plan. Waldhauser opened the public hearing. Seeing and hearing no one wishing to speak, Waldhauser closed the public hearing. Cera said he likes the proposal and thinks it will be a great enhancement to the property. Kluchka questioned if language regarding specific design materials should be required to be included in the PUD plans. Cera suggested adding language to their recommendation which states that equivalent materials to what the Planning Commission was shown should be used. Kisch said specific materials can be addressed during the Final PUD Plan review. Kluchka said the P(anning Commission has been burned in the past when things weren'f required at the Preliminary stage. He added that he wants specific samples listed in the design documents. Kisch said he is hesitant to require specific design criteria at this stage because he knows how much designs can change. He suggested requiring a design plan be submitted with the Final PUD plan. Segelbaum said he is concerned about whether the parking requirements have been studied enough. Kisch said the site looks like it is maxed out to parking capacity and there isn't much room to add more parking spaces. Segelbaum questioned if the site is suitable for retail uses. MOVED by Cera to recommend approval of the Preliminary PUD request to allow for the construction of a retail/service facility on the east side of the property located at 600 Boone Avenue North subject to the following conditions: Minutes of the Golden Valley Planning Commission August 27, 2012 Page 5 1. Design consideration be discussed in the Final PUD plan review including materials and the PowerPoint presentation given at this meeting become a part of the presentation to the City Council as an example of the materials to be used. 2. Further Discussion of the parking requirements. How the applicant came to the proposed number of parking spaces and consideration of having fewer parking spaces in relationship to amount of impervious surface. 3. Consideration of additional alternative stormwater management beyond the environmental manhole. 4. An enhanced landscape plan, recognizing the need for visibility of the site and signage. Kluchka said he is concerned about the unarticulated walls on the narth and south sides of the buildings. He said the fronts of the buildings are p(easant but the other walls are not, especially when considering that this intersection is a gateway to the City. Cera added another condition that there be a discussion of enhancing the facades on all sides of both buildings. Linn noted that there is a berm on the east side and a good portion of the east side will be blocked from view. He added that he is willing to work with the City regarding these concerns but he doesn't think there will much enhancement made by adding a lot of decorative items. There will just be more expense and more maintenance. Kluchka said his main concern is the pedestrian view of the north elevation. Kisch agreed that the elevation on the north side of the proposed new building could be enhanced. Cera restated his motion with the following conditions and findings: Conditions �. 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 July 30, 2012, shall become part of this approval. 3. The recommendations and requirements outlined in the memo from City Engineer Jeff Oliver and Public Works Specialist Eric Eckman to Mark Grimes, Director of Planning and Development, dated August 22, 2012, shall become a part of this approval. 4. All signs on the property must meet the requirements of the City's Sign �ode. 5. There shall be further discussion of the design and design specs, including materials, as part of the Final PUD Plan. Also, the buildings are to look like the ones shown in the applicant's PowerPoint presentation. 6. There shall be discussion between staff and the applicant regarding the appropriate amount of parking for the site. 7. There shall be discussion between staff and the applicant regarding alternative storm water management options. 8. An enhanced landscape plan shall be considered. 9. This approval is subject to all other state, federal, and local ordinances, regulations, or laws with authority over this development. Minutes of the Golden Valley Planning Commission August 27, 2012 Page 6 Findinqs 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 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 preservation) of the land. 4. The PUD Plan results in development 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 pravisions. The motion was seconded by Schmidgall and carried unanimously. 3. Informal Public Hearing — Minor Subdivision — 1540 and 1550 St. Croix Circle — Golden View Addition — SU06-04 Applicants: Dave & Cindy Fellman and Jeff & Heidi Haines Addresses: 1540 and 1550 St. Croix Circle Purpose: To allow the applicants to reconfigure three existing single family residential lots into three new single family residential lots. Hogeboom referred to a location map and explained that the applicants are proposing to subdivide their properties at 1540 and 1550 St. Croix Circle (along with the parcel to the east) into three new residential lots. He stated that the house at 1540 St. Croix Circle will be removed and two new homes will be built. He referred to the survey of the properties and noted that the remnant property to the east will become part of 1550 St. Croix Circle and the sizes of the new lots will be as follows: Lot 1 will be 52,180 sq. ft. Lot 2 will be 43,620 sq. ft. and Lot 3 will be 99,790 sq. ft. Hogeboom explained that this subdivision request will require a variance from the Subdivision Code because the lots don't have 80 feet of width at the front setback line. The applicants could construct a half cul-de-sac in order to make the lots wider at the front but staff has requested that not be done because it will create more impervious surFace and maintenance issues. Waldhauser asked if there has been any consideration of requiring a larger/deeper front yard setback since the lots are narrower at the front. Segelbaum noted that in order to meet the side yard setback requirements the homes will have to be set back further from the front property line. Minutes of the Golden Valley Planning Commission August 27, 2012 Page 7 Hogeboom stated that staff is recommending approval of this proposed subdivision with the variance discussed. He added that the City Engineer is working with the applicants on creating a natural buffer along the shoreline. Waldhauser asked about custom grading for each lot. Hogeboom stated that there will be custom grading for each individual lot, as there will only be two lots developed. Cera stated that in the past the Planning Commission has been told that they can't recommend approval of variances for subdivisions where the need for the variance is caused by the applicant. Hogeboom clarified that the applicants have not asked for a variance. The City's recommendation in this case is to waive the lot width requirements so as to not add more impervious surface and street maintenance. Segelbaum said he is concerned that the house at 1540 St. Croix Circle would be left as a non-conforming structure if this subdivision doesn't end up being completed. Hogeboom said the house at 1540 St. Croix Circle would be considered conforming if doesn't end up being removed. Jacqueline Day, representing the applicants, showed illustrations of the subject properties before and after the proposed subdivision. She explained that ultimately the owner of 1540 St. Croix Circle will own Lots 1 & 2. The home on 1540 St. Croix Circle will be removed, both lots will be sold and two new homes will be built. She added that this is the lowest density that could be added on these properties. Waldhauser opened the public hearing. Carol Parry, 1530 St. Croix Circle, said she has no objection to the splitting the property but she is concerned about the narrowness of the lots along the street. She questioned if the lots could share a driveway because 1540 St. Croix Circle has a row of huge, old pine trees and she hopes the driveways won't take out those trees. Jacqueline Day stated that ultimately the homeowner will decide where the garage and driveway will be located. She stated that the trees shouldn't have to be removed and she assumes the intent of the homeowner would be to keep the trees. Seeing and hearing no one else wishing to comment, Waldhauser closed the public hearing. Waldhauser stated that the tree preservation plan should address the concerns about the trees. She added that she agrees with staff that adding a half cul-de-sac doesn't add anything to the project. MOVED by Kisch, seconded by Kluchka and motion carried unanimously to recommend approval of the Minor Subdivision at 1540 and 1550 St. Croix Circle subject to the following conditions: 1. The City Attorney will determine if a title review is necessary prior to approval of the final plat. Minutes of the Golden Valley Planning Commission August 27, 2012 Page 8 2. A park dedication fee of$14,370 shall be paid before final plat approval. 3. The City Engineer's memorandum, dated August 22, 2012 shall become part of this approval. 4. A Subdivision Agreement will be drafted for review and approval by the City Council that will include issues found in the City Engineer's memorandum. 5. All applicable City permits shall be obtained prior to the development of the new lots. The Planning Commission also recommends approval of a waiver to Section 12.20, Subdivision 5(A) of City Code allowing Lot 1 to be 60 feet in width along the northeast front setback line and allowing Lot 2 to be 62 feet in width along the northeast front setback line per staff's recommendation. 4. Informal Public Hearing — Planned Unit Development— Final Plan --4900 Triton Drive (Eldridge 3rd Addition) — PU-109 Applicant: A.K.A.R.E. Companies, LLC — Rob Eldridge Lakewest Development Co, LLC — Curt Fretham Address: 4900 Triton Drive Purpose: To allow the applicant to divide one single family residential lot into five single family residential lots. Hogeboom stated that this is the Final PUD Plan proposal for the property located at 4900 Triton Drive. He stated that the plans in this proposal haven't changed since the City Gouncil gave Preliminary PUD approval last spring. He added that there has been a mediation meeting with the neighbors and the developer as directed by the City Council. He referred to a concern expressed at previous meetings regarding the Bassett Creek Watershed ManagemenYs recommendation to construct a pond as part of this proposal. He explained that there were negotiations between the developer and the neighbors to the north of the subject property to sell them some of the property in order to bring the size of the development under two acres so a pond would not be required. However, the sale of the land did not happen so the pond is still being required by the Bassett Creek Water Management Commission. Segelbaum said he was hoping ta see a tree preservation map that might show justification for allowing the lots to have a 25-foot front yard setback. He asked if moving the homes further forward on the lots was one of the items discussed at the neighborhood meeting. Hogeboom said he couldn't recall if the front setback requirements were discussed at the meeting. He added that the reason the homes are proposed to be set further forward on the lots is to pull them away from the surrounding homes and to save more of the trees on the property. Kisch recalled discussion that included requiring a larger rear yard setback in exchange. Cera asked if there has been any further discussion regarding the use of sewage pumps in some of the homes. Waldhauser said she thinks another reason to set the home further forward on the lots was to help alleviate the need for the pumps. Minutes of the Golden Valley Planning Commission August 27, 2012 Page 9 Waldhauser questioned if the custom grading plans and subgrade drainage plans should be mentioned in the Planning Commission's recommendation to the City Council. Hogeboom stated that those items are addressed in the City Engineer's staff report which will become part of the PUD approval. Kluchka asked about typical rear yard setback dimensions. Hogeboom said the rear yard setback requirement is 20% of the lot depth. Kluchka asked if there has been any resolution on trying to get more rear yard setback area since they are giving less front yard setback area. Waldhauser said she thought the intent was to have larger rear yard setbacks on Lots 1 and 2. Cera questioned if the Planning Commission is ok with allowing smaller rear yard setbacks on some of the lots. Hogeboom noted that these are the same plans/setbacks that the Council gave preliminary approval for last spring. Kisch asked if the Planning Commission has any authority to discuss any changes given that this same plan was approved preliminarily by the City Council. Hogeboom said the Planning Commission can discuss the proposal with the applicant and hear the residents' comments. However, the City Attorney has said that the City is obligated to give Final PUD approval because Preliminary approval has already been given and there are no significant changes befinreen the finro plans. Waldhauser noted that there was a change in the plans regarding the utilities across the back (north) of the property. Hogeboom stated that the City Engineer had originally requested that the power lines along the north be buried because he didn't want the lines to go across the water but he has recently stated that the poles could be moved instead of buried, as long as they don't go across the water. McCarty asked if the developer has submitted a plan that indicates which trees would be removed if the 35-foot front yard setbacks were maintained. Hogeboom stated that the applicant has shown a plan that conforms to setback requirements and which trees would be removed. Kisch recalled discussion about building the houses to suite the site and not making the site suite the houses. Waldhauser stated that there were other reasons for moving the houses further forward on the lots besides tree preservation. There were also grading issues and sewer issues among others. Peter Knaeble, Terra Engineering, representing the applicant, explained that the intent of this PUD is to exceed the standard typical setback requirements. He noted that the rear yard setbacks will be greater than 20% of the depth of the lots. He explained that five to six additional trees would be removed if the front yard setbacks were pushed back to 35 feet. There would also be more impervious surFace if the driveways were longer and the new homes would be 10 feet closer to the existing homes. He clarified that three of the homes will have basement sanitary sewer pumps. Rob Eldridge, A.K.A.R.E. Companies, LLC, Applicant, added that another reason for moving the houses further forward on the lots is to eliminate the need for retaining walls. Waldhauser opened the public hearing. Minutes of the Golden Valley Planning Commission August 27, 2012 Page 10 Mike Ernst, 4845 Lowry Terrace, said he has two issues. The first issue is the pond. He has concerns about safety, nuisance and long term maintenance. He said he doesn't believe the idea of adding bio-filtration and catch basins at the top of the hill on Triton Drive has been fully explored. He said he doesn't believe that the Bassett Creek Water Management Commission is requiring a pond because the Commission requires best management practices be put into place. The second issue is the position of the power lines. He believes the power lines should go underground. He referred the City Engineer's staff report which discusses the cost implications for property owners to the north with burying the power lines. He said he thinks the property owners to the north should be given the consideration of being asked whether they want to participate in sharing the costs to bury the power lines. He said he is concerned about where the power lines will be moved to and the affect that would have on trees. Mark Brenny, representing the homeowner at 4920 Triton Drive, said he is the property owner's son-in-law and his mother-in-law, Hannelore Jopp has been trying to sell her property and they've been having problems because of this proposed development. He said everybody that has walked through the house has said this development isn't Golden Valley it's a new development. It is taking away the integrity of what young, professional people are looking for. He said the developer that developed this property 65 years ago didn't do it this way because it just didn't work but the current development is getting shoved down people's throats and they are being told this is not your community, this is the way it's going to be done. He said there has been a lot of support from people who do not like this proposal and questioned when it will stop. He asked if everybody's home value will depreciate because the integrity is gone and this isn't Golden Valley like it used to be. Ray Anderson, 3142 Quail Avenue North, said he has a request for four specific changes to the PUD documents. The first request is to require that the developer revise their project narrative to eliminate references to a six-►ot conforming plat because the narrative includes several direct references to the traditional six-lot conforming plat in order to support the alleged benefits of the PUD plan. He added that viability of the traditional six- lot plan is questionable and that the developer is using the six-lot conforming plan as a bully-pulpit to suggest what they would do if the PUD plan is not approved. The second request is to require that the developer revise their narrative to eliminate or correct statements that appear to conflict with various point of the City Code. The third request is to require that the final utility plan clearly and completely defines how electrical power will be rerouted to the homes adjacent to the PUD site. He stated that Xcel Energy has a long history of failing to maintain existing poles and lines safely and reliably. The fourth request is to require that the plans detail how trees and other vegetation adjacent to the PUD site will be preserved and protected throughout the development process. He discussed the viability of the traditional six-lot conforming plat. Waldhauser questioned if the six-lot proposal needs be discussed given that the proposal being reviewed is for five lots. Anderson said the plans do not appear to be valid. Barbara Reiter, 3146 Quail Avenue North, said they have been waiting patiently for a long time to speak and she would like respect shown to the people who have put their sweat and time into their concerns. Minutes of the Golden Valley Planning Commission August 27, 2012 Page 11 Fred Reiter, 3146 Quail Avenue North, referred to the PUD application and said he noticed the authorized representative is Curt Fretham. He asked who has the authority to appoint an authorized representative. Waldhauser stated that the applicant decides who their representatives will be. Reiter referred to the Preliminary PUD application and stated that it was signed by Karen Fretham as the property owner. However, the real estate agents' website shows that this property was sold on February 1, 2012. He asked how the property could be owned by the Frethams in 2011. He asked that a certified copy of the recorded deed transferring ownership of the property from the Shallbetter's to Karen Fretham be produced in order for the Planning Commission, City Council and the public to review. Hogeboom explained that the City Attorney's office will do a title review of the property. Barbara Gaasedelen, 3026 Perry Avenue North, said Mr. Reiter wasn't asking for a title review of who owns the property now, rather who owned it when the process was started. Jack Terrio, 3139 Orchard Avenue North, said he is concerned about the power lines because the poles are owned by Qwest and the lines are owned by Excel and that he frequently loses power because he is at the end of the line. He said another thing that bothers him is no one has been honest. A six-lot plan has never been viab(e and they were told the house at 4900 Triton Drive was unsound but someone is living in it. He questioned why no one can be upfront and honest about this development. Seeing and hearing no one else wishing to comment. Waldhauser closed the public hearing. Segelbaum asked Hogeboom to clarify the Planning Commission's obligation or function at this meeting given that the City Council has approved the Preliminary plan. Hogeboom explained that the five-lot Preliminary PUD plan was approved by the City Council so it is his understanding the Planning Commission is obligated to approve the same five-lot proposal. He added however, that the Planning Commission can discuss issues and add conditions. Segelbaum asked if the size of the building envelopes could be discussed. Kluchka stated that since the Preliminary PUD plan has been approved and no changes have come forth, there is nothing for the Planning Commission to discuss except possibly the utility issues that have been brought forward. Waldhauser asked if there have been continued discussions regarding the catch basins on Triton Drive versus the pond. Hageboom stated that the City Engineer has reviewed the plans and that the Bassett Creek Watershed Management Commission has recommended the pond. Segelbaum said the electrical plans should be further explored by staff and that should be an added condition to the Planning Commission's approval. Kisch agreed and said he thinks before the Final PUD plan goes onto the City Council there should be some definitive resolution as to how the power lines are going to be handled and there should be outreach to the neighbors who have a stake in the issue of where the power poles will Minutes of the Golden Valley Planning Commission August 27, 2012 Page 12 be located. Hogeboom stated that it would be difficult for the City to impact what Excel does. He also noted that the City's interest is to not have the power lines crossing the pond. Waldhauser suggested that the Planning Commission add a condition of approval requiring that the adjacent property owners, the applicant and Excel work out an acceptable plan before the Final PUD plan goes on to the City Council. Hogeboom said he is not sure if the City could get Excel to commit to that. Segelbaum said he would like to see a better definition of what could be done regarding the power line issues. Eldridge said he has had communication with Excel and there has been no definitive answer from them as to what they are going to do in this situation. He said it will be difficult to get Excel agree to anything before the Final PUD plan goes to the City Council for review. Kisch asked Eldridge if he is intending to bury the power lines on his property. Eldridge said the power lines will be buried on his property but he can't say what Excel will do with the lines on other properties. He added that power lines are typically located in an easement area along a property line. Hogeboom said he would ask the City Engineer to further explain the power line issues and policies when the City Council reviews the Final PUD. Waldhauser re-opened the public hearing. Commissioner Cera left the meeting. Mark Brenny, representing the homeowner at 4920 Triton Drive, asked the Planning Commissioners if they are 100% supportive of this development without any doubt and if they all believe that everything has been done correctly as it should be for all the citizens of this community. He said he can't believe that this proposal could move forward when there is nothing set in stone. Barbara Gaasedelen, 3026 Perry Avenue North, suggested the developer pay for the neighboring property owner's power lines to be buried. Mike Ernst, 4845 Lowry Terrace, said he is in the construction industry and he knows the City can get Excel will put something in writing. He reiterated that the Bassett Creek Watershed Management Commission doesn't require ponds they require stormwater management and sediment control. Seeing and hearing no one else wishing to comment, Waldhauser closed the public hearing. Segelbaum said he's not sure if there is any sort of demand that could be put on Excel regarding the power line issues but he would like highly encourage the developer to seek out additional clarity on the electrical plan. Kluchka suggested two recommendations. First, reconsideration of design standards and service based on the neighbors requests for electrical service and second, reconsider the Minutes of the Golden Valley Planning Commission August 27, 2012 Page 13 water management plan based on neighborhood interest and requests. Kisch added that he thinks the City can push Excel to come up with a more definitive plan regarding the power line issue and the onus can be put on the developer to take ownership of what will be done. MOVED by Schmidgall, seconded by Kluchka and motion carried unanimously to recommend approval of the Final PUD Plan for Eldridge 3�d Addition based on the following conditions and findings: Conditions 1. The recommendations and requirements outlined in the memo from Deputy Fire Marshal Ed Anderson to Mark Grimes, Director of Planning and Development dated December 28, 2011, shall become a part of this approval. 2. The recommendation and requirements outlined in the memo from City Engineer Jeff Oliver, PE, and Engineer Eric Seaburg, to Mark Grimes, Director of Planning and Development dated August 22, 2012, shall become a part of this approval. If the applicant does not agree with all conditions of the City Engineer's memo, the staff recommends denial of the Final PUD plan.) 3. All signs on the property must meet the requirements of the City's Sign Code. 4. The Final PUD packet for PUD No. 109 prepared by Terra Engineering and dated March 13, 2012 shall become a part of this approval. 5. All homes within the PUD shall not exceed 28 ft. in height. 6. The building setback lines are drawn on the Final PUD Packet. The front yard setback along Triton Dr. shall be 35 ft. All other front yard setbacks shall be 25 ft. The side yard setback shall be 10 ft. and that setback is not required to increase with the height of the structure (up to a maximum of 28 ft.). The rear yard setback is noted on the Final PUD plan. 7. The final plan for PUD No. 109 is consistent with the Intent and Purpose provision found in Section 11.55: Planned Unit Development, Subd. 1; and other PUD requirements, principle and development standards adhered to by the City. 8. A model home may be constructed prior to completion of the street if it is approved by the Building Official and Director of Inspections. 9. The approval of the PUD is also subject to other state, federal, and local ordinances, regulations, or laws with authority over the PUD. 10. A park dedication fee, as determined by the City Council, shall be paid prior to final plat approval. 11. Prior to issuance of any building permits for construction within PUD No. 109, the applicant shall submit a final plat to the City for approval and the staff will prepare a PUD permit for City Council approval. 12. Staff should re-evaluate overhead utility connections and on-site stormwater management mitigation. Findinqs Minutes of the Golden Valley Planning Commission August 27, 2012 Page 14 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 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 preservation) of the land. 4. The PUD Plan results in development 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. --Short Recess-- 5. Reports on Meetings of the Housing and Redevelopment Authority, City Council, Board of Zoning Appeals and other Meetings No reports were given. 6. Other Business No other business was discussed. 7. Adjournment The meeting was adjourned at 9:53 pm. Golden Valley Human Services Fund (GVHSF) Meeting Minutes July 9, 2012 Present: Hilmer Erickson, Katie Hart, Brenda Hayle, Elissa Heilicher, Connie Sandler and Toots Vadovoz. Also present: Joanie Clausen, Council Liaison and Jeanne Fackler, Staff Liaison. Not Attending: Diane Nimmer Call to Order: Sandler called the meeting to order at 6:45 p.m. Hart asked to move the Farmer's Market discussion to agenda item #4. Granted. June 11 minutes: Heilicher moved and Hart seconded the motion to approve the minutes from June 11. The motion passed unanimously. Farmers Market: The GVHSF will have an informational table at the Sunday, July 15 Farmer's Market. Hart and Nimmer will be present at the table from 9AM-1 PM. A pamphlet about the GVHSF will be available for people. Meilicher will pick up hard candy. Sandler will ask the GVGF for information to place at the table. By-law Review: The by-laws were reviewed. Erickson moved and Hart seconded to approve the by-laws with no changes. The motion passed unanimously. Upcoming Events: Golf Classic will be held on Friday, July 13. Fackler reported that 29 faursomes have registered up 2 foursomes from 2011. Members volunteered to help at the event. Registration: Heilicher, Sandler, Vodovoz. Continental Breakfast: Heilicher, Vodovoz. Lunch: Heilicher, Sandler. Hole-in-One: Erickson. Greeter: Clausen. Prizes: Central Bank, City Looks Salon, Pat Ryan Golf, Vic's Supper Club, Brookview Golf Course. Sandler offered to approach businesses in the Golden Valley Shopping Center. Heilicher has contacted AI's Coffee, Crossroad's Deli and will do the shopping for the tournament. Fackler is working with Davanni's for lunch. Dessert is being donated by a former member. New Event: Heilicher has contacted the Twin City Men's Gay Chorus for a possible fundraising concert. The Chorus is out of town at a competition. Members discussed asking the Chorus to narrow dawn possible dates so a venue could be pursued. 2013 Application Packet: The updated packet was reviewed. Erickson moved and Hayle seconded the motion to approve the packet for publication. The motion passed unanimously. Other Business: Community Foundation: Sandler reported the CF board is working on a formal application process for fund distribution. A $500 grant was given to sponsor a Cultural Day at the Farmer's Market Sandler announced the next meeting is August 13 at 6:45 p.m. Hayle requested that up to 3 agencies be asked to present at the September meeting when funding will be discussed. Members agreed that new agencies applying for funding attend as well as agencies that have not presented to the commission in previous years. Adjournment: Hayle moved to adjourn the meeting, Vodovoz seconded the motion. The meeting was adjourned at 8:20 p.m. RespectFully submitted, Jeanne Fackler GVHSF Staff Liaison BCWMC July 19, 2012, Meeting Minutes Bassett Creek Watershed'M�nagement Commission Minutes of the I1Zeeting of July 19, 2U12 1. CALL TO ORDER AND ROLL CALL The Bassett Creek Watershed Management Commission(BCWMC)was called to order at 11:30 a.m.,on Thursday,July 19,2012,at Golden Valley City Hall by Chair Black. ROLL CALL Crystal Not represented* Counsel Charlie LeFevere Golden Valley Commissioner Stacy Hoschka,Treasurer Engineer Karen Chandler Medicine Lake Commissioner Ted Hoshal,Secretary Recorder Amy Herbert Minneapolis Not represented* Minnetonka Commissioner Jacob Millner New Hope Commissioner John Elder Plymouth Commissioner Ginny Black,Chair Robbinsdale Not represented St. Louis Park Commissioner Jim de Lambert,Vice Chair *Note: Commissioner Dan Johnson(Crystal)and Alternate Commissioner Lisa Goddard(Minneapolis)arrived after roll call. Also present: Laura Adler,BCWMC Technical Advisory Committee,City of St.Louis Park Derek Asche,BCWMC Technical Advisory Committee, City of Plymouth Pat Byrne,BCWMC Technical Advisory Committee,City of Minneapolis Jeannine Clancy,BCWMC Technical Advisory Committee,Golden Valley Christopher Gise,Golden Valley resident Dave Hanson,Alternate Commissioner,City of Golden Valley Guy Johnson,BCWMC Technical Advisory Committee,City of New Hope Linda Loomis,Golden Valley resident Tom Mathisen,BCWMC Technical Advisory Committee,City of Crystal Richard McCoy,BCWMC Technical Advisory Committee,City of Robbinsdale Nate Mitchell,Contractor Jeff Oliver,BCWMC Technical Advisory Committee,City of Golden Valley Roger Peters Lorna Reichl,Golden Valley resident Liz Stout,BCWMC Technical Advisory Committee,City of Minnetonka 1 BCWMC July 19, 2012, Meeting Minutes 2. CITIZEN FflRL1M ON NON-AGENDA ITEMS No citizen input. 3.AGENDA , Chair Black requested to move agenda items 6B—Final Feasibility Study for the Four Seasons Mall Wetland Restoration Project -and 7A—Order Cooperative Agreements and Public Hearing for 2013 CIP Projects-to the Consent Agenda. Commissioner Elder moved to approve the agenda as amended. Commissioner de Lambert seconded the motion.The motion carried unanimouslv with six votes in favor [Cities of Crystal,Minneapolis,and Robbinsdale absent from voteJ. �Commissioner Johnson arrives.J 4.CONSENT AGENDA Commissioner Hoshal moved to approve the Consent Agenda as amended.Commissioner Elder seconded the motion.The motion carried unanimouslv with seven votes in favor[Cities of Minneapolis and Robbinsdale absent from vote]. [The following items were approved as part of the Consent Agenda: The June 21,2012,meeting minutes,the July�nancial report,Legal Counsel Communications,Final Feasibility Study for the Four Seasons Mall Wetland Restoration Project,and Order Cooperative Agreements and Public Hearing for 2013 CIP Projects.] [Alternate Commissioner Goddard arrives.) The general and construction account balances reported in the July 2012 Financial Report are as follows: Checking Account Balance $686,389.66 TOTAL GENERAL FUND BALANCE $686,389.66 TOTAL ON-HAND CONSTRUCTION $2,856,555.78 CASH &INVESTMENTS(7/11/12) CIP Projects Levied—Budget Remaining ($2,780,873.00) Closed Projects Remaining Balance $75,682.78 2012 Anticipated Tax Levy Revenue $381,652.69 Anticipated Closed Project Balance $457,335.47 5. ADMINISTRATION 5A. Presentation of Invoices for Payment Approval.Chair Black noted that an additional invoice came in for payment after the packet mailed out.She reported that the invoice was from Finance& Commerce in the amount of$138.87 for the publication of the public meeting notice. She requested the addition of the invoice to the agenda under"Presentation of Invoices for Payment Approval."The Commission consented. 2 BCWMC July 19, 2012, Meeting Minutes Commissioner de Lambert moved the approval of payment of all invoices.Commissioner Elder seconded the motion.The motion carried unanimouslv with eight votes in favor[City of Robbinsdale absent from vote]. i. Kennedy & Graven—Legal Services through May 31,2012—invoice for the amount of$1,262.15. ii. Barr Engineering Company—Engineering Services through June 29,2012—invoice for the amount of$44,903.73. iii. Amy Herbert—June Secretarial Services—invoice for the amount of$2,232.48. iv. D'amico-ACE Catering—July BCWMC meeting catering—invoice for the amount of$188.11. v. Finance& Commerce—Public Meeting Notice Publication—invoice for the amount of$138.87. 5B. Revisions to the BCWMC Bylaws. Chair Black discussed the substantive changes to the Bylaws, including the removal of the section that dictated the order of the agenda of the Commission meetings and of the requirement that claims must be paid by roll call vote.Mr.LeFevere noted that the changes were tracked on the copy of the Bylaws distributed with the meeting packet. Commissioners commented on additional edits that could be made and Mr.LeFevere noted them and said that he would incorporate those revisions into a�nal draft.He said that the next step is to formally notice the BCWMC Member Cities about the changes to the Bylaws since the Bylaws require that the Member Cities be given seven days notice of the proposed changes to the Bylaws.Mr.LeFevere said that if there are no comments from the Member Cities then the Commission could approve the changes as a Consent Agenda item at the August meeting or if there are comments then the Commission could discuss those comments as a business item on the August meeting agenda. Commissioner Elder moved to approve Mr.LeFevere creating the�nal draft of the revised Bylaws based on today's comments,staff distributing the draft revised Bylaws to the Member Cities for comment,and staff adding the adoption of the revised Bylaws to the August meeting agenda.Alternate Commissioner Goddard seconded the motion. Commissioner Hoshal made a recommendation for an addition to the Definition of Terms section of the Bylaws.Mr.LeFevere said that he would make that addition. Commissioner Elder and Alternate Commissioner Goddard approved the friendly amendment to the Bylaws and the motion.The motion carried unanimouslv with eight votes in favor[City of Robbinsdale absent from vote]. 6.NEW BUSINESS A. Public Meeting on the BCWMC's Minor Plan Amendment. Chair Black described the minor plan amendment and then reported that staff had submitted the minor plan amendment to BWSR.She said that BWSR already had communicated back with the message that it agrees that the plan amendment is a minor amendment.She said that BWSR provided a few additional comments.Alternate Commissioner Goddard moved to approve staff sending notice to the Member Cities about the continuation of the public meeting on September 20`h and to approve continuing the meeting until September 20"'.Commissioner Millner seconded the motion.The motion carried unanimouslv with eight votes in favor[City of Robbinsdale absent from vote). B. Final Feasibility Study for the Four Seasons Mall Area Water Quality Project. Feasibility Study approved under agenda item 4—Consent Agenda.Mr.Asche noted that the final draft contained no major changes from the draft report.He said that the only changes were minor edits to the pounds of phosphorous removal numbers by revising the numbers by a pound or two. 3 BCWMC July 19, 2012, Meeting Minutes C. Sweeney Lake Boathouse Replacement: Golden �alley. Ms. Chandler described the project on a property on the east side of Sweeney Lake.She explained that the project is in front of the Commission because it is work in the floodplain.Ms. Chandler noted that she would have recommended this agenda item to be part of the Consent Agenda.She said that staff recommends approval of the project with no conditions.Commissioner Hoshal asked why the project is in front of the Commission because it seems like the boathouse would be considered a nonconforming property by the City of Golden Valley.Mr, Oliver said the project is a permitted use and is consistent with all of the City of Golden Valley's shoreline ordinances and zoning ordinances.He said that the project is an existing use that is being rebuilt. Commissioner Elder moved to approve the project permit. Commissioner Johnson seconded the motion.The motion carried with seven votes in favor [City of Robbinsdale absent from vote]and one vote against[City of Medicine Lake]. D. BWSR FY2013 Clean Water Fund Grants.Ms. Chandler said that the application process starts August lst and the Clean Water Fund Grants applications are due September 15"'.Ms. Chandler summarized the memo included in the meeting packet and the Commission Engineer's suggestions for projects to include in the application for the grants.She said that the suggestions include the Four Season Mall area 2013 water quality treatment project,the I.akeview Park Pond 2013 water quality project,and the Schaper Pond diversion project. She said that the project is not yet included in the Commission's Plan and it would need to be included before the project could be implemented,but she explained that the project is included in the Commission's Sweeney Lake TMDL implementation plan. Ms. Chandler noted that in the grant applications the Commission would need to make sure it includes the projects' costs in terms of how much there is left to spend on the project because any project expenses incurred prior to being awarded a grant is not eligible. Alternate Commissioner Goddard asked if the grant program has requirements of follow-up reporting, which would mean other budget considerations for the Commission.Ms. Chandler said yes that starting with last year's grants there is one report per year,compared to the previous two reports per year requirement.Chair Black asked if the grants are for one year or for two years.Ms.Chandler said that she thinks two years with the possibility of an extension. Commissioner de Lambert moved to approve staff applying for the grant for all three described projects.Commissioner Elder seconded the motion.The motion carried unanimouslv with eight votes in favor[City of Robbinsdale absent from vote]. 7. OLD BUSINESS A. Order Cooperative Agreements and Public Hearing for 2013 CIP Projects: NL-2(Four Seasons Mall Wetland Restoration Project)and ML-8(Lakeview Park Pond Project).Cooperative Agreements and Public Hearing for 2013 CIP Projects were ordered under agenda item 4—Consent Agenda. B. WOMP Station Management. Chair Black described the work involved in the WOMP station management,the way the work had been accomplished in previous years,and what needs to be accomplished in 2012 and in future years.Chair Black explained that she had asked Barr Engineering for an estimate of costs if Barr did all of the WOMP tasks and that Barr provided a cost estimate of $25,000 for the annual work. Chair Black added that the Metropolitan Council has recently communicated that it will provide $5,000 to the Commission towards the WOMP costs.She said that she went to the Commission's 4 BCWMC July 19, 2012, Meeting Minutes engineer pool and asked Wenck and WSB each for a quote on the WOMP station work.She said that those two firms talked to the Met Council about the work in order to get an understanding of the tasks involved.Chair Black reported that Wenck's bid came in at$10,320 without budgeting for a final report and$13,296 including budget for a report and WSB's quote came in at$10,800 without budgeting for a�nal report. Commissioner de Lambert asked if Barr and WSB and Wenck were all providing quotes on the same work. Chair Black said that they each provided quotes according to their understanding of the work involved.Alternate Commissioner Goddard asked if the cost of the rating curve work performed by Barr Engineering would need to be budgeted for on top of the costs quoted by WSB and Wenck. Chair Black said yes,on top of WSB's and Wenck's quotes,$4,000- $6,000 woWd need to be budgeted for the rating curve work and data management work performed annually by Barr Engineering. Chair Black said that she did talk to the Mississippi WMO about providing a quote to the Commission to perform the WOMP station management work but it proved to be too complicated to try to get it sorted out since the MWMO wanted to meet with the Met Council and the MWMO wouldn't provide a quote until it met with the Met Council. Mr.Byrne asked if the three consulting firms that provided quotes were told that this was a competitive bidding process.Mr.Asche said no,he just requested quotes. Chair Black asked if it makes a difference.Mr.Byrne said it does sometimes because he has seen�rms who are trying to get introduced to a group submit lowball bids.Mr.Asche said that each of the consultants,not counting Barr Engineering,met with the Met Council and based their quotes on the standard operating procedures for the WOMP.He said that WSB visited the site and took pictures and that he feels that everyone has a pretty good handle on the tasks. Ms.Loomis asked if there is a possibility that the Met Council could take over the work especially since it is doing the work for the WOMP station on Minnehaha Creek.She added that if the MPCA is using the data for the Lake Pepin TMDL then why is the BCWMC paying for the work to supply that data. Mr.Asche said that ultimately the WOMP stations are the Met Council's responsibility,but since the Met Council doesn't have the staff to run all of the stations it actively seeks out cooperative arrangements to get the work done.Mr.Asche said that the watershed isn't obligated to do the work. Ms.Loomis said that maybe the Met Council should contribute more than$5,004 for the work.Ms. Loomis suggested that the Met Council contract with someone directly to do the WOMP work.Ms. Clancy suggested that the Commission could inform the Met Council that this is the final year that the Commission will conduct the work and that the Met Council should adjust its budget accordingly. Chair Black said that she didn't think that the Commission has seen the quotes from Barr Engineering, WSB,and Wenck and that the information could go out to the Commission and the item could be added to next month's agenda for the Commission to decide what to do.She said that she would like to get the Commission's 2013 budget adjusted for the WOMP budget prior to sending the fina12013 budget out to the member cities. C. Update on Administrator Selection Process. Chair Black reported that prior to today's Commission meeting Commissioner de Lambert chaired a meeting of the Administrative Services Committee at which many members of the TAC and the Commission provided input about the Commission's Administrator services. Commissioner de Lambert said that no concise conclusion came out of the meeting but that was not the goal of the discussion.He said the TAC's input was helpful and said the things that really stuck with him include that the Commission needs to be careful but also needs to 5 BCWMC July 19, 2012, Meeting Minutes move forward. Commissioner de Lambert said that the next steps are for the Committee to organize the notes from the meeting and for another meeting to get scheduled for the tirst part of August so that something more concise can be discussed at the August BCWMC meeting. Chair Black said that she thinks that the Commission should also consider the Administrator budget item for 2013 in light that it may be extremely unlikely that the Commission will hire someone as an Administrator for 2013.She said that she thinks that the Commission should rethink the$100,000 budget for the Administrator for 2013. Ms. Clancy stated that the TAC recommended that the Commission utilize the Commission's e�sting staff and increase the duties of some of the contractors so that the burden can be lessened for the BCWMC officers. Commissioner de Lambert suggested that the Commission look at its 2012 Administrator budget and reallocate it to cover existing work needs,which then may be a basis for the 2013 budget.The members of the Administrative Services Committee discussed meeting dates and Chair Black suggested setting a meeting for Wednesday,August 15`at 8:00 a.m,and for the meeting space to be coordinated and communicated to the Committee members and the Commission and TAC members since the meeting is an open meeting. D. Next Generation Watershed Management Plan.Chair Black announced that the BCWMC's Plan Steering Committee will meet on Monday,July 23�d at 4:30 p.m.in the Medicine Lake room at Golden Valley City Hall.She added that it is a standing monthly meeting held at 4:30 p.m.on the Monday after the Commission's monthly meeting.She said that at Monday's meeting the Committee will be trying to �nalize the steps in the Plan process and finalize the public input steps of the process. Commissioner Hoshal said that since the Commission may not have an Administrator on board as the Commission begins its plan process that perhaps the Commission would want to use a consulting facilitator to bring the Commission through the process.He said the MPCA used such a facilitator,CR Planning,for the Medicine Lake TMDL plan.Chair Black said this could definitely be a discussion topic.Ms.Loomis stated that part of the reason that she has brought up the City of Golden Valley's Envision process is because it was a public stakeholder process facilitated by volunteers. E. Follow Up Report on Riprap in Channel Below Medicine Lake Outlet.Ms.Chandler said that the Commission Engineer is still in discussion with the Met Council and the Met Council is trying to decide if it wants to remove the riprap or study its impact. Commissioner Hoshal noted that the riprap is migrating downstream. 8:COMMUNTCATIONS Chair: No Chair Communications. Ms. Loomis provided an update on Upper Mississippi River Bacteria TMDL. Commissioners: 1.Commissioner Hoschka asked for an update about the communication from Hennepin County Commissioner Jeff Johnson about the legislation he is helping to draft regarding reorganizing WMOs and watershed districts in Hennepin County.The Commission discussed Commissioner Johnson's efforts to draft bill language that would consolidate the WMOs and watershed districts in the County into three watershed organizations. Committees: 6 BCWMC July 19, 2012, Meeting Minutes 1. Commissioner Hoshal reported that the next West Metro Water Alliance(WMWA)meeting will be in the fall and he will announce the date once it is set. Counsel Communications: No Counsel Communications. Engineer Communications: No Engineer Communications. 9.ADJOURNMENT The meeting adjourned at 1:05 p.m. Chair Date Amy Herbert,Recorder Date Secretary Date 7 �'t��1 C��+ Public Works Departrnent 763-593-8Q30/763-593-3988(fax) Executive Summary For Action Golden Valley City Council Meeting September 19, 2012 Agenda Item 3. E. 1. Award Contract for the Sweeney and Wirth Lake Outlet Structure Improvement Project No. 11-18 Prepared By Jeannine Clancy, Director of Public Works Jeff Oliver, PE, City Engineer Mitchell Hoeft, EIT MPA, Engineer Eric Seaburg, EIT, Engineer Summary The Bassett Creek Watershed Management Commission (BCWMC) recently completed a total maximum daily load (TMDL) study for Wirth Lake, which is impaired for excess nutrients. The TMDL study concluded that the excess phosphorus loading in the lake was a result of water from Bassett Creek flowing into the lake during flood conditions in the creek. Based upon this finding, the TMDL's implementation plan recommended modifying the Wirth Lake outlet structure to prevent backflow from the creek into the lake. The BCWMC placed the modifications to the Wirth Lake Outlet Structure in its Capital Improvement Program following completion of the study. The existing outlet from Sweeney Lake into Bassett Creek consists of a large concrete block that was informally placed at some point in the past. This structure has experienced erosion around the ends of the concrete structure in recent years as a result of persons placing rocks on and near the structure, possibly to raise the water level in Sweeney Lake. These issues have created significant risk for negative impacts to the flood level of the lake, and an increased risk of erosion- related bank failure near the outlet. Based upon a request from the City of Golden Valley to address these issues,the BCWMC included the replacement of the Sweeney Lake Outlet Structure into its Capital Improvement Program. On Thursday, September 6, 2012, City staff opened bids for the replacement of the Wirth Lake and Sweeney Lake Outlet Replacement Projects. Three bids were received as follows. GF Jedlicki, Inc. $175,635 Minger Construction, Inc. $197,700 Veit & Company, Inc. $275,830 The Sweeney and Wirth Lake Outlet Structure Improvements are included in the City of Golden Valley Capital Improvement Program (SS-29, page 78; and SS-30, page 79), with $250,000 budgeted for each of the projects. These projects are being 100%financed by the BCWMC. Recommended Actions Motion to award a contract with GF Jedlicki, Inc. in the amount of$175,635 for the construction of the Sweeney and Wirth Lake Outlet Structure Improvements. 1485 Island Drive Goiden Valley, MN 55422 September 13, 2012 Mayor Shep Harris and Galden Valfey City Council Members Goiden Valley City Hall 7800 Golden Valley Road Goiden Valiey MN 55427 RE: Minor Subdivision — 1540 and 1550 St. Croix Circle Dear Mayor Harris and Golden Valley City Council Members: !'m writing in regard to the proposed Minor Subdivision at 1540 and 1550 St. Croix Circle. As I understand it, the goal of this new development project is to reconfigure three lots to allow for the construction of new homes along the Sweeney Lake shoreline, and to provide lakefront access for one of the existing homes. I read with interest the materials that were made available prior to the Planning Commission's Informal Public Hearing (which I attended). I was gratified fio see that the staff memo includes recommendations that measures to be#aken to help protect the water quality of Sweeney Lake, which is currently on the DNR's list of impaired bodies of water. However, I am puzzled by staff's recommendation for a Gity-controlled conservation easement and shoreline buffer of only 10 feefi. At the time that it was redeveloped, a conservation easement of 50 feet was imposed on my property and that of my neighbors on Island Drive. It was my understanding that this was the standard to which new development projects on Sweeney Lake would be held. It is not clear to me why this development is being held to a different standard. In addition to the 50-fioot shoreline easement, the City required the establishment of three rain gardens and a dedicated tree preservation easement on Island Drive. I do not see either of these requirements being propased for the St. Croix Circle development pro}ect. While the St. Croix Circle and Island Drive projects are not identical, it does appear to me that the main elements are the same. Both are development projects involving construction on the shoreline of Sweeney Lake, an impaired water body. Both projects include property that contains an already-existing home. The amount of Sweeney L.ake shoreline that wiil be affected by the currently-proposed project is fess than that of the island Drive project; however, there are severai shoreline lots adjacent to the proposed St. Croix Minor Subdivision that are currently for sale, and it is highly likely that approval for development of these properties will be sought sometime in the near future. Taken altogether, this is a stretch of shoreline that is approximately equivalent to the Isiand Drive project. I do understand that the approval processes for Island Drive (a PUD) and St. Croix Circle (a Minor Subdivision) are different. However, wouldn't either process lead to the same requirements as to the need for conservation easements and shoreline buffer areas? I'm having difficulty understanding how it benefits the lake to have extensive and restrictive easements on some praperties if the standards are going to be relaxed for other properties going forward. If the decision is made to move forward with the St. Croix Minor Subdivision as presented, could the City please explain its rationale in treating these properties differently? Thank yau for your consideration. Regards, ,2-��...., ��. 1J Christopher Gise CITY OF GOLDEN VALLEY PROCLAMATION FOR WOMEN OF TODAY WEEK SEPTEMBER 23-29, 2012 WHEREAS Woman of Today is a national non-profit group focusing on service, personal growth and fellowship determined to leave the world a better place because we have lived and served within it; and WHEREAS its local chapter, Golden Valley Women of Today, was formed in 1985 and has since promoted fellowship and community through avenues such as leadership training, praviding local scholarships, spearheading community service projects, and supporting the GV Days Festival, PRISM and Interfaith Outreach, among many others; and WHEREAS the Golden Valley Women of Today would like to invite others to join in its mission and fellowship and celebrate its commitment to the community throughout the years, Now therefore be it resolved that September 23-29 be proclaimed as Women of Today Week in Golden Valley and that the community be enjoined to recognize and support the Golden Valley Women of Today. IN WITNESS WHEREOF, I have hereunto set my hand and caused the great seal of the City of Golden Valley to be affixed this 19th day of September, 2012. Shepard M, Harris, Mayor Cl��' t�� �� �� � �� �� � . ��,,. ��,T F�nance Department 763-593-8013!763-593 8109(fax) Executive Summary For Action Golden Valley City Council Meeting September 19, 2012 Agenda Item 3. H. Appointing Absentee Ballot Board Election Judges for General Election Prepared By Sue Virnig, Finance Director Summary The City needs to appoint election judges to represent the Absentee Ballot Board. These election judges will have the responsibility of accepting and rejecting absentee ballots based on the criteria set by the State. Hennepin County will approve judges that will be responsible for accepting/rejecting all in person absentee ballots received at the Hennepin County Government Center counter. Those ballots then will be sent to the City for counting. Attachments • Resolution Appointing Absentee Ballot Board Election Judges for the November 6, 2012 General Election (2 pages) Recommended Action Motion to adopt Resolution Appointing Absentee Ballot Board Election Judges for the November 6, 2012 General Election. Resolution 12-66 September 19, 2012 Member introduced the following resolution and moved its adoption: RESOLUTION APPOINTING ABSENTEE BALLOT BOARD ELECTIQN JUDGES FOR THE NOVEMBER 6, 2012 GENERAL ELECTION WHEREAS, Minnesota Election Law 204B.21 requires that persons serving as election judges be appointed by the Council at least 25 days before the election; and NOW ,THEREFORE, BE IT RESOLVED by the Golden Valley City Council that the individuals named on Exhibit A, and on file in the office of the City Clerk be appointed as the City of Golden Valley Absentee Ballot Board Election Judges for the November 6, 2012 General Election; and BE IT FURTHER RESOLVED the Golden Valley City Council also appoints other individuals and all members appointed to the Hennepin County Absentee Ballot Board as authorized under Minnesota Statutes 204B.21, subd. 2 under the direction of the Election Manager to serve as members of the Golden Valley Absentee Ballot Board; and BE IT FURTHER RESOLVED that the City Clerk is with this, authorized to make any substitutions or additions as deemed necessary. Shepard M. Harris, Mayor ATTEST: Susan M. Virnig, City Clerk The motion for the adoption of the foregoing resolution was seconded by Member and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted, signed by the Mayor and his signature attested by the City Clerk. Resolution 12-66 - Continued September 19, 2012 EXHIBIT A City of Golden Valley Absentee Ballot Board November 6, 2012 General Election Bonnie Blake Sandra Carlson Rusty Cowen Constance Hietala Betty Hill Mary Hill Dwayne King Sharyn Steinman Mary Van Hoak �:��y �� Police Department 763-593-8079/763-593-8098(fax) �-.�.� _ _ Executive Summary For Action Golden Valley City Council Meeting September 19, 2012 Agenda Item 3. 1. Authorization to Sign School Resource Officer Service Agreement with Intermediate Schoal District 281 Prepared By Stacy A. Carlson, Chief of Police Summary Intermediate School District 281 and the Police Department desire to participate in providing specialized security services at the facility located at 2400 Sandburg Lane. A school resource officer program is needed to improve understanding and promote mutuai respect between police, school, staff, counselors, parents and students. An agreement has been drafted, stating the City will provide the services of one quarter time (.25) police officer and related support services and supplies for the term of luly 1, 2012 through June 30, 2013. The related costs for these services will be bitled to Intermediate School District 281 in an amount not to exceed $15,540, depending on the number of student school days covered. All training, supervision and records will be the responsibility of the City. Attachments • School Resource Officer Service Agreement for Independent School District 281 (3 pages) Recommended Action Motion to authorize the City Manager to sign the School Resource Officer Service Agreement with Intermediate School District 281. SCHOOL RESOURCE 4FFICER AGREEMENT BY ANA BETWEEN THE INDEPENDENT SCHOOL DISTRICT 281 AND THE CITY OF GOLDEN VALLEY THIS AGREEMENT made this day of 1 st day of July, 2012 by and between the INDEPENDENT SCHOOL DISTRICT 281, a school district, (hereinafter "School District") and the CITY OF GOLDEN VALLEY, a public corporation and political subdivision of the State of Minnesota, (hereinafter"City"). Recitals 1. The City and the School District desire to deter and prevent crime and violence within its middle schools and senior high schools. 2. The Safe Schools Levy provides monetary funds to school districts to hire school resource officers to address violence, crime and safety related issues within schools. 3. To that end, the City and the School District desire to collaboratively provide safe school services. NQW, THEREFORE, the City and the Schoal District agree as follows: Terms 4. TERM OF AGREEMENT/TERMINATION. 4.I The Term of this Agreement shall be for a twelve month period from July 1, 2012 to June 30, 2013. 4.2 Either Party may terminate this agreement upon a sixty (60) day written notice to the other of such termination. In the event of a termination, any payments due shall be prorated. 5. LEVY. The school district will levy the maximum amount permitted by law to the property tax payers in the Robbinsdale School District to help fund the schaol resource officer position(s). 6. PROGRA,M FUNDING. By May 1 of each year the School District will meet with the Chief Law Enforcement Officers of each community providing liaison services to the School District to allocate available funds to support the cost for the officers for the next school year. The City will invoice the School District for the first half of the payment on January 1 and for the second half of the payment on June 30. The funding provided for the 2012-2013 school year will be $61,760 per FTE. 7. SCH40LS SERVED. The Highview Alternative Program located at Sandburg Learning Center will receive school resource officer services under this contract. $. OFFICER SELECTIONS. The City will, depending on staffing levels, employ ar assign, in accordance with all applicable state laws, the police officers that will participate in or serve as employees in the School Resource Officer program. The City will employ or assign one fourth (0.25) FTE officers to serve as school resource officers during the regular school year (up to 170 student days while the Highview Alternative Program is located at Sandburg Learning Center in the City of Golden Valley) covered by the term of this agreement and payment of$90.82 per actual student day worked which is the pro-rated amount of 0.25 FTE at the pay rate of$61,760 per FTE. The City of Golden Valley shall bill the School District for the daily rate of actual student days served not to exceed $15,540 if all 170 student days are reached. The number of police officers serving in the school resource officer position rnay be modified upon agreement of the City and the School District. 9. OFFICER COMPENSATION. The City will be responsible for all payments regarding compensation, benefits, pension plans and withholdings for the officers serving in the school resource officer capacity. 10. DUTIES OF THE OFFICER. The list of duties and work schedule of the officer(s) shall be developed and agreed upon by the City and the School served. The School Resource Officer position is a designated "school official" with regard to the Family Educational Rights and Privacy Act while under contract and providing School Resource Officer services to the School District. The law enforcement services provided to the School District will be at the sole discretion of the City. Officer standards of performance, conduct and discipline of the officer, performance reviews and other internal matters related to enforcement services shall be under the authority of the City. The School District shall provide the City with a written appraisal of the services rendered by the school resource officer at the end of each contract term. The School District shall immediately notify the City in writing of any performance deficiencies or inappropriate conduct of the liaison. All disciplinary action shall be under the authority of the City. Time spent in excess of eight (8) hours will be on a specific, case-by-case basis and requiring the advance approval of the City and the School District. 11. ADDITIONAL OFFICER DUTIES. The school resource officer will respond to emergency calls, attend police training, and any other special duties as assigned by the City while fulfilling the school resource officer requirements under this contract. 12. OFFICER SUPPLIES AND EQUIPMENT. The City shall provide any required clothing, uniforms and vehicles, necessary to perform required duties as outlined pursuant to section 10 of this contract. 13. INDEMNIFICATION, Except for claims arising out of the willful acts of malfeasance in office, willful neglect of duty or bad faith of the other party or its representatives, each party shall indemnify and defend the other party against all claims, expenses, and liabilities incurred, including reasonable attorney fees, related to claims for loss of life, personal injury, and/or damage to property arising out of any occurrence in upon or at the School District properties in accordance with the execution of the school resource officer duties under this contract. Neither party waives any defenses or immunities available under Minnesota Statutes Chapter 466. 14. NOTICE. Any notice, demand, request or other communication that may or shall be given or served by the parties, shall be deemed to have been given or served on the date the same is deposited in the United States mail, registered or certified postage prepaid and addressed as follows: If to the City: Attn: Police Chief, Golden Valley Police Department, 7800 Golden Valley Road, Golden Valley, MN 55427; If so to the School District, Attn: Director of Finance, Business Office, 4148 Winnetka Avenue N.,New Hope, MN 55427. 15. ENTIRE AGREEMENT; AMENDMENTS. This contract constitutes the entire agreement between the parties and no other agreement prior to this agreement or contemporaneous herewith shall be effective except as expressly set forth or incorporated herein. Any purported amendment shall not be effective unless it shall be set forth in writing and executed by both parties. CITY OF GOLDEN VALLEY By City Manager Date INDEPENDENT SCHOOL DISTRICT 281 By Executive Director of Business Services Date G1��1 C}� Finance Department 763-593-8013/763-593-8109(fax) _ _„ .. � r_ , : ;�� .e � _ , ur �.�- -.. Executive Summary For Action Golden Valley City Council Meeting September 19, 2012 Agenda Item 3. J. Receipt of August 2012 Financial Reports Prepared By Sue Virnig, Finance Director Summary The monthly financial report provides a progress report of the following funds: General Fund Operations Conservation/Recycling Fund (Enterprise Fund) Water and Sewer Utility Fund (Enterprise Fund) Brookview Golf Course (Enterprise Fund) Motor Vehicle Licensing (Enterprise Fundj Storm Utility Fund (Enterprise Fund) General Fund Operations: As of August 2012, the City uses $848,697 of fund balance to balance the General Fund Budget. The second half property tax settlement will be received in December. Attachments • August 2012 General Fund Financial Reports - unaudited (2 pages) • August 2012 Conservation/Recycling Fund Financial Report� unaudited (1 page) • August 2012 Water and Sewer Utility Fund Financial Report - unaudited (1 page) • August 2012 Brookview Golf Course Fund Financial Report- unaudited (1 page) • August 2012 Motor Vehicle Licensing Fund Financial Report - unaudited (1 page) • August 2012 Storm Utility Fund Financial Report - unaudited (1 page) Recommended Action Motion to receive and file the August 2012 Financial Reports. City of Golden Valley Monthly Budget Report-General Fund Expenditures Au ust, 2012 (unaudited) � Over % 2012 August YTD (Under} Of Budget Division Budget Actual Actual Budget Expend. oo� Council $287,755 20,018 188,991 ($98,764) 65.68% 003 City Manager 697,925 55,410 438,102 (259,823) 62.77% ooa Transfers Out 294,710 0 294,710 0 100.00% (1) 005 Admin. Services 1,572,160 107,215 1,053,008 (519,152) 66.98% oos Legal 120,000 14,033 74,133 (45,867) 61.78% (2) oo� Risk Management 290,000 0 227,835 (62,165) 78,56% o�� General Gov't. Bldgs. 570,855 49,837 310,845 (260,010) 54.45% o�s Planning 317,035 23,410 195,366 (121,669) 61.62% 022 Police 4,701,500 354,097 2,986,731 (1,714,769) 63.53% oz3 Fire and Inspections 1,554,480 132,525 1,010,349 (544,131) 65.00% 035 Public Works Admin. 315,365 26,015 203,901 (111,464) 64.66% o3s Engineering 663,425 50,672 380,397 (283,028) 57.34% 037 Streets 1,386,530 150,748 772,358 (614,172) 55.70% os5 Community Center 75,355 3,428 33,754 (41,601) 44.79% oss Park& Rec.Admin. 646,275 53,223 409,974 (236,301) 63.44°/a os� Park Maintenance 996,780 90,599 633,305 (363,475) 63.54°/a os$ Recreation Programs 410,925 93,426 382,562 (28,363) 93.10% TOTAL Expenditures $14,901,075 $1,224,656 $9,596,321 ($5,304,754) 64.40% (1)Transfers were made in June. (2) Legal fees are through July. City of Golden Valley Monthly Budget Report-General Fund Revenues August, 2012 (unaudited) Percentage Of Year Completed 67.00% Over % 2012 August YTD (Under) of Budget Type Budget Actual Actual Budget Received Ad Valorem Taxes $11,702,050 0 5,985,969 ($5,716,081) 51.15% (1) Licenses 173,800 9,900 206,668 $32,86$ 118.91% Permits 628,070 120,163 768,922 $140,852 122.43% Federal Grants 0 0 11,522 $11,522 State Aid 10,500 21,949 30,106 $19,606 286.72% Hennepin Gounty Aid 0 0 0 $0 Charges For Services: General Government 43,550 1,171 28,685 ($14,865) 65.87% Public Safety 181,745 7,593 110,992 ($70,753) 61.07% Public Works 125,000 (888) 84,461 ($40,539) 67.57% Park& Rec 395,350 64,890 442,804 $47,454 112.00% Other Funds 1,001,500 27,334 765,137 ($236,363) 76.40% Fines& Forfeitures 260,000 0 177,207 ($82,793) 68.16% (2) Interes#On Investments 110,000 0 675 ($109,325) 0.61% (3) Miscellaneous Revenue 182,700 1,556 47,666 ($135,034) 26.09% Transfers In 86,810 0 86,810 $0 100.00% TOTAL Revenue $14,901,075 $253,668 $8,747,624 ($6,153,451) 58.70% Notes: (1) The first half taxes was received in July. (2) Fines and Forfeitures is through June. (3) Investments will be booked at year end; Cart Lease interest City of Golden Valley Monthly Budget Report-Conservation/Recycling Enterprise Fund August 2012 (unaudited) Over 2012 August YTD (Under) % Budget Actual Actual Budget Current Revenue Hennepin County Recycling Grant 51,425 0 56,859 5,434 110.57% Recycling Charges 276,000 23,814 161,874 (114,126) 58.65% (3) Miscellaneous Revenues 0 608 824 824 Interest on Investments 5,000 0 0 (5,000) 0.00% (1) Total Revenue 332,425 24,422 219,557 (112,868) 66.05% Expenses: Recycling 453,605 17,507 209,883 (243,722) 46.27% (2) Total Expenses 453,605 17,507 209,883 (243,722) 46.27% (1) Interest Earnings are allocated at year-end. (2) This includes through luly services as of YTD. (3j Recycling Charges are through August 2012 (City Utility Bill). City of Golden Valley Monthly Budget Report-Water and Sewer Utility Enterprise Fund August,2012 (unaudited) Over 2012 August YTD (Under) % Budget Actual Actual Budget Current Revenue Water Charges 4,022,955 560,152 2,541,066 (1,481,889) 63.16% Sewer Charges 3,236,245 315,391 1,982,818 (1,253,427) 61.27% Meter Sales 5,000 0 2,463 (2,537) 49.26% MCES Grant Program 0 0 0 0 Penalties 120,000 4,929 79,360 (40,640) 66.13% Charges for Other Services 220,000 32,315 218,549 (1,451) 99.34% State Water Testing Fee Pass Through 43,000 4,023 27,094 (15,906) 63.01% Certificate of Compliance 60,000 9,085 51,235 (8,765) 85.39% Interest Earnings 65,000 0 0 (65,000) 0.00% Total Revenue 7,772,200 925,895 4,902,585 (2,869,615) 63.08% Expenses: Utility Administration 1,913,620 281,076 1,083,139 (830,481) 56.60% Sewer Maintenance 2,441,390 209,409 1,582,779 (858,611) 64.83% Water Maintenance 4,098,800 467,004 2,526,210 (1,572,590) 61.63% Total Expenses 8,453,810 957,489 5,192,128 (3,261,682) 61.42% City of Golden Valley Monthly Budget Report- Brookview Golf Course Enterprise Fund(3) August, 2012 (unaudited) Over 2012 August YTD (Under) % Budget Actual Actual Budget Current Revenue Green Fees 879,100 150,651 732,044 (147,056) 83.27% Driving Range Fees 107,700 17,207 98,874 (8,826) 91.81% Par 3 Fees 195,150 37,173 144,741 (50,409) 74.17% Pro Shop Sales 82,000 14,983 65,960 (16,040) 80.44% Pro Shop Rentals 235,200 47,216 199,801 (35,399) $4.95% Concession Sales 218,200 46,065 191,711 (26,489) 87.86% Other Revenue 68,000 112 68,168 16$ 100.25% Interest Earnings 15,000 Q 0 (15,000) D.00% {1) Less: Credit Card Charges/Sales Tax (37,000) (5,566) (16,526) 20,474 44.66% (4) Total Revenue 1,763,350 307,841 1,484,773 (278,577) 84.20% Expenses: Golf Operations 649,565 39,495 471,040 (178,525) 72.52% (2) Course Maintenance 721,620 57,950 439,591 (282,029) 60.92% Pro Shop 111,600 10,583 96,969 (14,631) 86.89% Grill 176,190 38,843 154,086 (22,104) 87.45% Driving Range 44,320 6,718 37,399 (6,921) 84.38% Par 3 Course 29,730 4,972 22,445 (7,285) 75.50% Total Expenses 1,733,025 158,561 1,221,530 (511,495) 70.49% (1) Interest Earnings are allocated at year-end. (2) Depreciation is allocated at year-end. (3) Course opened on March 16. (4) Credit card fees are through July, City of Golden Valley Monthly Budget Report-Motor Vehicle Licensing Enterprise Fund August,2012 (4)(unaudited) Over 2012(3) August YTD (Under) % Budget Actual Actuai Budget Current Revenue Interest Earnings 0 0 (1) Charges for Services 17,788 32,219 (2) Tota!Revenue 0 17,788 32,219 32,219 Expenses: Motar Vehicle licensing 27,524 118,840 Tota) Expenses 0 27,524 118,840 0 (1) Interest Earnings are allocated at year-end. (2) Activity is posted in through August. (3) No 2012 budget was set due to the closure. (4)The DMV opened July 23. City of Golden Valley Monthly Budget Report-Storm Utility Enterprise Fund August, 2012(unaudited) Qver 2012 August YTD (Under) % Budget Actual Actual Budget Current Revenue Interest Earnings 40,000 0 0 (40,000) 0,00% (1) Storm Sewer Charges 2,228,920 191,981 1,440,615 (788,305) 64.63% Bassett Creek Watershed 1,080,200 0 0 (1,080,200) 0.00% State Grant-Other 0 0 25,369 25,369 (3) Total Revenue 3,349,120 191,981 1,465,984 (1,883,136) 43.77% Expenses: Storm Utility 2,777,630 173,226 692,581 (2,085,049) 24.93% (2) Street Cleaning 121,780 1,194 66,082 (55,698) 54.26% Environmental Control 240,050 11,105 122,958 (117,092) 51.22% Debt Service Payments 435,125 60,923 433,899 (1,226) 99.72% Total Expenses 3,574,585 246,448 1,315,520 (2,259,065) 36,80% (1) Interest Earnings are allocated at year-end. (2) Depreciation is allocated at year-end and. 2011 PMP and 2012 PMP are not complete. (3) Project Reimbursement �l�,� �� Public Works Department 763-593-8030/763-593-3988(fax) �,�. ,�. . .. ��,�.. J:�.�.� . _ ����������� ��°��: � � �v �_� _ �� Executive Summary For Action Golden Valley City Council Meeting September 19, 2012 Agenda Item 3. K. Authorize Contract with SEH, Inc. for Professional Services for Survey, Design and Plan Preparation for the Sidewalk and Trail System Upgrades Prepared By Jeannine Clancy, Director of Public Works Ron Nims, Public Works Project Coordinator Summary In 2011, as required by state and federal law, the City Councit adopted Golden Valley's Accessibility, Design, Policy and Implementation Manual for Public Rights-of-Way that presented a plan for how the City would upgrade existing walk and trails to current Americans with Disabilities (ADA) standards for handicap accessibility. The Transition Plan prioritized implementation based on several criteria including: 1. Accessibility in high use areas to facilities such as schools, businesses, parks, churches and public meeting places. 2. Vehicular and pedestrian traffic volumes including residential collector streets, county roads, State Aid designated streets and local roads. Funding in the amount of$50,000 was approved in the 2012-2016 Capital Improvement Program (CIP) (5-030, page 101)to upgrade deficient portions of the City's sidewalk and trail system to meet current standards and to be compliant with state and federal standards. Staff has attached a copy of an agreement with SEH, Inc. to provide professional services for survey, final design and plan preparation that staff will incorporate into improvements expected to be completed during the 2013 construction season. The design and survey work under this project will be done in the area identified as first Priority on the City's ADA Transition Plan as described below (see attached maps): • Winnetka Avenue - One block north of TH 55 to 10th Avenue North • Golden Valley Road - Boone Avenue to Rhode Island Avenue North • 10th Avenue North - Rhode Island Avenue North to Boone Avenue • Rhode island Avenue North -TH 55 to 10th Avenue North The work will be compensated on an hourly rate basis and is estimated to cost $46,000. Attachments • Project Location Map (2 pages) • Professional Services Agreement from SEH, Inc. for the ADA Improvement Design dated September 5, 2012 (5 pages) Recommended Action Motion to authorize agreement with SEH, Inc. for professional services in the estimated amount of$46,000 for survey, design and plan preparation of ADA improvements in the City's ADA Transition Plan Priority 1 area. � � S '� ,6 � :� ti � U ` T � o % N ° �j �� pu��s� � G o �°;_ N anb pue�s� apoy� � ��� �o =�� , � �_�. ��a _��, �J' U t`o ti � a na +� ' � ;, h=�Q n s cn i Q o = r � o ca �,. .a 'i tp uno� �' N an�/e��auui r t � i � %� � C'� d f` \ ` K Blva Q ,\ � �' i (�p � �� � U suowi.uo� :. _ � �` � %'� N � �a�saM) 3�� � � 3 � � Qj N � � �� V � �°� O � � � � �ti O � o � � � ° a � � ' � � � '�1 0 ; :a�.��suo�s�M ,, Q j i' N � ��.'��� O 1 �� N � ` ,' ,a� �_; <, � -r � ��7 �� � 4�,p .!''� , d ♦ . � ,.....�.r. p Q �"'�"°....°,..,. t' t � O � ;w. 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Z� � i,, � � .; � �� � i ,� ,�....�� F l� .. /" - +t � . � � ' • e� � N {�� � O � 'P-� � zs �_? � l [_ # �� '' � �� �__---..__.__._.._. o _.._.._. , �1 �.�� - � . _.._..__ � � ,f.: _ AI PEOxssozo�� • r_ � - � • �. � i a.. .= y szauxny : ua ,, - � �.. ro ���*st � ' �' = M �i ' f ; „�' \ / . 'd �' >; a� '_`' • A� � ' ''�' � ,�, "d �' � 1 i - i ati�.1� - a v x . _ a � va o i i q�� ��� H ang aa�z 1 ��d � s� x � � ,. a�i�,� ,$ 3 1 C I � - `_i . �c+ �. �, d ' - r� � • ��� Q� ~ � I � • �` o � � � � i,» c�i � � ••- ...M.t� �d �� � � � ::�% •, �� , �� I N 'CJ f ���ai.zx�sa[ tlo jj ' H aniag sejbno ff ; �i ro ` ! � ` J ' 3w ' , �z a I . � , �<t ;'. .�i o�� t � > � � � � .� _ ` ,_ p � � __� �- _ �,, � _.. ..� � i f � �. a� ; } � � A ai'ZX� • i I = i E� � �[aszaj , .-__ j v -� �=g$ � 'a V -� . i..-_.SJ�.. '• ;� �. • � ; • ,. , > a �� � y,T uEiscn � _�e� � � � d � — � i i 11L ang EpQnaH ..�` � o y _ � 3��- £n' ~ O � U p Jy � � ;"� _ - � ae k� �, � o g '� a� � � a°�T P ,L� i� \ � yu�E,��`SI,, ;�� � d�� — a .._.} . ca� ..._�« . �'�J'N"`t�'�� <w ��+ � � b � �� �t: �� ; N > . � ; .1 � . ,� • ;� H ang Ex uutM r - " .. _: .._ ���'�C�E��`� S an8 EK;a� , Y� i v ' _ �.,. � ; � ., �� • � .. > �fi . � : i � � y � ���ti� , � ♦ i �.,,,,. .� � � t .r � ' � I � p ' � • �.� �ng � ' . • , � � a A � -��^"� i ��"�na�z�, ��� : � fi� 1 ro P��, i � �` � _��_-__ " r ( °o y ' � .�m a a , ' P ig ii. t I y J .� �v , � � � _ .s • n s t rxaua• �, �-» ~ , : �• • ' � ;� .��� '�'NTanj{"auoo�g �:� . __.-•-----.._..__..,„ • "� N � � � � ��. u�� . M i� ' . �a„ �S� � �. _ �- _�' i v H an�xn;E�aQ 'b y'� a = . , - P4 l� , �'�� � - i . c�'i ` � � I _ � ,.e .._.0 a o V ! �. � �- �..��.. ,� � ,i i'� � I� t � C� `e. ,� •j'+ �,i r _ ` - A ` ._�,;�, ,1; �Q� a�' y �W ` � _ � �� { O i .. �a__ \ i C� ang uqossjapaalAl ty C� � i-------._._--'---- --------�---�---._.._..__.._.._.--•--------------------�---�--•------------------------------��--- cD ' � ---------�----._.---_..� � � � C v 11.L.IC;i�.l1.( Y:I�J 51.1()! �Iti 11.1 101C.l td :{U .Al.l_> �m -1:� �.i1.; .�u �.tt..� September 5,2Q12 RE: City of Golden Valley ADA Improvements SEH No.P-GOLDV 121768 Ms.Jeannine Clancy Director of Public Works City of Golden Valley 3400 Golden Valley Road Golden Valley,MN SS427 Dear Jeannine: The City of Galden Valley is requesting assistance from SEH to provide professional servaices for the fxnal design and plan preparation of American Disability Act(ADA)Improvements to a number of key intersecrions in the Ci.ty.The City has requested a scvpe of work that includes field survey,final design,plan preparation and technical specification and cost opinian preparation. This lett�r serves as the Supplemental Letter Agreement in accordance with the Agreement for Professional Services between the City of Golden Valley and SEH. gackgraund The City of Golden Valley recently completed an"Accessibility,Design,Poliay and Ixnplementation Manua1 for Public Rights-Qf-Way"in response to new and emerging regulations,federal design guidelines and research.In addition to completion of this report,the City is iuterested in,moving forward with improving accessibility at intersectiozzs and along trail and sidewalks routes in the community,star�ing aJ.ong pziority routes,but with the overall goaI of becoming fuily compliant over time. The number one�rionity area idantified in the study is in the doumtowri area from Baone Avenue North to Rhode Island Avenue,and from TH 55 to 10�'Avenue. Scope of Work The scope of work af this project involves analyzing and designing�rnproved crass walks at priQrity ztttersections and sidewalk routes within the City, starting i.n the downtown area. SEH has�been asked to prepare designs and plans for about 1 Q intersections,both signalized and un-signalized.The plans aud technical specifications prepared by SEH are expected to be compiled into future bid packages by City staff,as project funding becomes available. The following is a list af the intersecrions an:d rautes: 1. Winnetka Avenue and Golden Valley Road 2. Wizuietica Avenue and 10`�Avenue 3. Galden rJalIey Raad and Rhode Island 4. Boone Avenue and Galden Valley Road 5. Boone Avenue and 10`�Avenue , Shc�rt Eiliote Nandricksnn inc.,3S3S Vadnais Csncer!?rive.St. Paul.MN S51IO-Sf96 5EH is an equa!opporeunity employer ! www,sehinc.com J bS1.49t�.2000 � 800.3?5.2055 ? 6SC.490.215(7 fax Ms.JeaYUiine Clzncy September 5,2012 Page 2 6. The Wir:netka Avenue corridar from 1 block north of TH SS to 1Q`h Avenue Task 1—Dtcta Cottectior�,SBH wi11 obtain field surveys at designated intersections, The suzvey will include detailed topographic,horizontal and vertical information at each quadrant,including medians.Right of way monumentation information will be gathered only if available nearby. SEH and City staff will share the Gopher One Ca11 coordination,with SEH setting up the call and picking u�a the field inforznativn and City staff attending the on-site utality meet. Task 2—�'inal Design,Plan PreparatBan, Technical Specifcations and CostEstimates,SEH wiil prepare fmal plans cornprising of pedestrian ramp designs,reflecting current design criteria for accessibility at each intersection leg,along with a detail sheet. If the intersection is signalized,signal plans will be prepared that will add push buiton stations at the existing pole or at a pedestal, depending on the design requireranents.At this time,we do not expect to add audible elements to the signal systems being improved Each intersection will have an opinion of cost prepaxed and technical specifications-ready to be included in a future bid package. ViTe propose an overall kick aff xneeting with the City to discuss approaah,plan fazYnat and design criteria and p}ulosophy.Twa design meetings with City Staff are scheduled to review the detail design,prior to plan preparation and cost estimation. Project Team Dan Erickson will be the Pxoject Engineer,and provide pedestrian ramp design and project coordination.John Gray will pravide signal design services, Sue Masan will provide overall quality review and project management. Schedule The preliminary survey work and private utility coordinatiton work will be completed this fall.Detail design and plan preparation is expected to begin in January and be completed in early spring in time to include the designs in a bidding package to combine with another project. Compensation SEH proposes to be compensated for tl�e scope vf work proposed in this Agreemant on an hourly basis. Compensation will be based on the hourly cost of personnel plus reimbursable expenses,including reproductions,mileage and equipment. The work hour task sheets that detail our understanding of the scope of work axe attached to this proposal,We have esrimated the services described above to cost a total of$46,OOQ. Please let us know if you have any questions,or need more informat�on.�4s always,we appreciate the opportunity to provide professiana?engineering services to the City of Galden Valley Sincerely, SHORT ELLIOT HENDRICKSON,INC. `Y�'1 �?'��.��.-,, Sus M.Mason,P.E. ncipal Ms.7eannine Clancy September 5,2012 Page 3 Attachments cc.Dan Enickson,John Gray-SEH Approved this day of ,2012 City of Golden Valley,Miunesota By CV N b c+t V' CV N v1 � � N � � I o a � I � ° v°� ��rn M N s} N o0 M � � �-'� N N C7 .-+ �U N oo OD V' � V� ,-+ W a � N M cn oO t0 O � � a .� � � � � ° � � N � � � � � N bD .� � 3 � � w d o a � '� � � 5 � �' � �S� b � '� � � � � � o Q � �� � �� o .� � � �� ��g � c� b � � � � :9 � � � F � "` � � � � � � � �.� .� og � ,. � 3 � c� acaa � � �n ' � � o .c {y N •� � � p 4� � � � ? � k � N �� � V � y C� F( y �� 4 a� .�.. � '� � a ^� � � � � a `� a � q �� � � a �' � � o �» m � �3 a°iip ov � � a � � a O; .a •.� � v� � .c �n. q ^p � y� A � �1 b w '� N ai � d �` «� � �r Q ty V a� a� i.. -- p� .: a & � .� u „� �,� �'�., `� 3 �* e0 C� q � � > � ya? 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O V .� W a w � °� � �1 m m o0 o a �<C °� s � � � � .� "' � r*ri g °' `� $ '� ar �-• ,y� i3 `� o � � � . w q q � � " °a o � � '° a o "'� ,� � O � a � � � y �<L` � �,� � � ^� y�, e0 3 � 3 u� � � ,� � N � c'�"i� q � n N � g � q p � � � � � � c`s� ° � Q � '� �„ � �'� � �, � 3 �� � Q � .� :� � � o � � � ° x � �� v � �, � •� � N .� � � ° c � � �'� i a � � ,a � � :� .c ° � � � �t � � � � � b � Q w �j � � �n .� u � � � s S ��,y . � w b � a H q. � A 's, � V a y rn � � C � � '� �� c`si c� � y �'C p � y � >' � � � .N •� b v � � � � =' °� ��j � � � �= on �n � ^ � � � � w q � � � ?-, C'3 0` ei o � a�°i •N r�s S o � A ? a��i a °� .� �v v `u ,�L. e07n a,�v c°� � E � y � � x > f-- cnxn. LICJC� F � � C� Ur� taLl <C � o C y � � y Or" � ,o C0 A f� � � °: � v� O 'o U .� a�, �a a~i s° c'S ` n E � � � .,�, r °' '�" '� a .» ' n � v i� � � � N E-° � W E� � ¢ G1a C Z��1 L?� s�;,��;�i��: �� �a`�.. ��,� Planning Department 763-593-8095/763-593-8109(fax) Executive Summary For Action Golden Valley City Council Meeting September 19, 2012 "60 Days" Deadline: October 1, 2012 Agenda Item 4. A. Public Hearing- Ordinance#488 - Final Design Plan Approval - PUD#109 - Eldridge 3rd Addition - 4900 Triton Drive - A.K.A.R.E. Companies LLC, Applicants Prepared By Mark Grimes, Director of Planning and Development Summary A.K.A.R.E. Companies LLC is seeking final approval of Eldridge 3rd Addition, PUD No. 109 located at 4900 Triton Drive. The proposed development includes a new cul-du-sac and five single family residential lots. The property is guided as "Low Density Residential" on the General Land Use Plan Map and it is zoned "Single Family R-1 Residential." The proposed development is consistent with both the General Land Use Plan Map and the Zoning Map. The Preliminary PUD plans were approved by the City Council on March 6, 2012. The Planning Commission unanimously recommended approva! of the Final PUD plan on August 27, 2012. The Final PUD plans are consistent with the Preliminary PUD plans that were previausly approved. City Cade establishes standards for PUDs, which are laid out in the attached staff report to the Planning Cammission. In addition, City Code establishes findings that must be made by the City when creating a PUD. These findings are included in the City Council's recommended action. Staff recommends approval of the Final Plan subject to the following conditions: 1. The recommendations and requirements outlined in the memo from Deputy Fire Marshal Ed Anderson to Mark Grimes, Director of Planning and Development dated December 28, 2011, shall become a part of this approval. 2. The recommendation and requirements outlined in the memo from City Engineer Jeff Oliver, PE, and Engineer Eric Seaburg,to Mark Grimes, Director of Planning and Development dated August 22, 2012, shall become a part of this approval. If the applicant does not agree with all conditions of the City Engineer's memo,the staff recommends denial of the Final PUD plan.) 3. The Plat name shall include "PUD No. 109" in its title. 4. All signs on the property must meet the requirements of the City's Sign Code. 5. The Final PUD packet for PUD No. 109 prepared by Terra Engineering and dated March 13, 2012 shall become a part of this approval. 6. All homes within the PUD shall not exceed 28 feet in height. 7. The building setback lines are drawn on the Final PUD Packet. The front yard setback along Triton Drive shall be 35 feet. All other front yard setbacks shall be 25 feet. The side yard setback shall be 10 feet and that setback is not required to increase with the height of the structure (up to a maximum of 28 feet). The rear yard setback is noted on the final PUD plan. 8. A model home may be constructed prior to completion of the street if it is approved by the Building Official and Director of Inspections. 9. The approval of the PUD is also subject to other state, federal, and local ordinances, regulations, or laws with authority over the PUD. 10. A park dedication fee in the amount of$2,$00 shall be paid prior to final plat approval. 11. Prior to issuance of any building permits for construction within PUD No. 109, the applicant shall submit a final plat to the City for approval and the staff will prepare a PUD permit for City Council approval. In addition the Council makes the following findings pursuant to City Code Section 11.55, Subd. 6(Q): 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 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 preservation) of the land. 4. The PUD Plan results in development 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. Attachments • Location Map (1 page) • Planning Commission Minutes dated August 27, 2012 (7 pages) • City Council Minutes dated March 6, 2012 (6 pages) • Memo to Planning Commission dated August 22, 2012 (4 pages) • Memo from City Engineer Jeff Oliver, PE, and Engineer Eric Seaburg dated August 22, 2012 (5 pages) • Memo from Deputy Fire Marshal Ed Anderson dated December 28, 2011 (1 page) • Project Narrative from dated March 13, 2012 from Peter Knaeble, Terra Engineering (5 pages) • Final PUD Plans prepared for PUD No. 109 by Terra Engineering dated March 13, 2012 (9 pages) • Ordinance No. 488, Approval of Final plan of Development, Eldridge 3rd Addition, PUD 109, A.K.A.R.E. Companies LLC, Applicants. Recommended Action Motion to adopt Ordinance No. 488, Approval of Final Plan of Development, Eldridge 3rd Addition, PUD 109, A.K.A.R.E. Companies LLC, Applicants. 3311 � �500 3301 � � 3300 I49Z0 � 4910 I 4850 I 4812 I�� I 4T50 I 4T� �r�0 ; 3318 331J . _. _ __ ,�._ _ _____ _. _.L__ � + �_ __ _._._.-33�dAveN _ _. _ _ - - i - - - -. - - - - - - - 33i2 5313 3249 � 4911 � 3270 '�727 E701 � I 3248 5007 f 4927 � � 48<5 E831 ,�gflT ! � 3308 3309 3245 � �2'� 3381 y � 1 a 3Y70 � 3250 3249 � 4610 3301 � � I 3239 � 3Z4D w � q 3Z7'1 !� � 8250 � �26� �. 324 � - -AsicElAva- -" I 3231 �r 3230 ! tE40 �� t81� � 3240 � a 3261 � ,�y40 4910 _i � 4820 3235 3221 � I 3250 � 3220 3241 1 ! 3� 3251 � !y, .- � ` � Low►y Ter '�` � 5228 32Z5 ,. � z2�s 3211 j 9208 5022 !''��f <935 48<5 � s�za � soES 3201 � Sub�ect Property 3216 3213 a�ss � j ���. � � 5 � � 3200 3201 __. _ _ _ �.-._Lowry 7er__ _ _. _ _ _J � 1_ _-lowry 7er � i " _T t i Bfl51 �1�5 J 314$ �j�/ • �139 � 31�0 3129 5 � S12B 3135 { 1 /f 3142 ` � � � �'� 3125 � 312< 3t2S ; 7> 8120 3125 � 3138 �139 i � � � Gearty Park f� 3138 / 3115 j 3i14 8115 1 � 311.4 3115 j 3125 3 ' � ! J 3720 t 5124 ���� 4b24 g101 � 310a 3i01 � 1 � f i920 � � � � � 3100 3101 � 1 1 `� ��� 3100 31D1 !/, 3100 r� � _--- - - - ---�-- -. - Tr�on Dr� - -T "' 3D24 3015 ° � r � � 302$ 3025 � 3428 3D25 � i •."',-. .r _ _ _ _ _ .�� .r -J -- - "" � ' y 49D1 � I i � 3016 3017 f 4931 �21 � 3D18 5093 1 3018 3417 � i jJ 3434 3035 1 �t941 f � � 1 3000 4800 � aoJO 1 � x f � 3 saaa 30a1 aaao aco� S� � ,' 3014 3d15 f� �a w � � --Eimdale Rd ' �930 4920 4900 � �r { \OQ9 i� 4944 �4O r� '� 24�t4 2945 � 2946 2945 ;E � �"d'4 3tifl1 � 948 �. m '� � I 2940 � i� 9r��d�pti r ' � 2942 2943 � 2942 2945 � ; �g47 2943 � `` - _ .- -` � � 2945 1 I � I � 2941 � �� I 2940 2941 � 29,�q 2941 ) � 2940 � 2� 2937 1 i f 1 1 � 2958 i I � 1 2938 2933 � 2958 2937 � � 2938 2957 � 2937 1 � 1 ' �25 � � 2938 � 1 �Iaaaa�ndrer�A�d11S�Cn�t+�C4iAGUtY:20D5 S 292# � o � � 2924 2925 Minutes of the Golden Valley Planning Commission August 27, 2012 Page 8 . park dedication fee of$14,370 hall be paid before final plat approval. 3. T � Engineer's memorandu , dated August 22, 2012�11 become part of this approva . �''"""— 4. A Subdivision Agre will be rafted iew and approval by the City Council #hat will include issues found in gineer's memorandum. 5. All applicable City permi e obta rior to the development of the new lots. The Planning mission also rec mmends approval of a w ' o Section 12.20, Subdivisi A) of City Code allow g Lot 1 to be 60 feet in width alo the northeast front setb ine and allowing Lot 2 ta b 62 feet in width along the northeast front setback line r staff's recommendation. 4. Informal Public Hearing – Planned Unit Development– Final Plan –4900 Triton Drive (Eldridge 3�d Addition) – PU-109 Applicant: A.K.A.R.E. Companies, LLC – Rob Eldridge Lakewest Development Co, LLC – Curt Fretham Address: 4900 Triton Drive Purpose: To allow the applicant to divide one single family residential lot into five single family residential lots. Hogeboom stated that this is the Final PUD Plan proposal for the property located at 4900 Triton Drive. He stated that the plans in this proposal haven't changed since the City Council gave Preliminary PUD approval last spring. He added that there has been a mediation meeting with the neighbors and the developer as directed by the City Council. He referred to a concern expressed at previous meetings regarding the Bassett Creek Watershed Management's recommendation to construct a pond as part of this proposal. He explained that there were negotiations between the developer and the neighbors to the north of the subject property to sell them some of the property in order to bring the size of the development under two acres so a pond would not be required. However, the sale of the land did not happen so the pond is still being required by the Bassett Creek Water Management Commission. Segelbaum said he was hoping to see a tree preservation map that might show justification for allowing the lots to have a 25-foot front yard setback. He asked if moving the homes further forward on the lots was one of the items discussed at the neighborhood meeting. Hogeboom said he couldn't recall if the front setback requirements were discussed at the meeting. He added that the reason the homes are proposed to be set further forward on the lots is to pull them away from the surrounding homes and to save more of the trees on the property. Kisch recalled discussion that included requiring a larger rear yard setback in exchange. Cera asked if there has been any further discussion regarding the use of sewage pumps in some of the homes. Waldhauser said she thinks another reason to set the home further forward on the lots was to he(p alleviate the need for the pumps. Minutes of the Golden Valley Planning Commission August 27, 2012 Page 9 Waldhauser questioned if the custom grading plans and subgrade drainage plans should be mentioned in the Planning Commission's recommendation to the City Council. Hogeboom stated that those items are addressed in the City Engineer's staff report which will become part of the PUD approval. Kluchka asked about typical rear yard setback dimensions. Hogeboom said the rear yard setback requirement is 20% of the lot depth. Kluchka asked if there has been any resolution on trying to get more rear yard setback area since they are giving less front yard setback area. Waldhauser said she thought the intent was to have larger rear yard setbacks on Lots 1 and 2. Cera questioned if the Planning Commission is ok with allowing smaller rear yard setbacks on some of the lots. Hogeboom noted that these are the same plans/setbacks that the Council gave preliminary approval for last spring. Kisch asked if the Planning Commission has any authority to discuss any changes given that this same plan was approved preliminarily by the City Council. Hogeboom said the Planning Commission can discuss the proposal with the applicant and hear the residents' comments. However, the City Attorney has said that the City is obligated to give Final PUD approval because Preliminary approval has already been given and there are no significant changes befinreen the two plans. Waldhauser noted that there was a change in the plans regarding the utilities across the back (north) of the property. Hogeboom stated that the City Engineer had originally requested that the power lines along the north be buried because he didn't want the lines to go across the water but he has recently stated that the poles could be moved instead of buried, as long as they don't go across the water. McCarty asked if the developer has submitted a plan that indicates which trees would be removed if the 35-foot front yard setbacks were maintained. Hogeboom stated that the applicant has shown a plan that conforms to setback requirements and which trees would be removed. Kisch recalled discussion about building the houses to suite the site and not making the site suite the houses. Waldhauser stated that there were other reasons for moving the houses further forward on the lots besides tree preservation. There were also g�ading issues and sewer issues among others. Peter Knaeble, Terra Engineering, representing the applicant, explained that the intent of this PUD is to exceed the standard typical setback requirements. He noted that the rear yard setbacks will be greater than 20% of the depth of the lots. He explained that five to six additional trees would be removed if the front yard setbacks were pushed back to 35 feet. There would also be more impervious surFace if the driveways were longer and the new homes would be 10 feet closer to the existing homes. He clarified that three of the homes will have basement sanitary sewer pumps. Rob Eldridge, A.K.A.R.E. Companies, LLC, Applicant, added that another reason for moving the houses further forward on the lots is to eliminate the need for retaining walls. Waldhauser opened the public hearing. Minutes of the Golden Valley Planning Commission August 27, 2012 Page 10 Mike Ernst, 4845 Lowry Terrace, said he has finro issues. The first issue is the pond. He has concerns about safety, nuisance and long term maintenance. He said he doesn't believe the idea of adding bio-filtration and catch basins at the top of the hill on Triton Drive has been fully explored. He said he doesn't believe that the Bassett Creek Water Management Commission is requiring a pond because the Commission requires best management practices be put into place. The second issue is the position of the power lines. He believes the power lines shouid go underground. He referred the City Engineer's staff report which discusses the cost implications for property owners to the north with burying the power lines. He said he thinks the property owners to the north should be given the consideration of being asked whether they want to participate in sharing the costs to bury the power lines, He said he is concerned about where the power lines will be moved to and the affect that would have on trees. Mark Brenny, representing the homeowner at 4920 Triton Drive, said he is the property owner's son-in-law and his mother-in-law, Hannelore Jopp has been trying to sell her property and they've been having problems because of this proposed development. He said everybody that has walked through the house has said this development isn't Golden Valley it's a new development. It is taking away the integrity of what young, professional people are looking for. He said the developer that developed this property 65 years ago didn't do it this way because it just didn't work but the current development is getting shoved down people's throats and they are being told this is not your community, this is the way it's going to be done. He said there has been a lot of support from people who do not like this proposal and questioned when it will stop. He asked if everybody's home value will depreciate because the integrity is gone and this isn't Golden Valley like it used to be. Ray Anderson, 3142 Quail Avenue North, said he has a request for four specific changes to the PUD documents. The first request is to require that the developer revise their project narrative to eliminate references to a six-lot conforming plat because the narrative includes several direct references to the traditional six-lot conforming plat in order to support the alleged benefits of the PUD plan. He added that viability of the traditional six- lot plan is questionable and that the developer is using the six-lot conforming plan as a bully-pulpit to suggest what they would do if the PUD plan is not approved. The second request is to require that the developer revise their narrative to eliminate or correct statements that appear to conflict with various point of the City Code. The third request is to require that the final utility plan clearly and completely defines how electrical power will be rerouted to the homes adjacent to the PUD site. He stated that Xcel Energy has a long history of failing to maintain existing poles and lines safely and reliably. The fourth request is to require that the plans detail how trees and other vegetation adjacent to the PUD site will be preserved and protected throughout the development process. He discussed the viability of the traditional six-lot conforming plat. Waldhauser questioned if the six-lot proposal needs be discussed given that the proposal being reviewed is for five lots. Anderson said the plans do not appear to be valid. Barbara Reiter, 3146 Quail Avenue North, said they have been waiting patiently for a long time to speak and she would like respect shown to the people who have put their sweat and time into their concerns. Minutes of the Golden Valley Planning Commission August 27, 2012 Page 11 Fred Reiter, 3146 Quail Avenue North, referred to the PUD application and said he noticed the authorized representative is Curt Fretham. He asked who has the authority to appoint an authorized representative. Waldhauser stated that the applicant decides who their representatives will be. Reiter referred to the Preliminary PUD application and stated that it was signed by Karen Fretham as the property owner. However, the real estate agents' website shows that this property was sold on February 1, 2012. He asked how the property could be owned by the Frethams in 2011. He asked that a certified copy of the recorded deed transferring ownership of the property from the Shallbetter's to Karen Fretham be produced in order for the Planning Commission, City Council and the public to review. Hogeboom explained that the City Attorney's office will do a title review of the property. Barbara Gaasedelen, 3026 Perry Avenue North, said Mr. Reiter wasn't asking for a title review of who owns the property now, rather who owned it when the process was started. Jack Terrio, 3139 Orchard Avenue North, said he is concerned about the power lines because the poles are owned by Qwest and the lines are owned by Excel and that he frequently loses power because he is at the end of the line. He said another thing that bothers him is no one has been honest. A six-lot plan has never been viable and they were told the house at 4900 Triton Drive was unsound but someone is living in it. He questioned why no one can be upfront and honest about this development. Seeing and hearing no one else wishing to comment. Waldhauser closed the public hearing. Segelbaum asked Hogeboom to clarify the Planning Commission's obligation or function at this meeting given that the City Council has approved the Preliminary plan. Hogeboom explained that the five-lot Preliminary PUD plan was approved by the City Council so it is his understanding the Planning Commission is obligated to approve the same five-lot proposal. He added however, that the Planning Commission can discuss issues and add conditions. Segelbaum asked if the size of the building envelopes could be discussed. Kluchka stated that since the Preliminary PUD plan has been approved and no changes have come forth, there is nothing for the Planning Commission to discuss except possibly the utility issues that have been brought forward. Waldhauser asked if there have been continued discussions regarding the catch basins on Triton Drive versus the pond. Hogeboom stated that the City Engineer has reviewed the plans and that the Bassett Creek Watershed Management Commission has recommended the pond. Segelbaum said the electrical plans should be further explored by staff and that should be an added condition to the Planning Commission's approval. Kisch agreed and said he thinks before the Final PUD plan goes onto the City Council there should be some definitive resolution as to how the power lines are going to be handled and there should be outreach to the neighbors who have a stake in the issue of where the power poles will Minutes of the Golden Valley Planning Commission August 27, 2012 Page 12 be located. Hogeboom stated that it would be difficult for the City to impact what Excel does. He also noted that the City's interest is to not have the power lines crossing the pond. Waldhauser suggested that the Planning Commission add a condition of approval requiring that the adjacent property owners, the applicant and Excel work out an acceptable plan before the Final PUD plan goes on to the City Council. Hogeboom said he is not sure if the City could get Excel to commit to that. Segelbaum said he would like to see a better definition of what could be done regarding the power line issues. Eldridge said he has had communication with Excel and there has been no definitive answer from them as to what they are going to do in this situation. He said it will be difficult to get Excel agree to anything before the Final PUD plan goes to the City Council for review. Kisch asked Eldridge if he is intending to bury the power lines on his property. Eldridge said the power lines will be buried on his property but he can't say what Excel will do with the lines on other properties. He added that power lines are typically located in an easement area along a property line. Hogeboom said he would ask the City Engineer to further explain the power line issues and policies when the City Council reviews the Final PUD. Waldhauser re-opened the public hearing. Commissioner Cera left the meeting. Mark Brenny, representing the homeowner at 4920 Triton Drive, asked the Planning Commissioners if they are 100% supportive of this development without any doubt and if they all believe that everything has been done correctly as it should be for all the citizens of this community. He said he can't believe that this proposal could move forward when there is nothing set in stone. Barbara Gaasedelen, 3026 Perry Avenue North, suggested the developer pay for the neighboring property owner's power lines to be buried. Mike Ernst, 4845 Lowry Terrace, said he is in the construction industry and he knows the City can get Excel will put something in writing. He reiterated that the Bassett Creek Watershed Management Commission doesn't require ponds they require stormwater management and sediment control. Seeing and hearing no one else wishing to comment, Waldhauser closed the public hearing. Segelbaum said he's not sure if there is any sort of demand that could be put on Excel regarding the power line issues but he would like highly encourage the developer to seek out additional clarity on the electrical plan. Kluchka suggested two recommendations. First, reconsideration of design standards and service based on the neighbors requests for electrical service and second, reconsider the Minutes of the Golden Valley Planning Commission August 27, 2012 Page 13 water management plan based on neighborhood interest and requests. Kisch added that he thinks the City can push Excel to come up with a more definitive plan regarding the power line issue and the onus can be put on the developer to take ownership of what will be done. MOVED by Schmidgall, seconded by Kluchka and motion carried unanimously to recommend approval of the Final PUD Plan for Eldridge 3rd Addition based on the following conditions and findings: Conditions 1. The recommendations and requirements outlined in the memo from Deputy Fire Marshal Ed Anderson to Mark Grimes, Director of Planning and Development dated December 28, 2011, shall become a part of this approval. 2. The recommendation and requirements outlined in the memo from City Engineer Jeff Oliver, PE, and Engineer Eric Seaburg, to Mark Grimes, Director of Planning and Development dated August 22, 2012, shall become a part of this approval. If the applicant does not agree with all conditions of the City Engineer's memo, the staff recommends denial of the Final PUD plan.) 3. All signs on the property must meet the requirements of the City's Sign Code. 4. The Final PUD packet for PUD No. 109 prepared by Terra Engineering and dated March 13, 2012 shall become a part of this approval. 5. All homes within the PUD shall not exceed 28 ft. in height. 6. The building setback lines are drawn on the Final PUD Packet. The front yard setback aiong Triton Dr. shall be 35 ft. All other front yard setbacks shall be 25 ft. The side yard setback shall be 10 ft. and that setback is not required to increase with the height of the structure (up to a maximum of 28 ft.). The rear yard setback is noted on the Final PUD plan. 7. The final plan for PUD No. 109 is consistent with the Intent and Purpose provision found in Section 11.55: Planned Unit Development, Subd. 1; and other PUD requirements, principle and development standards adhered to by the City. 8. A model home may be constructed prior to completion of the street if it is approved by the Building Official and Director of Inspections. 9. The approval of the PUD is also subject to other state, federal, and local ordinances, regulations, or laws with authority over the PUD. 10. A park dedication fee, as determined by the City Council, shall be paid prior to final plat appraval. 11. Prior to issuance of any building permits for construction within PUD No. 109, the applicant shall submit a final plat to the City for approval and the staff will prepare a PUD permit for City Council approval. 12. Staff should re-evaluate overhead utility connections and on-site stormwater management mitigation. Minutes of the Golden Valley Planning Commission August 27, 2012 Page 14 Findinqs 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 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 preservation) of the land. 4. The PUD Plan results in development 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 pian meets the PUD Intent and Purpose provision and all other PUD ordinance provisions. --Short Recess-- 5. Reports on eetings of the Housing and Redevelopment Authority, City Council, B ard of Zoning Appeals and other Meetings No re rts were gi en. 6. Other s ness No other busine discussed. 7. ourn nt e meeting wa adjourned at :53 pm. Regular Meeting of the City Council March 6, 2012 Page 4 * ' t Consideration - Ordi�ance 81 -Amendin Section 10.84 Providin for A e rocess for Dis ualified A licants The following or ce was MOVE by Sca , ;seconded by Clausen: IN E NO. 481, ZND SERIES AN ORDI E AMENDING THE CITY CODE Amendi ection , . Providing for Appeal Process for isquali pplicants MOVED by S lon, seconded by ausen and motion ied to adopt on First Consider ' n Ordinance #481, 2nd eries. The vote was as ws: USEN - YES FREIBERG - YE HARRIS - YES PENTEL - YES SCANLON - YES Public Hearinq - Preliminarv Desi�n Plan Approval - PUD No. 109 - Eldrid�e 3rd Addition 4900 Triton Drive A.K.A.R.E. Companies LLC, Applicants Allen Barnard reviewed the law regarding quasi-judicial hearings and recommended that Council Members should disclose for the record who they had contact with regarding the proposal before the hearing and indicate generally the substance of the contact and whether the Council Member had an open mind about the proposal and answered questions from the Council. Mayor Harris stated his contact list is not readily available and asked if it cauld be filed at a later date and since the law is still evolving suggested the Council discuss the item at a future Council/Manager meeting. He did state that he did attend a meeting with some of the neighborhood residents near the Triton Drive neighborhood and had conversations with other residents and spoke with people on both sides of the issue. He also stated he did have calls where people requested their names be kept confidential, and stated he has yet to make up his mind on the proposal. Council Member Pentel disclosed for the record that she responded to three emails with a generic response, had one conversation with former Gouncil Member Bob Shaffer and that she has not made a decision on the project. Council Member Freiberg stated he felt confident that the Council had not made up their mind on the issue, stated he is a little uncomfortable with disclosing who he has had contact with as he feels residents assume that any email and/or canversation will remain private, agreed it should be discussed at a Council/Manager meeting and requested staff contact the League of Minnesota Cities to get a legal opinion. Council Member Clausen felt residents may feel intimated in letting the Cauncil know how they feel about proposals and it is important to communicate with residents and stated that Council decisions cannot be made prior to the public hearings on proposals. Regular Meeting of the City Council March 6, 2012 Page 5 Public Hearinq - Preliminarv Desian Plan Approval - PUD No. 109 - Eldrid�ye 3rd Addition - 4900 Triton Drive -A.K.A.R.E. Companies LLC, Apulicants - Continued Council Member Scanlon stated she spoke with Ray Anderson, Lynn Mattson, Bob Shaffer and Linda Loomis, responded ta three emails, two of which were generic and have not responded to any other emails. Mark Grimes, Director of Planning and Development, reviewed the PUD process, presented the staff report and answered questions from the Council. Curt Fretham, l.akewest Development, applicant, reviewed the plan and answered questions from the Council. Peter Knaeble, Terra Engineering, and Rob Eldride, A,K.A.R.E. Companies, answered questions fram the Council. Chuck Segelbaum, Planning Commissioner presented the Commission report and answered questions from the Council. Jeff Oliver, City Engineer, Allen Barnard, Jeannine Clancy, AI Lundstrom, Park Supervisor; and Chantell Knauss answered questions from the Council. The Mayar opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. Matt Stockhaus, 4825 Lowry Terrace, distributed a petition and material and spoke on behalf of the residents who signed the petition; stated they are nat just against the project because they don't like change, they plan on living in the neighborhood long-term; feels the development is in contrast to the comprehensive plan and PUD purpose; wants to protect and respect the traditional neighborhood; feels the new homes will loom over the current homes; would like to see environmentally sustainable green building practices; follow tree preservation and grading ordinance, restore native vegetation, reduce light in the night sky, preserve and protect desirable site characteristics, open space including steep slopes, tress, scenic view, water ways, wetlands, and wildlife. Ray Anderson, 3142 Quail Avenue North, distributed material and showed pietures of developments in St. Louis Park, pointed out the differences in size and contrast to the older homes in the block, feels there is not much cangruity between the new houses being built, there was no consistency between the newer homes being built and the older homes in the area; stated he didn't want what happened in St. Louis park to happen in his neighborhood, and stated he talked to a resident who lived there and the new homes replaced the woods filed with wildlife which he does not see anymore. Regular Meeting of the City Council March 6, 2p12 Page 6 Public Hearinu - Preliminary DesiAn Plan Approval - PUD No. 109 - Eldridqe 3rd Addition 49a0 Triton Drive A.K.A.R.E. Comaanies LLC, Applicants Continued Barbara Gaasedelen, 3026 Perry Avenue North, submitted a petition; stated people moved into a well-established neighbarhood because of the short streets, children can play in the street, minimal tra�c; feels the addition of the cul-de-sac will change the character of the neighborhood; add additional car trips; wants to see the current street architecture maintained; suggested only finro homes be allowed to be built on Triton Drive; would like to see the side and front setbacks maintained; feels additional setbacks in the rear of the property should protect the trees; feels they should build fewer homes with less infrastructure. Dana Zuraff, 4840 Lowry Terrace, expressed concern about safety of children; feels the retention pond will be a breeding ground for mosquitos' and West Nile virus; concern for heavy machinery using the utility easement and causing damage to established trees and landscaping; suggested trenched or French drains be used at the end of the driveways far water run-off or detention barrels underground; wanted to know about the sentiment, cantaminants and pollution in the ponds, asked if the debris from the pond will be removed prior to residents moving inta the homes; concerned about how much water is in the pond and about children drowning in the pond, Timothy Shallbetter, 9141 Xylite, Blaine, stated he is the former owner of 4900 Triton Drive, suggested the Council walk the property; stated that when he lived their he never saw neighbors as there are very high hedges; stated he had to chase the kids from fhe woods because they would build attractive nuisances; suggested the parents keep watch on their children; stated he is not for or against the project; stated it is one of the original farm houses in the City; thinks the PUD is a good plan; stated a lot of the trees will be remaining on the lot; stated he has no stake in the property. Mary Fantana, 4845 33rd Avenue North, had questions regarding the tree preservation plan, what happens after the project is complete; asked how the trees will be taken care of during the construction process; what happens to the remaining trees and what the best management process is; feels the root zone around the trees should be bigger, stated some of the best trees on the property will be removed; stated some of the trees on the survey were mismarked; asked about tree after care and who monitors the trees after the prnject is completed. Jack Terrio, 3139 Orchard Avenue North, expressed concern that people have not looked at the property and not aware of the steep layout of the land; had questians about sewer lines to the home; how will they work and where they will be located; grading of the site and location of power lines, had questions regarding wells and septic tanks on the site. Regular Meeting of the City Council March 6, 2012 Page 7 Public Hearinq - Preliminarv Desi�tn Plan Approvai - PUD No 109 - Eldridae 3rd Addition -4900 Triton Drive -A.K.A.R E Comaanies LLC, Apuficants -Continued Bob Hagen, 4815 Culver Road, feels aesthetics are part of the price af a home and the fabric of the neighborhood; doesn't want to see fifteen garage doors stacked up against each other; doesn't want to see nothing but paving, feels there should be a conservation easement for the wooded area of the lots, suggested that only four of fewer homes be built on the site. Mike Ernst, 4845 Lowry Terrace, expressed concern over the safety of the kids in the neighborhood, stated his five year old doesn't understand property lines; feels there should be a bio filtration system for the water issues, opposed to a fence around the pond as it would be a trapping hazard, wanted to know if a neighborhood meeting was held who would conduct the meeting, doesn't feel it would be productive as all the concerns have been expressed at the public hearing. Fred Reiter, 3146 Quail Avenue North, wanted to know how long the developer has been meeting with the city, feels the decision should be postponed for eight week in order to give the neighborhood more time to review the proposal; feels the neighborhood doesn't have all the fact about the site, wanted to know if it is in a wetland, asked if a rain garden is feasible; stated the site has had water issues; stated he realizes the developer has rights but want the neighborhood and the developer to come to an agreement; expressed concern for the trees on the perimeter, amount of pervious surface; asked if other water plans were considered; suggested a conservation easement, asked if a non-profit could take over the easement. Bob Gu)lick, 3Q00 Perry Avenue North, asked if there was a campromise, could 2, 3 or 4 homes be built, would like a discussion with the neighborhood on the number of homes. Bob Shaffer, 3125 Quail Avenue North, stated he feels this is a fairly decent development; feels the developer has tried to do what is best for the site; does think the woods are an amenity but it is someone else's land and they should have to right to do what they want on their own property just as he has the right to do what he wants on his property; suggested taking a look at the area long-term like 25-50 years; stated some of the area was built in the 1950's and at one time the area was farm land, stated that in the past some of the homes built then were also considered an imposition to the someone in the past; stated if the lots get bigger the homes on the lot's will be bigger and they may seem out of character in the neighborhood, the small the lot the smaller the home being built. The Mayor closed the public hearing. Regular Meeting of the City Council March 6, 2012 Page $ Public Hearinq - Preliminarv Desian Plan Approval - PUD No. 109 - Eldrid�e 3rd Addition 4900 Triton Drive A.K.A.R.E. Companies LLC�Auplicants Continued MOVED by Scanlon, seconded by Clausen and motion carried unanimously to approve the preliminary PUD plan for Eldridge 3rd Addition PUD No. 109, subject to the following conditions: 1. The recommendations and requirements outlined in the memo fram Deputy Fire Marshal Ed Anderson to Mark Grimes, Director of Planning and Development dated December 28, 2011, shall become part of this approval. 2. The recommendations and requirements outlined in the memo from City Engineer Jeff Oliver, PE, to Mark Grimes, Director of Planning and Development, dated February 8, 2012, shall become a part of this approval. 3. All signs on the property must meet the requirements of the City's Sign Code. 4. The Preliminary PUD Design Plan packet for Eldridge 3rd Addition PUD No. 109 prepared forA.K.A.R,E. Companies LLC by Terra Engineering, Inc., Sheets 1-10 shall become a part of this approval subject to amendments required by the City Engineer as noted in his memo to Mark Grimes dated February 8, 2012. 5. The five lots within the development shall be subject to the setbacks shown on Sheet No. 4. No house shall be higher than 28 feet as stipulated in the zoning code. However, the side setback noted on the plan shall not increase with the increase of house height. 6. The Planning Commission finds that Eldridge 3rd Addition PUD Na. 109 is consistent with the Intent and Purpose provision found in Section 11.55: Planned Unit � Development, Subd, 1; and other PUD requirement and principles and development standards adhered to by th� City. 7. If the developer would like to construct a model home and have public access to it prior to completion of the street, it must be done in a manner approved by the Building Official and Director of Inspections, 8. This approval is subject to all other state, federal, and local ordinances, regulations, or laws with authority over this development. 9. Direct staff to work with the developer to reduce the size of the rear housing envelope. 10.A neighborhoad meeting with the residents, developer and staff will be held prior to Planning Commission consideration of final plan approval. In addition the Council makes the following findings pursuant to City Code Section 11.55, Subd. 5(E)(1): 1. Quality Site Planning. The PUD plan is tailored to the specific characteristics of the site and achieves a higher quality of site planning and design than generally expected under conventional provisions of the ordinance. 2. Preservation, The PUD plan preserves and protects substantial desirable portions of the site's characteristics, open space and sensitive environmental features including steep slopes, trees, scenic views, creeks, wetlands and open waters. 3. Efficient - Effective. The PUD plan includes efficient and effective use (which includes preservation) of the land. Regular Meeting of the City Council March 6, 2012 Page 9 Public Hearinq - PreliminarYDesiqn Plan Approval - PUD No. 1Q9 - Eldrid�e 3rd Addition 4900 Triton Drive -A.K.A.R.E. Companies LLC, Applicants Continued 4. Compatibility. The PUD Plan results in development compatible with adjacent uses and is consistent with the Comprehensive Plan and redevelopment plans and goals. 5. General Health. The PUD plan is consistent with preserving and improving the general health, safety and general welfare of the people of the City. 6, Meets Requirements. 7he PUD p�an meets the PUD Intent and Purpose provision and all other PUD ordinance provisions. etter to Minnea olis Park Board R ardin Natural Area and Stormwater na ement in Theodore Wirth Par May Harris introduced the agenda it m. Rich Bak Chair, Environmental Co mission, presented the Co ission report and answered q stions from the CaunciL MOVED by Scanl , seconded by Frei ,erg and motion c ied unanimously to authorize the Mayor to sign th �� tter regarding ,irth Park storm eanup to the Minneapolis Park and Recreation Board. Reinstatement of the De u� Re istr r ��-- ,==='""" Mayor Harris introduced the agen . it � d answec�d°questions from the Council. ..�===--" Chantell Knauss and Allen 6arnar.. ,a ` �er questions from the Council. MOVED b �rg, seconded Sc nion� d motion carried unanimously to receive and fil raft bill, as amended, d "pre�liminary , efore recammendations in (2), pe►taining o the reinstatement of the ' 's depu�y registrar ffice. Announcements of M tin s Some Council Mem, ers may attend t �e Golden Valley His ical Society Meeting on March $, 2012 �t 7 pm a he Golden Valley istorical Society. The City Cou il will conduct board/c mmission interviews on Ma h 13, 2012 beginning at 6 pm. A Spec' Housing and Redevelopme t Authority Meeting will be held on arch 13, 2012 at 6:3 pm. T next Council/Manager meeting wil be held on March 13, 2012 at after the Special ousing and Redevelopment Authority eeting. C'2�� ��� '��`�� � - � ������� . ��� � � � � � • � , ��� Planning Department 763-593-8U95/763-593-8109(fax) Date: August 22, 2012 To: Planning Commission From: Mark Grimes, City Planner Subject: Informal Public Hearing- Final Planned Unit Development (PUD) Plan — PUD No. 109—Lakewest Development Co. LLC, Applicant Agenda Item Informal Public Hearing—Final Plan Approval—Planned Unit Development (PUD) No. 109—Eldridge 3rd Addition-4900 Triton Drive-Lakewest Development Co. LLC (formally A.K.A.R.E. Companies LLC), Applicant Summary At the March 6, 2012 City Council meeting, the City Council unanimously approved the Preliminary PUD Plan for Eldridge 3�d Addition PUD No. 109 subject to ten conditions. Since the approval of the Preliminary Plan in March, Lakewest Development has prepared and submitted the Final PUD plans for the development. City Code requires that the Final PUD plans be submitted within 180 days of Preliminary PUD approval. (The final pians were submitted within the 180 day period which ends on September 8, 2012.) Attached is a copy of the City Council minutes covering the preliminary plan approval for PUD No. 109. The ten conditions of approval for the PUD are listed in the minutes. The City staff has met with the developer regarding the Final PUD plan submittals to ensure that they will be consistent with the Preliminary PUD plan that was unanimously approved by the City Council. The final plans submitted by the developer are consistent with the ten conditions. The Planning staff has these comments on the ten conditions: 1. The recommendations and requirements from the Depu#y Fire Marshal Ed Anderson remain as stated in his memo to Planning Director Mark Grimes dated December 28, 2011. 2. City Engineer Jeff Oliver, PE, has a revised memo related to the Final PUD Plan. This memo is written to Planning Director Mark Grimes and dated August 22, 2012. This memo outlines the City requirements related to engineering and public works. The requirements outlined in his memo will become a part of the PUD permit for the development. I would like to highlight one item in Mr. Oliver's memo. He states that the City will require that the power poles along the north property line must be moved so that power lines do not cross the storm water pond and are of a certain height. The City has maintenance responsibility for the storm water pond. The City does not want to maintain a pond with electric power lines running overhead. The City believes this is a hazard to those maintaining the pond. The cost of the relocation of the poles is to be paid by the developer. The City Engineer originally suggested that the power lines be buried. However, this was a more costly alternative for the developer and there would have been some costs to the neighbors that get power from those lines.The City Engineer is satisfied that relocating the poles is safe but a less expensive alternative to burying. 3. As required in all developments, the developer must follow the City's Sign Code. There are no variances from the requirements of the Sign Code. 4. The Preliminary Plan packet for PUD No. 109 dated 2/8/12 has been replaced by the Final PUD Plan packet dated 3/13/12. It has been prepared by Terra Engineering. These plans are consistent with the Preliminary Plan with one exception. Prior to submittal to the City Council for final plan approval,the final plans must be amended to indicate the power poles have been relocated in a manner acceptable to the City Engineer. In other words, the poles must be out of the storm water pond. 5. The plans indicate that the front yard setback for the houses is 25 ft. along the cul-de-sac and 35 ft. from Triton Dr. The side yard setback is 10 ft. and the side setback will not be increased with the height of the house. The maximum height of a house is 28 ft. These conditions were part of the preliminary plan approval. 6. The Planning Commission found that the preliminary plan for PUD No. 109 was consistent with the Intent and Purpose provision found in Section 11.55, Subd.1 of City Code; and that the PUD is consistent with other PUD requirements, principles and development standards adhered to by the City. The Final Plans are also consistent with the Purpose and Intent provision of the PUD section of the zoning code and the final plans also adhere to other PUD requirements, principles and development standards adhered to by the City. 7. If the developer would like to build a model home prior to completion of the street, it must get permission from the Building Official and the Director of Inspections. 8. This development is also subject to all other state, federal, and local ordinances, regulations or laws with authority over this development. For example, this development will be subject to a park dedication fee as required by the City's Subdivision Code. This will be paid prior to final plat approval. 9. The developer has reduced the building envelope by increasing the rear setback for Lots 3, 4, and 5, Block 1. These lots will have significantly larger setbacks than normally required by the zoning code for single family homes. These setback limits are defined on the Final PUD plans and will be made a part of the PUD permit. By increasing the rear setback, the new homes will be well over 100 ft. from the existing homes on Lowry and Quail. 10. The developer did have a neighborhood meeting on April 2, 2012. The meeting was held at City Hall and was attended by neighbors, staff and the developer. The meeting was facilitated by a mediator from Community Mediations Services. About 20 neighbors attended. The purpose of the meeting was to allow the neighbors to meet with the developer and outline their concerns about the development. Areas of concern raised by the neighbors included the safety of the pond, tree preservation and the price of the proposed homes. The developer said he would take the comments into consideration when developing the site. As part of the approval of this PUD, the City Council will also have to approve a new final plat for the property which has PUD No. 109 in the title and outlines the new property lines and easements. Also, the City staff will be draft a PUD Permit that is signed by the Mayor, City Manager and developer that outlines all obligations on the development of the PUD. Each of the lots within the PUD will be subject to the PUD permit. Recommended Action Motion ta approve the final PUD Plan for Eldridge 3�d Addition PUD No. 109 with the following conditions: 1. The recommendations and requirements outlined in the memo from Deputy Fire Marshal Ed Anderson to Mark Grimes, Director of Planning and Development dated December 28, 2011, shall become a part of this approvaL 2. The recommendation and requirements outlined in the memo from City Engineer Jeff Oliver, PE, and Engineer Eric Seaburg,to Mark Grimes, Director of Planning and Development dated August 22, 2012, shall become a part of this approval. If the applicant does not agree with all conditions of the City Engineer's memo, the staff recommends denial of the Final PUD plan.) 3. All signs on the property must meet the requirements of the City's Sign Code. 4. The Final PUD packet for PUD No. 109 prepared by Terra Engineering and dated March 13, 2012 shall become a part of this approvai. 5. All homes within the PUD shall not exceed 28 ft. in height. 6. The building setback lines are drawn on the Final PUD Packet. The front yard setback along Triton Dr. shall be 35 ft. All other front yard setbacks shall be 25 ft. The side yard setback shall be 10 ft. and that setback is not required to increase with the height of the structure (up to a maximum of 28 ft.). The rear yard setback is noted on the final PUD p►an. 7. The final plan for PUD No. 109 is consistent with the Intent and Purpose provision found in Section 11.55: Planned Unit Development, Subd. 1; and other PUD requirements, principle and development standards adhered to by the City. 8. A model home may be constructed prior to completion of the street if it is approved by the Building Official and Director of Inspections. 9. The approval of the PUD is also subject to other state, federal, and local ordinances, regulations, or laws with authority over the PUD. 10. A park dedication fee, as determined by the City Council, shall be paid prior to final plat approval. 11. Prior to issuance of any building permits for construction within PUD No. 109,the applicant shall submit a final plat to the City for approval and the staff will prepare a PUD permit for City Council approvaL Attachments Location Map (1 page) City Council Minutes dated March 6, 2012 (6 pages) Project Narrative from dated March 13, 2012 from Peter Knaeble, Terra Engineering (5 pages) Memo from City Engineer Jeff Oliver, PE, and Engineer Eric Seaburg dated August 22, 2012 (5 pagesj Memo from Deputy Fire Marshal Ed Anderson dated December 28, 2011 (1 page) Final PUD Plans prepared for PUD No. 109 by Terra Engineering dated March 13, 2012 (9 pages) d����� ��� ���� �m, � �� ,� �� ��,. ��� Public Warks Department 763-593-8030/763-593-3988(fax} Date: August 22, 2012 To: Mark Grimes, Director of Planning and Development From: Jeff Oliver, PE, City Engineer Eric Seaburg, Engineer Subject: Final PUD Plan Review for Eldridge 3`d Addition PUD #109 Preliminary plans for a Planned Unit Development (PUD), to be named Eldridge 3rd Addition, have been submitted for review by A. KARE Companies. The proposed PUD is located north of Triton Drive, west of Orchard Avenue, south of Lowry Terrace, and east of Quail Avenue. The developer will be required to enter into a PUD permit and Development Agreement with the City for this PUD. This Development Agreement will outline the developer's responsibilities for improvements, securities, escrows, and costs associated with the development, and will be part of final PUD approval. Site Plan and Final Plat: The property included within the proposed PUD was originally platted as Woodlawn Park in 1947. The original plat included 30-foot wide street right-of-way for Lowry Terrace across the northern boundary. This right-of-way was subsequently vacated by the City and incorporated into the lots within Woodlawn. The vacation of the right-of-way did not include the dedication of drainage and utility easements over the vacated right-of-way. The Woodlawn Park plat included a platted drainage and utility easement centered on the north line of Lots 6 and 7. The developer must vacate this easement and all other previously platted easements in favor of the City as part of the development. These vacations are to occur at the time of final plat approval. The proposed final plat includes drainage and utility easements that are consistent with the Subdivision Ordinance requirements. G:1Developments-Private\Eldridge 3rd Add PUD 109\FinaIPUDReview 082212.docx The site plan and preliminary plat submitted are consistent with the preliminary PUD approved by City Council. Due to cost implications for property owners to the north of the development associated with burial of the overhead power lines on the north end of the property, the City will require that the existing overhead power be relocated overhead-to-overhead, such that they are not directly above the proposed pond. Therefore,the property owners to the north of the development will not be forced to pay for the burial of their power services. In addition, decorative street lighting will be required for the development at the intersection of Perry Avenue and Triton Drive, as well as on the north end of the Perry Avenue cul-de-sac. The City will coordinate with Xcel Energy to have the street lights installed. All associated costs will be the developer's responsibility and will be included in the Development Agreement. Each of the lots within the PUD will be placed within a street lighting district and will have a quarterly street lighting fee on its utility bill to cover the long-term costs of the lighting. The proposed street within the PUD will be a City roadway following development. The street and the sanitary sewer, watermain and storm sewer improvements will be constructed by the developer, including responsibility for all construction and indirect costs for the improvements. The improvement plans must be prepared according to City standards and must be approved by the City Engineer, prior to the start of construction. The details relating to the public improvements will be determined as part of the final PUD and included in the Development Agreement. The preliminary plat includes an outlot on the east side of the street right-of-way, immediately adjacent to the existing home at 4824 Triton Drive. This outlot will be owned by the developer with the intent of incorporating the outlot into a potential redevelopment of 4824 Triton in the future. The developer has proposed that the future property owner of Lot 5 will be responsible for maintenance of the outlot, including the proposed retaining wall, via a Maintenance Agreement that will be executed as part of the purchase of Lot 5. A copy of the executed Maintenance Agreement must be provided to the Public Works Department prior to approval of the final plat by the City Council. Triton Drive, adjacent to this development, was reconstructed as part of the 1998 Pavement Management Program (PMP). A preferred special assessment of$2,000.00 was levied against the property. This deferred assessment must be paid at the time of final platting. Gradin� Plan: The proposed PUD is within the Main Stem sub-watershed of the Bassett Creek Watershed; therefore, it is subject to review and comment by the Bassett Creek Watershed Management Commission (BCWMC). The BCWMC's Requirements for Improvements and Development Proposals outlines that this development must provide nutrient and sediment removal for the stormwater runoff from this site. The required water quality treatment will be provided with G:\Developments-Private\Eldridge 3rd Add PUD 109\FinaIPUDReview_082212.docx 2 ponding which is located in the lowest portion of the property, in the northwest corner of the site. Based upon the information provided by the developer's engineer, the ponding is appropriately sized to meet the BCWMC requirements for water quality and rate control. It has been the City's experience that stormwater ponds constructed within residential developments experience significant sediment deposition during home construction. Because the City will be responsible for maintenance of the pond, including future dredging to maintain the water quality volume,the developer will be required to dredge the pond to its designed wet volume following home construction and prior to the pond being accepted by the City. Details regarding this requirement will be finalized as part of the final PUD and Development Agreement. The proposed stormwater pond must include a 10-foot wide vegetated buffer strip above the normal water level. This buffer strip should extend to the northern property line. Also as discussed within the February 9, 2012 Public Works review, the final grading plan must include an emergency overflow swale between Lots 4 and 5. The emergency overflow elevation must be no more than one-half(0.5 feet) foot above the top of curb at the catch basin, and must be labeled on the grading plan. No obstructions, including landscaping, wil! be permitted within this emergency overflow. In the preliminary PUD review by Public Works, the site's environmental characteristics and potential for homeowner flexibility in home design were discussed. Staff had recommended grading only the areas needed for installation of public improvements. Individual lots could then be custom-graded at the time of building construction. Following the Public Works review, the developer agreed to these terms; however, the Grading Plan submitted for final PUD review does not clearly indicate this. The grading plan included in the final PUD must be modified to show the extent of the public improvement grading limits, in addition to the overall site grading timits. The development of this site is subject to the City's Stormwater Management Ordinance. A permit will be required for the initial site grading related to the public improvements, while individual permits will be required #or the grading of each lot. The grading plan for the final PUD submittal must be prepared in accordance with City standards and include the location of all temporary and permanent erosion and sediment control measures. The City-approved final grading plan must be submitted to the BCWMC for review and approval. Utilitv Plan: Sanitary sewer and water service to the proposed PUD will be provided via extension of existing facilities in Triton Drive. There is adequate capacity in the existing system to accommodate the anticipated demand from the PUD. G:\Developments-Private\Eldridge 3rd Add PUD 109�FinaIPUDReview_082212.docx 3 The proposed sanitary sewer and water system will be owned and maintained by the City following construction. As discussed earlier in this review, the installation of utilities to serve this site will be constructed by the developer to City standards and specifications. The existing sanitary sewer and water services to the home currently on site will be removed as part of the public improvements for the PUD. The developer will also be required to install a sanitary sewer and water service to accommodate potential future development of the property at 4824 Triton Drive. The location of these services on the Preliminary Utility Plan are acceptable as shown. As discussed within the February 9, 2012 Public Works review of the proposed PUD, staff had determined that the proposed storm sewer must be extended southward to collect runoff from Triton Drive at the new intersection. This storm sewer extension is not shown on the final PUD plans and must be included before approval of the final plat. Also, a subgrade drainage system conforming to City standards must be included in the final PUD Utility Plan. A stub must be extended from the subgrade drainage system to each of the proposed properties, including 4824 Triton. The final PUD plans submitted for review must be revised before approval of this final p1at. Tree Preservation: This PUD will be subject to the City of Golden Valley Tree Preservation Ordinance. As part of the permitting requirements, the developer has inventoried all of the trees on site. The inventory and plan, which has been reviewed by City Forestry staff, includes a total of 65 significant and specimen trees. Based upon the final plans submitted for review, and the grading of the site as previously discussed, a total of 28 (43.1%) of the significant and specimen trees on site will be removed and 37 (57.9%) of the trees will be preserved. However, of the 28 trees to be removed, the developer has identified 8 trees that have the potential to be saved due to custom grading. The two-phase grading approach will include a requirement for a Tree Preservation permit at the time of site grading for utility and street construction. Separate Tree Preservation permits will be required for each lot at the time of home construction. Summarv and Recommendations: Based upon a review of the materials submitted by the developer and appropriate City ordinances and standards, Public Works staff recommends approval of the final design plan for Eldridge 3rd Addition, PUD #109, subject to the following comments and conditions: 1. All existing platted easements from the Woodlawn Park plat within the boundaries of the PUD be vacated prior to approval of the final plat. 2. A PUD Permit and Development Agreement be included as part of the final PUD approval. This agreement will outline the utility and street construction and associated cost G:\Developments-Private\Eldridge 3rd Add PUD 109\FinaIPUDReview_082212.docx 4 responsibilities, as well as other requirements placed upon the developer as part of the PUD permit. 3. The $2,000.00 deferred special assessment for the 1998 PMP must be paid prior to approval of the final plat. 4. A Maintenance Agreement must be recorded against Lot 5 that outlines the future homeowner's responsibility to maintain the turf and retaining wall within the outlot on the eastern subdivision boundary. A copy of this executed agreement must be provided to the Public Works Department prior to approval of the final plat. 5. The developer will be required to dredge the stormwater pond to its designed contours following home construction and prior to final acceptance of the pond by the City. 6. The final grading plan must be prepared in accordance with City standards and specifications and must include an emergency overflow swale on the 1ot iine between Lots 4 and 5, as discussed within this review. 7. The site grading for the public improvements must be clearly defined within the grading plan. 8. The developer must place the existing overhead utilities relocated overhead-to-overhead near the north subdivision boundary, as discussed within this review. 9. Subject to the review and comments of the Bassett Creek Watershed Management Commission. 10. Subject to the review and comments of the City Attorney, City Planner, Chief of Fire and lnspections and other City staff. Please call me if you have any questions regarding this matter. C: Jeannine Clancy, Director of Public Works Mark Kuhnly, Chief of Fire and Inspections Eric Eckman, Public Works Specialist AI Lundstrom, Parks Maintenance Supervisor and City Forester Joe Hogeboom, City Plann�r Gary Johnson, Building Official Ed Anderson, Deputy Fire Marshall G:\Developments-Private\Eldridge 3rd Add PUD 109\FinaIPUDReview_082212.docx 5 Y f £ ;' �A� � ���� . . F ' � - � ' �er�or°�r�du� � r� � # } � �, d � �f r � •� �,;,�F . � F � � � ����� �. Fire Department �� �� ��� ��_�- �` 763-593-8065/763-593-8098 (fax) � �.. To: Mark Grimes, Director of Planning and Zoning From: Ed Anderson, Deputy Fire Marshal Subject: PUD Amendment Application • Date: December 28, 2011 I have reviewed the PUD Amendment Application packet for PUD 109 Fretham 13th addition located at 4900 Triton Avenue North. Listed below are the fire department comments for this proposed development. 1. The fire department access road to the proposed development shall be designed, constructed and maintained to support the imposed weight of the fire apparatus and shall be of an approved hard surface so as to provide all weather capabilities for the access road. 2. The approved surface for the fire department access road shall be installed prior to the issuing o#the building permit for the construction of the proposed single family dwellings. 3. The fire department access road shall be wide enough to accommodate the fire apparatus and equipment. 4. The proposed fire hydrant indicated on the preliminary design plan shall be installed in accordance with city regulation and standards. The fire hydrant shall not be obstructed by any posts, fences, vehicles, trash storage, landscaping materials or objects, including electrical or cable transfer boxes or cabinets #hat would deter or hinder the fire department from gaining immediate access to the fire hydrant. 5. The address numbers for the proposed single family dweiling shall be installed in accordance with city of Golden Valley ordinance. If you have any questions, please contact me at 763-593-8065, or e-mail eanderson(�ayqoldenvalle rlmn;qov. Terr a fngineering,lnc. Civil Engineering Land Planning•Consufting March 13, 2012 Mark Grimes Director of Planning City of Golden Valley 7800 Golden Valley Rd. Golden Valley, MN 55427 Re: PUD FINAL PUD PLAN PROJECT NARRATIVE Eldridge 3rd Addition PUD 4900 Triton Drive, Golden Valley, MN TE#11-110 Dear Mark: On Feb. 7, 2012 the Planning Commission reviewed and approved our Preliminary PUD Design Plan. On March 6, 2012, the City Council a}so reviewed and approved our Preliminary PUD Design Plan. Based on input from City staff, neighbors, the Planning Commission, and the City Council, we have prepared our Final PUD Plan of Development (Sheets 1-9, dated 3/l3/12) and this Project Narrative for your review and approval. EXISTING CONDITIONS: The site is located at 4900 Triton Drive in the northeast area of Golden Valiey. The site currently has one older home (built in 1947) on the property that is proposed to be removed. The existing home has numerous structural and mechanical deficiencies, and was deemed not worth saving. The site is 2.204 acres and has the existing home and lawn area on the front side (south); and is sloped and wooded on the rear side (north). The property is currently zoned R-1 Single Family Residential and is surrounded by existing homes and property that are also zoned R-1 Single Family Residential. The existing home is currently connected to City sewer and water, and fronts on Triton Drive that has existing public sanitary sewer and watermains. Per City requirements, we have had a tree sur��ey prepared and located all "significant" and "specimen"trees on the property. As noted, the majority of the existing trees are on the north portion of the property. 6001 Glenwood Avenue, Minneapolis, Minnesota 55422 763-593-9325 Terra Engineering,lnc. Civil Engineering Land Pianning•Consultlng The site is relatively level on the south part of the property. The north portion of the site slopes northward to a small depression along the north property 1ine. We have hired a wetland consultant to review the site and he has determined that there are no wetlands on the property. This was confirmed by the City's wetland consultant. PROPOSED PROJECT: As shown in the plans, this site could accommodate a traditional six lot conforming plat. This conforming plat would meet all City zoning and subdivision requirements, including lot size, setbacks and lot widths. But this six lot conforming plat would also require grading over 93% of the site and removing over 90% of the existing trees. The conforming plat would also have a relatively high imperious coverage of over 31%. Given the intense grading requirements, we are proposing a less dense, compact development for only five single family lots. Our development proposal is to subdivide the property into five single family lots that would be served by a new public cul-de-sac. All five lots would exceed the R-1 Residential Zoning standards for lot size (minimum 10,000 s�. All lots would be large enough to accommodate moderately sized one level and two story detached single family homes. This project would be less dense, yet more compact, than the traditional conforming plat. As shown in the plans, this PUD would require a smaller front setback (25' vs. 35' standard); and smaller internal side setbacks (10' vs. 12.5' standard). The PUD would also require a smaller lot width as measured at the front setbacl< line (40' vs. 80'). These are the only changes for our PUD from a traditional conforming residential plat. But these few changes allow a significantly more compact and less dense development. There are major grading and tree removal advantages for our PUD plan vs. the six lot conforming plat. The proposed PUD plan would require approximately 1.16 acres of site grading and the conforming plat would require 2.07 acres of site grading (a 44% reduction of graded area). Our proposed PUD project would also require 28 of the site's trees to be removed and the conforming plat would require approximately 55 trees to be removed (a 49% reduction in tree removal). We are proposing five custom designed and built homes for this project. Each home will have three to five bedrooms, and will have either a two or three car attached garage. The final home price will depend on the home's size, amenities and design. 6001 Glenwood Avenue, Minneapolis, Minnesota 55422 763-593-9325 Terra En�neering,inc. Civil Engineering Land Planning�Consulting PUD PURPOSE AND INTENT: The City of Golden Valley's PUD Ordinance lists eleven typical project standards to help � identify the intent and purpose of a p1-oposed planned unit development. The following section will address each of these eleven design standards as they relate to this proposed single family residential development. 1. Encourage, preserve and improve the health, safety and general welfare of the people of the City by encouraging the use of contemporary land planning principles. Today's land planning design standards encourage the use of more compact developments that decrease the project footprint on a site and save more natural areas of the property. This proposed development is designed to accommodate five new single family homes on typical City sized lots but does so on a smaller portion of the total property. 2. Achieve a high quality of site planning, design, landscaping, and building materials which are compatible with the existing and planned land uses. This project will be a high quality development. The public amenities (streets and � uYilities) will all be designed to City standards and will be publicly owned and maintained. The houses will all be custom designed ai�d built with quality materials to exceed today's new energy efficient standards. 3. Encourage preservation and protection of desirable site characteristics and open space, and protection of sensitive environmental features including steep slopes, trees, scenic views, water ways, wetlands and lakes. Our proposed development is designed to preserve as many of the existing significant and specimen trees on the site as possible. Compared to a standard residential developrnent, this project will save approximately 27 more significant and specimen trees. 4. Encourage construction of affordable housing and a variety of housing types. Since the homes in this pl-oject will be custom designed, they will be able to accommodate a variety of potential single family housing types. From one level homes for empty nesters, to two story houses for growing families, there is the ability to meet the needs of a variety of new home customers. 6001 Glenwood Avenue, Minneapolis, Minnesota 55422 763-593-9325 Terra � Engineering,lnc. Civil Engineering Land Planning•Consufting 5. Encourage creativity and flexibility in land development. Again, due to the compact ilature of this proposed development, we can achieve the flexibility to save important site amenities such as the significant and specimen trees on this property. 6. Encourage efficient and effective use of land, opei� space, streets, utilities and other public facilities. Compared to the alternate conventional six lot development that could be accommodated on this site, our project is a much more effective and efficient use of the land. We will save many more of the existing trees, and have shorter public streets and utility lines. This more compact development will be less expensive for the City to maintain during the life of the public improvements. 7. Allow mixing land uses and assembly and development of land to form larger parcels. This project did not require the assembly of land to fornl into a larger development parcel. The 2.20 acre site is ]arge enough to accommodate our proposed five lot development. 8. Encourage development in transitional areas which achieve compatibility with all adjacent and nearby land uses. The project site is surrounded by existing single family homes with R-1 Single Family Residential Zoning. Since this proposed development is also a single family project, it is compatible with all of the adjacent and nearby land uses. 9. Achieve development consistent with the Comprehensive Plan. The City of Golden Valley's Comprehensive Plan calls for this neighborhood to remain single family zoned with detached single family homes. Our proposed development is consistent with the Comprehensive Plan's requirement for single family homes on this property. 10. Achieve development consistent with the City's redevelopment plans and goals. The City's current redevelopment plans and goals emphasize the need for compatibility with existing neighborhoods, and also the need for a variety of residential housing types and styles. This project will be consistent��ith the existing surrounding single family residential neighborhood but will offer the opportunity for five families to build new homes that suits their particular requirements. 6001 Glenwood Avenue, Minneapolis, Minnesota 55422 763-593-9325 Terra En�neering,inc. Civif Engineering Land Planning•Consutting 11. Encourage development that is sustainable and has a high degree of energy ef�ciency. All of the five new homes in this development will be designed to meet or exceed the current State home bttilding energy standards. The homes will be energy efficient, and depending on the homeowners needs, may be built with a wide variety of energy and cost saving systems. The compact nature of the development will also mean more efficient private yard, and public street and utility maintenance. Based on the above information, we believe that this project will be an asset to not only the immediate neighborhood, but also to the entire City of Golden Valley. It will provide the opportunity for five new families to call Golden Valley their home. We respectfully request review and approval of this single family residential PUD development by the City staff, Planning Commission and City Council. If you have any questions, please call me at 763-593-9325, or email me at PeterKnaeble@gmail.com. Sincerely, �E��JL �, /�yG��%l:C�-G� Peter J. Knaeble, PE Terra Engineering, Inc. CC: Curt Fretham, Lakewest Development Co. LLC Rob Eldridge, Ridge Creek Custom Homes 6001 Glenwood Avenue, Minneapolis, Minnesota 55422 763-593-9325 cizo ais s9t:xed szas sss ss� ��,� rie+� '� '�+ z� z� r �� . 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N ��� � �' <_ ��.Z � W8 rmi 1� 4+ '� O�� %i�, �� ���� � y� �'°� � 2� NZ<U W�< W�j< p C ` y� rOW�Z apLLFZ� � ��J \ � < ~�W 2 � , g��� j�� 4Ti ��� Wc'a rc w � W�"�g � � �- �� �Z������ c� �/I a$ � N � � � € �� �`�o���� � J �� pt z r�S'� � > tS � B z �� . �� �}5j��i�°y� � � o Wm�> So� $ qW Y �}� NN=W \00 $� � �rc �4i`m 3 � ����25 cr5j< � �' � p,g \7 �� s g� 3� ��Q���3� �.�.�.{ �,�g�� crS�Z`�f� m �°c < a< �� rc�X >�°<� � � �� r �w z � ?6 �� ���� �� ���UJ�J� �� ,��,�4� ���Qm ��N��< \ I� N��� �� 2W�m� �2 ,p34?' 0����� mY<�� ���a�S�ag ZZ � �{>>rc� X ��y� �� �� « 5�4�<o io� Z � � �S M �� � a�is��i< �>��g� ¢ aS�mm� ���. ��� �(H 171�N ORDINANCE NO. 488, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Approval of Final Plan of Development Eldridge 3rd Addition, P.U.D. No. 109 A.K.A.R.E. Companies, LLC, Applicants The City Council for the City of Golden Valley hereby ordains as follows: Section 1. City Code Chapter 11 entitled "Land Use Regulations (Zoning}" is amended in Section 11.10, Subd. 2, and Section 11.21, by approving the Final Plan of Development for Planned Unit Development (P.U.D.) 109, thereby allowing the applicant to divide one single family residential lot into five single family residential lots. This PUD is subject to all of the terms of the permit to be issued including, but not limited to the following specific conditions: 1. The recommendations and requirements outlined in the memo from Deputy Fire Marshal Ed Anderson to Mark Grimes, Director of Planning and Development dated Qecember 28, 2011, shall become a part of this approval. 2. The recammendation and requirements outlined in the memo from City Engineer Jeff Oliver, PE, and Engineer Eric Seaburg, to Mark Grimes, Director of Planning and Development dated August 22, 2012, shall become a part of this approval. If the applicant does not agree with all conditions of the City Engineer's memo, the staff recommends denial of the Final PUD plan.) 3. The Plat name shall include "PUD No. 109" in its title. 4. All signs on the property must meet the requirements of the City's Sign Code. 5. The Final PUD packet for PUD No. 109 prepared by Terra Engineering and dated March 13, 2012 (with a revision date of August 23, 2012) shall become a part of this approval. 6. All homes within the PUD shall not exceed 28 feet in height. 7. The building setback lines are drawn on the Final PUD Packet. The front yard setback along Triton Drive shall be 35 feet. All other front yard setbacks shall be 25 feet. The side yard setback shall be 10 feet and that setback is not required to increase with the height of the structure (up to a maximum of 28 feet). The rear yard setback is noted on the final PUD plan. 8. A model home may be constructed prior to completion of the street if it is approved by the Building Official and Director of Inspections. 9. The approval of the PUD is also subject to other state, federal, and local ordinances, regulations, or laws with authority over the PUD. 10.A park dedication fee in the amount of$2,800 shall be paid prior to final plat approval. 11.Prior to issuance of any building permits for construction within PUD No. 109, the applicant shall submit a final plat to the City for approval and the staff will prepare a PUD permit for City Council approval. In addition the Council makes the following findings pursuant to City Code Section 11.55, Subd. 6(Q): 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 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 preservation) of the land. 4. The PUD Plan results in development 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 Purpase provision and all other PUD ordinance provisions. Section 2. The tract of land affected by this ardinance is legally described as follows: Lots 6, 7, 14, 15, 16 and 17, Block 8, Woodlawn Park Section 3. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Sec. 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 4. This ordinance shall take effect from and after its passage and publication as required by law. Adopted by the City Council this 19th day of September, 2012. /s/Shepard M. Harris Shepard M. Harris, Mayor ATTEST: /s/Susan M. Virniq Susan M. Virnig, City Clerk ����1 �� Public Works Llepartment 763-593-8030!763-593-3988(fax) M � =-- ...� _ � ° _ ����:����..R��� � _.. � �: _� � �<.�_ . _� .. Executive Summary For Action Golden Valley City Council Meeting September 19, 2012 Agenda Item 4. B. Public Hearing to Vacate Easements at 4900 Triton Drive Prepared By Jeannine Clancy, Director of Public Works Jeff Oliver, PE, City Engineer Eric Seaburg, EIT, Engineer Summary A developer has proposed a Planned Unit Development which would subdivide the existing lot at 4900 Triton Drive into five parcels and one outlot. During the platting process, it was determined that existing easements on the property need to be vacated before the final plat (Eldridge 3rd Addition PUD 109) is approved. Consistent with the City Code, the proposed final plat includes the dedication of new drainage and utility easements on each lot and new easements for storm sewer management. These new easements are larger, and broader in application,than the existing easements. Staff has sent a letter to all private utility companies regarding this proposed easement vacation requesting their review and comment. There have been no objections to this easement vacation. Attachments • Existing Easements, 4900 Triton Drive (1 page) • Proposed Eldridge 3rd Addition Final Plat (showing proposed easements) (1 page) • Resolution Vacating all Existing Platted Easements in Lot 6, Lot 7, Lot 14, Lot 15, Lot 16, and Lot 17, of Block 8, of the Woodlawn Park Plat (4900 Triton Drive) (1 page) Recommended Action 1. Open the Public Hearing and take comment. 2. Motion to continue the Public Hearing until that time in which the plat for Eldridge 3rd Addition PUD 109 is considered for approval by Council. Easements ;.<;,� Drainage and Utility 4845 4825 3201 - Utility , s 3146 3139 � _ , __ _____�____, , --___ _ _ - . � , ,i` 3125 3142 / ��� r` i � t ; � �,�1 _\� ' 3115 ; t 3138 ;r' �� 4824 i l r ;± � ` 4920 ; ; 3101 312 3100 Z � .�r��tor �C Q i 3026 3025 4901 a 4921 Pnnt Date:OS/28/2012 Sources: _,,������� �QOO ��.'�On D,. Hennepin Counry Surveyors OKce for �� Property Lines(2012). e 0 30 60 120 Disclaimer This is not a legal cerfificate of survey. 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Harris, Mayor ATTEST: Susan M. Virnig, City Clerk The motion for the adoption of the foregoing resolution was seconded by Member and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted, signed by the Mayor and his signature attested by the City Clerk. GZ�� C��' t�''�� �,� ���:;" ��, ��„ ��,� I'lanning Deparfiment 763-593-8095/763-593-8109(fax? Executive Summary For Action Golden Valley City Council Meeting September 19, 2012 "60 Days" Deadline: November 2, 2012 Agenda Item 4. C. Public Hearing- Preliminary Plat Approval - Golden View- 1540 and 1550 St. Croix Circle Prepared By Joe Hogeboom, City Planner Summary The owners of the property at 1540 and 1550 St. Croix Circle, as well as the undeveloped parcel to the east of these two properties, are proposing to subdivide the properties into three newly reconfigured lots. The home at 1550 St. Croix Circle would remain in place. The home at 1540 St. Croix Circle would be demolished and two new homes would be constructed. The proposed three lot subdivision qualifies as a minor subdivision because the original properties are part of a recorded plat. In addition, this proposed subdivision will produce three lots and will not create need for public improvements. A variance fram City Code is needed to allow the two southern lots to be narrower than 80 feet at the front setback line. Staff recommends this variance because it avoids the construction of additional road space to serve the homes. Attachments • location Map (1 page) • Planning Commission Minutes dated August 27, 2012 (3 pages) • Memo to the Planning Commission dated August 15, 2012 (3 pages) • Memo from City Engineer Jeff Oliver and Public Works Specialist Eric Eckman dated August 22, 2012 (6 pages) • Tree Inventory (1 page) • Letter Regarding Possible Cul-De-Sac (1 page) • Preliminary Plat and Possible Cul-De-Sac Plan (3 pages) Recommended Action Motion to approve the Preliminary Plat for Golden View, 1540 and 1550 St. Croix Circle, subject to the following conditions: 1. The City Attorney will determine if a title review is necessary prior to approval of the final plat. 2. A park dedication fee shall be paid before final plat approval. 3. The City Engineer's memorandum, dated August 22, 2012 shall become part of this approval. 4. A Subdivision Agreement will be drafted for review and approval by the City Council that will include issues found in the City Engineer's memorandum. 5. All applicable City permits shall be obtained prior to the development of the new lots. Further, the City Council approves a waiver from Section 12:20, Subdivision 5(A) of City Code, finding that; � The proposed Lot 1 measures 60 feet in width along the northeast front setback line. • The proposed Lot 2 measures 62 feet in width along the northeast front setback line. • Section 12.20, Subdivision 5(A) of City Code requires that interior lots measure at least 8Q feet in width along the front setback lines. • Reducing the lot width requirement eliminates the need for additional road construction. :�',' `�� , ���.{ ,�,� �- �.-- ,,, /,�1 '�,,,���`+.�19 D �°4 �' # d� :�$�2� Iy 1823 �'"18�4 1 D �18557�r�8S0 u/ , �. 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'< � � c �, , _ q 1"�11 , 1510 1$115 !t� •t�I1 � • ryC '-`rf�j � ��f'J�LV J����% .: � .�. 1 V'V�- fi///l. - 1�iJ 47 � 124 51D �5U D�U 0 a 4,g 0 9?D 15tl1 � 1 S25 153� ;�rr�y �' v,- -�--_.._ 4 3�1 f ,'r; �i;!i,'' 1601 w'�..��''ti d_ _ . �. � ,_ s_ x Wi[tsxk�7le Sl ._ . .._ _ _.a _ .��_ �_ � ���/, jr� _ � r � 4�48515 1d49 � 5U�5 �5 ti93 49 1�9�1 ' 480 53fl iS%. ��/%�i''/"� � ,�, _ ,��� ,��5 � �,,;, % �;f,,, Subject Properties - � �raaa ` ' 4,48 ;';`r',;;;% �;;f%' �aas ��a�o �aas ; ;;;'��%%'i� �:' : , t< 1425 �t422 1445 ' ;:;j�%%�' 1465 r•- �,' /Ii�//� 1} \ � . F 3 �, `,, �� ��141� 943t �`•� '1444 'ii'� �,� I ; 7d15 � FBJE+tlu/Rngela;Pvnd� � 14'IO 1415 ��..� � = 1445/ � � f t � 14D7 � e 742D� � / r�� z �+ � � 1�11 1401 �1at�`8� ''� . �. ,� -- 1348 . 133 `} � 'r 140b, Sweevley take 14251 � � ����� � --,..,,. ,-.1' � � .� �� �; -0 13+40 � 79�5����305 31������,� 1334�•� �, z,' � � � , � �, � ,� � �. ` � , �i—�._----� �' ���,, -� � 1315 �— . �, � '��',, 132`�.. �� ,�,/,`'� �'�, J10 13D5 t�132�9;, . /� ��'� 1�1� I 731$ / ` � F -� 130tf 13D0 �`� r�� ��� � 14fl5 �wlr!Ls7lCe� y , 1240 511U 1245 1250 ' � ��r J f / . .�. . ... >, _ �.a _. _. Gt�Rd.,� _, __ .-? 12+i7 � - ` � Alfr 1231 , Z3d �4512�31 ; ���0 � � '�.� � '123 � � � � � � ia"0 12i17 ' 'i�#tt 9201 � 128D �_�"� 114 11A1.� 1140 11A1 ,` 1i4fl � � 113 1i31 � 113fl 1131 � 130 ! "Eh�CSdOt@ ilAiit'�h Rf��it�tl Pa�t`{S�, a � 112 1121 1120 1121 ; .�x0 ` 11[30 31i14 } � � � �{ 7{10 � ;�� ' :. ' � ��. �� � ` �Thotlansf Rd"�"�/ _1I ^�-T-� I I 1 i I � 470q �;c�rne�x�,ActU� Cecr-js,Cl��.}Ga:,C�2YJ5 - ` 1 }I. I p �j�`�. Minutes of the Golden Valley Planning Commission August 27, 2012 Page 6 Findinqs The PUD plan is tailored to th pecific characteristics of the site and achieves a r quality of site planning nd design than generally expected under� conve ' nal provisions of the rdinance. 2. The PUD p preserves and rotects substantial desir ortions of the site's characteristics, en space a d sensitive envir ntal features including steep slopes, trees, sceni � ws, c eeks, wetl and open waters. 3. The PUD plan includes e ' � nt a ective use (which incfudes preservation) of #he land. 4. The PUD Plan results i v lopm t compatible with adjacent uses and is consistent with the mpreh nsive Pla nd redevelopment plans and goals: 5. The PUD plan ' onsistent ith preserving improving the general health, safety and gener elfare af the p ple of the City. 6. The P plan meets the PU Intent and Purpose pro � � n and a11 other PUD ordi nce provisions. T motion was seconded by Sc midgall and carried unanirnously. 3. Informal Public Hearing — Minor Subdivision — 1540 and 1550 St. Croix Circle — Golden View Addition — SU06-04 Applicants: Dave & Cindy Fellman and Jeff& Heidi Haines Addresses: 1540 and 1550 St. Croix Circle Purpose: To allow the applicannts to reconfigure three existing single family residential lots into three new single family residential lots. Hogeboom referred to a location map and explained that the applicants are proposing to subdivide their properties at 1540 and 1550 St. Croix Circle (along with the parcel to the east) into three new residential lots. He stated that the house at 1540 St. Croix Circle will be removed and two new homes wiH be built. He referred to the survey of the properties and noted that the remnant property to the east will become part of 1550 St. Croix Circle and the sizes of the new lots will be as follows: Lot 1 wiH be 52,180 sq. ft. Lot 2 will be 43,620 sq. ft. and Lot 3 will be 99,790 sq. ft.. Hogeboom explained that this subdivision request will require a variance from the Subdivision Code because the lots don't have 80 feet of width at the front setback line. The applicants could construct a half cul-de-sac in order to make the lots wider at the front but staff has requested that not be done because it will create more impervious surface and maintenance issues. Waldhauser asked if there has been any consideration of requiring a larger/deeper front yard setback since the lots are narrower at the front. Segelbaum noted that in order to meet the side yard setback requirements the homes will have to be set back further from the front property line. Minutes of the Golden Valley Planning Commission August 27, 2012 Page 7 Hogeboom stated that staff is recommending approval of this proposed subdivision with the variance discussed. He added that the City Engineer is working with the applicants on creating a natural buffer along the shoreline. Waldhauser asked about custom grading for each lot. Hogeboom stated that there will be custom grading for each individual lot, as there will only be two lots developed. Cera stated that in the past the Planning Commission has been told that they can't recommend approval of variances for subdivisions where the need for the:variance is caused by the applicant. Hogeboom clarified that the applicants have not asked for a variance. The City's recommendation in this case is to waive the 1ot width requirernents so as to not add more impervious surface and street maintenance. Segelbaum said he is concerned that the house at 1540 St. Croix Circle would be left as a non-conforming structure if this subdivision doesn't end up being completed. Hogeboom said the house at 1540 St. Croix Circle would be considered conformirtg if doesn't end up being removed. Jacqueline Day, representing the applicants, showed illustrations of the subject properties before and after the proposed subdivision. She explained that ultimately the owner of 1540 St. Croix Circle will own Lots 1 & 2. The home on 1540 St. Croix Circle will be removed, both lots will be sold and two new homes wilf be built. She added that this is the lowest density that could be added on these properties. Waldhauser opened the public hearing. Carol Parry, 1530 St. Croix Circle, said she has no objection to the splitting the property but she is concerned about the narrowness of the lots along the street. She questioned if the lots could share a driveway'because 1540 St. Croix Circle has a row of huge, old pine trees and she hopes the driveways won't take out those trees. Jacqueline Day stated that ultimately the homeowner V+rill decide where the garage and driveway will be located. She stated that the trees shouldn't have to be removed and she assumes the intent of the homeowner would be to keep the trees. Seeing and hearing no one else wishing to comment, Waldhauser closed the public hearing. Waldhauser stated that the tree preservation plan should address the concerns about the trees. She added that she agrees with staff that adding a half cul-de-sac doesn't add anything to the project. MOVED by Kisch, seconded by Kluchka and motion carried unanimously to recomrnend approval of the Minor Subdivision at 1540 and 1550 St. Croix Circle subject to the following conditions: 1. The City Attorney will determine if a title review is necessary prior to approval of the final plat. Minutes of the Golden Valley Planning Commission August 27, 2012 Page 8 2. A park dedication fee of$14,370 shall be paid before final plat approval. 3. The City Engineer's memorandum, dated August 22, 2012 shall become part of this approvaL 4. A Subdivision Agreement will be drafted for review and approval by the City Council that will include issues found in the City Engineer's memorandum. 5. All applicable City permits shall be obtained prior to the development of the new lots. The Planning Commission also recommends approval of a waiver to Section 12.20, Subdivision 5(A) of City Code allowing Lot 1 to be 60 feet in width along the northeast front setback line and allowing Lot 2 to be 62 feet in width along the northeast front setback line per staff's recommendation. 4. Informal Public Hearing — PI nned Unit Developmenfi— Final Plan —4900 Triton Drive (Eldridge 3�d Ad ition) — PU-109 Applicant: A.K.A.R.E. Comp nies, LLC — Rob Eldridge; Lakewest Develo ent Co, LLC — Curt Fretham A ress: 4900 Triton Drive Purpo : To allow the appli ant to divide one single family residential lot ' five single family r sidential lots. Hogeboom stated t this is the Fina pUD Plan proposal for the pr . rty located at 4900 Triton Drive. He state that the plans:n this proposal haven't ch ed since the City Council gave Prelimina PUD appro al last spring. He adde at there has been a mediation meeting with th neighbor and the developer directed by the City Council. He referred to a concern ex essed previous meet' s regarding the Bassett Creek Watershed Management's rec me datian to co ruct a pond as part of this proposal. He explained that there were ne tia ions be n the developer and the neighbors to the north of the subject property to II the ome of the property in order to bring the size of the development under two a e . o a pond would not be required. However, the sale of the land did not happen so th nd is still being required by the Bassett Creek Water Managern�nt Commission. Segelbaum said he was hop' g to se a tree reservation map that might show justification far allowing t ots to ha e a 25-fo front yard setback. He asked if moving the homes further forw d on the lots as one o e items discussed at the neighborhood meeting. Hogeboo aid he couldn't ecall if the fr t setback requirements were discussed at the eeting. He added t at the reason homes are proposed to be set further forwar n the lots is to pull th m away from the urrounding homes and to save more of the ees on the property. Kis h recalled discu.ssi that included requiring a larger re yard setback in exchange. Cer sked if there has been any furt er discussion regarding the use of sewage pumps in ome of the homes. Waldhauser s d she thinks another reason to set the home further forward on the lots was to help alleviate the need for the pumps. G��� C�� ����`� � � ��.. � �'�� Planning Department 763-593-8095!763-593-8109(fax) Date: August 15, 2012 To: Planning Commission From: Joe Hogeboom, City Planner Subject: Informal Public Hearing- Minor Subdivision of Property at 1540 and 1550 St. Croix Circle (Golden View Addition) -leff and Heidi Haines & Dave and Cindy Fellman - Applicants Summary of Request Jeff and Heidi Haines & Dave and Cindy Felfman are proposing to subdivide the properties located at 1540 and 1550 St. Croix Circle, as well as the parcel to the immediate east, into three separate lots. The existing home at 1540 St. Croix Circle would be demolished. City Code requires that each new lot meet the required 10,000 square foot minimum lot size standard set forth by the Zoning Code. The developer has submitted a site plan that demonstrates that each of the three newly configured lots would exceed minimum lot size requirements. For this proposal, the lot area measurements are: • Lot 1- 135,938 sq. ft. (52,180 sq. ft. above OHW) • Lot 2-124,453 sq. ft. (43,620 sq. ft. above OHW) • Lot 3- 199,635 sq. ft. (99,790 sq. ft. above OHW) City code also requires that at least 80 feet of width exists at the front setback line of any newly established interior lot. Lot 3 would meet this requirement; however, Lots 1 and 2 would not. Lot 1 is calculated to be 60 feet in width and Lot 2 is calculated to be 62 feet in width. The developer is requesting a variance from the Subdivision Code to allow for this configuration.The applicant has submitted a plan that demonstrates that lot widths can be made wider if a half cul-de-sac is constructed. However, staff does see a need for a cul-de-sac in this location and supports the applicants' plan that requires a variance from the Subdivision Code. Setback boundaries (building envelopes) of the proposed lots would allow standard-sized homes to be constructed without variances to the Zoning Code. tn addition, all lots meet the minimum frontage requirements along the lakeshore. Qualification as a Minor Subdivision The proposed three lot subdivision qualifies as a minor subdivision because the subject properties are part of a recorded plat. In addition,this proposed subdivision will produce three lots and will nat create need for public improvements, such as street construction. The applicant has submitted the required information to the City that allows for the subdivision to be evaluated as a minor subdivision. Staff Review of Minor Subdivision As previously indicated, this request reconfigures three existing lots into three new lots. There will be a net gain of one home. Each of the new lots exceed the minimum lot requirements in the R-15ingle Family Residential Zoning District. The applicant has submitted a survey for the affected property prior to subdivision, as well as renderings of proposed setback boundaries and lot layout following lot division. These documents provide the City with information necessary to evaluate the minor subdivision. All documents indicate the preservation of the existing home at 1550 St. Croix Circle. City Engineer 1eff Oliver, PE, and Public Works Specialist Eric Eckman have submitted a memorandum dated August 22, 2012 regarding recommendations from the Public Works Department concerning this request. A copy of the Public Works Department memorandum is attached to this report. Qualification Governing Approval as a Minor Subdivision According to Section 12.50 of the City's Subdivision Regulations, the following are the regulations governing approval of minor subdivisions with staff comment related to this request: 1. Minor subdivisions shall be denied if the proposed lots do not meet the requirements of the appropriate zoning district. The three proposed lots will meet the requirements set forth by the R1 Single Family Residential Zoning District. 2. A minor subdivision may be denied if the City Engineer determines that the lots are not buildable.The City Engineer has determined that the proposed lots are buildable. 3. A minor subdivision may be denied if there are no sewer and water connections available or if it is determined by the City Engineer that an undue strain will be placed on City utility systems by the addition of the new lots. A developer would be required to submit detailed plans regarding the proposed sewer and water locations at the time building permits are applied for. Utility connections are available in this area. 4. Approval of the minor subdivision may require the granting of certain easements to the City. The final plat must show all necessary easements as required by the City Engineer and City ordinances. 5. If public agencies other than the City have jurisdiction of the streets adjacent to the minor subdivision,the agencies will be given the opportunities to comment. The Department of Natural Resources, which has jurisdictional authority over Sweeney Lake, has been given the opportunity to comment on this proposal. The DNR has no comment at this time. 6. The City may ask for review of title if required by the City Attorney regarding the dedication of certain easements. The City Attorney will determine if such a title review is necessary prior to approval of the final plat. 7. The minor subdivision may be subject to park dedication requirements. In this case, a park dedication fee of$14,370 will need to be paid prior to final plat approval. Recommended Action Staff recommends that the Planning Commission declare the following: The Planning Commission finds that the Minor Subdivision proposal at 1540 & 1550 St. Croix Circle meets criteria established in City Code Section 12.50, and therefore recommends approval of the petition subject to the following conditions: 1. The City Attorney will determine if a title review is necessary prior to approval of the final plat. 2. A park dedication fee of$14,370 shall be paid before final plat approval. 3. The City Engineer's memorandum, dated August 22, 2012 shall become part of this approval. 4. A Subdivision Agreement will be drafted for review and approval by the City Council that will include issues found in the City Engineer's memorandum. 5. All applicable City permits shall be obtained prior to the development of the new lots. Further, the Planning Commission finds that; • The proposed Lot 1 measures 60 feet in width along the northeast front setback line. • The proposed Lot 2 measures 62 feet in width along the northeast front setback line. • Section 12.20, Subdivision 5(A) of City Code requires that interior lots measure at least 80 feet in width along the front setback lines. • Reducing the (ot width requirement eliminates the need for additional road construction. Therefore, the Planning Commission recommends approval of a waiver to Section 12.20, Subdivision 5(A) of City Code allowing Lot 1 to have a 60 foot width along the northeast front setback line and allowing Lot 2 to have a 62 foot width along the northeast front setback line. Attachments: Location Map (1 page) Memorandum from City Engineer Jeff Oliver and Public Works Specialist Eric Eckman dated August 22, 2�012 (6 pages) Tree Inventory (1 page) Letter Regarding Possible Cul-De-Sac (1 page) Preliminary Plat and Possible Cul-De-Sac Plan (3 pages) �t�� �� t. �� � � Public Works Dep►artment 763-593-8030/763-593-398$(fax) Date: August 22, 2012 To: Mark Grimes, Director of Planning and Development From: Jeff Oliver, PE, City Engineer Eric Eckman, Public Works Specialist Subject: Subdivision Review for Golden View (1540& 1550 St. Croix Circle) Public Works staff has reviewed plans for the proposed minor subdivision of property called Golden View. The proposed subdivision is located at 1540 and 1550 St. Croix Circle and is adjacent to Sweeney Lake. The development consists of combining four properties from three different plats and dividing them into three new lots, each with lake frontage. This memorandum discusses issues identified during the Public Works review that must be addressed prior to approval of the final plat. The comments contained in this review are based on the plans submitted to the City on July 24, 2012. A Subdivision Agreement will be drafted by the City which will outline additional canditions and cvsts associated with the development. Site Plan and Access There are two existing homes in the development. The home at 1550 St. Croix Circle will remain on Lot 3 of the new plat. The home at 1540 St. Croix Circle will be demolished and a new home built on Lot 1. The developer or builder will be required to obtain the appropriate permits for all activities associated with demolition prior to commencing work. The two new homes will be set back a minimum of 75 feet from the ordinary high water level for Sweeney Lake in order to comply with the City's Shoreland Management Ordinance. All three lots will have access onto St. Croix Circle. The existing driveway for 1540 St. Croix Circle will serve lot 2, while a new curb cut and driveway will be constructed to serve Lot 1. A Right-of- Way Management permit is required for curb alterations and driveway construction. G:\Developments-Private\Golden View\Golden View-minor subdivision review.docx Preliminary Plat The developer has requested a variance from the required 80-foot lot width at the front setback line for Lots 1 and 2. The lots are more than 300 feet deep and the houses will be set back to a point where the widths are greater than 80 feet. Staff supports the variance request as it eliminates the need for a platted cul-de-sac. The four properties being combined and subdivided are within three plats: Samuelson's Lakeview Addition, Auditor's Subdivision No. 330, and Registered Land Survey No. 1012. Because the properties have been previously platted, there are existing public easements that need to be vacated. The developer has submitted an application requesting the easement vacation. The private utility companies will review the request and provide comment to the City. It is likely that some removal, relocation, or undergrounding of existing facilities will be necessary to serve the development. The public hearing required for the vacation will be held on the same date that City Council considers final plat approval. There is an existing 20-foot drainage and utility easement across Lot 4 of Auditor's Subdivision No. 330 for a storm sewer pipe constructed by the City, during its 2006 street reconstruction project. This easement must be vacated and rededicated on the final plat. The City's Subdivision Ordinance requires 10-foot drainage and utility easements on the plat boundaries and 12-foot easements centered on all interior lot lines. These easements are not shown in an acceptable manner on the preliminary plat. The final plat for this development must include easements on all property lines, consistent with the City's Subdivision Ordinance. The development is adjacent to Sweeney Lake and, therefore, will require drainage and utility easements which incorporate floodplain and wetland areas, and accommodate high water levels. The drainage and utility easement must include all of the lake and the portion of Lot 3 located across the lake. Sweeney Lake has a base flood elevation of 831.5 feet above mean sea level and the regulatory floodplain elevation is two (2) feet above the base flood elevation (833.5 feet). In addition, there is a wetland adjacent to Sweeney Lake that lies across Lots 1, 2, and 3. The drainage and utility easement must follow the regulatory floodplain elevation and be a minimum of 10 feet from the delineated wetland edge in order to accommodate high water levels and a 10-foot native or natural vegetative buffer. The buffer requirement is discussed in more detail in the stormwater management section of this memorandum. Special Assessments The streets on the west side of Sweeney Lake, including St. Croix Circle, were reconstructed as part of the 2006 Pavement Management Project. Because one of the parcels (Lot 4, Auditor's Subdivision No. 330) included in this subdivision had the potential to be subdivided,the special assessment roli for the City's project included $28,000 in deferred special assessments on that parcel. Deferred special assessments are typically paid at the time of subdivision. Because only a portion of Lot 4, Auditor's Subdivision No. 330 was utilized to create the new lots, development potential still exists for the remaining portion of the lot. Therefore, the deferred special G:\Developments-Private\Golden View\Golden View-minor subdivision review.docx 2 assessments against this parcel will be prorated based upon the developed area and the remaining development potential, as#ollows: Total Existing Deferred Assessments $28,000.00 Less Area Developin� Now (45.5%), Assessment Due = $12,740.00 Remaining Dev. Potential (54.5%), pefer= $15,260.00 The proration of the deferred special assessment will be further defined and outlined in the Subdivision Development Agreement. Preliminarv Utilitv Plan The City's sanitary sewer and water systems that provide service to these properties have adequate capacity for the proposed development. The developer has demonstrated that extension of these services to each lot is possible as shown on the preliminary plat. The plans indicate that Lot 1 will utilize the existing water service to 1540 St. Croix Circle and will require construction of a new sewer service. Lot 2 will utilize the existing sewer service to 1540 St. Croix Circle and will require construction of a new water service. The new services will be installed at the time of home construction. The developer or contractor will be required to obtain the appropriate sewer and water permits from the City for the removal and installation of utility services. The installation of these services will require open-cutting St. Croix Circle; therefore,the developer or contractor will be required to obtain a Right-of-Way Management permit from the City for excavation and restoration of the street. The existing home at 1550 St. Croix Circle received a Certificate of Inflow and Infiltration Compliance on July 27, 2012; therefore, it is in compliance with the City's Inflow and Infiltration Ordinance. The developer or contractor working on the two new homes will need to abtain Point of Sale permits, complete the required inspections, and achieve compliance with the City's Inflow and Infiltration Ordinance, prior to occupancy of the homes. The utility plan shows an abandoned concrete storm sewer pipe running south along the west line of Lot 4, Auditor's Subdivision No. 330, terminating at the wetland adjacent to Sweeney Lake. During the design of the 2006 PMP, it was found that the subject storm sewer was in existence prior to the 1954 deve(opment af the Samuelson's Lakeview Addition and the pipe was not within a public easement. In addition, the pipe was undersized to provide sufficient drainage to its tributary drainage area. Based upon this information, it was determined that the existing storm sewer was a privately owned and maintained storm sewer facility, and based upon the condition of the pipe and manholes, it had never been maintained. Therefore, staff worked with the property owner to obtain a drainage and utility easement to extend new storm sewer to Sweeney Lake. The portions of the existing storm sewer that were impacted by the installation of the new storm sewer were removed and the remaining pipe was abandoned in place; therefore, future property owners may remove any portions of the remaining storm sewer, if they so choose. G:\Devetopments-Private\Golden View\Golden View-minor subdivision review.docx 3 Stormwater Mana�ement and Gradin� This development is within the Sweeney Lake sub-district of the Bassett Creek Watershed. Based upon the size of the development, review by#he Bassett Creek Watershed Management Commission (BCWMC) is not required. However, if the individual grading plans for each lot include any grading or land-disturbing activity within the floodplain, those plans will be subject to the review of the BCWMC. This staff review assumes that each lot will be custom-graded at the time of home construction. A City Stormwater Management permit will be required for each lot, before the start of construction. A stormwater management plan meeting City standards is required as part of each permit submittaL This development is subject to the City's Floodplain Management Ordinance, due to its proximity to Sweeney lake. The lowest floor and lowest openings of new principal and accessory structures must be a minimum of two (2) feet above the base flood elevation to ensure adequate flood protection. In addition, City and BCWMC requirements prohibit the placement of fill within a designated floodplain. According to the preliminary plat submitted, there are no proposed impacts to the floodplain of Sweeney Lake. The individual stormwater management plans submitted for each lot must also ensure that these provisions are met. The existing wetland on site is subject to the Wetland Conservation Act. The City received a wetland delineation report prepared by Svoboda Ecological Resources, identifying the wetland adjacent to Sweeney Lake. ln reviewing the wetland report, it was determined that the delineation is limited to the property at 1540 St. Croix Circle. The delineation is critical in determining the location of the drainage and utility easement and vegetative buffer, as discussed in this review. The developer must submit additional wetland delineation information to complete the wetland report, prior to final plat approval. The City will review and process a Wetland Conservation Act Notice of Decision, upon receiving the updated information. The fees for such processing will be included in the Subdivision Development Agreement. According to the preliminary plat submitted, there are no proposed impacts to the wetland. However, the stormwater management plan for each lot must show adequate protection of the wetland, and care should be taken during construction to ensure that the wetland is clearly marked and protected at all times. Sweeney Lake is listed as impaired for nutrients on the Federal List of Impaired Waters and a Total Maximum Daily Load (TMDL) study was completed by the Minnesota Pollution Control Agency and BCWMC. The TMDL study identified several best management practices that would help to improve the water quality of Sweeney Lake. One of those best management practices is a vegetative buffer along the shore. As part of the approval of this development, a 10-foot native or natural vegetative buffer is required to be established along the lake and wetland to improve the water quality of Sweeney Lake. The buffer should be designed in a manner consistent with the City's Stormwater Management Ordinance, which allows a corridor for property owner G:\Developments-Private\Golden View\Golden View-minor subdivision review.docx 4 access to the lake. The buffer must be a minimum of 10 feet in width and should be shown and described on plans submitted with the final plat. As an additional requirement, each property owner must grant and convey to the City a permanent conservation easement, to ensure that the buffer is preserved and maintained into the future. The property owner will be responsible for ongoing maintenance of the buffer. The maintenance requirements will be included in the text of the conservation easements. Because each homeowner will determine the location of their access corridor,the conservation easements must be based upon customized legaf descriptions. The legal descriptions and surveys illustrating the easements must be submitted by the developer to the City for review and approval. Signs or posts designed to City standard must be placed in the field to clearly mark the boundary of the conservation easement areas. No permanent structures will be allowed in the conservation easements ar the access corridors, and no outside storage will be allowed within the conservation easement areas. Stairways, docks, and sand beaches may be allowed within the access corridors, provided they are consistent with the Minnesota Department of Natural Resources (MnDNR) guidelines and permit requirements, and the provisions of the Wetland Conservation Act. Work below the OHWL may not occur without a permit from the MnDNR. The conservation easements must be drafted by the City, signed by all parties, and recorded at Hennepin County, before Stormwater Management permits are issued for new construction. The Subdivision Development Agreement will specify that an escrow must be posted by the developer in an amount sufficient to cover the establishment of the buffer per plan and the maintenance required for two additional growing seasons. Tree Preservation Plan This development is subject to the City's Tree Preservation Ordinance. Because each lot will be custom-graded at the time of home construction, the project will be considered a single-lot development, in which a separate Tree Preservation permit will be required for each lot. The developer has submitted a tree inventory and preliminary tree preservation plan which will assist in the review of each permit application. Summarv and Recommendations Public Works staff recommends approval of the proposed minor subdivision of property on St. Croix Circle, called Golden View, subject to the comments contained in this review. These comments are summarized as follows: 1. Existing public easements must be vacated and new easements dedicated as recommended in this memorandum, prior to final plat approval. 2. A portion of the deferred special assessments must be paid prior to final plat approval, as discussed in this review. 3. The properties must achieve compliance with the City's Inflow and Infiltration Ordinance, prior to occupancy of the new homes. 4. The developer must submit wetland delineation information for Lot 3, in order to complete the wetland report prior to final plat approval. G:\Developments-Private\Golden View\Golden View-minor subdivision review.docx 5 5. The developer must show on the plans and describe the native or naturai vegetative buffer along the lake and wetland areas and post a security for the establishment and maintenance of the buffer. 6. The City and each of the owners must establish and record with Hennepin County permanent conservation easements over the vegetative buffer areas on each lot. 7. The developer and/or contractor must obtain the appropriate permits prior to development, as discussed above. Approval is also subject to the comments of other City staff. 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 Sue Virnig, Finance Director Mitch Hoeft, Engineer AI Lundstrom, Parks Maintenance Supervisor and City Forester Dave Lemke, Utility Maintenance Supervisor Joe Hogeboom, City Planner Gary Johnson, Building Official Ed Anderson, peputy Fire Marshall G:\Developments-Private\Golden View\Golden View-minor subdivision review.docx 6 GOLDEN VIEW TREE INVENTORY 7-26-12 NUMBER TYPE SIZE (DBH) 1 BIRCH 16X16" 2 SPRUCE 16" 3 SPRUCE 26" 4 SPRUCE 24" 5 SPRUCE 16" 6 SPRUCE 16" 7 BIRCH 8X8X10" X 8 SPRUCE 18" X 9 AUST. PINE 22" X 10 BOX ELDER 12" 11 MULBERRY 10" X 12 BOX ELDER 20" 13 ASH 8X8" 14 ASH 8" 15 WHITE PINE 14" 16 WHITE PINE 14" 17 ASH 12" 18 BOX ELDER 22" 19 BOX ELDER 14" 20 ASH 8" 21 ASH 16" 22 WHITE PINE 26" X INDICATES TREES BEING REMOVED UNDER POSSIBLE HOUSE LOCATIONS SHOWN. THIS MAY CHANGE BASED ON NEW OWNERS PROPOSED HOUSE POSITION. GRONBERG&ASSOCIATES,INC. SURVEYING,ENGINEERING AND LAND PLANNING � 445 N.WILLOW DRIVE ' LONG LAKE,MINNESOTA 55356 952-473-4f4f FAX: 952-473-4435 7-26-12 City of Golden Valley 7800 Goiden Valiey Road Golden Valiey, MN 55427 Attn:Joseph Hogeboom,City Planner RE: GOLDEN VIEW 1540&1550 St. Croix Circle As we discussed in an earlier meeting with you and other city staff people,we are requesting a variance for the lot width requirements for the proposed lots 1 and 2.As shown on the attached sketch we could create a cul-de-sac to achieve the 80 foot width at the 35 foot front setback line but that would just be a waste of dedicated right-of-way.These lots are very deep and where the houses are proposed the lot widths are much greater than 80 feet. Sincerely, GRONBERG&ASSOCIATES, INC. i!L����..Z�2� Mark S.Gronberg, PE& LS N � x. w � � �GOLDEN V '� IEW � PRELIMINARY PLAT FOR ,�X �,i ,� � i DAVID FELLMAN & JEFFREY HAINES i ���'i i ,'� ,---�__ i DETAIL f ��� � � ,�� �,���,N' �\'_�a���,N���� � �. , � ,�,,.., ' I � ' � -- --�---- � !�,,,o � I � � ,r���� ,s�� I i 0 30 60 120 i ��I ���� I � I I � '� s ss°4a w+a3.eo � --------- SCALE IN FEET � � / _ � k —� � a - � � �U/ . r.w�s. m �E �& I/� i � � W��I I �� I I GOLDEN VIEW �� �,� � � , � ,--u��--_,, GfORGE 9�W£SS�N G�LWC£S 14£SS/N 1 / I I � �nws�7�CE OR�� i 1B01 n/OBCE OR I PRELIMINARY PLAT FOR � �__��""'° �,_��~ DAVID FELLMAN & JEFFREY HAINES � ��� / � ----- ` k � sas•aa4s ,a3.eo � IN SAMUELSONS LAKEVIEW ADDITION, AUD. SUB. NO. 330, ,�. W��Yii ���/ \ ��Z 3 � AND R.L.S. 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I I 1425/SLAAO OR OWNER '••: :+ � , ROGER A PEfERS R WIFE I ' • 1420 SPRING VALLEY RD 2 �" \\� ' t I I I . , - • :,, D I EXISTING LEGAL DESCRIPTIONS \� � � .c FELLMAN �� I � �tl Lot 8, Block 1,SAMUELSONS LAKEVIEW ADDITION � � - Also .; � � Tract B, Registered Land Survey No. 1012 . � � _ I I � —____ _ .. HAINES STEVEN H MAHLE 6 WIFE I Lot 7, Block 1,SAMUELSONS LAKEVIEW ADDITION 1410SPRINGVALLEYRD � I + . Also I � .. •- Lot 4,Auditor's Subdivision No.330 � EXISTING ZONING R-1 � � I ACREAGE ABOVE O H W=4.49+-ACRES I I � owri�rt 7 scorrEnsn�nN I i I 1100 SPRINC VALLEY RD s �� ' � I ` N I I � �\ p I I I � N i•.. � dANE'R T Al BARNARD `--i,� � 1405 lSLA�OR .. • \\ I � I �\ i OWNER � � CAROL M BEMIS�`ET AL TRUSTEE I I EDGE OF WATER � 1334 SPRING VALLT�V RD I I PER AERIAL PHOTO 8 ��\\\ 1 ' 1 '-' � � \ 15�26 � 183.80 , 100+- 1 Wf-� 138�- ———— S 89°54'11"W 338.06 OWNER ——- � CITY OF MINNEAPOUS PARK BOARD REVISIONS DESIGNED ��ro�,�,,„,���sw�.��.a� �za,2 GRONBERG & ASSOCIATES INC. DATE BY REMARKS � W88qepamdby�IlaMUfldBflltydMdSUp01v(Sioll ��iE � �a�i2 pnorrwwu,ununE�rn�S s�r��K�ic DRAWN ���a���Mg��o�Sunnyor under 1�so' CIVIL ENGINEERS,LAND SURVEYORS,LAP1D PLANNERS +2-++3 445 N.WILLOW DRIVE LOTlG LAKE,�I}!N 55355 H �,� ,.Z y_e ,,,,R,.„��„,�, �,��,� PHONE:952-473-4141 FAX:952-473-�l43S GOLDEN VIEW POSSIBLE CUL-DE-SAC DETAIL �� G , ��/ ('_�� ' / WA R / V/� BO� 5 �� � 5� /�``�v i�� ` y S���SJ� ��—.�---�`'� �� G�O ���� / �C�2� �,J a �,c�� .�Q' y��� �� �� co / /�5'��G / �� ^� / / / ' �- , / , , , o----- �15� � � � ��i��/ _� MH �� STUB \ � � \\ �� �� �,9g. � � �� s x ' \ �� � / \�\`\�� I� � WATER �B / / \\ � \.� \ -- `_� ` �� �� � � i'�\ �� 3 � Q � G3 --- _500�'��� `�`� � 2 \ �� �� ` � s°sP c y\ �� � `` \� \ i �\ 1 \ � �, vv � \ / \'X / �\ �� , cs` \� \ \ �� \ � �` ��` �� 1� �(�� \ � Gs�` �� �� \\ , ��,� �� ` �s^ 3 -/��, \ � �` _t 1 � 60 ��\ �6 � �� S ���� �� ��� ,�`' _ � � � X �� � �,�\ �� \ 14 �` RO50 io � �� ` � �/� aA�po �\ 2 � � �, � �\ // .p�.o� � 0 � 1��, \� \� �� �y� � i .���oy �� , �'-� , 2 �i � 1�11 � 43620+-S. . �9 \`� � �5� �� �� � � `1� — ,����� �ABOVE20 H s� \ ---� \ '� -�— �fJ+ ,� � ��. � SP UCE �L \ W ``\� � O�\ \� � \\� 4 �� \ � , , � � � \ �� `�1 ��� \� ��� �� , . , , , �\ , �11 52180+-S.� �F,P �� \�`\ \� ABOVE O H W N� �i �F 0 30 60 120 SCALE I N FEET I hereby ceRify that this pian,specificatio�,or report was prepared by me SCALE GRONBERG �ASSOCIATES, INC. or under me direct supervision and that I am a duty Licensed Land Surveyor 1"=30' under the laws of the State of Minnesota. CONSULTING ENGINEERS,LAND SURVEYORS, DATE SITE PLANNERS 7-24-�Z 445 N.WILLOW DRNE IONG LAKE,MN.55356 JOB NO. 952-473-4141 � �!��� 12-143 Maric S.Gronbe Minnesota License umber 12755 12-143 �Z��1 C?� �,;�3` �, �� �� ��,. ��,� Planning Deparfiment 763-593-8095/763-593-8109(fax) �����,,: e w _ Executive Summary For Action Golden Valley City Council Meeting September 19, 2012 "60 Days" Deadline: September 24, 2012 Agenda Item 4. D. Public Hearing- Preliminary Design Plan Approval - PUD No. 110- Boone Avenue Convenience Center- Linn Investment Properties, Applicants Prepared By Joe Hogeboom, City Planner Summary Linn Investment Properties, owner of the property at 600 Boone Avenue North is seeking to obtain a Planned Unit Development (PUD) Permit for the construction of a retail/service facility on the east side of the site. As part of the proposal, the existing gas station would be renovated. The new retail/service facility would have four possible suite locations. This development will function as a PUD because both buildings will be part of a cohesive development, featuring similar architectural styles and landscaping. Internal traffic circulation and shared parking would also be a component of the site. The property is guided for long-term retail and service uses in the Comprehensive Plan, and is zoned "Commercial." The proposed PUD would re-plat the property into two separate lots; one lot for each building. City Code establishes standards for PUDs, which are laid out in the staff report to the Planning Commission. In addition, City Code establishes findings that must be made by the City when creating a PUD. These findings are included in the City Council's recommended action. Attachments • Location Map (1 page) • Planning Commission Minutes dated August 27, 2012 (6 pages) • Memo to the Planning Commission dated August 15, 2012 (3 pages) • Memo from City Engineer Jeff Oliver and Public Works Specialist Eric Eckman dated August 22, 2012 (5 pages) • Memo from Deputy Fire Marshal Ed Anderson dated July 30, 2012 (1 page) • Applicant's Narrative (1 page) • Site Plans (13 pages) Recommended Action Motion to approve the Preliminary PUD Plan for Boone Avenue Convenience Center PUD No. 110, 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 July 30, 2012, shall become part of this approvaL 3. The recommendations and requirements outlined in the memo from City Engineer Jeff Oliver and Public Works Specialist Eric Eckman to Mark Grimes, Director of Planning and Development, dated August 22, 2012, shall become a part of this approval. 4. All signs on the property must meet the requirements of the City's Sign Code. 5. There shall be further discussion of the design and design specs, including materials, as part of the Final PUD Plan. Also,the buildings are to look like the ones shown in the applicant's PowerPoint presentation. 6. There shall be discussion between staff and the applicant regarding the appropriate amount of parking for the site. 7. There shall be discussion�between staff and the applicant regarding alternative storm water management options. 8. An enhanced landscape plan shall be considered. 9. This approval is subject to all other state, federal, and local ordinances, regulations, ar laws with autharity 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 characteristics 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 preservation) of the land. 4. The PUD Plan results in development compatible with adjacent uses and is consistent with the Comprehensive Plan and redevelopment plans and goals. 5. 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Regular Meeting of the Golden Valley Planning Commission August 27, 2012 A regular meeting of the Planning Co ission was held at the Golden Valley City Hall, Council Chambers, 7800 Golden Valle Road, Golden Valley, Minnesota, on Monday, A 27, 2012. Chair Waldhauser c led the meeting to order at 7 p Those present e Planning Commis ioners, Cera, Kisch chka, McCa�ty, Schmidgall, Segelba and Waldhaus r. Also prese ere City Planner`Joe Hogeboom and Administrative Assis Lisa Witt an. 1. Approval of Minutes August 13, 2012 Re ar Plann g Com ' ion Meeting Waldhauser referr o the fifth paragr ph on page 4 an ted that the word "south" should be repl d with the word "nort ." MOVE Schmidgall, seconded by ra and motion carri�d unanimous approve the ust 13, 2012 minutes with the a ove noted correction. Kluchka abstained from v g. 2. Informal Public Hearing - P'lanned Unit Devetopment (PUD) — 600 Boone Avenue North — Boone Avenue Convenience Center— PU-110 Applicant: Linn lnvestment Properties, LLC Address: 600 Boone Avenue North Purpose: To allow for the construction of a retail/service facility on #he east side of th� site. Commissioner McCarty recused himself from discussion of this item. Hogeboom referred to a tocation map and explained that this property is currently a BP gas station at the intersection of Highway 55 and Boone Avenue North. He stated that the property is under new ownership and they would like to add a retail building on the east part of the �ife: He explained that this proposal is being considered as a PUD because the two sites will essentially act like one and it will allow the existing berm and creek to be better protected. He noted that this proposal will also be reviewed by the Bassett Creek Watershed Management Commission in order to make sure best practices are being met. He added that the property is guided and zoned for Commercial use and the proposal meets all of the requirements of the PUD ordinance, therefore staff is recommending approval. Minutes of the Golden Valley Planning Commission August 27, 2012 Page 2 Kluchka asked Hogeboom to further clarify why this project is a PUD. Hogeboom stated that the two lots will function together in regard to access, parking and pedestrian movement. Kluchka asked if the lots could be sold separately. Hogeboom said yes. Kisch noted that the lot coverage and the amount of parking seem high. He questioned what the lot coverage requirements and parking requirements would be if this proposal was not a PUD. Kluchka said it would make sense to clearly articulate which things the applicant couldn't do if this wasn't a PUD. Hogeboom explained that the City's parking ordinance requires a minimum number of parking spaces, not a maximum number, so the applicant does comply with rules regarding parking. He stated that the project would exceed the lot caverage requirements if it were one lot but staff feels it would be appropriate to exceed the lot coverage requirements in this case since the property is closer to the downtown area which has many PUDs and many properties that exceed lot coverage requirements. Waldhauser asked if the proposal exceeds the lot coverage requirement for the Commercial zoning district. Hogeboom explained #hat the lot coverage requirement in the Commercial zoning district is 50°Io,. This proposal has a lot coverage of 63.3% which exceeds the requirement by 13.3%. He added that much of the green space in the area is Highway 55 right-of-way so that is affecting the lot coverage as well. Waldhauser asked if there is plan showing the existing berm and how much this proposal would intrude on it. Segelbaum asked which sidewalks will remain and question�d if there is a sidewalk on Boone Avenue. Hogeboom said there is a sidewalk along'Boone Avenue which will remain, There is also a sidewalk on the north side of the property. He added that all of the sidewalks on the property will meet City;standards. Kluchka asked if there are regulations regarding LED signage. Hogebaom said yes, the City's sign ordinance addre5ses LED signs and added that variances cannot be obtained from the sign ordinance. Stephen Linn, CEO Linn Companies, Applicant, showed the Planning Commission photos of other properties he has r�cently developed and would like to use as a model for the Golden Valley property. He said it is his desire to only own and operate first class facilities that enhance the community. He said his plan is to build the retail center to the east in conjunction with'r�modeling the existing building to "dress up" the current site. He stated that the gas station may be re-branded in the future but that can't happen contractually until 2014 at the earliest. He explained that they are proposing to replace all the sidewalks around the en#ire site along with replacing almost all of the concrete and blacktop. He stated that he is also proposing an addition to the car wash, changing it to a "tunnel" car wash in order to process more cars per hour. Waldhauser asked the applicant how important it is to upgrade the gas station in order to market the proposed new retail building. Linn said it is very important. He added that it would took awkward to have a nice convenience center next to a plain gas station. He added that in most cases he exceeds cities' standards. Waldhauser asked the applicant if he has a plan showing the existing berm and what will happen along the creek as a part of this proposal. Linn said yes. He referred to the site Minutes of the Golden Valley Planning Commission August 27, 2012 Page 3 plan and noted that the civil engineer for the project is also in attendance to answer questions. Waldhauser asked the applicant what types of tenants they are expecting in the new retail space. Linn said they don't know at this point but they have had some preliminary interest in this site because it is a highly visible site on a "high traffic" corner. Kisch asked the applicant if the proposed number of parking stalls was derived from the target market they are aiming for, or if the parking lot was laid out for what fits on the site. Linn stated that food-based users will require more parking stalls. He added itiat the market will be limited if the parking isn't adequate. Kisch asked if the m�jority of the parking spaces are for the convenience store or for the retail build�r�g. Linn stated that the retail building will require more parking spaces than the gas station, but it is impdrtant that the parking be convenient for the customers. Kisch asked about the number of employees at the gas station: �.inn said there are four employees during the day, four employees in the evening and three employees in the middle of the night. Hogeboom added that Golden Valley has double the population during the daytime, than it does at night. Kisch said he wants to try to mitigate some of the impervious surFace. Linn expressed concerned about limiting the number of parking spaces because too few spaces won't be good for the businesses or for the customers,-SegElbaum asked if each use/building is considered separately when figuring the number of parking spaces. Hogeboom said each use would typically be considered separately, but not in a PUD proposal. Segelbaum asked if there are different parking requirements for different types of retail uses. Hogeboom said no and explained thatthere are different parking requirements for gas stations and retail uses but not for different types of retail uses. Segelbaum questioned if a food chain goes into the ret�il`spaces and doesn't have enough parking spaces if customers would start"ta�Cing the:;gas station's parking spaces. Cera asked about the construction schedule. Linn said he hopes to start construction next spring. Kluchka said he is sensitive to how buildings Iook on all sides and asked the applicant if he is willing to upgrade the facades with some articulation or windows, even if they are non-functioning, so there aren't just plain brick walls. Linn said he is proposing to upgrade all the walls. He noted that the back side of the proposed new building would be up against a wooded area along the creek so having windows along that side wouldn't be practical and could cause safety issues. Kluchka asked the applicant if he is open to design enhancements. Linn said yes, it if they are for practical reasons. Kluchka asked the applicant if he would limit the number of empty spaces on the proposed pylon sign because he is concerned about the sign showing empty tenant space. Linn said he would ultimately build the pylon sign for the number of tenants that are in the building. Minutes of the Golden Valley Planning Commission August 27, 2012 Page 4 Segelbaum asked the applicant if he has built combination gas station/retail stores in the past. Linn said yes, he has built several. Kisch asked the applicant if any thought had been given to alternative stormwater management techniques given the site exceeds the impervious surface requirements. Linn said it is his intent to add tanks underground that would re-use most of the car wash water and substantially reduce water usage. Jared Jones, Civil Engineer, MFRA, said he would be working with the Bassett Creek Watershed Management Commission (BCWMC) regarding the stormw�ter management on the site. He said there is currently an environmental manhole on site#or the gas station and they are proposing to add a filter manhole for the retail portion of the site to bring the property into conformance with BCWMC requirements. Kisch asked Jones if they'have considered adding bio-swales or other mechanisms to help with filtration as well. Jones said yes, but due to the soils some mechanisms have been ruled out, however they will continue to work with BCWMC. Waldhauser referred to the plans and asked if the retaining wall shown will direct water from the parking lots into the manholes. Jones said yes. Kisch asked the applicant if he would be open to adding more trees to the site. Linn said yes, he would be willing to work with staff to revise his landscape plan. Waldhauser opened the public hearing. Seeing and hearing no one wishing to speak, Waldhauser closed the public hearing. Cera said he likes the proposal and thinks it will be a great enhancement to the property. Kluchka questioned if language regarding specific design materials should be required to be included in the PUD plans: Cera suggested adding language to their recommendation which states that equivalent materials to what the Planning Commission was shown should be used:Kisch said s�ecific materials can be addressed during the Final PUD Plan review. KlucMka said the Planning Commission has been burned in the past when things wer�n't,requ�ired �t��the Preliminary stage. He added that he wants specific samples listed in the des��n�do�urrients. Kisch said he is hesitant to require specific design criteria at this st�ge b�cause`he knows how much designs can change. He suggested requiring a design plan be submitted with the Final PUD plan. Segelbaum said he is concerned about whether the parking requirements have been studied enough. Kisch said the site looks Iike it is maxed out to parking capacity and there isn't much room to add more parking spaces. Segelbaum questioned if the site is suitable for retail uses. MOVED by Cera to recommend approval of the Preliminary PUD request to allow for the construction of a retail/service facility on the east side of the property located at 600 Boone Avenue North subject to the following conditions: Minutes of the Golden Valley Planning Commission August 27, 2Q12 Page 5 1. Design consideration be discussed in the Final PUD plan review including materials and the PowerPoint presentation given at this meeting become a part of the presentation to the City Council as an example of the materiats to be used. 2. Further Discussion of the parking requirements. How the applicant came to the proposed number of parking spaces and consideration of having fewer parking spaces in relationship to amount of impervious surface. 3. Consideration of additional alternative stormwater management beyond the environmental manhole. 4. An enhanced landscape plan, recognizing the need for visibility of the site and signage. Kluchka said he is concerned about the unarticulated walls on the north and south sides of the buildings. He said the fronts of the buildings are pleasant but the other wal�s are not, especiatly when considering that this intersection is a gateway to the City.` Cera added another condition that there be a discussion of enhancing the facades on all sides of both buildings. Linn noted that there is a berm on the east side and a good,portion of the east side will be blocked from view. He added that he is willing to work with the City regarding these concerns but he doesn't think there will much enhancement made by adding a lot of decorative items. There wifl just be more expen�e and more maintenance. Kluchka said his main concern is the pedestrian view of the north elevation. Kisch agreed that the elevation on the north side of the proposed new building could be enhanced. Cera restated his motion with the following conditions and findings: Conditions �. The plans submitted with the application shall become a part of this approval. 2. The recommendafions and requirements outlined in the memo from Deputy Fire Marshal Ed Anderson to'Mark'Grimes, Director of Planning and Development dated July 30, 201�, shall become part of this approval. 3. The reeommendations and requirements outlined in the memo from City Engineer Jeff Oliver and Public UVorks Specialist Eric Eckman to Mark Grimes, Director of Planning and Development, dated August 22, 2012, shall become a part of this approval. 4. All signs on the property must meet the requirements of the City's Sign Code. 5. There shall be further discussion of the design and design specs, including materials, as part of the Final PUD Plan. Also, the buildings are to look like the ones shown in the applicant's PowerPoint presentation. 6. There shall be discussion between staff and the applicant regarding the appropriate amount of parking for the site. 7. There shall be discussion between staff and the applicant regarding alternative storm water management options. 8. An enhanced landscape plan shall be considered. 9. This approval is subject to all other state, federal, and local ordinances, regulations, or laws with authority over this development. Minutes of the Golden Valley Planning Commission August 27, 2012 Page 6 Findinqs 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 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 preservation) of the land. 4. The PUD Plan results in development 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 �eneral 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. The motion was seconded by Schmidgall and carried unanimously. Informal Public Hearing — Minor Subdivision — 1540 and 1550 St. Croix Circle — Golden View Addition — U06-04 Ap �cants: Dave & Cindy Ilman and Jeff & Heidi es Addresse � 1540 and 1550 t: Croix Circle Purpose: To ow the ap licants t configure three existing single family reside "al lots i to th new single family residential lots. Hogeboom referred to a location and explained that the applicants are proposing to subdivide their properties at 1 1550 St. Croix Circle (along with the parcel to the east) into three new resident� ots. e ated that the house at 1540 St. Croix Circle will be removed and`two new es wil be b He referred to the survey of the properties and noted that the remn t property o the ea ill become part of 1550 St. Croix Circle and the sizes of the n lots will be s follows: Lo will be 52,180 sq. ft. Lot 2 will be 43,620 sq: ft. and 3 will be 99,7 sq. ft.. Hogeboom ex ined that this subdi ision request will requir variance from the Subdivision de because the lots n't have 80 feet of width a e front setback line. The appli ts couid construct a hal cul-de-sac in order to make t lots wider at the front bu aff has requested that no be done because it will create m impervious surfac and maintenance issues. W hauser asked if there has been any consideration of requiring a larger/deeper front y d setback since the lots are narrower at the front. Segelbaum noted that in order to eet the side yard setback requirements the homes will have to be set back further from the front property line. �i��� �.f ;� �:a..� r - ' �/ Y ��, �.' Planning D epartment � 763-593-8095/763-593-8109(fax) Date: August 15, 2012 To: Planning Commission From: Joe Hogeboom, City Planner Subject: Informal Public Hearing- Preliminary PUD Plan —Boone Avenue Convenience Center PUD No. 110- Linn Investment Properties, Applicant Background and Description of Proposal Linn Investment Properties, owner of the property at 600 Boone Ave. No. is seeking to obtain a Planned Unit Development (PUD) Permit for the construction of a retail/service facility on the east side of the site. As part of the proposal, the existing gas station would remain (althaugh it may be rebranded in the future). The new retail/service facility would have four possible suite locations. Both buildings would function as a cohesive development, featuring similar architectural styles and landscaping. Internal traffic circulation and shared parking would also be a component of the site. The existing gas station site would be remodeled. The property is guided for long-term retail and service uses in the Comprehensive Plan, and is zoned "Commercial." No changes to zoning or to the Comprehensive Plan would be required for this proposal. The site is 1.87 acres in size and is bounded by Boone Avenue to the west, Golden Valley Road to the north, Highway 55 to the south and Bassett Creek to the east.The proposed PUD would re-plat the property into two separate lots; one lot for each building. The site's proximity to Bassett Creek presents a set of issues which are identified in the Public Works Department's memorandum. Justi�cation for Consideration as a PUD Section 11.55 of City Code states that the PUD process is an optional method of regulating land use in arder to permit flexibility in uses allowed, setbacks, height, parking requirements and number of buildings on a lot. Staff has determined that this application qualifies as a PUD because it achieves the following standards established in City Code: • Achieves a high quality of site planning, design, landscaping, and building materials which are compatible with the existing and planned land uses. • Encourages preservation and protection of desirable site characteristics and open space and protection of sensitive environmental features including steep slopes, trees, scenic views, water ways, wetlands and lakes. • Encourages creativity and flexibility in land development. • Encourage efficient and effective use of land, open space, streets, utilities and other public facilities. • Allow mixing land uses and assembly and development of land to form larger parcels. • Encourage development in transitional areas which achieve compatibility with all adjacent and nearby land uses. • Achieve development consistent with the Comprehensive Plan. • Achieve development consistent with the City's redevelopment plans and goals. In order to be approved as a PUD, the City must be able to make the following findings: 1. Quality Site Planning. The PUD plan is tailored to the specific characteristics of the site and achieves a higher quality of site planning and design than generally expected under conventional provisions of the ordinance. 2. Preservation. The PUD plan preserves and protects substantial desirable portions of the site's characteristics, open space and sensitive environmental features including steep slopes, trees, scenic views, creeks, wetlands and open waters. 3. Efficient— Effective. The PUD plan includes efficient and effective use (which includes preservation) of the iand. 4. Compatibility. The PUD Plan results in development campatible with adjacent uses and is consistent with the Comprehensive Plan and redevelopment plans and goals. 5. General Health. The PUD plan is consistent with preserving and improving the general health, safety and general welfare of the people of the City. 6. Meets Requirements. The PUD plan meets the PUD Intent and Purpose provision and all other PUD ordinance provisions. Recommendation Staff recommends approval of the Preliminary Plan for Boone Avenue Convenience Center PUD No. 110, subject to 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 July 30, 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 August 22, 2012, shall become a part of this approval. 4. All signs on the property must meet the requirements of the City's Sign Code. 5. This approval is subject to all other state, federal, and local ordinances, regulations, or laws with authority over this development. Attachments Location Map (1 page) Memo from City Engineer leff Oliver and Public Works Specialist Eric Eckman dated August 22, 2012 (5 pages) Memo from Deputy Fire Marsha) Ed Anderson dated July 20, 2012 (1 page) Applicant's Narrative (1 page) Site Plans (13 pages) ���� �� � � ��, � Public Works Department � 763-593-8030 i 763-593-3988 (fax) Date: August 22, 2012 To: Mark Grimes, Director of Planning and Development from: Jeff Oliver, PE, City Engineer Eric Eckman, Public Works S a ist Subject: Preliminary PUD Plan Review— Boone Avenue Convenience Center& Retail Building (600 Boone Avenue North) Public Works staff has reviewed the Preliminary PUD Plans for the Boone Avenue Convenience Center and Retail Building. The proposed subdivision is located at 600 Boone Avenue North and is bounded by Trunk Highway 55 on the south, Boone Avenue on the west, Golden Valley Road on the north, and Bassett Creek on the east. The development consists of dividing the existing property into two lots which will have shared parking and access. The existing gas station will remain on the west lot and a new retail building will be constructed on the east lot. This memorandum discusses issues identified during the Public Works review that must be addressed prior to approval of the Final PUD Plans. The comments contained in this review are based on the plans submitted to the City on July 26, 2012, and revised August 14, 2012. A Subdivision Agreement will be drafted by the City which will outline additionai conditions and costs associated with the development. Site Plan and Access The development consists of dividing the existing property into two new lots. There is an existing BP gas station on the west lot (Lot 1) and the plan calls for expansion and upgrade of the existing convenience center and car wash facilities. A new 4,920 square foot multi-tenant retail building will be constructed on the east lot (Lot 2). The existing street system in the vicinity of this development is adequate to accommodate the new vehicle trips generated by the development. The two buildings will share parking facilities and street access from Boone Avenue and Golden Valley Road. The three existing entrances to the site will remain in place and a new private concrete sidewalk will be constructed near the east entrance to connect the parking lot to the City's sidewalk on Golden Valley Road. While the commercial driveway aprons will remain, portions of the two driveways on Golden Valley Road will be removed and replaced. A Right-of- G:\Developments-Private\Boone Ave Convenience(600 Boone)PUD 110 Linn First Addn\600 Boone Ave Prelim PUD Plan review REV l.docx Way Management permit is required for this work and for all excavations and obstructions in public right-of-way. The developer or builder will be required to obtain the appropriate permits for all activities associated with demolition, remodeling, and removals prior to commencing work. The new retail building on Lot 2 will be set back a minimum of 50 feet from the top of bank of Bassett Creek in order to comply with the City's Shoreland Management Ordinance. Preliminarv Plat The property proposed for development is adjacent to Trunk Highway 55. Therefore, the plans must be submitted to MnDOT for review and comment. The developer will be required to dedicate any additional right-of-way deemed necessary by MnDOT. The property was previously unplatted and a number of public easements have been dedicated across the site. There are several existing easements that were granted for streets, roads, roadways or walkways, drainage and utility purposes. These existing easements must be vacated and rededicated appropriately on the final plat. In addition, a Maintenance Agreement for a water quality pond that was not constructed will also need to be discontinued. Upon receipt of the Easement Vacation application, the City will coordinate the vacation process and the public hearing will occur on the same date as the final plat consideration by City Council. As part of the application, the developer must provide an exhibit showing the existing easements to be vacated, along with the proposed final plat. There is an existing sanitary sewer easement along the south side of the property to accommodate the Metropolitan Council Environmental Services (MCES) 36-inch force main. A copy of this easement mus# be provided to the City, and the new drainage and utility easement dedicated on the south boundary must match the MCES easement. Utilitv Plan The City's sanitary sewer and water systems that provide service to these properties have adequate capacity to accommodate the proposed development. The developer has demonstrated that extension of services is possible as shown on the Utility Plan. There is an existing six-inch diameter sanitary sewer lateral serving the gas station. This service lateral will be extended east to serve the new retail building. Like the existing service,the new pipe will be insulated and installed on piling. The proposed plan shows a cleanout at one of the bends in the service. The developer must install manhole structures rather than cleanouts at all bends and access points. The sewer service will be privatefy owned and maintained. The new water main serving the retail building will be a six-inch diameter ductile iron pipe.The service will connect the building from the City's 12-inch water main located within the Trunk Highway 55 right-of-way. The water service will be privately owned and maintained.The water service will cross the MCES 36-inch force main just south of the building; therefore, MCES must be notified prior to commencing work. G:\Developments-Private\Boone Ave Convenience(600 Boone)PUD 110 Linn First Addn\600 Boone Ave Prelim PUD Plan review REV 1.docx 2 The developer or contractor will be required to obtain the appropriate sewer and water permits and right-of-way permits from the City for installation of the sanitary sewer and water services to the new building. In addition, permits may be required from MCES and MnDOT for work within their respective easements and rights-of-way. The City has an Inflow and Infiltration Ordinance that requires the sanitary sewer service to be brought into compliance when developing or subdividing a property. City records show that an application was made on August 20, 2012, for the initial inspection of the sewer iateral at the gas station building at 600 Boone Avenue North. The sewer laterals serving the gas station and the new retail building must achieve compliance with the Inflow and Infiltration Ordinance, prior to occupancy of each building. Stormwater Management and Gradin� The property being redeveloped is located within the Main Stem sub-district of the Bassett Creek Watershed; therefore, it is subject to the review of the Bassett Creek Watershed Management Commission (BCWMC). The BCWMC witl review the plans for floodplain impacts and for compliance with its water quality standards. Based upon the increase in impervious surface area, best management practices which reduce phosphorus will be required in order to meet the non- degradation policies of the BCWMC. This redevelopment is also subject to the City's Stormwater Management Ordinance. A City Stormwater Management Permit will be required before the start of construction. Upon review and approval of the stormwater management plans by the City, the developer must submit the plans to the BCWMC for its review and comment. This redevelopment is subject to the City's Floodplain Management Ordinance, due to its proximity to Bassett Creek. The lowest floor elevation of new principal structures must be a minimum of two feet above the base flood elevation to ensure adequate flood protection. According to the grading plan submitted, the finished floor elevation of the retail building will meet this requirement. Portions of the property being redeveloped are within the Federal Emergency Management Agency (FEMA) designated floodplain for Bassett Creek; however, the property is protected by a flood control levee constructed by the City in 2005, as part of the City's reconstructipn of Boone Avenue. The reconstruction project also included the construction of a storm water pond, lift station, and levee in the northeast quadrant of Boone Avenue and Golden Valley Road. In order to prevent increased flooding in other portions of the Bassett Creek Watershed, the City was required to provide mitigating flood storage as part of the 600ne Avenue project. This flood storage volume was provided within the General Mills Nature Preserve, located east of Trunk Highway 169 and south of Trunk Highway 55. The total floodplain mitigation provided by the project was 37.03 acre-feet (one acre covered with one foot of water). The construction of the Boone Avenue project did not address the water quality requirements of this or any other property protected by the flood con#rol levee. G:\Developments-Private\Boone Ave Convenience(600 Boone)PUD 110 Linn First Addn\600 Boone Ave Prelim PUD Plan review REV 1.docx 3 In order to prevent flooding elsewhere along the creek and to ensure that adequate flood storage continues to remain available in the General Mills Nature Preserve, the developer is required to quantify the volume of fill placed below the Base Flood Elevation (BFE) of Bassett Creek. The developer has calculated a total of 255 cubic yards or 0.16 acre-feet of fill proposed to be placed below the BFE of 888.0 feet. Therefore, adequate compensating flood storage remains available in the General Mills Nature Preserve. A diagram showing the areas and volumes of fili on the site will be required with the Final PUD Plan submittal. Because the developer will be placing fill below the BFE and constructing the new building at or above the Regulatory Flood Protection Elevation (RFPE) of 890.0 feet, it is likely that the building and a portion of the property can be removed from the FEMA designated flood hazard area. In order to accomplish this, the developer has applied for a Conditional Letter of Map Revision (CLOMR) from FEMA. Following construction, the developer will need to submit construction record plans and complete a Letter of Map Revision (LOMR) application to officially remove the flood hazard designation. According to the grading plan submitted, the proposed retail building will encroach into the west side of the flood control levee constructed by the City. As shown on the plans, the developer will construct a retaining wall to maintain the integrity of the levee for flood protection. The retaining wall has been adequately shown on the plans. While the developer will construct the retaining wall, the City will own and maintain the wall as an integral part of the levee. The City's consultant will design the wall and observe the construction of the wall. The developer will be required to post a deposit with the City to pay for the cost of plan review, design, and construction observation of the retaining wall. These costs will be included in the subdivision development agreement drafted by the City. There are existing storm sewer facilities current�y serving the site, including an environmental manhole located in the northwest corner of the site. New storm sewer facilities will be extended to serve the proposed retail building. The utility plan shows a pipe crossing the MCES force main. Similar to the water service discussed earlier in this review, MCES must be notified of this work before starting. The developer is proposing the construction of a Hydro International Up-Flow Filter Manhvle to provide additional water quality treatment required by the City and the BCWMC. The developer must provide the manufacturer's specifications and details for the structure with the final plan submittal. All storm sewer facilities on site will be privately owned and maintained. As such, a maintenance agreement between the City and the owner will need to be recorded that will cover both environmental manholes. In addition, as a condition of approval of the development, documentation will need to be provided to the City that the existing environmental manhole has been inspected and cleaned, consistent with City standards. G:\Developments-Private\Boone Ave Convenience(600 Boone)PUD 110 Linn First Addn\600 Boone Ave Prelim PUD Plan review REV 1.docx 4 Tree Preservation and Landscape Plans This development is subject to the City's Tree Preservation Ordinance; however, the City Forester has reviewed the plans and inspected the site and has determined that there are no significant trees on the site. Therefore, no Tree Preservation Permit is required for this development. The landscape Plan submitted identifies the placement of sod on the disturbed areas of the City's flood control levee. Prairie Restorations, Inc. currently assists the City in managing the vegetation on the levee. The City will consult with Prairie Restorations to determine the acceptable ground cover for the levee and will notify the developer if changes to the plans are required. 1n addition, the plan shows trees planted on the levee. The trees must be removed from the plan, consistent with guidelines set forth by FEMA for construction and maintenance of the levee. Summarv and Recommendations Public Works staff recommends approval of the Preliminary PUD Plans for the Boone Avenue Convenience Center and Retail Building, subject to the comments contained in this review. These comments are summarized as follows: 1. All existing easements in favor of the City must be vacated and rededicated on the final plat. 2. The existing building on this site must become compliant with the City's Inflow and Infiltration Ordinance, prior to approval of the PUD. The proposed building must became compliant prior to issuance of a Certificate of Compliance. 3. Approval is subject to the review and comments of the Bassett Creek Watershed Management Commission, the Minnesota Department of Transportation, and the Metropolitan Council Environmental Services. 4. The developer must enter into a development agreement, pay all fees and post all securities and/or deposits as determined necessary in this or subsequent reviews. Approval is also subject to the comments of other City staff and other agencies. Please feel free to call me if you have any questions regarding this matter. C: leannine Clancy, Director of Public Works Mark Kuhnly, Chief of Fire and Inspections Mitch Hoeft, Engineer AI Lundstrom, Parks Maintenance Supervisor and City Forester Dave Lemke, Utility Maintenance Supervisor Joe Hogeboom, City Planner Gary Johnson, Building Official fd Anderson, Deputy Fire Marshal) G:\Developments-Private\Boone Ave Convenience(600 Boone)PUD 110 Linn First Addn\600 Boone Ave Prelim PUD Plan review REV 1.docx 5 ('�,��1 ��� ���,, � �� F' t��,. . �`�� 1re Department 763-593-8079/763-593-8098(fax) Date: July 30, 2012 To: Mark Grimes, Director of Planning and Zoning From: Ed Anderson, Deputy Fire Marshal Subject: PUD 110— Preliminary Plan for 600 Boone Avenue North Convenience Center I have reviewed the application packet for the preliminary PUD plan for the property located at 600 Boone Avenue North. The application packet indicated new multi-tenant separate building and the remodeling of the existing building. Listed below are the fire department comments for both existing and new buildings. 1. The entire site shall meet the requirements for the fire department apparatus access including, but not limited to, access roads, proper turning radius and the installation of "No Parking Fire Lane° signs in accardance with MN Fire Code and Golden Valley City Ordinance. 2. The fire apparatus access road in excess 150 feet in length shall be provided with an approved area for turning around fire apparatus. 3. A Post Indicator Valve (PIV) will be required for the building site. 4. The fire protection system for the new building shall be installed and maintained in accordance with MN State Fire Code. 5. The existing building fire suppression system shall be required to be extended, altered or augmented as necessary to maintain and continue protection whenever the building is altered, remodeled ar added to. Alterations to the fire protection systems shall be done in accardance with MN State Fire Code. If you have any questions, please contact me at 763-593-8065, or e-mail �anderson(a��aldenvalleymn.�ov EA/j I Linn Investment Properties, LLC Boone Ave Convenience Center& Retaii Building Project Narrative July 26, 2012 The proposed Boone Avenue Convenience Center will make a significant upgrade in both function and image to this prominent location. The two facilities work in conjunction with improved traffic flow and shared access and parking. The buildings are situated to take advantage of the visibility from the intersection, and the new retail building is placed adjacent to Hwy 55 and features an outdoor patio. The parking is broken into smaller fields and does not dominate the Hwy 55 view. Four sided architecture is proposed due to the visibility of the site. Pedestrian connections are made to each building as well as linking to the pubtic sidewalks. The sidewalks will be upgraded to allow the proper handicap and elderly access. A hedge row of landscaping has been added to the north side of the site to screen headlights. The existing convenience store will be enhanced with new EIFS signage areas and features an upper cornice to enhance the skyline. Stone pilasters with brick base and decorative light fixtures are added on all facades. The car wash entry repeats the front architectural details. Black awnings and metal entry canopy add to the interest. Both buildings are designed to be compatible with the use of the same brick, stone, CMU and EIFS. The gas canopy will be enhanced with brick columns to match the architecture. The retail building has maximized the glass storefronts by wrapping the glass around the sides. The car wash has added windows to allow for natural light to avoid the effects of claustrophobia while using the car wash. The car wash also features a sustainable element by reclaiming the used water for re-use. 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