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12-17-13 CC Agenda Packet (entire) AGENDA Regular Meeting of the City Council Gotden Valley City Hall 7800 Golden Valley Road Council Chamber December 17, 2013 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. RoN Call B. Pledge of Allegiance C. People Responding in Social Ministry (PRISM) Presentation 3 2. ADDITIONS AND CORRECTIONS TO AGENDA 3. CONSENT AGENDA Approval of Consent Agenda -All items listed under this heading are considered to be routine by the City Council and will be enacted by one motion. There will be no discussion of these items unless a Council Member or citizen so requests in which event the item will be removed from the general order of business and considered in its normal sequence on the agenda. A. Apprvval of Minutes: Council/Manager- September 1 Q, 2013 4 B. Approval of Check Register: 1. City 5 2. Housing and Redevelopment Authority 6 C. Licenses: 1. General Business Licenses 7-8 Z. City Gambling Licenses 9 D. Minutes of Boards and Commissions: 1. Environmental Commission - October 28, 2013 10 2. Human Rights Commission - October 22, 2013 11-13 3. Joint Water Commission - September 4, 2013 14-15 4. Open Space and Recreation Commission - September 23, 2013 16-17 5. Envision Connection Praject Executive Board - October 17, 2013 18-21 6. Joint Environmental and Open Space and Recreation Commission- 22-23 October 28, 2013 E. Bids and Quotes: 1. MT Trackless Trailer and Attachments - Quotes 24-25 2. Potice SUV - Quotes 26-27 3. F550 Cab and Chassis Truck - Quotes 28-29 F. Letters and/or Petitions 1. Informal Petition from Laurel Hills East, 59Q1 Laurel Avenue, Regarding 30-33 Railroad Crossing Quiet Zone G. Authorization to Sign First Amendment to Agreement for Animal Pound Services with 34-44 City of Robbinsdale H. Authorization to Sign Agreement with Sojourner Project Inc. for pomestic Assault 45-48 Intervention Services I. Acceptance of Donations for Ongoing Programs and Other Miscellaneous Donations 49-54 13- 109 3. CONSENT AGENDA - CONTINUED J. Receipt of November 2013 Financial Reports 55-63 K. Authorization to Sign Engagement Letter with Malloy, Montague, Karnowski, 64-71 Radosevich, & Co. for 2013 Audit Services L. Amendments to 2013 General Fund Budget and Transferring Funds from Building 72-75 Fund to Park Improvement Fund 13-110 and 13-111 M. Approval of 2014 General Wages and Salaries for Non-union Personnel 13-112 76-79 4. PUBLIC HEARINGS 7 PM A. Public Hearing - Easement Vacations - Meadowbrook School P.U.D. No. 90 and 80-87 Meadowbrook School Addition - 5400 and 5430 Glenwood Avenue 13-113 B. Public Hearing - Ordinance #513 - Final Design Plan Approval - PUD #113 -The 88-142 Xenia - Slosburg Company, Applicant C. Public Hearing - Drainage Easement Vacations - Registered Land Survey No. 661 - 143-149 700 and 800 Xenia Avenue South - The Xenia Apartments 13-114 D. Public Hearing - Preliminary Plat Appraval - Eldridge 7th Addition - 4824 Triton Drive - 150-167 A.K.A.R.E. Companies LLC, Applicant 5. QLD BUSINESS 6. NEW BUSINESS A. Approval of Piat 13-115 - Meadawbrook School 3rd Addition PUD No. 90 and 16$-173 Authorization to Sign Amended PUD Permit - PUD No. 90 - Amendment#3 B. Approval of Plat 13-116 - Xenia Apartments PUD No. 113 and Authorization to Sign 174-180 PUD Permit and PUD Development Agreement - The Xenia PUD No. 113 C. Authorization to Sign Amended PUD Permit - Eldridge 3rd Addition PUD No. 109 - 181-190 Amendment #1 D. Authorization to Sign Amended PUD Permit - MINI Cooper PUD #63 -Amendment#3 191-197 E. First Consideration - Ordinance #514 -Amendment to Section 10:23: Fire Protection 198-208 (Recreational Fires) F. Announcements of Meetings G. Mayor and Council Communications H. Recognition of Service - Council Members Paula Pentel and DeDe Scanlon 7. ADJOURNMENT $r��� t.+� ,�,gi,Y � City Administration/Cauncil 763-593-3991 /763-593-8109(fax) � �� �� Executive Summary For Action Golden Valley City Council Meeting December 17, 2013 Agenda Item 1. C. People Responding in Social Ministry (PRISM) Presentation Prepared By Thomas D. Burt, City Manager Summary Michelle Ness, Executive Director, will attend the meeting and make a brief presentation on the services they provide. Council/Manager Meeting Minutes September 10, 2013 Present: Mayor Harris and Cauncil Members, Clausen, Pentel, Scanlon and Schmidgall, City Manager Tom Burt, Assistant City Manager Chantell Knauss, Finance Director Sue Virnig, Director of Parks and Recreation Rick Birno, Director of Public Works Jeannine Clancy, City Engineer Jeff Oliver, Golf Operations Manager Ben Disch, Golf Gourse Maintenance Supervisor Greg Spencer and Administrative Assistant Lisa Wittman. The meeting began at 6:30 pm in the Council Conference Room. Legislative Agenda Tom Burt noted that for a number of years the City has adopted Legislative Policies. He stated that some of the priorities for Council discussion this year include Douglas Drive funding, Highway 969 improvements, Emerald Ash Borer funding for tree removal, levy limits, fiscal disparities, official newspaper vs. web site and requesting that Glenwood Avenue be part of the County's five-year CIP. The Council discussed adding Golden Valley Road improvements to the list of priorities because of potential issues with the Bottineau Transitway. After discussion, the Council consensus was to bring back a formal list of Legislative Policies to the November Council/Manager meeting for further discussion. Biennial 2014-2015 Proposed General Fund Budget— Other Funds The Council reviewed the following budgets: Brookview Golf Course, Motor Vehicle Licensing, Conservation/Recycling, Storm Utility Fund, Human Services Fund, and Vehicle Maintenance Fund. Staff answered Council questions. Ben Disch discussed how the weather tremendously impacted the golf course this year. He gave an update on the golf course business, programs, and security and stated that he would like to pursue obtaining a liquor license in 2014. The Council discussed some of the needed improvements at Brookview. After discussion and questions, no changes were directed by the Council. Biennial 2014-2015 Proposed General Fund Budget The Council reviewed the General Fund Budget and the Tax Levy Payable. Chantell Knauss gave a summary of a compensation study that was done earlier this year. As a result of the study there are approximately 12 positions that were determined to be out of market. She stated that staff is suggesting that these positions be adjusted in phases starting with the ones that are most out of scale. The Council consensus was to move forward with the market adjustments. The meeting adjourned at 8:50 pm. Lisa Wittman Administrative Assistant ci�y ��f . Finance Department 763-593-8013/763-593-8109(fax) Executive Summary For Action Golden Valley City Council Meeting December 17, 2013 Agenda Item 3. 6. 1. Approval of City Check Register Prepared By Sue Virnig, Finance Director Summary Approval of the check register for various vendor claims against the City of Golden Valley. Attachments • Document sent via email Recommended Action Motion to authorize the payment of the bills as submitted. 6r 1�6^� L/� ��,�. �! Finance Department 763-593-8013/763-593-8109{fax) �:��'�����°. � � �°:. . � _ .._ �.. Executive Summary For Action Golden Valley City Council Meeting December 17, 2013 Agenda Item 3. 6. 2. Approval of Housing and Redevelopment Authority Check Register Prepared By Sue Virnig, Finance Director Summary Approval of the check register for various vendor claims against the Housing and Redevelopment Authority. Attachments • Document sent via email Recommended Action Motion to authorize the payment of the bills as submitted. ���� �� ;� i ��„ ��� Inspections Department 763-593-8090/763-593-3997(fax) _... .. . . . � `t'+�i :,, Executive Summary For Action Golden Valley City Councit Meeting December 17, 2013 Agenda Item 3. C. 1. General Business Licenses Prepared By Shannon Dietrich, Administrative Assistant Summary As per City Code, some businesses are required to be licensed by the City. Listed below are the license number, applicant name and address, license type and fee of those who have submitted an application for approval. #6767 Adelemore Incorporated Cigarettes/Tobacco $ 275.00 d/b/a United Liquors#2 7751 Medicine Lake Road #6768 Down in the Valley, Inc Cigarettes/Tobacco $ 275.00 8020 Olson Memorial Highway #6765 Feist Automotive Group Cigarettes/Tobacco $ 275.00 d/b/a Feist Automotive 1875 Lilac Drive North #6775 Freddie Petroleum Cigarettes/Tobacco $ 275.00 d/b/a Amstar Gas Station 9405 Medicine Lake Road #6758 Golden Valley Liquor Barrel, Inc Cigarettes/Tobacco $ 275.00 7890 Olson Memoria) Highway #6764 Holiday Stationstores, Inc Cigarettes/Tobacco $ 275.00 d/b/a Holiday Stationstores#130 7925 Wayzata Boulevard #6766 KKS Inc- Potpourri Gifts Cigarettes/Tobacco $ 275.00 5500 Wayzata Boulevard #6772 Linn Retail Centers, Inc Cigarettes/Tobacco $ 275.00 d/b/a Golden Valley BP 600 Boone Avenue #6762 Northern tier Retail LLC Cigarettes/Tobacco $ 275.00 d/b/a Superamerica #4443 1930 Douglas Drive #6763 Northern tier Retail LLC Cigarettes/Tobacco $ 275.00 d/b/a Superamerica#4497 6955 Market Street #6759 RZMP Corporation Cigarettes/Tobacco $ 275.00 d/b/a Schull�r's Tavern 7345 Country Club Drive #6760 Scoreboard, Incorporated Cigarettes/Tobacco $ 275.00 d/b/a JJ's Clubhouse 6400 Wayzata Boulevard #6769 Walgreen Company Cigarettes/Tobacco $ 275.00 d/b/a Walgreen's#430 5659 Duluth Street #6771 Walgreen Company Cigarettes/Tobacco $ 275.00 d/b/a Walgreen's#13841 2500 Winnetka Avenue Recommended Action Motion to authorize the issuance of licenses as recommended by staff. Gl�� C�� I; City Administration/Council 763-593-3997 /763-593-8109(fax) Executive Summary For Action Golden Valley City Council Meeting December 17, 2013 Agenda Item 3. C. 2. City Gambling Licenses Prepared By Judy Nally, Administrative Assistant Summary Listed below are the organizations that are renewing their gambling license. Chester Bird American Legion Post#523 Chester Bird American Legion Post#523 20Q Lilac Drive North 200 Lilac Drive North Golden Valley, Minnesota 55427 Golden Valley VFW Post#7051 Golden Valley VFW Post#7051 7775 Medicine Lake Road 7775 Medicine Lake Road Golden Valley, Minnesota 55422 Minnesota Youth Athletic Services JJ's Clubhouse 1011 Osborne Road 6400 Wayzata Boulevard Spring Lake Park, Minnesota 55432 Crystal Lions Schullers Tavern P O Box 28106 7348 Country Club Drive Crystal, Minnesota 55422 Recommended Action Motion to approve the City gambling licenses as follows: Chester Bird American Legion Post#523; Golden Valley VFW Post#7051, Minnesota Youth Athletic Services and Crystal Lions. GOLDEN VALLEY ENVIRONMENTAL COMMISSION Regular Meeting Minutes October 28, 2013 Present: Commissione,rs Tracy Anderson, Tonia Galonska, Lynn Gitelis , Dawn Hill, Jim Stremel, Debra Yahle; Jeannine Clancy, Public Works Director, Eric Eckman, Public Works Specialist and Lisa Nesbitt, Administrative Assistant Absent: Commissioner Kyle Turner 1. Call to Order Stremel caUed the meeting to order at 8:30 pm. 2. Approval of Reqular Meetinq Minutes — September 23, 3013 MOVED by Hill, seconded by Gitelis. A correction will be made to item #7 to change "Pre- Energy Coalition" to "Clean Energy Coalition". The motion carried unanimously to approve the minutes of the September 23, 2013 meeting as amended. 3. Citv Wide Survev Results Commissioners reviewed the results of the 2013 city survey. 4. Proqram/Proiect Updates Summary on-file. Additionally Clancy reported that the 3.9.4 final plat was approved by CounciL 5. Commission Member Council Reports None 6. Other Business Clancy reported that the revisions to the recreational fire ordinance did not pass on the second reading and was referred back to staff. Gitelis reparted that the session has started with a focus on clean energy. Stremel received the contact information, from the Mayor, for the resident inquiring about a community garden in Wesley Park. Gitelis will call the resident. 7. Ad'�ourn MOVED by Hill, seconded by Yahle, and the motion carried to adjourn. The meeting adjourned at 9:15 pm. The next scheduled meeting will be November 25, 2013 at 7 pm. Lisa Nesbitt Administrative Assistant MINUTES Human Rights Commission (HRC) City of Golden Valley 7800 Golden Valley Road Golden Valley, MN 55427 Council Conference Room October 22, 2013 Commissioners present: Andrew Snope, Chair Jonathan Burris Brian Cook Christopher Jordan Carla Johnson Payton Perkins Debra Reisner Commissioners absent: Adam Buttress, Vice-Chair Ethan Meirovitz City Council Liaison: DeDe Scanlon, Council Member Staff Liaison: Chantell Knauss Assistant City Manager The meeting was convened at 6:32 pm by Chair Snope. Approval of September 24, 2013 Minutes Motion by Commissioner Cook, second by Commissioner Burris to approve the minutes. Motion carried 7-0. Council Updates Council Member Scanlon reminded the HRC that the Neighbors Helping Neighbors Fall Raking Blitz will be held October 25 — November 4, 2013. The Raking Blitz is to assist Golden Valley residents who need help raking their yards. Volunteers that are able to help can sign up with the City's Volunteer Coordinator. Finalize Planninq of HRC Conversations "MN Nice?" Commissioner Jordan reported that he had made contact with Katy Cummins-Bakko, currently Robbinsdale Schools Positive Behavioral Interventions and Supports Coordinator and a former social worker, agreed to speak on the panel. The Commissioners discussed the event outline: Welcome & Introductions, Mayor's Message, Movie Viewing, Facilitated Panel Discussion; and Closing Remarks. Commissioners that are speaker contacts will need to get the speakers' biographies for the event program. It was agreed that HRC members would serve as greeters, there would be an option for attendees to write down questions and submit them to the panel; panelists Human Rights Commission October 22,2013 Meeting Minutes Page 1 of 3 should be prepared to talk about what their organizations have available for bullying resources. Commissioner Reisner will provide Knauss with a resources list which will be available as a handout at the event. 2014 Work Plan Ideas: Martin Luther King (MLK), Jr. — Day of Service Commissioner Johnson contacted the Community Action Department at General Mills to inquire about options for their MLK annual event held at the Minneapolis Convention Center. The 2013 MLK event was broadcast live on TPT Channel 2. The St. Paul Area Council of Churches sponsored six different breakfast sites, all in the East Metro area. There was discussion of partnering with a Golden Valley faith community to see if they would be willing to host a remote viewing of the General Mills MLK program, with the HRC sponsoring a continental breakfast. Commissioner Burris will contact Eric Forsberg at the Spirit of Hope Church. The Church had made initial contact with Commissioner Burris to speak on the movie "Trans" that they are hosting. Chair Snope brought the idea of HRC members attending the GVPD Citizens Academy that is held annually in hopes there will be a greater awareness and understanding of law enforcement's role in the community through the education provided through this program. The 2014 Citizens Academy is held over a period of seven weeks on each Tuesday, January 28-March 11 from 6-9 pm. Tapics covered during the course of the seven weeks are: 911 Dispatch Center, police investigations, crime analysis, Hennepin County Crime Lab, Hennepin County Canine Unit, NorthWest Metro Drug Task Force, SWAT Team, Use of Force, and patrol operations. It was the consensus of the HRC to promote the community volunteering opportunities with those organizations that received most recent allocations from the Golden Valley Human Services Fund. Volunteers would be directed to contact the organizations directly. Update on Global Golden Vallev (GGV) Activities No update was available. New Business Commissioner Johnson expressed an interest in a retreat with the HRC to discuss its purpose. The HRC reviewed its By-Laws which state its goals are: • Help build community by creating opportunities for dialogue in the community through promotion and facilitation of human rights issues in collaboration with existing groups. • Seek opportunities for sponsoring and promoting educational opportunities for the community to participate (speakers, seminars, forums, etc.) • Advise the City Council on human rights issues by serving the Council as an advisory board. Human Rights Commission October 22,2013 Meeting Minutes Page 2 of 3 Motion by Commissioner Reisner, second by Commissioner Johnson to hold a HRC Worksession from 5-6:30 pm on Tuesday, November 26, 2013, immediately prior to the HRC's regular November meeting. Motion carried 7-0. There was discussion as to what resources the State of MN HRC has that may be helpful to local HRCs. Commissioner Reisner volunteered to contact the State HRC. Commissioner Jordan brought up the Golden Valley Bill Hobbs Human Rights Award, which is awarded to an individual or group who work to build an environment that promotes fair and equal treatment for everyone, whose special efforts often are unrecognized outside their own circle of friends, co-workers, and neighbors. Commissioners should bring their ideas for Award nominees to the next meeting. 2013 Remaining Meetinq Dates Commissioner Reisner brought up that the HRC's regular December meeting date falls on the 24tn Motion by Reisner, second by Burris to re-schedule the December 24, 2013 Regular HRC Meeting to December 17, 2013 at 6:30 pm. Motion carried 7-0. Ad�ourn Motion by Commissioner Cook, second by Commissioner Burris to adjourn the meeting at 7:49 pm. Motion carried 7-0. Follow-up Items: • Commissioners that are speaker contacts to get speakers' biographies for the event program. ' • Commissioner Reisner to provide Knauss with a resources list which will be available as a handout at the event. • Commissioner Burris will contact Eric Forsberg at the Spirit of Hope Church on MLK event partnership. • Commissioner Reisner to contact the Minnesota State HRC and find out what resources are available for local HRC's. • Commissioners to bring ideas for the Bill Hobbs Human Rights Award nominees to the next meeting. Respectfully Submitted, Chantell Knauss Assistant City Manager Approved by HRC: November 26, 2013 Human Rights Commission October 22,2013 Meeting Minutes Page 3 of 3 JOINT WATER COMMISSION MINUTES Golden Valley - Crystal - New Hope Meeting of September 4, 2013 The Golden Valiey — Crystal — New Hope Joint Water Commission meeting was called to order at 1:36 p.m. in the City of Golden Valley Council Conference Room. Commissioners Present Tom Burt, City Manager, Golden Valley Kirk McDonald, City Manager, New Hope Anne Norris, City Manager, Crystal Staff Present Tom Mathisen, City Engineer, Crystal Randy Kloepper, Utilities Superintendent, Crystal Paul Coone, Acting Director of Public Works, New Hope Bernie Weber, Utilities Supervisor, New Hope Jeannine Clancy, Director of Public Works, Golden Valley Bert Tracy, Public Works Utility Manager, Golden Valley Kelley Janes, Utilities Supervisor, Golden Valley Sue Virnig, Finance Director, Golden Valley Pat Schutrop, Administrative Assistant, Golden Valley Minutes of Auqust 7, 2013 Meetinq MOVED by Norris, seconded by McDonald to approve the minutes of the August 7, 2013 meeting as presented. Motion carried. Amendment to Minneapolis Water Aqreement Clancy was not able to connect with Scott Harder while in Chicago. She will follow up with Scott regarding the amendment revisions made by Minneapolis. Emerqencv Water Supplv System Desiqn Request for Proposals The RFP was sent out to five consultants: TKDA, Progressive Consulting Engineers, WSB, Bolton & Menk, and Barr Engineering Co. Mathisen was told that TKDA, Progressive Consulting Engineers and Bolton & Menk are planning to submit proposals. He has not heard back from WSB or Barr. The goal is to have the design process done so that a tri-city council meeting can be scheduled before the end of the year and the cities' finance directors have what is needed to develop a finance plan. The JWC will be looking for approval to move forward from the three city councils at that meeting. The councils will need to authorize the project by resolution with the financing plan attached and then take action separately at their councii meetings. Approve Purchase of 30- and 36-inch PCP Repair Materials In follow up to the emergency watermain break that occurred in Robbinsdale during the June storms, the JWC directed staff to purchase replacement materials to have on hand in the event a break like this should occur again. Payment for the parts purchase will be charged to the emergency repair of the 36-inch watermain. Joint Water Commission September 4,2013 Page 2 of 2 MOVED by McDonald, seconded by Norris to approve the proposal from Minnesota Pipe and Equipment in the amount of$37,612.66 for necessary repair parts for 30- and 36-inch PCCP pipe based on a failure in a straight run of pipe. Motion carried. Mathisen reported some work still needs to be done with Robbinsdale. Crews are jetting the line. The total cost of the emergency repair will be about $500,000. Countv Road 9 Trunk Watermain Proiect Update Mathisen said the project is still on schedule to go out for bids this winter with construction starting in April or May. Clancy added Mitch Hoeft is in the process of contacting Bergerson-Caswell to look at the water model and find out what the cost will be for the City to manage the model. Next Meetinq The next scheduled meeting is October 2, 2013 at 1:30 pm. Adiournment Chair Burt adjourned the meeting at 1:58 p.m. Thomas D. Burt, Chair ATTEST: Pat Schutrop, Recording Secretary GOLDEN VALLEY OPEN SPACE & RECREATION COMMISSION Regular Meeting Minutes September 23, 2013 1. Call to Order Sandler called the meeting to order at 7:00 PM. Present: Roger Bergman, John Cornelius, Kelly Kuebelbeck, Gillian Rosenquist, Anne Saffert, Jerry Sandler, Dawn Speltz, Dan Steinberg, Rick Birno, Director of Parks and Recreation; and Joanie Clausen, Council Member. Absent: Bob Mattison. 2. Aqenda Chanqes or Additions None. 3. Approval of Minutes — Julv 22, 2013 MOTION: MOVED by Bergman and seconded by Speltz to approve the July 22 meeting minutes. Motion carried unanimously. 4. Bottineau Planninp Advisorv Committee Update Steinberg provided insight on preliminary meetings and noted that he sent items to staff. He will continue to attend the meetings and provide updates to the commission. Park and Recreation staff will attach all updates from Steinberg to future agenda packets. 5. New Proqram Opportunities The commission briefly discussed new program opportunities with regards to: fresh ideas, locations and potential partnerships. Birno commented that Park and Recreation staff will be moving to a process of programming as a team versus independently. He believes a number of new ideas will result from the new process. 6. Election of New Chair Commission chair Sandler updated the commission on the new policy for chair positions on city commissions. After discussion, Sandfer thought it would be appropriate step down as chair and remain on commission. He asked for interested members in filling the position. Bergman nominated Mattison for chair, Cornelius seconded the nomination. Birno noted that Mattison is not in attendance but would call and ask him if he is interested. If Mattison is interested, it will be on the agenda for the October meeting. Minutes of the Golden Valley Open Space and Recreation Commission September 23, 2013 Page 2 7. Updates Brookview Playground Equipment Birno updated the commission on current steps for the new play structure. The public input survey will conclude on Monday, September 30. Staff has scheduled meetings with consultants on Wednesday, October 2. Staff asked for input regarding clarity on key amenities for the new structure. There was extensive discussion regarding the water feature. The commission recommended that in the final design, the following key issues should be implemented: minimize water feature, possibly use low volume misters, add shade throughout the play structure, create barrier free surfaces, large rope climber, expand swings on both age ranges, and create primary structures that have a lot of play value for a variety of kids. Staff will work with consults to meet these goals. The existing playground equipment is 18 years old. Normal life of such equipment is about 13 years old. 8. Future Aqenda Items The commission members requested that the following items be added in the future: - Actual storm damage cost to city - Specific Park and Recreation survey results - Dan Friedman, Three Rivers Park Board member update 9. Adiournment MOTION: MOVED by Bergman and seconded by Saffert to adjourn at 9:10 PM. Motion carried unanimously. Jerry Sandler, Chair ATTEST: Sheila Van Sloun, Administrative Assistant MINUTES Envision Connection Project Executive Board October 17, 2013 7:30 pm City Hall Councii Conference Room Directors Present: Jim Heidelberg (Vice-Chair), Mike Berger, Helene Johnson, Philip Lund, Dean Penk, Wendy Rubinyi, Mike Schleif, Blair Tremere Directors Absent: Lynn Gitelis (Chair), Sharon Glover, Cindy Inselmann, Marshall Tanick Other: Cheryl Weiler (Staff Liaison), Shep Harris (Council Liaison) 1. Call to Order The meeting was called to order by Heidelberg at 7:15 pm with a quorum. Mayor and Council Liaison Harris performed the swearing in ceremony for Mike Berger, the newly appointed board member. 2. Approval of Agenda Harris added Teen Project and Johnson added Naturalization Ceremony. Approval of agenda moved by Tremere and seconded by Schleif. Motion carried. 3. Approval of September 19, 2013 Minutes Moved by Tremere; seconded by Johnson. Motion carried. 4. Work Plan 2014 Work Plan and Budqet Weiler distributed copies of the 2014 budget. Heidelberg asked about budget figures, which Weiler said includes staff time for the Lilac Project but not for other projects, and whether the Board has oversight over staff time aspect. Tremere clarified that perhaps the City amount for staff isn't so much City vs Envision as Envision oversight and formality. Weiler was asked to clarify and report back (see follow-up email to Board).* Lund said even thaugh the Lilac Project came out of Envision, this reflects the cost of City involvement. He also questioned staff involvement in Valley Days and Market In The Valley, and where that fits in. Harris said he thought Valley Volunteer Days was a Golden Valley Community Foundation Event and if so, why is it on this budget. He then suggested starting with the work plan, then moving to each budget figure. Moving on to the work plan, Johnson asked if the $2,000 allocated for Bridge Builder training could be used for other items, like Global Golden Valley. Lund said he'd like a small amount allocated for Bridge Builder quarterly meetings. Tremere suggested looking at events and clarifying the relationship with the Golden Valley Foundation. Harris asked the graup to not get caught up in what is Foundation or what is Envision, but rather what is best for the community. He said occasionally the Council has talked about whether some events are worth it, like the Lilac Project. Tremere suggested that training should be a line item under Bridge Builders. Penk said if the Board wants to support volunteering, then it should support training. Heidelberg asked about the amount needed to run quarterly Bridge Builder meetings. Lund suggested $75 per meeting. Penk wondered about covering the cost of communications—would it all be by email? Board discussed various communications mediums and costs. Penk asked how these costs are accounted for. Heidelberg suggested the Board decide what is needed, how much staff is needed for each event, then present it to the Council as a request. Group agreed, then discussed how to fund possibilities when the Board isn't sure what will occur. Lund moved $2,000 for training, $300 for quarterly meetings, and $700 for new initiatives and efforts. Scheif seconded. Motion carried. Tremere suggested looking at what items the City has taken over, like Neighbors Helping Neighbors, vs other items. Harris explained that if they're going to add anything to the budget, now is a good time for the Council to consider it (see follow-up email to Board).* Johnson moved acceptance of rest of budget. Lund questioned if$100 was enough for VISI Awards. Penk suggested budgeting for six plaques per year at around $250. Schleif moved, Penk seconded, motion carried. Tremere suggested keeping the Lilac Project going as long as the City supports it. Lund moved, Schleif seconded, motion carried. Harris asked if Valley Volunteer Day is a City or a Foundation program. Penk clarified it was a City program. Discussion ensued about need for more staff support from the City's volunteer coordinator and need for a more unified approach for working with volunteers. Lund asked what the Board was funding and reminded group that the last batch of T- shirts was funded by the Foundation. Schleif reminded group this is a starting poinf and moved to continue Valley Volunteer Days with a budget of $600. Tremere seconded. Notion carried. Heidelberg asked if the Board wants to ask the City to allocate more staff time, and Johnson wondered how to be more efficient and effective with current staff time. Penk asked if the City is going to support volunteerism, will it support more staff time? Harris suggested adding more efficient volunteer programming to the work plan and providing the Council with justification to increase the volunteer coordinator's time. Tremere moved to approve Ice Cream Social budget of$900. Schleif seconded. Motion carried. Tremere updated Hall of Fame needs for community contacts, selection, and the event. Cost for the 2013 event was $700, which Tanick paid personally and was reimbursed for by a Foundation grant. Schleif moved to approve the budget of$1,000, Lund seconds, motion carries. Heidelberg asked if there were any other projects for the work plan/budget, and it was agreed the Board had a full plate. Signage to promote events had been discussed at a previous meeting, and the group agreed to add it to the work plan. Tremere asked if signs could be used interchangeably with other City programs. Weiler said she would research options. Schleif suggested budgeting $1,000. Rubinyi amended it to $1,500, Schleif seconded, motion carried. Rubinyi asked to add to the budget a survey to gauge community interest for greenway ideas as well as for a community meeting to rally support and educate people about how to safely create connections over Hwy 55. Harris said to not worry about the budget piece if it's something the Board wants the Council to consider because the 2014 City budget has $100,000 for a community center assessment. He said the Board could recommend that the assessment include a discussion on greenways. Rubinyi asked for support to put the idea on the work plan. Harris provided background on the earlier greenway presentation to the Council and Hennepin County's lack of interest. Tremere reminded everyone that the Board has endorsed the idea but it should be under the purview of the Open Space and Recreation Commission. Harris and Rubinyi said the idea goes beyond Open Space and Recreation, that it's larger than that. Rubinyi proposed a greenway survey as part of the work plan. Johnson said this idea relates to some ideas in the original Envision report. Harris said the community center project will be a big conversation in the community and encouraged the Envision Board to be part of it. Rubinyi moved that the greenway/safe crossings issue be added to the survey the City is contemplating for the community center and that community meetings be held. Heidelberg asked where the item fit on the work plan, and the group agreed it is a separate item. Penk seconded, motions carried. Weiler will find out the proper procedure for adding the greenways issue to the community center survey (see follow-up email to Board).* Heidelberg asked when to deliver the budget (now) and the work plan (Harris suggested waiting until the new Council is seated in January). 5. Projects and Council Updates Teen Project Update Harris provided an update on the Teen Advisory Board project. One student will follow up, get participants, and report back. Harris suggested adding the Teen Advisory Board to the work plan under Mentorship. Naturalization Ceremonv Harris provided an update on the July 4 Naturalization Ceremony and asked if the Board wants to continue it. He said staff time was minimal, sponsors provided cake and supplies. Johnson suggested adding it to the work plan and said Global Golden Valley would assist. Bridge Builders Lund reported the next Bridge Builder quarterly event is going to be in January. Schleif suggested planning the dates for an entire year. VISI Award Penk reported on his nomination of the Trees For Tyrol project for an Envision Award. Six people will accept on behalf of the neighborhood. Tremere moved approval of award, Schleif seconded, motions carried. Penk will work with Weiler on language for the plaque. Global Golden Vallev Johnson reported that the Global Golden Valley event with the Armstrong students studied in Japan is set for November 16, 1-2:30 pm, at the Golden Valley library. 6. New Business Schleif reported that the Private Citizen Golden Valley Calendar at goldenvalleycalendar.com is set up and ready to go. 7. Future Meetings The next meeting will be Thursday, Nov 21, 2013, 7 pm, City Hail Council Conference Room. 8. Adjournment Moved by Heidelberg and seconded by Penk. Motion carried. The meeting adjourned at 9:15 pm. Jim Heidelberg, Vice Chair ATTEST; Cheryl Weiler, Staff Liaison Joint Meeting of the Golden Valley Environmental Commission, and Open Space and Recreation Commission October 28, 2013 A joint meeting of the Environmental Commission and Open Space and Recreation Commission was held at the Golden Valley City Hall, Council Chambers, 7800 Golden Valley Road, Golden Valley, Minnesota, on Monday, October 28, 2013. Chairs Jim Stremel and Jerry Sandler called the meeting to order at 7:00 pm. Those present were, Environmental Commissioners Anderson, Galonska, Gitelis, Hill, Stremel and Yahle; Open Space and Recreation Commissioners Bergman, Mattison, Rosenquist, Sandler, Speltz and Steinberg; City Council Member Clausen,. Also present was Director of Parks & Recreation Rick Birno, Director of Public Works Jeannine Clancy, Public Works Specialist Eric Eckman, Administrative Assistant Lisa Nesbitt and Deric Deuschle from Short Elliot Hendrickson (SEH) 1. Natural Resource Management Plan Deric Deuschle with Short Elliot Hendrickson (SEH), presented recommendations for developing a Natural Resource Management Plan based on the 2013 Natural Resource Inventory. A copy of the presentation is on-file. Areas of discussion included: Focus Education Action Plan Long and short term goals (think big) Preserve and maintain what is currently there Water resources should be mentioned in the plan however details are covered under TMDL studies Invasive species as it relates to the impact on trees Areas to Preserve Wild area preservation (Rice Lake, Mary Hills, Pennsylvania Woods) Laurel Greenbelt (Dakota/Brunswick) Wild Life (e.g. monarch butterflies, deer, geese) Discussion items for next month: Typical plan components Determine the desired plan elements Develop goals Develop priorities 2. Bassett Creek Trail System Eckman updated the commission on a future Bassett Creek Regional Trail facility (identified by the City, Hennepin County and Three Rivers Park District) which would connect French Park in Plymouth to Theodore Wirth Park in Golden Valley. Some portions of the trail have Minutes of the Golden Valley Environmental Commission/Open Space and Recreation Commissions October 28, 2013 Page 2 been constructed and other portions are planned for future construction. The portion of the trail proposed along Golden Valley Road (from Regent Avenue to Wirth Parkway) is not currently programmed for construction. However, Golden Valley received a grant from Hennepin County in 2013 to assist in the completion of a feasibility study of the Golden Valley Road corridor. The study will take into consideration other upcoming projects that the City is aware of in that area (e.g. Bottineau LRT). Golden Valley and its consultant, SRF Consulting Graup, have begun work on the study. Meetings were recently held with businesses located along the corridor to solicit input and identify issues, and also with agency stakeholders (Hennepin County, Three Rivers Park District, Minneapolis Park and Recreation Board). A public informational open house is being planned for December for residents adjacent to the corridor and the general public. 3. Adjournment The meeting was adjourned at 8:25 pm. Lisa Nesbitt Administrative Assistant �..�t- V �� +� ✓ Public�Vorks Department 763-593-8030/763-593-3988(fax) Executive Summary For Action Galden Valley City Council Meeting December 17, 2013 Agenda Item 3. E. 1. Purchase One MT Trackless and Attachments Prepared By Jeannine Clancy, Director of Public Works Bert Tracy, Public Works Maintenance Manager Steve Loomis, Vehicle Maintenance Foreman Summary The 2014-2018 Capital Improvement Program includes$158,000 for one sidewalk maintenance tractor (V&E-089, page 41). The MT Trackless replaces a 2002 MT Trackless, Unit#763. Staff will utilize the tractor for winter sidewalk maintenance and sidewalk/trail sweeping. The MT Trackless meets replacement criteria set forth in the City's vehicle replacement policy and Vehicle Condition Index (VCI). The VCI index is a tool utilized to assess all vehicles and equipment scheduled far replacement and any vehicle/equipment scoring 28 points and above meets the category of"needs immediate consideration."The 2002 MT Trackless tractor due for replacement scored 39 points. This piece of equipment's VCI score is unusually high due to hour meter versus mileage VCI score sheet. This is a non-licensed piece of equipment and most non- licensed equipment score higher on the VCI than licensed vehicles. The Minnesota Materials Management Division has awarded the following contract: Contract Item Vendor Amount Release Na (57282) Trackless MT Tractor MacQueen Equipment Company, Inc. $138,092.50 T-652(5) Purchase Price (before trade-in) $138,092.50 Trade-in (2002 MT Trackless) ($12,000.00) No Tax TOTAL PURCHASE $126,092.50 By ordering this piece of equipment before the end of the year, the City will receive the benefit of the 2013 State of Minnesota contract prices. However, the City will not take delivery of the equipment or be invoiced for the equipment until mid to late lanuary 2014, and will therefore not be taxed on the equipment. Recommended Action Motion to approve purchase of one Trackless MT Tractor from MacQueen Equipment Company, Inc. in the amount of$126,092.50. ���� �� Public Works Department 763-593-8030/763-593-3988(fax) Executive Summary For Action Golden Valley City Council Meeting December 17, 2013 Agenda Item 3. E. 2. Purchase Ford Police Interceptor Utility Vehicle Prepared By Jeannine Clancy, Director of Public Works Bert Tracy, Public Works Maintenance Manager Steve Loomis, Vehicle Maintenance Foreman Summary The proposed 2014-2018 Capital Improvement Program (CIP) includes $35,000 for the purchase of one marked police squad car, equipment and setup (V&E-001, page 23). The marked police squad car scheduled for replacement meets replacement criteria set forth in the City's Vehicle Replacement Policy and Vehicle Condition Index (VCI). The VCI index is a tool utilized to assess all vehicles and equipment scheduled for replacement. Any vehicle/equipment scoring 28 points and above meets the category of"needs immediate consideration." Below is a summary of the rating: Vehicle Year/Make/Model VCl lndex 809 Marked Squad 2009 Ford Crown Victoria Police Interceptor 29 Replacement purchase of the police interceptor will be made under the State of Minnesota Squad Car Contract 37669, Nelson Auto Center, Fergus Falls, Minnesota, for a 2014 Ford Police Interceptor Utility Vehicle. The Minnesota Materials Management Division has awarded the following contract: Contract No. Item Vendor Amount 37669 2014 Ford Police Marked Nelson Auto Center 32,915.82 Interceptor all-Wheel Drive SUV TOTAL PURCHASE 32,915.82 Public Works staff has worked with Police staff in selection of the vehicle. Recommended Action Motion to approve purchase of Ford Police Interceptor Utility Vehicle from Nelson Auto Center for the total purchase price of$32,915.82. �i�y o`f Public Works Llepartment 763-593-8030/763-593-3988(fax) Executive Summary For Action Golden Valley City Council Meeting December 17, 2013 Agenda Item 3. E. 3. Purchase Ford F550 Cab and Chassis Truck Prepared By Jeannine Clancy, Director of Public Works Bert Tracy, Public Works Maintenance Manager Steve Loomis, Vehicle Maintenance Foreman Summary The 2014-201$ Capital Improvement Program includes$80,000 for the purchase of a Ford F550 cab and chassis truck, equipment, and setup for Public Works Street Maintenance Division (V&E-111, page 46) The truck scheduled for replacement meets replacement criteria set forth in the City's vehicle replacement policy and Vehicle Condition Index (VCI). The VCI index is a tool utilized to assess all vehicles and equipment scheduled for replacement. Any vehicle/equipment scoring 23 to 27 points meets the category of"qualifies for replacement," 28 points and above meets the category of"needs immediate consideration." The 2004 truck due for replacement scored 28 points. The new truck will be outfitted with a hooklift system to match the existing F550 hook trucks in Public Works. The hooklift system and dump box will be purchased at a later date. The purchase of the hooklift and dump box will be within budget. This F550 will be utilized for street maintenance activities such as snow plowing de-icing, landscaping, and hauling of debris, leaves, grass clippings, brush and medium size logs. The truck purchase will be made under the State of Minnesota Light Truck C-100 Contract #55058, awarded to Midway Ford. The contract is on file in the Public Works Department. The Minnesota Materials Management Division has awarded the following contract to Midway Ford for the Ford F550 cab and chassis. Contract No. Item Vendor Amount 55058 Ford F550 Midway Ford $41,505.48 State Contract Total $41,505.48 Tlie last order date under the current state contract for the Ford F550 is January 6, 2014. Midway Ford is projecting a $3,500 to $4,000 increase in the next contract for the 2015 Ford F550 cab and chassis. Recommended Action Motion to authorize the purchase of the Ford F550 cab and chassis truck from Midway Ford for $41,505.48. ts�L V �� r,�i:; �� Public Works Department 763-593-8430/763-593-3988(fax) Executive Summary For Action Golden Valley City Council Meeting December 17, 2013 Agenda Item 3. F. 1. Railroad Crossing Quiet Zone Regulations and Cost Estimate Prepared By Jeannine Clancy, Director of Public Works Jeff Oliver, PE, City Engineer Eric Seaburg, EIT, Engineer Summary Staff received the attached informal petition (not a formal petition for public improvements) from the condo owners at 5901 Laurel Avenue. The letter outlines the residents' concerns with respect to an increase in train noise in the area. In response, staff would like to advise Council as follows: In April 2005,the Final Rule on Use of Locomotive Horns at Highway-Rai!Grade Crossings was published in the Federal Register. This legislation is intended to maintain a high level of public safety for at-grade railroad crossings, create a more uniform standard for horn sounding, and create a systematic way for establishing quiet zones. As part of the legislation, locomotive engineers are required to sound their horns at all street-rail grade crossings unless a quiet zone has been established. In order to establish a quiet zone, all street-rail grade crossings within a minimum half-mile corridor must be upgraded to meet safety standards sufficient to discontinue horn sounding.At a minimum, these street-rail grade crossings must have flashing lights, crossing arms, and certain circuitry upgrades. In addition, train and vehicle speeds and frequencies are analyzed. In som� instances, additional safety measures are required to compensate for the increased risk due to vehicle and train traffic. Staff has performed a brief analysis on the Canadian Pacific Railroad (CPR) corridor that runs north/south along the west side of Xenia Avenue. In order to create a quiet zone at this location, four street-rail grade crossings would need to be upgraded. These street-rail grade crossings include: 1. CPR Mainline at Laurel Avenue 2. CPR Spur Line at Laurel Avenue 3. CPR Mainline at Golden Hills Drive 4. CPR Mainline at I-394 South Frontage Road (St Louis Park) Based on information from MnDOT, $250,000 should be used as a budgeting number to upgrade the most basic street-rail grade crossings. However, there are safety measures already in place at a number of the crossings listed above. A preliminary cost estimate to upgrade all four of the highway-rail grade crossings to meet quiet zone standards is $600,000. However, a detailed study with input from MnDOT,the Canadian Pacific Railroad, and the Federal Rail Authority would need to be performed to develop a more defined scope and cost estimate. Funding responsibilities for conversion of highway-rail grade crossings to quiet zones fall primarily on the lead agency. The City, being the lead agency, would be required to fund all necessary improvements to the highway-rail grade crossings listed above, with the exception of the St. Louis Park crossing. Attachments • Laurel Hill Residents' Letter (2 pages) Recommended Actions Motion to receive the attached letter. Staff will schedule this item to be discussed at a future Council/Manager Meeting. November 21, 2013 Nd� $`� 2013 PETITION TtJ THE CITY OF GOLDEN VALLEY Attention City Manager Thomas Burt On behalf of the condo owners indicated below, residing at Lauel Hill East, 59Q1 Laurel Avenue, Golden Vatley, we wish to express our dismay and concern over the use of the Canadian St Pacific railroad tracks adjacent to our property for the following reasonr. 1. Evening Hours: Several years ago, train traffic did not occur at night. A few years ago, it seemed occasional and erratic. For the last year or so, trains come past (and atso pause next to our buitding) many nights a week between 10 p.m. to 3 a.m. They are extremely loud as they rotl over each rait, and of course create noxious fumes, sediment, and vibrations. The corner of our buitding is only about 80' from the tracks, 2. Sound Mitigation: When the trains prepare to cross Laurel Avenue, excessively long and loud horn-blasts often occur, perhaps depending on the engineer and circumstances. Can this be mitigated by crossing gates, etc.? Our buildings have co-existed with the railroad since the mid-80's. With hundreds of more people coming to the area of Laurel, Xenia, and Gotden Hilis Drive in new apartmentslcondos, this will affect even more Golden Valley residents. We hope this can be studied and a solution reached! Can you come to our aid? � Robert Papke }� �...., Carolyn Papke � �,� ��' `���_ 5901 Laurel Ave. #136 Golden Valley, Minnesota 55416 List of owners attached. - ` . A B` � Condo Owners at Laurel Hills East, 5901 Laurel Ave `Condo # __ . __ __ _ __ _ -- -- - 4; r Z -, ;�� _�"� _; `' ���-"` - -- - - _'� �� _ : 3 __�-`"��,�__ _ _ -- _ _ _ �3� _,. _ -- -- _ _ __ � . . , 4 _ � __" � ____-� I�. i,c,"- -�,c��..�._--} __ . __ �-�—� F J f� t 7� i���� _ ._ „� _._..__ _.�___-_ ....-_��----4- .__. ____. .__-_._ _.__.. ....... . .._.. ��_ �_-__ \ �' � � ��L�_ _. � ��_.._.. - -- -- _ _ - - � �� �� _ � �� _. ___ _ _ _ _ _ , _ $ - --� �_>_ __�%�^��-- - � _ _ _- - -- ��. _ 9 -- -�",�.� ��uQ.�- _ _. �/ _ -- ,__� '�,1 _ 10 ' ' ,�� �-- ` ���_���. __ __l11/C1G�_�UYl��.��� _ ,__� d�� --__ � � � � 11 � �-- - __ _ __ _ __ __- _ !_ _��-�-- 12 ��,�' ! _ ..�' - --- --- __ ___ __ _ _ �3 d�+ t 3 ��a--�.,,i �'.�-�,�-� __ - 2�..6 _ ___ _ -- �,_ _ - _ _ _ _ 14 ... -- . _ _ �. � • __ -- � � __ _ __ _ _ -- - ^ �_ r . 15 _ ,�a��'�r�_ � --- ��-- Z�__ _ _ __ _ - � -�.-Z.'� 16 �'�'( �� �_ � ��-�i,p�_r ; "Z�--� - -_ __ _ _ __ -- -- - . � 17 _ J�rC..�a� ���----- _ . . r -- — _� � 18 ��..�.� �����' ____ 2� c� ./ - __- ,9 ___��z•,,� __ - _ - -__ _ --- ----_ __ ,� q _ zo � �( ___ p!��t_ � /-�fc G:���/_✓► _ __ ` __ �� 1 � __ �,� 21 --- - -_ _ _f ___ _ _ _ _ _ ;� _ � __ � �e�� � 22 � �s�� / / `3 , 23 > �� = - _ __ _ �f�' ---- - - __ - - 24 ������C' � /'Ucd�°�!--��' _ �°� _ _ - - � - _ ._ __ 25 ��^�� �� �� 22 ( _- _- - � �- - - ___ _ j �.r �, . __ _ , .... . 26 ��'"�`�,L� .i c�. .,,,� � %�7 � 7� _ _ �,,�''<."�' � -�� - - --- _ __ 27 � � � "� � f , � � � �,, ,s � 2$ � ' _ Z9 30 �,��� �� Police Department 763-593-8079/763-593 8098(fax} Executive Summary For Action Golden Valley City Council Meeting December 17, 2013 Agenda Item 3. G. Authorization to Sign First Amendment to Agreement for Animal Pound Services with City of Robbinsdale Prepared By Stacy Carlson, Chief of Palice Nathan R. Gove, Commander Summary The City of Robbinsdale made a request in the fall of 2012 for a proposal to enter into an agreement for animal impound services as their current facility (Camden Animal Hospital) would no longer provide service beginning January 1, 2013. Staff reviewed our facility resources and determined that we could provide animal impound services to the City of Robbinsdale. A 1-year agreement between the two cities became effective on January 1, 2013 thru December 31, 2013. The City of Robbinsdale has been very pleased with the services provided and would like to enter into a 2-year contract to continue Animal Impound Services with the City of Golden Valley. Attachments • Original Agreement for Animal Pound Services with City of Robbinsdale (8 pages) • First Amendment to Agreement for Animal Pound Services (2 pages) Recommended Action Motion to authorize the Mayor and City Manager to sign the First Amendment to Agreement for Animal Pound Services with the City of Robbinsdale for 2014-2015. AGREEMENT FOR ANIMAL POUND SERVICES THlS AGREEMENT is made an the 19th day of December, 2012 betweert the City of Robbinsdale, a Minnesata municipal corporation ("Robbinsdale"), and City af Golden Valley, a Minnesvta municipal corporation ("Golden Valley"}. RECITALS WHEREAS, Minnesota Statutes, Section 471.59, authorizes finro ar mare governmenfal uni#s, by an agreement approved by the gaverning badies, to jointly or cooperatively exercise powers common to the cont�acting parties; and WHEREAS, Rabbinsdale is desirous of contracting with Golden Valley for the purpase of having a facility far the impounding, keeping, sheltering, feeding and boarding of dags and cats, which may be picked up pursuant with the Robbinsdale Ci#y Code of Ordinances by officials of Robbinsdale; and WHEREAS, Robbinsdale's existing Animal Pound Contract with the Camden Pet Haspital expires on December 31, 2012, and the Camden Pet Haspital is no longer able ta provid�the required services to Robbinsdale; and WHEREAS, after contacting numerous facilities and reviewing variaus options as set forth in the November 20, 2012 Council Memo incorporated herein and attached hereto as Exhibit A, Robbinsdale selected the animal impound services of Galden Valley for the calendar year 2013 based on Golden Valley's availab+lity and fees; and WHEREAS, the Golden Valley proposal is incorpor�ted herein and attached to this Agreement as Exhibit B; and WHEREAS, th� parties wish to set forth in writing the terms and conditions of this Agreement. NOVI/, THEREFORE, based on the mutual promises and consideratian pravided far herein, the sufficiency of which is not disputed, the parties agree as follows: 1. Recitals. The Recitals set forth above are incorporated by reference as if fully set forth herein. 2. Animal Pound. The paund services provided to Robbinsdale by Golden Valley pursuant to this Agreement shal! be provided at the Golden Valley Public Wotks facility located at Highway 169 and 10th Avenue Narth in Golden Vaiiey, Minnesota. Any location change must be approved in writing in advance by Robbinsdale. 3. Scope of Work. The Scope af the Work is set forth in Golden Valley's proposa! dated October 30, 2012, which is attached to this Agreement as Exhibit B, and the following requirements shall alsa be included: 1 (a) Galden Valiey shall make available ta Robbinsdale the plastic bags required for the freezer starage of DOA Animals; and (b} The provisions contained in Exhibit B shall also apply to dangerous and potentially dangerous dogs, and Gnlden Valley agrees ta work cooperatively with Robbinsdale to administer the Rabbinsdale City Code af Ordinances and the state law requirements related to such dogs; and (c} Robbinsdale sets a cap of$500 for medical care deemed immediately nec�ssary when the owner of the injured animal is unknown as set forth in the section on Injured Animals in Exhibit B; and (d) Any ather service mutuafly agreed upon in advance by the pa�ti�s (Exhibit B and (a)-(d) collectively hereinafter"Work"}, 4. Standards. All Work performed pursuant ta this Agreement shall be in accordance with the standard of care in Hennepin Caunty, Minnesota for services of the like kind. 5. Term. The term of this Agreement is fram January 1, 2013 to December 31, 2013. 6. Com ensation for Services. a. Fees. Robbinsdale agrees to pay Golden Valley according to the fees set forth in Exhibit B, except that the $50/animal impaund fee will not be charged to Rabbinsdale. b. Method of Payment. Robbinsdale shall pay Galden Valley on a monthly basis upan receipt of an invoice from Golden Valley. All invoices submitted for payment must be in compliance with state law. c. Compensatian far Additianal Services and Expenses. Any additional services ar expenses not provided for in this Agreement must be mutually agreed upon in writing in advance by the pa�ties. 7. Data Practices. The parties agree this this Agreement and any information provided to the parties thraugh the provision of senrices under this Agreement is subject to and shall be administered in accordance with Minnesata Statutes, Chapter 13. The parties agree to work cooperatively with each ather to timely respond to any request for data pursuant to Minnesota Statutes, Chapter 13. 8. Records. Golden Valley agrees to maintain the records deemed necessary by Robbinsdale to insure that the Work is provided as represented by Golden Valley, and to make such records available to Rabbinsdale for the purposes set forth in this Agreement and to either the legislative or state auditor, as appropriate, pursuant to state law. 2 • 9, Termination. This Agreement may be terminated by either party at any time with or without cause, upon thirty days written natice as provided in paragraph 18 herein. In such instance, Robbinsdale shall only pay those fees r�ndered in accordance with this Agreement before the termination�date. 10, Subcontracts or Assi�,nments. Galden Valley shall not enter into subcantracts or assignments for services pravided under this Agreement, except as noted in Exhibit B, without the express written consent of the City, 1"I. Independent Contract. No statement herein shall be construed so as to fit�d that any employee, agent, assignee, or subcontractor of Golden Valley is an employee of Robbinsdale. Rabbinsdale shall not assume any liability and shall no#be respansible for the direct payment af any of salary, wage, workers' campensation, income tax withholding and health insurance or any other typ� of campensatian to any Golden Valley employee, agent, assignee, or subcontractor. 12. Services Not Provided For. No claim for senrices furnished by Golden Valley not specifically provided for herein or approved by Robbinsdale in writing in advance shall be hanored by Robbinsdale. 13. Compliance with Law. Both parties agree to camply with all applicable state, federal and local laws, rules and regulat'rons. 14. Waiver. Any waiver by ei#her party of a breach of any provisians of this Agreement shall not affect, in any respect, the validity af the remainder of this Agreement. Nothing herein shall be deemed a waiver by either party of#he limitations on liability set fo�th in Minnesota Statutes, Chapter 466. 15. Indemnifica#ion. Robbinsdale agrees ta defend, indemnify and hold harmless Golden Valley, and its officials, agents and employees from and against all claims, actions, damages, losses and expenses arising out of or resulting frorn Robbinsdale's perFormance af the duties requi�ed under this Agreement. Golden Vailey agrees to defend, indemnify and hald harmless Robbinsdale, and its officials, agents and employees from and against all claims, actions, damages, losses and expenses arising out of ar resuEting from Golden Valley's perfarmance of the duties required under this Agreement. 16. Insurance. Golden Valley shall carry camprehensive general liability insurance and public officials' insurance in the amount of at least$300,Q00 to any claimant and $1,OOO,Q00 for any number of claims arising out of a single occurrence. Galden Valley shall have Rabbinsdale named as an additional insured, and provide a certificate af said insurance. Golden Valley shall carry Warker's Compensation Insu�ance as required by stats law and will provide a certificate of said insurance to Robbinsdale. 3 17: Entire As�reement. The entire agreement af the parties is contained herein. This Agreement supersedes all oraf agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect befinreen the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions af this Agreement shall be vafid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 18. Notices, All natices required by this Agreement shall be in written form and shall be deemed delivered upon its receipt by the Chief of Police af either party. Notice may be made by personal delivery, mail or facsimile. 19. Governin� Law. This Agreement shall be controlled by the laws of the State of Minnesota. 20. Severabilifir. The provisions of this Agreement are severable. If any portion hereaf is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisians of this Agreement. 21. Counterparts. This agreement may be simultaneausly execu#ed in any number of counterparts, all of which shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties have set forth their hands on the day and year first written above. CITY OF ROBBINSDALE B}l. r�'�,'� w" ��+�� °�� °�. Its: Ma r "r'/���'.��'=�- �' By. _ Its: City Manager CITY OF GULDEN VAL�EY By: <- -, Its: May By� --- Its: ity Manager 4 EXHIBIT A Citt ��i'(�,�f,l>ir�ticlnl�� To: Mnyor and City C`ouncil �rom: M�rcia C'rlick,City Man.ager Date: Atovembar 20,2012 RE: New Anim�l rmpound Con�ract I3�ck,�rQnnd For sevoral years the palic�department has contracted with Camden Pet I�3ospital(CPH)for th� boarding and care of animals impounded by the City of Robbinsdale. HOWCVSP, an g/14J24�iZ, CPH irr�ormed the palice de�aErtment that it would be unabla to renew our contract,which expixes on 12/31�O12,ciu�ta a remodeli�g of th�ir facility whxch resulted in less spsce with which to accominodat�impauuded animals, t�,I�tAfY31�/GOIIC�11&�OA; The polic�department has be�n actively se�in�sn alternative for the city's ariimal needs, T:hough most facilit�es contseted hava been una618 or unwiIling to accommodate our anima! needs,the departiment feels it bas found a viable and less expensive alternative through the Ciry of(.3�0lden Valley, which boards and cares t�or its impounded�nima�s at a facility run by the Crolden Vailey,polic�department at its city publio works tacation(T��ury 169 and 10�'Street}. Listed beIow is a breakdor�vn of fees. Fox eoinparison this breakdawn also inoludes the only oi�ier,but more castly, alternative of PUPS {an animai containment facility located �n Mapl� 4rove and oper�ted through a cc�nsortium�f multi�le msmber citics). ,�ee's''-.. , : .. '�; - • ' � ' � Cam,d�n� C-�ol'den�a�.� � P�JP9 Que-Time,initiation•Fee • 0 0 �11,000 A.nnual Maintsnanca Ree �4 500 $1,800 $8,040 Dail Bo ' �'�e $23 $20 $28 Eutha,n�izatian Fes � ' $5�3 $l02 $�D �arca�ss Di sa����e� $27 $9 Variablc All fees�ssociated with an animal pnund woufd continue ta be paid by an owner At the Robbinsdal� i'alice Ststion before the animat release. Thc rel0asc watzld then crecur in GoXden Valley during�ormal business hours. 12ecomu:andatio� $�motior�;auCkiorixe tha M�yor and City Ivlana�er to execute a.one-yeax tria! contcact with the Galden Valiey Police L?e�artment Fax aniznal impaund serviaes. -�,���-� Concurrence: Mar�is Glick,City Mana,ger �����, Steven Smittt ` � • ;. 5 d i � , �� EXHiBIT B ° � , ���� MEM�RANDUII/I � �� � = �� s� �� ���;�� � Police Depar�ment . �� , �kt�. E,�,...� 763-593-8079/FAX 7b3-593-8098 � �= � � ,°��`� '`�`� ; �' policeCgoldenval Ieymn.go�• RATE; Octaber 30, 2012 T0: Chief Steve Smith FROM: Commander Nate Gove &Joanne Paul, Crime Analyst&Suppart 5ervices Supv. SUBIECT: Rabbinsdale Animal lmpound Propasal CC: Chief 5tacy Carlsan The Golden Valley Police Department is interested in praviding animal impound services to the Robbinsdale Police Department. Below are the costs and inforrnation associated with this service. • Administrative Costs-$150/month • Soarding Rate for impounded dogs and cats- $20 per day/animal � Rate for euthanization-$102 (at vet office) and $175 (at our kennelj • Rate for adoption--(boarding fees only} • Rate for disposal of DOA animals-$9/animal � Vet care—billed directly to RPD frorn the city vet(All Abaut Petsy We wilf provide access 24/7 to aur impound facility ta the Robbinsdale Police Department to af low for animals ta be impounded at any time. Our facility is not open ta the public, but appointments can be arranged by contacting the front office af our department. Once an anima!is irnpounded, we will scan the animai for microchips and contact your department if owner information is available. If the owner is unknown, we will post pictures of the animal an our city website and the Golden Valley Humane Society's website in an effort to lacate the owner. If after 1a days (according ta current Robbinsdale City Codej,the owner has nat been located,the animal will be brought to the Humane Society for adoption. We are asking the City of Robbinsdale to consider changing their city code to reflect impounded animals be kept for seven (7) rather than ten (10)days for the purpose of impounded animals. 6 �;�`� �'���* ���'=E;`a:± .. , . `:`.'v:`t .. .�. , _ . �ur impound facility is not staffed 24/7. Community Service Officers check on animals at least 3 times each day, ensuring they have foodJwater,clean the kennels and exercise the animals (if appropriate7. tmnoun Forms Robbinsdale Police Department wili be required to provide their impound forrns in tripiicate. One form will be left an the kennei with the animal, one copy brought to the front desk of GVPD,and one copy retained �y RPD. Rel�ase of imoounded Animals The awner of an impounded animal must provide a release from the Robbinsdale Palice Department, ar RPD must contact our front desk�ivin�permissian to release an animal. The owner of the animal must pay the associated fees at the Golden Valley Police Department before the animal is released. Release af animals must be done by appointment to ensure that we have staff available for the release. Iniured Animals At this time, our department utilizes All Abaut Pets as our city vet. If an animal is injured and in need of veterinary care,a GV CSO will contact the Robbinsdale Police Department far permission ta take the animal to our city vet for care. Rebbinsdale Police Department will be bi(led far this service directly from our veterinarian. ( FYI -for Golden Valley animals,we have a cap af$5(}0 with our vet if the medical care is deemed immediately necessary and the owner is unknown). Bil ' Our department will invoice the City of Robbinsdale ance a month for any unpaid fees.We will waive the impound fees and anly charge the boardin�fees for those animals that are braught ta the humane society and/or euthanized. Quaran�ne Anirn,als We are equipped to hause quarantined animals for up to 14 days per Robbinsdale City Code. If required by Rabbinsdale PD,we can take the dog to our city vet for a check-up/clearance and the veterinarian will bill the City of Robbinsdale directly. pQA Anim�ls DC7A anirnals should be placed in a plastic bag and put into the freeze�in our impound facility. An impaund form should be�Iled out including a description of the animal, any callars/tags and microchip informatian. Pfease do not hesitate to contact us if you have any questions ar cancerns.Thank you for the opportunity. � . � , �.,:. � - Nathan R. Gove 1 e M. Paui Commander Crime Analyst&Support Senrices 5upervisor 763-593-8071 753-593-8058 n�oveC��aidenvallevmn.�av iaaul@�oldenvalleymn.aov FIRST AMENDMENT TO AGREEMENT FOR ANIMAL POUND SERVICES THIS FIRST AMENDMENT is made on the 17th day of December, 2013 between the City of Robbinsdale, a Minnesota municipal corporation ("Robbinsdale"), and Gity of Golden Valley, a Minnesota municipal corporation ("Golden Valley"). RECITALS WHEREAS, Minnesota Statutes, Section 471.59, authorizes finro or more governmental units, by an agreement approved by the governing bodies, to jointly or cooperatively exercise powers common to the contracting parties; and WHEREAS, on January 1, 2013, Robbinsdale entered into a one year agreement with Golden Valley for the purpose of having a facility for the impounding, keeping, sheltering, feeding and boarding of dogs and cats, which may be picked up pursuant to the Robbinsdale City Code of Ordinances by officials of Robbinsdale ("Agreement"); and WHEREAS, paragraph 5 of the Agreement provides for the termination of the Agreement on December 31, 2013; and WHEREAS, Robbinsdale and Golden Valley mutually desire to amend the Agreement to extend its term by two years but to otherwise maintain all other terms and conditions of the Agreement; and NOW, THEREFORE, based on the mutual promises and consideration provided for herein, the sufficiency of which is not disputed, the parties agree as follows: AGREEMENT 1. Recitals. The Recitals set forth above are incorporated by reference as if fully set forth herein. 2. Term. The term of this Agreement is from January 1, 2014 through December 31, 2015. 3. Full Force and Effect. Except as provided in this First Amendment, the Agreement remains unchanged and in full force and effect. 4. Counterparts. This agreement may be simultaneously executed in any number of counterparts, all of which shall constitute one and the same instrument. 1 IN WITNESS WHEREOF, the parties have set forth their hands to this First Amendment on the day and year first written above. CITY OF ROBBINSDALE By: Its: Mayor By: Its: City Manager CITY OF GOLDEN VALLEY By: Its: Mayor By: Its: City Manager 415318v3 MJM RB 160-43 2 ���� �� Police Department 763-593-8079/763-593-8098(fax) �'��:.�_.�����:s.�.�:.,."z.ia���� =��, .... ....... '� �� :�:� � . .. -:. ,... ::; Executive Summary For Action Golden Valley City Council Meeting December 17, 2013 Agenda Item 3. H. Authorization to Sign Agreement with Sojourner Project Inc. for pomestic Assaulf Intervention Services Prepared By Stacy Carlson, Chief of Police Nathan R. Gove, Commander Summary Effective January 1, 2013, the Police Department changed domestic advocacy agencies from Home Free to Sojourner. The cost annually for this service is $15,000. During the past year we have experienced exceptional service for our domestic abuse victims with the advocacy of Sojourner Project, Inc. The cost, which is $15,000 annually, will remain the same for 2014. Attachments • 2014 Intervention Services Agreement with Sojourner Project Inc. (3 pages) Recommended Action Motion to authorize the Mayor and City Manager to sign the 2014 Intervention Services Agreement with Sojourner Project, Inc. for domestic assault intervention services. INTERVENTION SERVICES AGREEMENT WITH SOJOURNER PROJECT, INC. THIS AGREEMENT is made between the CITY OF GOLDEN VALLEY (the "City") and SOJOURNER PROJECT, INC., a Minnesota non-profit corporation (the "Provider"). The Provider is a non-profit organization that offers community-based intervention programs for domestic abuse incidents arising in the west suburban area, including the City of Golden Valley. The Provider has requested that the City contribute funds to help pay its expenses. The City has agreed to pay funds to the Provider on a fee-for-service basis. The parties wish to set forth in writing the terms and conditions of their agreement. Therefore, in return for the mutual agreements set forth below, the parties agree as follows: 1. TERM. The term of this Agreement shall be from January 1, 2014 through December 31, 2014 regardless of the dates of execution, unless terminated earlier as provided herein. 2. SERVICES. The Provider shall provide the required personnel and related support services and supplies it deems necessary to intervene in domestic abuse incidents that arise in the City, consistent with its past practices and procedures, working with the City in providing services (defined below). Services shall include Provider's advocacy for and meeting with victims of domestic abuse, and follow-up services provided by the Provider during the term of the Agreement (the "Services"). The Pravider shall not provide Services for defendants charged with domestic assault, fifth degree assault, disorderly conduct, or order for protection violations. The City agrees to cooperate with the Provider as deemed appropriate by the City's Chief of Police to ensure the timely provision of the Services. Recipients of Services shall not be financially charged for or required to pay for Services. Individuals eligible for Services may decline Services. 3. TRAINING. As deemed appropriate by the City's Chief of Police, the City will make its Police Department personnel available for training with respect to the aims and procedures of the intervention program described in this Agreement. The Provider agrees to provide this training without charge during the term of this Agreement. -1- 4. PAYMENT. The Provider shall record the number of cases referred to it by the City. On a quarterly basis, Provider shall submit a statement to the City which contains the following information: a. A list of cases for which Services have been provided, designated by the name of the alleged abuser. b. A description of the Services provided including a description of the hourly service provided, using blind numbers assigned to each case so that confidentiality of the Service recipients can be maintained. The City agrees to pay a total amount of$15,000 for all of the Services provided during the term of the Agreement. Payment by the City to the Provider for the Services will be paid in advance no later than January 31, 2014. 5. RECORDS. The Provider shall maintain such records as are deemed necessary by the City to insure that the Services are provided as represented by the Provider. Upon execution of the Agreement, Provider shall have each employee and volunteer keep separate time records of their time spent each day, specifying the amount of time spent on each case. These records shall remain the property of the Provider. The Provider may maintain the records in a manner that insures confidentiality to Service recipients; however, it shall provide full disclosure of identities to the City's auditor if so requested. 6. DISCRIMINATION. The Provider agrees not to discriminate in providing Services under this Agreement on the basis of race, sex, creed, national origin, age or religion. 7. CANCELLATION. This Agreement may be cancelled by either party at any time, with or without cause, upon thirty (30) days' written notice, delivered by mail or in person, to the other party. In that case, the City shall pay only for those Services rendered in accordance with this Agreement before the termination date. 8. INSURANCE. The Provider agrees that it will, at all times during the term of this Agreement, have and keep in force a general liability insurance policy with coverage in the amount of at least $1,000,000 per occurrence for bodily injury, and $1,000,000 per occurrence for property damage. The policy shall name the City as an additional insured and provide that it shall be primary and non- -2- contributory coverage for a loss arising from services provided pursuant to this agreement. A certificate of insurance will be provided to the City before Services are rendered under this Agreement. 9. UNSPECIFIED SERVICES. The City will honor no claim for Services not specified in this Agreement. 10.ENTIRE AGREEMENT. The entire agreement of the parties is contained in this document. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter of this Agreement. Any alterations, amendments, deletions or waivers of any provisions of this Agreement shall be valid only when placed in writing and signed by both parties. 11.INDEPENDENT CONTRACTOR. Nothing in this Agreement is intended, nor shall be construed, to create the relationship of partners, or employer/employee between the Parties. The Provider, its officers, agents, employees, and volunteers are, and shall remain for all purposes and services under this Agreement, independent contractors. Dated: CITY OF GOLDEN VALLEY By: Mayor And: City Manager Dated: SOJOURNER PROJECT, INC. By: Executive Director And: Finance Manager 000090/480568/1559101_2 -3- t:����1 �� , Finance Department 763-593-8013/763-593-810�(fax) Executive Summary For Action Golden Valley City Council Meeting December 17, 2013 Agenda Item 3. I. Acceptance of Donations for Ongoing Programs and Other Miscellaneous Donations Prepared By Sue Virnig, Finance Director Summary This resolution is to accept the donations received from throughout the year for ongoing programs that are approved at year end. Attachments • Resolution Accepting Donations for Ongoing Programs and Other Miscellaneous Donations (5 pages) Recommended Action Motion to adopt Resolution Accepting Donations for Ongoing Programs and Other Miscellaneous Donations. Resolution 13-109 December 17, 2013 Member introduced the following resolution and moved its adoption: RESOLUTION AGCEPTING DONATIONS FOR ONGOING PROGRAMS AND OTHER MISCELLANEOUS DONATIONS WHEREAS, the City Council adopted Resolution 04-20 on March 16, 2004 which amended the Donation/Gift policy; and WHEREAS, the Resolution states that a gift of real or personal property must be accepted by the City Council by resolution and be approved by a two-thirds majority of the Council; and NOW, THEREFORE, BE IT RESOLVED that the City Council accepts the following donations Onqoing Programs: GOLDEN VALLEY HUMAN SERVICES FUND Allianz Life Insurance Co of North America $7,400 Anonymous 1,000 Art of Optics 300 Bassett Creek Dental 500 Best & Flanagan 2,000 Central Bank 800 Golden Valley Community Foundation 3,798 Preferred One 1,000 RCM Management Services 300 Rudy Luther Toyota 500 Short Elliott Hendrickson, Inc. 500 WSB & Associates 500 In-Kind Donations AI's Coffee; Best Wishes Floral; Chiquita Banana; Channel 12; City Looks Salon; Crossroads Deli; Davanni's of Golden Valley; Einstein's Bagels of Golden Valley; Finken Great Glacier Bagels; Go Health Chiropractic/Massage Advantage; Good Day Cafe; Liberty Diversified Industries; Old Fashioned Donut Shoppe; Orange Theory; Perkins - TH 55 and I-394 Locations; Road ID; Valley Pastries; Vic's; and Yoplait USA Solicitation Letters Barbara Anderson $20 Randy Anderson $10 Ken Anderson $30 Harold Arne $15 Tom Bauer $25 Gordon S Beavers $2Q Resolution 13-109 - Continued December 17, 2013 Nathan & Sally Berg $20 Jim & Mary Bernard $30 Anna Berquist $20 Heather Bjork $50 Stephanie Blohm $25 F.A. Blonigan $20 Bernice Brietman $10 Daniel Brewer $30 Sam Chanen $200 Roberta Chargo $10 Nancy Conway $20 Barbara & Sam Courey $100 Larry & Margaret Davis $25 Dan Decker $20 Karen Desnick $30 Carol & Arthur poten $50 Doug Drier $3Q Nancy Eicher $50 Deborah Eisenstade $50 David Elert $25 Ronald Fingerhut $100 Dennis Flom $10 Lydia Ford $10 Don Forseth $10 Leslie &Arlene Freeberg $20 Mike & Lauren Freiberg $30 Glenn & Marlys Fuller $40 Mary Gaffney $10 James Geib $30 Harold Goldfine $30 Todd and Debra Grant $25 Bernadine Gray $30 Jan Green $25 Myron Greenberg $10 Christopher Grimes $10 Elizabeth Gross $25 Leonard Gustafson $50 Aileen Halos $20 Rhonda Hammons $30 Keith & Kris Hanson $20 Seth & Christine Hausman $50 Steve & Bonnie Heiler $36 James Hernick $50 Resolution 13-109 - Continued December 17, 2013 Thomas Hoskamer $100 Nadine Ide $10 Jane Iverson $30 Kristin & Trevor James $20 David & Rita Jelle $50 Carol Jensen $40 LaVonneJohnson $10 Julie Johnson $30 John Johnston $50 Donovan Juliar $20 Nate Karol $50 Wayne Kepplinger $200 Mary Jane Koehler $10 Nick & Barb Koester $200 Sharon Korstad $20 Walter Kost $50 Lidia Kozak $20 David Kuball $50 Virginia Kukkola $25 Dan & Mary Larkin $50 Severt Legred $100 James Leith $10 David & Corinne Leslie $20 Martin Lipschultz $50 Bonnie & Steve Litton $50 Mark Maida $300 Joyce Mainerich $20 Catherine Marner $30 Barbara McCutcheon $30 Aghdas Meshkinghalam $10 Tommy Mihas $20 Daniel Novak $25 Roger & Pat Ost $20 Jamie Otero $10 Mabel Pearson $25 Dallas Perry $30 Stephen Pesavento $50 Dale and Ann Petersen $50 Michael Phelan $20 Oasis Program $100 Elaine Robashkin $18 Hilda Rosai $10 Jean Rose $10 Resolution 13-109 - Continued December 17, 2013 Joan Russell $25 Bill & Pat Sahly $100 Samuel & Cecilia Salas $50 Barry & Marge Schaub $30 Robert Schlicksup $100 Ralph & Sharon Schulz $50 Shirlee Scott $25 Kathryn Sedo $50 Faye Segal $10 Robert & Mary Shaffer $100 Judith Shapiro $20 Jacqueline Moen & Steve Bailey $20 Toni Sutton $30 Richard Swenson $20 Howard & Janet Tarkow $20 Sophie Teener $5 Joseph Tomko $50 John & Hilary Toren $50 James Uttley $200 Tim VanTassel $10 Rod Virnig $100 Vui Vongphisith $10 Bernard Vrona $10 Bob Wadsten $50 Dale & Nancy Wagner $20 Sharlene Walerius $50 Judy Kilian Weber $250 Gervaise Westerman $50 Maria Weterall $30 Thomas White $10 Beverly White $10 Gladys Williamson $20 John Yngve $30 ENVISION PROGRAMS Lilac Planting Golden Valiey Garden Club (evening) 250 TruStone Financial 15Q WSB & Associates 50 In-Kind Donations General Mills; Starbucks at Winnetka; Byerlys Resolution 13-109 - Continued December 17, 2013 Reader Board Golden Valley Community Foundation $200 Public Education (Fire) In-Kind Donations Byerlys 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. ���� �� Finance Department 763-593-8013/763-593-81 Q9(fax) �=��'�����;:..�.nr. Executive Summary For Action Golden Valley City Council Meeting December 17, 2013 Agenda Item 3. J. Receipt of November 2013 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 Fund) Storm Utility Fund (Enterprise Fund) Equipment Replacement Fund (Capital Projects Fund) General Fund Operations: As of November 2013, the City uses$3,212,751 of fund balance to balance the General Fund Budget. Attachments • November 2013 General Fund Financial Reports- unaudited (2 pages) • November 2013 Conservation/Recycling Fund Financial Report- unaudited (1 page) • November 2013 Water and Sewer Utility Fund Financial Report- unaudited (1 page) • November 2013 Brookview Golf Course Fund Financial Report- unaudited (1 page) • November 2013 Motor Vehicle Licensing Fund Financial Report- unaudited (1 page) • November 2013 Storm Utility Fund Financial Report - unaudited (1 page) • November 2013 Equipment Replacement Fund Report (1 page) Recommended Action Motion to receive and file the November 2013 Financial Reports. City of Golden Valley Monthiy Budget Report-General Fund Expenditures November, 2013 (unaudited) Over % 2013 November YTD (Under) Of Budget Division Budget Actual Actual Budget Expend. oo� Council $286,185 25,568 274,403 ($11,782) 95.88% 003 City Manager 729,810 44,941 569,521 (160,289) 78.04% 004 Transfers Out 444,710 0 294,710 (150,000) 66.27% (1) 005 Admin. Services 1,594,515 109,204 1,391,073 (203,442) 87.24°/a 006 Legal 135,000 3,447 61,862 (73,138) 45.82% (2) oo� Risk Management 300,000 0 262,532 (37,468) 87.51% o�� General Gov't. Bldgs. 525,990 33,416 488,781 (37,209) 92.93% o�s Planning 323,750 22,539 268,081 (55,669) 82.80% ozz Police 4,862,455 406,506 4,246,262 (616,193) 87.33% 023 Fire and Inspections 1,591,200 133,186 1,433,727 (157,473) 90.10% 035 Public Works Admin. 321,545 27,118 283,541 (38,004) 88.18% 036 Engineering 668,745 58,677 518,041 (150,704) 77.46% 03� Streets 1,385,115 113,213 1,179,194 (205,921) 85.13% os5 Community Center 72,910 5,926 42,636 (30,274) 58.48% os6 Park& Rec.Admin. 665,465 47,596 545,816 (119,649) 82.02% 06� Park Maintenance 1,006,895 72,659 875,257 (131,638) 86.93% oss Recreation Programs 420,095 6,407 473,370 53,275 112.68% TOTAL Expenditures $15,334,385 $1,110,403 $13,208,807 ($2,125,578) 86.14% (1)The remaining $150,000 will be made with a budget adjustment(council resolution later this year). (2) Legal bills are billed through October. City of Golden Valley Monthiy Budget Report-General Fund Revenues November, 2013 Percentage Of Year Compieted 91.60% Over % 2013 November YTD (Under) of Budget Type Budget Actual Actual Budget Received Ad Valorem Taxes $11,967,780 0 6,212,303 ($5,755,477) 51.91% (1) Licenses 191,510 4,350 233,594 $42,084 121.97% (2) Permits 693,200 117,390 1,177,424 $484,224 169.85% (3) Federal Grants 0 0 14,350 $14,350 StateAid 10,500 4,777 40,143 $29,643 382:31% (4) HennepinCountyAid 24,000 0 11,521 ($12,479) (5) Charges For Services: General Government 43,560 125 35,766 ($7,794) 82.11% Public Safety 151,385 3,336 132,628 ($18,757) 87.61% Public Works 140,000 4,080 127,166 ($12,834) 90.83% Park& Rec 423,750 18,276 568,363 $144,613 134.13% Other Funds 981,500 64,279 832,643 ($148,857) 84.83% Fines& Forfeitures 280,000 26,178 319,613 $39,613 114.15% Interest On Investments 100,000 0 900 ($99,100) 0.90% (6) Miscellaneous Revenue 227,200 15,830 197,975 ($29,225) 87.14% Transfers In 100,000 8,333 91,667 ($8,333) 91.67% (7) TOTAL Revenue $15,334,385 $266,954 $9,996,056 ($5,338,329) 65.19% Notes: (1) Payments are received in July, December, and January. (2)Apartments, Pawn and Liquor License revenue were higher than budgeted. (3) Building permit revenue increased with new home construction. (4) Police Training was paid in August. Safe and Sober is billed on time spent. (5) Payment for officer to be part of the Violent Offenders Task Force. (6) Investment income is allocated at year end. (7)Transfers are monthly. City of Golden Valley Monthly Budget Report-Conservation/Recycling Enterprise Fund November 2013 (unaudited) Over 2013 November YTD (Under) % Budget Actua) Actual Budget Current Revenue Hennepin County Recycling Grant 56,500 0 56,773 273 100.48% Recycling Charges 274,950 23,666 230,807 (44,143) 83.95% (3) Miscellaneous Revenues 25,000 0 8,106 (16,894) (4) Interest on Investments 5,000 0 0 (5,000) 0.00% (1) Total Revenue 361,450 23,666 295,686 (65,764) 81.81% Expenses Recycling 397,250 42,480 353,722 (43,528) 89.04% (2) Total Expenses 397,250 42,480 353,722 (43,528) 89.04% (1) Interest Earnings are allocated at year-end. (2) This includes through September services as of YTD. (3) Recycling Charges are through November 2013 (City Utility Bill). (4)This includes Mighty Tidy revenue. City of Golden Valley Monthly Budget Report-Water and Sewer Utility Enterprise Fund November,2013(unaudited) Over 2013 November YTD (Under) % Budget Actual Actual Budget Current Revenue Water Charges 4,103,415 338,705 3,871,560 (231,855) 94.35% Sewer Charges 3,300,970 278,874 2,756,753 (544,217) 83.51% Meter Sales 5,000 2,958 9,139 4,139 182.78% MCES Grant Program 0 0 125,522 125,522 Penalties 120,000 10,986 102,295 (17,705) 85.25% Charges for Other Services 275,000 9,614 210,840 (64,160) 76.67% State Water Testing Fee Pass Through 43,000 3,986 38,635 (4,365) 89.85% Certificate of Compliance 60,000 4,050 74,800 14,800 124.67% Interest Earnings 50,000 0 0 (50,000) Q.00% Total Revenue 7,957,385 649,173 7,189,544 (767,841) 90.35% Expenses: Utility Administration 1,703,005 86,329 1,288,476 (414,529) 75.66% Sewer Maintenance 2,291,115 181,371 2,074,911 (216,204) 90.56% Water Maintenance 4,141,820 242,744 3,566,497 (575,323) 86.11% Total Expenses 8,135,940 510,444 6,929,884 (1,206,056) 85.18% City of Golden Valley Monthly Budget Report-Brookview Golf Course Enterprise Fund(3) November, 2013(unaudited) Over 2013 November YTD (Under) % Budget Actual Actual Budget Current Revenue Green Fees 880,780 5,008 746,462 (134,318) 84.75% Driving Range Fees 105,000 325 81,756 (23,244) 77.86% Par 3 Fees 180,000 709 136,079 (43,921) 75.60% Pro Shop Sales 78,500 711 80,375 1,875 102.39% Pro Shop Rentals 228,600 1,317 218,229 (10,371) 95.46% Concession Sales 214,700 1,999 206,417 (8,283) 96.14% Other Revenue 67,325 1,626 77,554 10,229 115.19% Interest Earnings 10,000 0 0 (10,000) 0.00% (1) Less:Credit Card Charges/Sales Tax (40,000) (3,691) (27,801) 12,199 69.50% (4) Total Revenue 1,724,905 8,004 1,519,071 (205,834) 88.07% Expenses: Golf Operations 659,860 46,124 588,828 (71,032) 89.24% (2) Course Maintenance 718,285 49,113 607,086 (111,199) 84.52% Pro Shop 107,395 2,030 102,045 (5,350) 95.02% Grill 170,330 2,612 161,228 (9,102) 94.66% Driving Range 46,645 847 34,931 (11,714) 74.89% Par 3 Course 22,350 35 3,746 (18,604) 16.76% Total Expenses 1,724,865 100,761 1,497,864 (227,001) 86.84% (1) Interest Earnings are allocated at year-end. (2) Depreciation is allocated at year-end. (3) Course opened April 26 and closed November 10. (4) Credit card fees are through October. City of Golden Valley Monthly Budget Report-Motor Vehicle Licensing Enterprise Fund November 2013(unaudited) Over 2013 November YTD (Under) % Budget Actual Actual Budget Current Revenue Interest Earnings 2,000 0 0 (2,000) 0.00% (1) Charges for Services 391,915 19,984 281,276 (110,639) 71.77% Total Revenue 393,915 19,984 281,276 (112,639) 71.41% Expenses: Motor Vehicle Licensing 399,915 28,265 315,384 (84,531) 78.86% Total Expenses 399,915 28,265 315,384 (84,531) 78.86% (1) Interest Earnings are allocated at year-end. City of Golden Valley Monthly Budget Report-Storm Utility Enterprise Fund November,2013(unaudited) Over 2013 November YTD (Under) % Budget Actual Actual Budget Current Revenue Interest Earnings 50,000 0 0 (50,000) 0.00% (1) Storm Sewer Charges 2,228,920 191,427 2,025,591 (203,329) 90.88% Bassett Creek Watershed 196,000 325,755 809,604 613,604 413.06% Miscellaneous Receipts 0 88,824 92,259 92,259 State Grant-Other 0 0 22,190 22,190 (3) Total Revenue 2,474,920 606,006 2,949,644 474,724 119.18% Expenses: Storm Utility 1,636,425 155,411 1,698,406 61,981 103.79% (2) Street Cleaning 121,780 17,445 80,712 (41,068) 66.28% Environmental Control 287,845 33,257 221,697 (66,148) 77.02% Debt Service Payments 437,140 0 438,749 1,609 100.37% Total Expenses 2,483,190 206,113 2,439,564 (43,626) 98.24% (1) Interest Earnings are allocated at year-end. (2) Depreciation is allocated at year-end and. 2012 PMP and 2013 PMP are not complete. (3) Project Reimbursement. 2013 Equipment Replacement Fund(CIP)-Fund 5700 2013 November YTD Budget Total Actual Remaining Revenues: Proceeds-Certificate of Indebtedness 750,000 0 762,372 12,372 SaleofAssets 35,000 17,180 80,875 45,875 Miscellaneous 540 540 540 Interest Earnings(allocated atyear end) 15,374 0 0 (15,374) Transfers from DUI Fund 0 0 35,000 35,000 Total Revenues 800,374 17,720 878,787 78,413 Expenditures: Program# Project Number Project Name Bond Expenditures 0 0 9,148 (9,148) (1) 5701 V&E-001 Marked Squad Cars(Police) 35,000 0 110,374 (75,374) (2) 5702 V&E-002 Computers and Printers(Finance) 60,p00 6,298 45,910 14,090 5703 V&E-003 Imaging System(finance) 15,000 0 7,747 7,253 5711 V&E-�11 Passenger Vehicle(Fire) 35,000 0 33,447 1,553 5795 V&E-047 Pickup Truck(Park) 30,000 0 26,348 3,652 5790 V&E-048 Rotary Mower(Park) 95,000 0 98,375 (3,375) 5796 V&E-057 Pickup Truck(Park) 53,000 0 51,082 1,918 5720 V&E-058 Fire Hose(Fire) 10,000 0 9,800 200 5786 V&E-064 Sidewalk/Maintenance Tractor(Street) 155,000 0 146,459 8,541 5791 V&E-085 Utility Vehicle(Fire) 35,000 0 33,447 1,553 5798 V&E-088 Single Axle Dump Truck(Street) 235,000 0 83,413 151,587 5788 V&E-092 Marked Squad Digital Recording System(Police) 80,000 0 96,711 (16,711) 5793 V&E-117 BobcatToolcat(Park) 50,000 0 49,740 260 (3) V&E-123 Trailer(Park) 10,000 0 0 10,000 5794 V&E-124 Lawn Mower(Park) 20,000 0 20,845 (845) 5792 V&E-125 Skid Loader(Street) 60,000 0 60,862 (862) Total Expenditures 978,000 6,298 883,708 94,292 (1)Three squads total;includes replacement of one squad from accident;Traffic Car pad with transfer from DWI forfeitures. (2)Compu�Computers are replaced every 4-5 years and purchased throughout the year based on available time. (3)Needs to be approved and purchased. GZ��1 C3� �'�+ Finance Department 763-593-8013 i 763-593-8109(fax) ��� _� � Executive Summary For Action Golden Valley City Council Meeting December 17, 2013 Agenda Item 3. K. Authorization to Sign Engagement Letter with Malloy, Montague, Karnowski, Radosevich, & Co. for 2013 Audit Services Prepared By Sue Virnig, Finance Director Summary Each year the City is required to have a State Legal Compliance Audit performed in accordance with auditing standards established by the Auditing Standards Board and Minnesota Statutes. Staff recommends the authorization for services with Malloy, Montague, Karnowski, Radosevich & Co. for 2013 audit services for$43,900. The cost has remained the same for the past two years. This amount is also for reviewing the Housing and Redevelopment Authority Funds. Preliminary fieldwork will begin in January with final fieldwork starting on February 24. Attachments Engagement Letter with Malloy, Montague, Karnowski, Radosevich & Co., P.A. (7 pages) Recommended Action Motion to authorize the City Manager to sign Engagement Letter with Malloy, Montaque, Karnowski, Radosevich & Co., P.A. for the 2013 audit services for$43,900. PRINCIPALS � f Thomas M.Montague,CPA Thomas A.Karnowski,CPA Paul A.Radosevich,CPA William J.Lauer,CPA C E R T I F I E D P U B L I C james H.Eichten,CPA 1� C C O U N T A N T S Aaron J.Nielsen,CPA Victoria L.Holinka,CPA December 11,2013 To the City Council and Management of the City of Golden Valley 7800 Golden Valley Road Golden Valley,MN 55427 Dear Councilmembers and Management: We are pleased to conf'irm our understanding of the services we are to provide the City of Golden Valley (the City) for the year ended December 31, 2013. We will audit the financial statements of governmental activities,the business-type activities, each major fund,the aggregate remaining fund information,and the budgetary comparison for the General Fund, including the related notes to the financial statements, which collectively comprise the City's basic financial statements as of and for the year ended December 31, 2013. Accounting standards generally accepted in the United States of America provide for certain required supplementary information(RSn, such as Management's Discussion and Analysis (MD&A), to supplement the City's basic financial statements. Such information, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board (GASB) who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. As part of our engagement,we will apply certain limited procedures to the City's RSI in accordance with auditing standards generally accepted in the United States of America. These limited procedures will consist of inquiries of management regarding the methods of preparing the information and comparing the inforxnation for consistency with management's responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We will not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance. The following RSI is required by accounting principles generally accepted in the United States of America and will be subjected to certain limited procedures, but will not be audited: 1. MD&A 2. GASB-required other post-employment benefits information We have also been engaged to report on supplementary information other than RSI that accompanies the City's financial statements. We will subject the following supplementary information to the auditing procedures applied in our audit of the financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the financial statements or to the financial statements themselves, and other additional procedures in accordance with auditing standards generally accepted in the United States of America and will provide an opinion on it in relation to the financial statements as a whole: 1. Combining and individual fund statements and schedules Malloy, Montague, Karnowski, Radosevich & Co., P.A. 5353 Wayzata Boulevard • Suite 410 • Minneapolis, MN 55416 • Telephone: 952-545-0424 • Telefax: 952-545-0569 • www.mmkr.com , City of Golden Valley Page 2 December 11, 2013 The following other information accompanying the financial statements will not be subjected to the auditing procedures applied in our audit of the financial statements, and for which our auditor's report will not provide an opinion or any assurance on that other information: 1. Introductory section 2. Statistical section We will perform the required State Legal Compliance Audit conducted in accordance with auditing standards generally accepted in the United States of America and the provisions of the Legal Compliance Audit Guide,promulgated by the State Auditor pursuant to Minnesota Statute § 6.65 and will include such tests of the accounting records and other procedures we consider necessary to enable us to conclude that, for the items tested, the City has complied with the material terms and conditions of applicable legal provisions. We will also prepare a management report for the City Council and administration. This report will communicate such things as our concerns regarding accounting procedures or policies brought to our attention during our audit, along with recommendations for improvements. The report will also contain certain financial comparisons and analysis, and other information of interest. Our services will not include an audit in accordance with the Single Audit Act Amendments of 1996 and the U.S. Office of Management and Budget Circular A-133, which would only be required if the City expended $500,000 or more in federal assistance funds during the year. If the City is required to have a single audit of federal assistance funds,this engagement letter would need to be modified. Audit Objectives The objective of our audit is the expression of opinions as to whether your basic financial statements are fairly presented, in all material respects, in conformity with accounting principles generally accepted in the United States of America and to report on the fairness of the supplementary information referred to in the second paragraph when considered in relation to the financial statements as a whole. Our audit will be conducted in accordance with auditing standards generally accepted in the United States of America and the standards for financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States, and will include tests of the accounting records of the City and other procedures we consider necessary to enable us to express such opinions. We cannot provide assurance that unmodified opinions will be expressed. Circuxnstances may arise in which it is necessary for us to modify our opinions or add emphasis-of-matter or other-matter paragraphs. If our opinions on the financial statements are other than unmodified, we will discuss the reasons with you in advance. If, for any reason,we are unable to complete the audit or are unable to form or have not formed opinions, we may decline to express opinions or to issue a report as a result of this engagement. , City of Golden Valley Page 3 December 11,2013 We will also provide a report(that does not include an opinion) on internal control related to the financial statements and compliance with the provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a material effect on the financial statements as required by Government Auditing Standards. The reports on internal control and compliance will each include a paragraph that states that the purpose of the report is solely to describe the scope of testing of internal control over financial reporting and compliance, and the result of that testing, and not to provide an opinion on the effectiveness of internal control over financial reporting or on compliance, and that the report is an integral part of an audit performed in accordance with Government Auditing Standards in considering internal control over financial reporting and compliance. The paragraph will also state that the report is not suitable for any other purpose. If during our audit we become aware that the City is subject to an audit requirement that is not encompassed in the terms of this engagement, we will communicate to management and those charged with governance that an audit in accordance with auditing standards generally accepted in the United States of America and the standards for financial audits contained in Government Auditing Standards may not satisfy the relevant legal, regulatory, or contractual requirements. Management Responsibilities Management is responsible for the basic financial statements and all accompanying information as well as all representations contained therein. As part of the audit, we will assist with preparation of your financial statements and related notes. You will be required to acknowledge in the management representation letter our assistance with preparation of the financial statements and that you have reviewed and approved the financial statements and related notes prior to their issuance and have accepted responsibility for them. You agree to assume all management responsibilities for any nonaudit services we provide; oversee the services by designating an individual, preferably from senior management,who possesses suitable skill,knowledge, or experience; evaluate the adequacy and results of the services, and accept responsibility for them. Management is responsible for establishing and maintaining effective internal controls, including evaluating and monitoring ongoing activities,to help ensure that appropriate goals and objectives are met; for the selection and application of accounting principles; and for the preparation and fair presentation of the financial statements in conformity with accounting principles generally accepted in the United States of America. Management is also responsible for making all financial records and related information available to us and for ensuring that management and financial information is reliable and properly recorded. You are also responsible for providing us with(1) access to all information of which you are aware that is relevant to the preparation and fair presentation of the financial statements, (2) additional information that we may request far the purpose of the audit, and(3)unrestricted access to persons within the City from whom we determine it necessary to obtain audit evidence. Your responsibilities include adjusting the financial statements to correct material misstatements and for confirming to us in the written representation letter that the effects of any uncorrected misstatements aggregated by us during the current engagement and pertaining to the latest period presented are immaterial,both individually and in the aggregate,to the financial statements taken as a whole. , City of Golden Valley Page 4 December 1l, 2013 You are responsible for the design and implementation of programs and controls to prevent and detect fraud, and for informing us about all known or suspected fraud affecting the City involving (1)management, (2) employees who have significant roles in internal control, and (3) others where the fraud could have a material effect on the financial statements. Your responsibilities include infornung us of your knowledge of any allegations of fraud or suspected fraud affecting the City received in communications from employees, former employees, gantors, regulators, or others. In addition, you are responsible for identifying and ensuring that the City complies with applicable laws, regulations, contracts, agreements, and grants for taking timely and appropriate steps to remedy any fraud, violations of contracts or grant agreements, or abuse that we may report. You are responsible for the preparation of the supplementary information in confornuty with accounting principles generally accepted in the United States of America. You agree to include our report on the supplementary information in any document that contains and indicates that we have reported on the supplementary information. You also agree to include the audited financial statements with any presentation of the supplementary information that includes our report thereon OR make the audited financial statements readily available to users of the supplementary information no later than the date the supplementary information is issued with our report thereon. Your responsibilities include acknowledging to us in the written representation letter that (1) you are responsible for presentation of the supplementary information in accordance with accounting principles generally accepted in the United States of America; (2) that you believe the supplementary information, including its form and content, is fairly presented in accordance with accounting principles generally accepted in the United States of America; (3) that the methods of ineasurement or presentation have not changed from those used in the prior period(or, if they have changed,the reasons for such changes); and(4)you have disclosed to us any significant assumptions or interpretations underlying the measurement or presentation of the supplementary information. Management is responsible for establishing and maintaining a process for tracking the status of audit findings and recommendations. Management is also responsible for identifying for us previous financial audits, attestation engagements,performance audits, or other studies related to the objectives discussed in the Audit Objectives section of this letter. This responsibility includes relaying to us corrective actions taken to address significant findings and recommendations resulting from those audits, attestation engagements,performance audits, or other studies. You are also responsible for providing management's views on our current findings, conclusions, and recommendations, as well as your planned corrective actions, for the report, and for the timing and format for providing that information. Audit Procedures—General An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements; therefore, our audit will involve judgment about the number of transactions to be examined and the areas to be tested. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluating the overall presentation of the financial statements. We will plan and perform the audit to obtain reasonable, rather than absolute assurance about whether the financial statements are free of material misstatement, whether from(1) errors, (2) fraudulent financial reporting, (3)misappropriation of assets, or (4) violations of laws or governmental regulations that are attributable to the City or to acts by management or employees acting on behalf of the City. Because the determination of abuse is subjective, Government Auditing Standards do not expect auditors to provide reasonable assurance of detecting abuse. , � � City of Golden Valley Page 5 December 11, 2013 Because of the inherent limitations of an audit, combined with the inherent limitations of internal control, and because we will not perform a detailed examination of all transactions, there is a risk that material misstatements may exist and not be detected by us, even though the audit is properly planned and performed in accordance with auditing standards generally accepted in the United States of America and Government Auditing Standards. In addition, an audit is not designed to detect immaterial misstatements or violations of laws or governmental regulations that do not have a direct and material effect on the financial statements. However, we will inform the appropriate level of management of any material errors, any fraudulent financial reporting, or misappropriation of assets that come to our attention. We will also inform the appropriate level of management of any violations of laws or governmental regulations that come to our attention, unless clearly inconsequential. Our responsibility as auditors is limited to the period covered by our audit and does not extend to later periods for which we are not engaged as auditors. Our procedures will include tests of documentary evidence supporting the transactions recorded in the accounts, and may include tests of the physical existence of inventories, and direct confirmation of receivables and certain other assets and liabilities by correspondence with selected individuals, funding sources, creditors, and financial institutions. We will request written representations from your attorneys as part of the engagement, and they may bill you for responding to this inquiry. At the conclusion of our audit, we will require certain written representations from you about the financial statements and related matters. Audit Procedures—Internal Controls Our audit will include obtaining an understanding of the City and its environment, including internal control, sufficient to assess the risks of material misstatement of the financial statements and to design the nature, timing, and extent of further audit procedures. Tests of controls may be performed to test the effectiveness of certain controls that we consider relevant to preventing and detecting errors and fraud that are material to the financial statements and to preventing and detecting misstatements resulting from illegal acts and other noncompliance matters that have a direct and material effect on the financial statements. Our tests, if performed,will be less in scope than would be necessary to render an opinion on internal control and, accordingly, no opinion will be expressed in our report on internal control issued pursuant to Government Auditing Standards. An audit is not designed to provide assurance on internal control or to identify significant deficiencies or material weaknesses. However, during the audit,we will communicate to management and those charged with governance internal control related matters that are required to be communicated under AICPA professional standards and Government Auditing Standards. Audit Procedures—Compliance As part of obtaining reasonable assurance about whether the financial statements are free of material misstatement, we will perform tests of the City's compliance with applicable laws and regulations and the provisions applicable laws, regulations, contracts, agreements, and grants. However, the objective of our audit will not be to provide an opinion on overall compliance and we will not express such an opinion in our report on compliance issued pursuant to Government Auditing Standards. Engagement Administration,Fees,and Other We understand that your employees will prepare all cash or other confirmations we request and will locate any documents selected by us for testing. 4 • � City of Golden Valley Page 6 December 11, 2013 The assistance to be supplied by your personnel, including the preparation of schedules and analysis of accounts, typing all cash or other confirmations we request, and locating any invoices selected by us for testing,will be discussed and coordinated with you. We will provide copies of our reports to the City; however, management is responsible for distribution of the reports and the financial statements. Unless restricted by law or regulation, or containing privileged and confidential information, copies of our reports are to be made available for public inspection. The audit documentation for this engagement is the property of Malloy, Montague, Karnowski, Radosevich & Co., P.A. (MMKR) and constitutes confidential information. However, pursuant to authority given by law or regulation, we may be requested to make certain audit documentation available to a regulatory agency or its designee, a federal agency providing direct or indirect funding, or the U.S. Government Accountability Office for purposes of a quality review of the audit,to resolve audit findings, or to carryout oversight responsibilities. We will notify you of any such request. If requested, access to such audit documentation will be provided under the supervision of MMKR personnel. Furthermore, upon request, we may provide copies of selected audit documentation to the aforementioned parties. These parties may intend, or decide, to distribute the copies or information contained therein to others, including other governmental agencies. The audit documentation for this engagement will be retained for a minimum of five years after the report release date or for any additional period requested by the regulatory agency. If we are aware that a federal awarding agency or auditee is contesting an audit finding,we will contact the party(ies)contesting the audit finding for guidance prior to destroying the audit documentation. We expect to begin our audit in March 2014 and to issue our reports no later than June 30, 2014. William J. Lauer, CPA is the engagement partner and is responsible for supervising the engagement and signing the report. Our fees far these services will be based on the actual time spent at our standard hourly rates. We will also bill you for travel and other out-of-pocket costs such as report production, typing, and postage. Our standard hourly rates vary according to the degree of responsibility involved and the experience level of the personnel assigned to your audit. Our invoices for these fees will be rendered each month as work progesses and are payable upon presentation. Unless additional work is requested, or circumstances require additional work,we estimate that the basic audit fees will be$43,900. These fees are based on anticipated cooperation from your personnel and the assumption that unexpected circumstances will not be encountered during the audit. If we find that additional audit procedures are required, ar if additional services are requested by the City, those services will be billed at our standard hourly rates. Additional audit procedures might be required for certain accounting issues or events, such as new contractual agreements,transactions and legal requirements of new bond issues, new funds, major capital projects, new tax increment districts, if there is an indication of misappropriation or misuse of public funds, or if significant difficulties are encountered due to the lack of accounting records, incomplete records, or turnover in the City's staff. With regard to the electronic dissemination of audited financial statements, including financial statements published electronically on your website, you understand that electronic sites are a means to distribute information and, therefore, we are not required to read the information contained in these sites or to consider the consistency of other information in the electronic site with the original docuxnent. If you intend to publish or otherwise reproduce the financial statements, such as in a bond statement, and make reference to our firm name, you agree to provide us with printers' proofs ar masters for our review and approval before printing. You also agree to provide us with a copy of the final reproduced material for our approval before it is distributed. � . `� � City of Golden Valley Page 7 December 11, 2013 When requested, Government Auditing Standards require that we provide you with a copy of our most recent external peer review report and letter of comment, and any subsequent peer review reports and letters of comment received during the period of the contract. Our most recent peer review report accompanies this letter. We appreciate the opportunity to be of service to the City and believe this letter accurately summarizes the significant terms of our engagement. If you have any questions, please let us know. If you agree with the terms of our engagement as described in this letter,please sign the enclosed copy and return it to us. Sincerely, MALLOY,MONTAGUE,KARNOWSKI,RADOSEVICH&CO.,P.A. ��.�.��.,,..� . ��_ � William J. Lauer, CPA Principal WJL:kch Response: This letter correctly sets forth the understanding of the City of Golden Valley. By: Title: Date: ci�� �� �� ��� ��. �'�� Finance Department 763-593-8013/763-593-8109(fax) Executive Summary For Action Golden Valley Council Meeting December 17, 2013 Agenda item 3. L. Amendments to 2013 General Fund Budget and Transferring Funds from Building Improvement Fund to Park Improvement Fund Prepared By Sue Virnig, Finance Director Summary When the 2013 General Fund Budget was approved it included $150,000 in Transfers Out for future salary adjustments. Those salary adjustments were approved on July 2 and October 15 with Resolutions 13-61, 13-95 and 13-96. The resolution attached includes amending the budget to allocate the $150,000 to various Divisions that had adjustments. In March 2013,the Council approved $150,000 from the General Fund to be transferred to the Building Improvement Fund. Since then, the improvements to the lower level of City Hall were not made so the monies were used to help fund new playground equipment at Brookview Park. Those funds need to be transferred to the Park Improvement Fund. Attachments Resolution Amending the 2013 Budget of the General Fund (2 pages) Resolution Authorizing the Transfer of$150,000 from the Building Improvement Fund to the Park Improvement Fund (1 page) Recommended Action Motion to adopt Resolution Amending the 2013 Budget of the General Fund. . Motion to adopt Resolution Authorizing the Transfer of$150,000 from the Building Improvement Fund to the Park Improvement Fund. Resolution 13-110 December 17, 2013 Member introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 2013 BUDGET OF THE GENERAL FUND WHEREAS, in 2013, the General Fund Budget included $150,000 in Transfers for a contingency for salary adjustments; and WHEREAS, on July 2, Resolution 13-61 Amended the Labor Agreement Between Police Officers; and WHEREAS, on October 15, Resolution 13-95 modified General Wages and Salaries for Non-Union Personnel, and the Police Union Contract for market adjustments for salaries and wages; and WHEREAS, on October 15, Resolution 13-96 Updated City Manager Employment Agreement; and BE IT RESOLVED by the City Council of the City of Golden Valley, Minnesota, that the 2013 General Fund Budget is hereby amended. DIVISION DESCRIPTION AMOUNT 003 City Manager $3,000 005 Administrative Services 1,000 016 Community Development 2,000 022 Police 135,000 023 Fire 3,000 036 Engineering 1,500 037 Streets 2,500 067 Park Maintenance 2,000 TOTAL 2013 AMENDED BUDGET $150,000 BE IT RESOLVED by the City Council that the sources of financing the sums appropriated shall be: DESCRIPTION AMOUNT 004 Transfers Out $150,000 TOTAL 2013 AMENDED BUDGET $15�000 Resolution 13-110 - Continued December 17, 2013 BE IT RESOLVED by the City Council that no additional sources of financing the sums appropriated. BE IT FURTHER RESOLVED, that the City Council declares its intent to take all necessary actions legally permissible to the submission and approval of the Amended City's 2013 budget and final. 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 13-111 December 17, 2013 Member introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE TRANSFER OF $150,000 FROM THE BUILDING IMPROVEMENT FUND TO THE PARK IMPROVEMENT FUND WHEREAS, the transfer of$150,000 was transferred to the Building Improvement Fund from the General Fund in 2012 for Improvements, and WHEREAS, the transfer of$150,000 will be now transferred to the Park Improvement Fund from the Building Improvement Fund to fund Brookview Park Equipment, and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Golden Valley to authorize the transfer of$150,000 from the Building Improvement Fund to the Park Impravement Fund ($150,000). 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. CZ��' C�� City Administration/Council 763-593-3989/763-593-8109(fax) �;;����t �- Executive Summary For Action Golden Valley City Council Meeting December 17, 2013 Agenda Item 3. M. Approval of 2014 Genera) Wages and Salaries for Non-union Personnel Prepared By Chantell Knauss, Assistant City Manager Summary Attached is the compensation resolution establishing wages and salaries for all non-union employees for 2014. The resolution proposes a 2.5%general wage increase. The schedule also includes the final phase of market adjustments for those positions that were identified as being in need of market adjustments by the compensation study conducted earlier this year. The resolution also establishes the City's monthly contribution toward employee benefits in the City's cafeteria plan. There is an $84 per month increase in the benefit contribution by the City for 2014, due to the increase in premium costs which were also impacted by the mandatory requirements of the Health Care Reform Act. As in previous years, there is an additiona) $20 per month incentive for those employees who successfully participated in the 2013 City Wellness at Work program. Attachments • Resolution Establishing 2014 General Wages and Salaries for Non-union Personnel (3 pages) Recommended Action Motion to adopt Resolution Establishing 2014 General Wages and Salaries for Non-union Personnel. Resolution 13-112 December 17, 2013 Member introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING 2014 GENERAI. WAGES AND SALARIES FOR ALL NON-UNION PERSONNEL BE IT RESOLVED by the City Council of the City of Golden Valley that it hereby adopts the following general wages, salaries and benefits schedule for all non-union personnel for the year 2014, said schedule to commence for work perFormed by the personnel named herein effective as of January 1, 2014. MANAGEMENT TEAM Step 1 Step 2 Step 3 Step 4 Step 5 Police Chief $108,870 $114,054 $119,238 $124,423 $129,607 Director of Public Works 108,117 113,266 118,414 123,563 128,711 Fire Chief 105,573 110,600 115,627 120,655 125,682 Finance Director 103,170 108,082 112,995 117,908 122,821 Community Development Director 101,777 106,623 111,470 116,316 121,163 Director of Parks and Recreation 101,522 106,356 111,190 116,025 120,859 Assistant City Manager 99,891 104,648 109,405 114,16'1 118,918 Communications Manager 70,201 73,544 76,887 80,230 83,573 DIVISION HEADS/SUPERVISORS Step 1 Step 2 Step 3 Step 4 Step 5 City Engineer 99,891 104,648 109,405 114,161 118,918 Police Commander 88,063 92,257 96,450 100,644 104,837 Public Works Maintenance Manager 85,120 89,173 93,226 97,280 101,333 Information Technology Coordinator 84,312 88,327 92,342 96,357 100,372 Building Official 82,701 86,640 90,578 94,516 98,454 Park Supervisor 76,186 79,814 83,442 87,070 90,698 Street Supervisor 76,186 79,814 83,442 87,070 90,698 Utility Supervisor 76,186 79,814 83,442 87,070 90,698 Golf Operations Manager 71,641 75,053 78,464 81,876 85,287 Greens Superintendent 71,641 75,053 78,464 81,876 85,287 City Clerk 69,261 72,559 75,857 79,155 82,453 Vehicle Maintenance Foreman 66,144 69,294 72,444 75,593 78,743 Deputy Registrar Supervisor 61,107 64,016 66,926 69,836 72,746 PROFESSIONAL EXEMPT Step 1 Step 2 Step 3 Step 4 Step 5 Police Lisutenant 94,255 97,170 Deputy Fire Chief 80,204 84,023 87,843 91,662 95,481 Accounting Coordinator 69,608 72,923 76,238 79,552 82,867 Public Works Specialist 63,657 66,688 69,719 72,751 75,782 Accountant I 62,611 65,593 68,574 71,556 74,537 Recreation Supervisor 61,678 64,615 67,552 70,489 73,426 Support Services Coordinator 61,107 64,016 66,926 69,836 72,746 Graduate Engineer 59,804 62,652 65,499 68,347 71,195 Planner 57,007 59,722 62,437 65,151 67,866 Information Technology Technician 56,918 59,629 62,339 65,050 67,760 Assistant Golf Operations Manager 52,963 55,485 58,007 60,529 63,051 Assistant Forester 51,071 53,503 55,935 58,367 60,799 Resolution 13-112 - Continued December 17, 2013 EXEMPT CREATIVE PROFESSIONAL Step 1 Step 2 Step 3 Step 4 Step 5 Graphic Designer/Web Specialist 42,575 44,602 46,629 48,657 50,684 EXEMPT ESTABLISHMENT EMPLOYEES Step 1 Step 2 Step 3 Step 4 Step 5 Mechanic - Golf Course 45,586 47,757 49,927 52,098 54,269 Turf Maintenance Foreman 44,453 46,570 48,686 50,803 52,920 Turf Maintenance Assistant 35,127 36,800 38,473 40,145 41,818 NON-EXEMPT Step 1 Step 2 Step 3 Step 4 Step 5 Engineering Technician III 30.60 32.06 33.52 34.97 36.43 Chief Building Inspector 30.53 31.98 33.43 34.89 36.34 Building Inspector 29.01 30.40 31.78 33.16 34.54 Public Works Inspector 29.01 30.40 31.78 33.16 34.54 Fire Education Specialist 26.80 28.07 29.35 30.62 31.90 Fire/Property Maintenance Specialist 26.80 28.07 29.35 30.62 31.90 Crew Leader - Maintenance 30.25 GIS Technician 24.55 25.72 26.89 28.06 29.23 Public Works Maintenance 21.68 23.00 24.32 26.13 Step C 27.45 Step B 27.99 Step A 28.56 Administrative Assistant 21.37 22.39 23.40 24.42 25.44 Communications Specialist 21.37 22.39 23.40 24.42 25.44 Accounts Receivable/Election Assistant 21.37 22.39 23.40 24.42 25.44 Assessment/Accounts Payable Technician 21.37 22.39 23.40 24.42 25.44 Utility Billing/Accounts Payable Technician 21.37 22.39 23.40 24.42 25.44 Motor Vehicle License Clerk 18.09 18.95 19.81 20.67 21.53 Community Service Officer 17.72 18.07 Office Clerk 16.88 17.68 18.48 19.29 20.09 Receptionist 16.88 17.68 18.48 19.20 20.09� FIRE DEPARTMENT Battalion Chief 19.43 per hour Captain 18.71 per hour L.ieutenant 17.35 per hour Firefighter 15.06 per hour Firefighter - Apprentice 12.69 per hour Firefighter in Training 9.53 per hour TEMPORARY PART-TIME AND SEASONAL Minimum Wages 7.25 per hour Maximum Wages 17.00 per hour Resolution 13-112 - Continued December 17, 2013 AND, BE IT FURTHER RESOLVED that: 1. The dollar amount of the City's contribution to benefits for employees classified under the categories of Non-exempt, Exempt Establishment, Exempt Creative Professional and Professional Exempt will be $1,127 per month effective January 1, 2014. The City will also pay the cost of group term life IRS maximum non-taxable level and group disability insurance for those employees. 2. The dollar amount of the City's contribution to benefits for employees classified under Management Team and/or Division Head/Supervisor categories who have been appointed in such designated positions prior to May 1, 2011 will be $1,148 per month plus 2% of monthly salary effective January 1, 2014. The City will also pay the cost of group term life IRS maximum non-taxable level and group long-term disability insurance for those employees. 3. Employees who successfully participated in the City wellness program in 2014 will receive an additional $20 per month in the City's contribution towards benefits. 4. Employee service awards are outlined in the Public Purpose Expenditure Policy and shall be considered compensation in accordance with IRS regulations. 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. CZ�� ��� � �� �� ���T I'ublic Works Department �63-593-80301763-593-3988(fax) Executive Summary For Action Golden Valley City Council Meeting December 17, 2013 Agenda Item 4. A. Public Hearing to Vacate Easements at 5400 and 5430 Glenwood Avenue (Meadowbrook Schoo!) Prepared By Jeannine Clancy, Director of Public Works Eric Eckman, Public Works Specialist Summary Hopkins School District, owner of Meadowbrook School at 5430 Glenwood Avenue, has acquired the former Crisis Nursery located at 5400 Glenwood Avenue and is incorporating it into the overall school campus. The school district plans to remodel the 5400 Glenwood building for classroom space and construct a small addition to the southeast corner of the existing school building. In addition, a tunnel will be constructed to connect the school to the 5400 Glenwood building. The parcels will be consolidated and the property re-platted to accommodate the improvements. As part of the platting process, the existing easements must be vacated and new easements dedicated on the proposed plat to better reflect the location of existing and proposed utilities and drainage areas. A notice of public hearing regarding the proposed easement vacation was published and posted and letters were sent to the affected property owners along with the proposed resolution. Staff sent a letter to all private utility companies requesting their review and comment. Notice to the Commissioner of Natural Resources is not required for this vacation. There have been no objections to this easement vacation. Consideration of this easement vacation was supported by resolution of the City Council in their meeting on November 19, 2013, and therefore in accordance with state statutes requires a four- fifths majority vote in favor of the resolution. Attachments • Plat of Meadowbrook Schooi 3rd Addition P.U.D. No. 90 (1 page) • Proposed Vacation - Drainage and Utility Easements as Shown on Plats of Meadowbrook School P.U.D. No. 90 and Meadowbrook School Addition (1 page) • Proposed Vacation - Easement per document No. 3064690 (1 page) • Proposed Vacation - Easement Retained per Resolution No. 99-87 and Recorded as Doc. No. 7195916 (1 page) • Resolution Vacating Easements in Meadowbrook School P.U.D. No. 90 and Meadowbrook School Addition (5400 and 5430 Glenwood Avenue) (2 pages) Recommended Action Motion to adopt Resolution Vacating Easements in Meadowbrook School P.U.D. No. 90 and Meadowbrook School Addition (5400 and 5430 Glenwood Avenue). / � ----- -- w U ;�� - Z=— /� ��� -'-��==°/'�e°°�,�� sp� °_ `b b9 W��Y�+ ��I ��s� S'^'o� 33 g� �> 1�� b�9�,,;;i�%���; -'� e�' �a aa Z� (vw n'�rz1 � % i "�1� ��/,-- Ld'LL! 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NO. 90 ��.� �; . ; � =;' r �:-:-�e -�»�, E. � �;�� � i ���-.,.s���.;r.�,..� � ; �9 � � � `��-:. ���F � ��C ; o ti� i P�L�9L- ! �m�, /'�'O � J i �� i ���a ���O i i `v � ,w� \_ i.� •. � �i�.. + t "��:y ��{ PJ��J�� � .. . �.��P �� • � N__ � � - , ��� i • i � t' � i ��� � I i . . i �J�(F I .. � I i i � i t �uu � � _ �...._,:`..�'_ -.:.e .� ,..:� �S'"'::� -�.'t=°»�: � E _.. _� � L: (. � 1 t: � 1 � r� �p5 . ' � r, '3,: GLENWOOD AVENUE E • � ' � $��� i� �: � ,1 .. � < i '. � � . �-.- .�.3,�>�,,,�� _ ;.i r � .::..�:. .: I � I ` \ � \ � f Nwoo�A�fN �� � I � Ue � ` � � \ NORTH DENOTES EASEMENT DEDICATED AND SHOWN ON ���- PLAT OF MEADOWBROOK SCHOOL P.U.D. NO. 90 0 120 SCALE PROPQSED VACATION DESCRIPTION.• All droinage and utility easments shown on the C O R N E RSTO N E p�ats of MEADOWBROOK SCHOOL P.U.D. N0. 90, and MEADOWBROOK SCHOOL ADDITION, Hennepin County, LAN� SURVEYING, INC Minnesota. PROPOSED VACATION - EASEMENT PER DOC. NO. 3064690 s� 9 ���Fy �o�y � ��`�y� �20 J , l� O \ � PJ��J�� \ ., , ., �\P ,� ,�,F, , • I , . � � ,- � l�� I � I _ J �- - - - - - - - - - - � � , .. �� � , ���- i o� ,t� . GLENWOOD AVENUE � •• � - - - � I . ' ., ., .. ( \ .. '� , � � N I I \ ` \ � �' � oo�A�fN�f � I \ � � ` NORTH �` DENOTES EASEMENT PER DOC. NO. 3064690. 0 120 SCALE PROPOSED VACATION DESCRIPTION: All of the utility easement described in Document CORN ERSTON E No. 3064690 /ying within the plat of MEADOWBROOK SCHOOL P.U.D. NO. 90, Hennepin County, Minnesoto. LANL7 SURVEYING, INC PROPOSED VACATION — EASEMENT RETAINED PER RESOLUTION NO. 99-87 AND RECORDED AS DOC. NO. 7195916 s� 9 `���y �a�y �,�� 2J2o �o 0 .��..�: ' 4'� =�'� h�"��.. • *'w_Z::�, . . P���J�N � , `, , ., '�,F'��P I I �::.+ � I .. ` ��' ( , � J i - -v� - - - - - - - o` � °� � GLENWOOD AVENUE �' •' — — — � I , . '" I ` � � � � � � ,� ��fMby p • I I \ � � o D AVfN�f � \ � \ � ` NORTH := DENOTES DRAINAGE AND UTIUTY EASEMENT RETAINED IN THE VACATION OF TURNER'S CROSSROADS PER 0 1 20 DOCUMENT NO. 7195916 SCALE PROPOSED VA CA TION DESCRIP TION; CORN ERSTON E All drainage and utility easements as retained under that part of Turner's Crossroads vacoted per Resolution 99-87, Recorded as Document No. LAN� SURVEYING, IruC 7195916 /ying within the Plat of MEADOWBRDOK SCHOOL P.U.D. NO. 90, Henneprn County, Minnesota. Resolution 13-113 December 17, 2013 Member introduced the following resolution and moved its adoption: RESOLUTION VACATING EASEMENTS IN MEADOWBROOK SCHOOL P.U.D. NO. 90 AND MEADOWBROOK SCHOOL ADDITION (5400 AND 5430 GLENWOOD AVENUE) WHEREAS, the City Council of the City of Golden Valley, pursuant to due notice, has heretofore conducted a public hearing on the vacation of easements in the recorded plats of Meadowbrook School P.U.D. No. 90 and Meadowbrook School Addition, legally described as follows: Lots 1 and 2, Block 1, Meadowbrook School P.U.D. No. 90, Hennepin County, Minnesota; and Lot 1, Block 1, Meadowbrook School Addition, Hennepin County, Minnesota; (the "Subject Property"). WHEREAS, all persons present were given the opportunity to be heard; and WHEREAS, the Subject Property is proposed to be developed as shown in the approved plans titled, Meadowbrook Elementary School 2013 Classroom Addition, located in the Engineering Office of Golden Valley City Hall; and WHEREAS, the Subject Property is proposed to be re-platted as shown in the proposed plat of Meadowbrook School 3rd Addition P.U.D. No. 90; and WHEREAS, the proposed plat of Meadowbrook School 3rd Addition P.U.D. No. 90 includes the dedication of easements as required by City Code; and WHEREAS, the approval of this resolution is contingent upon the filing of the plat of Meadowbrook School 3rd Addition P.U.D. No. 90; and WHEREAS, the City has evaluated its interest and use of the property and has determined that the easements granted are sufficient to replace the easements vacated herein; and WHEREAS, the Council has determined that the vacation will benefit the public interest because the vacation is predicted to foster economic growth in the City of Golden Valley and, on a greater scale, the State of Minnesota benefits by the projected measurable increase in tax revenue and general prosperity. NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Golden Valley that said easements located in the Subject Property legally described below be vacated: Resolution 13-113 - Continued December 17, 2013 All platted easements dedicated in Lots 1 and 2, Block 1, Meadowbrook School P.U.D. No. 90, Hennepin County, Minnesota; and Lot 1, Block 1, Meadowbrook School Addition, Hennepin County, Minnesota. All of the utility easement described in Document No. 3064690 lying within the plat of MEADOWBROOK SCHOOL P.U.D. NO. 90, Hennepin County, Minnesota; and All drainage and utility easements as retained under that part of Turners Crossroad vacated per Resolution 99-87, recorded as Document No. 7195916 lying within the plat of MEADOWBROOK SCHOOL P.U.D. NO. 90, Hennepin County, Minnesota. 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. ���� �� Planning Department 763-593-8095!763-593-8109(fax) Executive Summary For Action Golden Valley City Council Meeting December 17, 2013 "60 Days" Deadline: February 16, 2014 Agenda Item 4. B. Public Hearing- Ordinance#513 - Final Design Plan Approval - PUD#113 -The Xenia - Slosburg Company, Applicant Prepared By Mark W. Grimes, Community Development Director Summary Slosburg Company is seeking approval of an ordinance that will give Final Planned Unit Development (PUD) plan approval for The Xenia apartment building located at the northwest corner of Xenia Avenue and Golden Hills Drive. The proposed apartment will be a total of 372 units with an attached parking garage with 745 parking spaces. The building will have five residential stories and be approximately 60 feet in height. The site is 5.$8 acres. At the November 18, 2013 Planning Commission meeting, the Commission held an informal public hearing on the Final PUD plan. As outlined in the attached Planning Commission minutes, the Commission voted 5-0 to recommend approval of the final PUD plan. During the discussion of the Final PUD plan by the Planning Commission,the issue of building material was discussed. In particular, the use of EFIS material was discussed. It was noted that the amount of EFIS used on the structure is more than would be allowed in the Mixed Use Zoning District. Staff did point out that because this is a PUD, the applicant does not have to strictly follow the material list found in the Mixed Use Zoning District. Staff was asked to provide a table comparing the building material proposed to be used on The Xenia and the building material required if this was not a PUD in the Mixed Use Zoning District. The comparison is attached. A representative from Slosburg does plan to discuss the quality of the materials proposed for The Xenia building at the December 17, 2013 City Council meeting. City Code establishes standards for PUDs, which are laid out in the attached 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. 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. And staff recommends approval of the Final Plan subject to the following conditions: 1. The Final Plan packet submitted by Slosburg Company and received by the City date stamped October 18, 2013 and December 3, 2013 shall become a part of this approval. These plans include architectural and engineering details. 2. The recommendations and requirements outlined in the memo from Deputy Fire Chief John Crelly to Mark Grimes, Community Development Director dated August 20, 2013, shall become part of this approvaL 3. The recommendations and requirements outlined in the memo from City Engineer Jeff Oliver to Mark Grimes, Community Development Director, dated November 13, 2013, shall become a part of this approval. 4. The applicant is assessed a Traffic Management Fee of$57,809.40 per City Code. Payment of half of the fee ($28,904.70) is required prior to approval of the Final PUD Plat. (The remaining half of the fee is required to be paid prior to the issuance of a Building Permit.) 5. No storage of snow shall be allowed on the site. 6. The applicant is assessed a Park Dedication fee of$38,200 per City Code. Payment is required prior to the City Council's approval of the Final Plat. 7. The Plat name shall include "PUD No. 113" in its title. 8. All signs on the property shall meet the requirements of the City's Sign Code. 9. 7his approval is subject to all other state, federal, and local ordinances, regulations, or laws with authority over this development. Attachments • Location Map (1 page) • Planning Commission Minutes dated November 18, 2013 (5 pages) • Memo to the Planning Commission dated November 13, 2013 (4 pages) • Applicant's Narrative (4 pages) • Memo from Deputy Fire Chief John Crelly dated August 20, 2013 (2 pages) • Memo from City Engineer Jeff Oliver dated November 13, 2013 (8 pages) • Zoning Comparison Chart • Photo of Proposed Materials (1 page) • Site Plans (24 pages) • Ordinance No. 513, Approval of Final Plan of Development, The Xenia, PUD No. 113, Slosburg Company, Applicant (2 pages) Recommended Action Motion to adopt Ordinance No. 513, Approval of the Final Plan of Development,The Xenia, PUD No. 113, Slosburg Company, Applicant. � � " �: �� �� �� ��' .��'`� � � '+ ��'� `� "��' � .��- � � �' .Q . , ,, .. � � a � �t �it�c}L•` ' � �'`" � � >. x � � �" �+�" +�� � , �. `�'�°:: i ,i� ' . 1ut �� �� C � � A.,. � � � - . � � � � �.'& #d'°�' '"�° .,�� � �{ � '�i O �"3 s .: a �� � � � '; v � laur�al Ave � � �� � � ` 4 � • , r c � � 44 f I!i4��l�l�ll �...�� F �'�. } Q � � • � �J �� Subject Properties ` "�s� n a hT`��r. �`': .. � �' h u ' �) ±kwi7.?fi�.�r.�µ .��� .,�i:�" .��� � . . r • , �) . '�i � �y ./'� q��#,�� �+ � Gotdeti Htlis pr * � �� �:�� � 4 �� � �j�� i � �� (.,�.�.,�.,+ � •;� �� N � 0 �,�� +9 • U . ; G r f � N . . . � ��`. ' � � w � =��-��-«-„ • „�.,.p.,ST:�Lt?U!S'PARK . � ,._, ..�_�.,, _..��,� - -��....� ��� �� ��,�......F._..�..� �� �� , �_._��..x�.,.�..,,.�„�..�.,,� - ,.,�.-...�.�.-....�,..�.�.�.,..,.�.. �--�-� _ ii7ieratate tiYty 39A `"°* ,,.�.w, It1le7:,t�jlQ t1:Yy 394 _ ----...�...,._.. ! Regular Meeting of the Golden Valley Planning Commission November 18, 2013 regular meeting of the Planning Com ission was held at the Golden Valley City Hall, Co il Chambers, 7800 Golden Valley oad, Golden Valley, Minnesota, on Monday, Novem 18, 2013. Chair Kluchka call the meeting to order at 7 pm. Those present w Planning Commiss ners Baker, Cera, a, M��;��y, and � Segelbaum. Also pres t was Commun y Developme ector Mark;�rimes;=�ity Engineer Jeff Oliver and inistrative ssistant �' Wittman. Comriii�sioners���;; Boudreau-�andis and Waldha r were abs . 1. Approval of Minutes October 14, 2013 gular Planni g Comm' ion,�llleeting. McCarty referre the second sentenc on Page�10 an; tetl;that the word "run" should be c ged to the word "ruin." MO by McCarty, seconded by Sege aum and' motion carried unani sly to prove the October 14, 2013 minutes: th the above noted correction. 2. Informal Public Hearing -Final Plan Review— Planned Unit Development (PUD) #113— The Xe�ia. '_�� � Applicant: Slosbu�g Company ` Address: 700,& 800 Xenia Avenue South Purpose: To consfruct a 5-story, 372-unit market rate apartment building. Grimes stated that this proposal is the Final Plan review phase of the applicant's PUD praposaL;He explained that the proposed PUD wauld allow for the construction of a 372-unit a�artmer�t building located at the vacant, northwest corner of the Golden� Hills Drive and Xenj� Avenue South intersection. He noted that this is the last site in the Gold�n.Hills Di�trict to be developed. Grimes referred to the site plan drawings and stated that there have not been any significant changes from the Preliminary PUD plans. He noted that the applicant has changed the fa�ade of the parking ramp to include more articulation per the Planning Commission's discussion during the Preliminary Plan review. Grimes explained that the applicant plans to begin construction of the parking ramp in the spring of 2014, with the first units opening in mid-2015 and full completion by early 2016. Minutes of the Golden Valley Planning Commission November 18, 2013 Page 2 Kluchka asked about the City Council's discussion when they approved the Preliminary Plans and asked what was added or changed to the proposal since the Planning Commission's last review. Grimes stated that the Council did not add any additional conditions to their approval and that the only significant change was the articulation of the parking ramp wall. Kluchka asked if the parking ramp wall really articulates or if horizontal and vertical design elements are just making it look articulated. Grimes stated that the applicant has brought interest to that fa�ade and that there wilf be vertical columns that break up the look of the long parking ramp wall. Jerry Kavan, Slosbug Company, Applicant, said he hopes the Final Pl�n��narrafii�e and drawings have addressed the Planning Commission's concerns frQm tli��� Prelirrii�ary � Plan review. He referred to a drawing of the proposed parking gar��ge and Fexpla�ned that the vertical columns will protrude out from the wall. He added tha� it�is diffi�u�t to support a parking ramp with walls that have a lot of articulation. F�e attded that�`several trees have been added along the west elevation as well to enhance�he look`�of the parking ramp. Kluchka noted that the landscaping plans and the drawings aren't the same in regard to the trees along the west elevation. Kavan stated that the landscape plan will be modified to correspond with the drawings b�fpre �it� Council review. Kluchka opened the public hearing. Steve Schmidgall, 6534 Olympia;�treet,�said<he understands that the light-colored material shown on the drawings i� EFIS:�He was:under the impression that it was cast concrete or stone. He noted Ffiia�,the�,Zoning Code states that a certain percentage of a building in this zoning dis#rict needs to be limestone and he is concerned about the amount of EFIS being used:and tlie fact that it goes all the way to the ground which isn't ideal for snow remaval:. He sai�;brick may be a better choice because it is important to keep EFIS away frorn,grade�so ita��n't damaged. He stated that EFIS can look nice, but it can also look���nd of;ch�ap��nd'�he hopes the City gets a nice looking product. �Juanita Lu�enh;op;�6051�,�,aurel Avenue #202, said she is concerned because she hasn't hear��anything about this proposal other than rumors that it will be really tall and really busy. She said she wishes that she had more input or knowledge about what is going on and=that her main concern is traffic. She added that the proposed new building will b��etter tli�n what was there previously. Seein� an�d�l�earing no one else wishing to comment, Kluchka closed the public hearing. Kluchka asked Grimes to explain the requirement regarding the use of limestone. Grimes stated that the I-394 Mixed Use zoning district has guidelines that developers are asked to follow. He stated that this proposal is a PUD so the City can vary from the requirements in the Zoning Code and added that this applicant is an experienced developer who knows what will work and what will be feasible economically. He noted that the 1-394 Mixed Use zoning district also states that there are other ways to achieve Minutes of the Golden Valley Planning Commission November 18, 2013 Page 3 the development desing standards. Kluchka said he would like the applicant to list all of the requirements in the I-394 Mixed Use zoning;district that aren't being met and why. Kavan showed the Commissioners a photo of a property they own in Dallas. He pointed out that the fa�ade on that building is EIFS that was made to look like stone. He explained that the newer type of EIFS is very durable and much different than older types of EIFS. He further explained that EIFS can be patched if damaged and doesn't have to be replaced like stone so he feels it is a good selection for this type of project. He stated that there is no such thing as "Kasota limestone" as referred to in the Zoning Code because it has been bought out so it would be difficult to comply itiith thafi��;, requirement of the Zoning Code. He stated that Slosburg owns thei,r.pra��rties lor��- term and that they also don't want to use a product that lasts only a�coupl�;of ye��s. f' Oliver stated that the Golden Hills Drive and Xenia intersection�has�been a big concern for a long time and has been studied extensively. He explainedr that°tt�e proposed residential�use is�significantly better in regard to traffic th,an an o�fice'use�virould be. He discussed the number of trips and the service level of tf�e�intersections in the area and stated that approximately 75% of the trips would�uti=lize'th�sacce�s�on Laurel. Segelbaum stated that having opposite entrances on the building is also helping to avoid conflict as well. Oliver agreed. Kluchka;�sk"e�sOliver if;�e knows how many cars go through that intersection. Oliver said no and �explaFne�l #hat there are a number of factors that go into figuring out capacity issues Grimes stated that pedestrian conr�ectiot�s viiill be enhanced as well. Kluchka asked if there are sidewalk plans available; Oliver'stated;that the sidewalk plans are very conceptual at this point. Cera asked if there has bee� arty discussion about additional access over I-394. Oliver said there have been �liscussions with MnDOT. Baker asked about potential solutions regarding access over`1-394 Oliver stated that staff is in the very preliminary stage of discussions witt�r�VlnDpT �nd th�f`the solution would most likely be an expansion of the pedestrian bridge�whicl� �s�very expensive. Grimes added that the next Comprehensive Plan upda#e w�ll,�lso.�ddress #his issue. ��; ��� � � Kluchka referretl;to the�resident concern regarding not receiving any communication antl,asked abouf communication planning. Grimes explained that there have been finro Preliminary Plan hearings with mailed notices to property owners within 500 feet, there has been notice published in the newspaper and that the applicant had a neighborhood meeting. Baker asked if there are standards regarding notification that the City has to follow. Grimes said yes and explained that the requirement is that hearing notices have to be sent to property owners within 350 feet of a proposal, but that the City sends notices to properties within 500 feet. Kluchka asked if there might be a way to do additional communication to the Laurel Hills condominiums. He suggested asking the applicant to provide a communication plan to the condominiums. Grimes stated that newsletters have been done by developers on past projects. Segelbaum asked, other than the City's public hearing notices, how people can get information on proposals. Minutes of the Golden Valley Planning Commission November 18, 2013 Page 4 Kluchka said they can look on the City's web site and they can also come in to City Hall for information. He said he thinks that the developer should take ownership of communication during construction. Kavan said they could do a newsletter and email it to people who sign up to receive it. Kluchka asked the Commissioners if they would like to make that a condition of approval. McCarty suggested that the City could provide a link on its web site to the applicant's web site. Baker stated that it might be a good time for the City to take a look at the standards on how we communicate. Segelbaum said he doesn't think a communication plan needs to be added as a condition of approval and he thinks the developer is working hard to communicate with residents. Kluchka asked the Commissioners if they would like to add a conc��t�on 4#;,approv�! regarding the type of EFIS product to be used. Segelbaum stated'that ms��ad of�f� � condition regarding EFIS maybe the developer could put togett��r a t�l�le sho�nr��a j how and why they are deviating from certain areas of the Zoning��ode rN1��Carty�aid he doesn't think there needs to be a table created or a condition i=�gardi�g ��;i� because the minutes will reflect the discussion. Grimes suggested;revie'�wing th�sj�ecific design standards in the I-394 Mixed Use zoning district. MOVED by Segelbaum, seconded by Cera and motion carried unanimously to recommend approval of the of the Final Plar� for PU,D #113,yThe Xenia subject to the following conditions and findings: Conditions 1. The Final Plan packet submi�t�d by�Slosbti��g Company and received by the City and date stamped October 18, 2013 shall become a part of this approval. These plans include architectural and���;engineering details. 2. The recommendation� and requirer`nents outlined in the memo from Deputy Fire Chief John Crelly to Mark Grirnes, Community Development Director dated August 20, 2013, shall become part of;this approval. 3. The recommend�tFons�;a�d re�,uirements outlined in the memo from City Engineer Jeff Oliver to Mark GrimesF�Cor�munity Development Director, dated November 13, 2013, shall become�a part�f`this approval. 4. The ap�li��nt is'as�sessed a Traffic Management Fee of$57,809.40 per City Code. Payrr��nf o� fia�fi�of��he`fee ($28,904.70) is required prior to approval of the Final PUD � Plan ('fhe i'er�aining half of the fee is required to be paid prior�o the issuance of a �uilding P,ermtit.) 5. No;storage�Qf snow shall be allowed on the site. 6. The ap�lic,�nt is assessed a Park Dedication fee of$38,200 per City Code. Payment is required'prior to the City CounciPs approval of the Final Plat. 7. The Plat name shall include "PUD No. 113" in its title. 8. All signs on the property shall meet the requirements of the City's Sign Code. 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 November 18, 2013 Page 5 Findinas 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 T consistent with the Comprehensive Plan and redevelopment plans and goals`. . 5. The PUD plan is consistent with preserving and improving the g`eneral�h�alth,:safety and general welfare of the people of the City. 6. The PUD plan meets the PUD Intent and Purpose provisi�n ar�d°"a�l other.PUD ordinance provisions. �; ��� Informal Public Hearing — Mi r Subdivis�ion�=4824�Tritvn Drive -A.K.A.R.E. Companies LLC, Applicant plicant: A.K.A.R.E. Comp nies LLC Add s: 4824 Triton Drive ,; ��� Purpose: To reconfigur�.th �xisting�ot�e sin � family residential lot into two new ' gle family.resi ential lots Grimes explained the ap 5'cant's.re est to divide the lot directly east of his recently approved PUD at 4940 Trit �� ` Drive. �� e r erred to a site plan of the property and explained that Lot 5 in PUD #10� is �ot ��� �rt �'�iis subdivision proposal as it was shown on the plans submitted by the app�icant. current subdivision proposal includes only the property at 4824`Tciton Drive a "th he current proposal is to subdivide that lot into finro new lots. He added�th;at the � "uncit wil � Iso be reviewing a Minor PUD amendment for PUD #109�tMaf�virill t���Qnfi " ���re the -�outh I �� �� ine of Lot 5 and remove the existing Outlot A, however�,�=L:qt 5���vill rem" n a part of UD #10� �. Klucfika asked fif ����lot A will be a � orbed into this � � ,posed subdivision. Grimes said yes. McCarty ask if reconfiguring the roperty line between ' t 5 in PUD #109 and the 4824 Triton Driv property is making th 'new lots conform to the s division requirements. Grimes id no and explained tha reconfiguring the property lin ..on Lot 5 just makes that lot fu ion better. ��� R Eldridge, Applicant, said it w always his intent to develop this pro rty but the ners didn't want to sell at the ti e he developed PUD #109 at 4900 Trit Drive. He city of , � o�l�e� � �t�,. �.'�� Planning Department 763-593-8Q95/763-593-8109(fax) Date: November 13, 2013 To: Planning Commission From: Mark Grimes, Community Development Director Subject: Informal Public Hearing—Final PUD Plan—The Xenia, Slosburg Company, Applicant Background and Description of Proposal Slosburg Company of Omaha, Nebraska is seeking approval of the Final Plan for a Planned Unit Development (PUD) Permit for The Xenia. The Xenia is a multi-generational, market rate apartment building with 372 units located at the northwest corner of Xenia Ave. and Golden Hills Dr. It is directly north of Allianz. Up to 780 people will live in this development when it is complete. The site is currently vacant and was formally occupied by office and industrial buildings. It has been known as the "Olympic Printing" block because they were one of the last businesses located on the block. The property is 5.88 acres in size so overall density will be over 60 units per acre. Approval of the Preliminary PUD Plan was given in on October 1, 2013 by the City Council. The Planning Commission recommended approval of the Preliminary PUD Plan at the September 9, 2013 meeting. The Xenia apartment is 5 stories in height and is connected to a 542-space, heated parking ramp to be built parallel to the railroad tracks on the west side of the site.The information submitted by Slosburg goes into great detail about the development and the architectural plans. There was discussion about the colors and material to be used on the building at the Planning Commission in September.This has been addressed in the Final PUD submittal. If approved,the Developer would like to begin construction within the next several months. Site Information The property was guided for long-term Mixed Use development in the Comprehensive Plan in 2008. At that time, it was also zoned "I-394 Mixed Use." Prior to the 2008, the property was designated on the Comprehensive Plan and Zoning maps for Industrial uses. Prior use of the block was primarily for industrial, warehouse and office uses. One or more of the buildings did utilize the railroad for transportation. The site has been in the Golden Hills Redevelopment District since the late 1980s. Planned Unit Developments have the ability to waiver from specific rules established in the Zoning Code. The following table identifies elements in the Zoning Code as they compare to the proposed Xenia project: Zoning Requirement The Xenia Development Impervious Surfaces 65%or less 62.7%a Building Height Up to 10 stories 5 stories(60 ft.) Building Setbacks North (parking ramp)- 10' North (parking ramp)-20' North- 10' North- 13' East- 10' South (parking ramp)- 12' South- 10' South-10' South (parking ramp) -10' West(parking ramp) - 17' West- 10' East-17' Parking Requirements 558 745 landscaping Setback areas must be Setback areas are proposed to be landscaped. Requirements landscaped. A dog run will run along the west side of a portion of the parking ramp. Land Use Development sites over 1 acre in The proposed development site contains only size shall include at least 2 use residential uses. types from the following categories: • Residential • Commercial • Office � Other, including studios and other live-work uses Final Plan Modifications The Final plan has remained essentially the same as was submitted as the Preliminary Plan. The City Council unanimously approved the Preliminary PUD Plans. Additional information has been provided regarding building materials. In particular,the developer has given more detail to the elevation and fa�ade of the parking garage. Staff believes that the Final plans give more than adequate detail to the design. Staff also believes that the design and materials used on the garage and building are well planned and they will be an enhancement to the Golden Hills area. Justification 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 order 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 findings which are specifically described in City Code. These findings are incorporated into staff's recommendation to the Planning Commission. Recommendation Staff recommends approval of the Final Plan for the Xenia PUD No. 113, based on the following findings of fact: 1. Quality Site Planning. The PUD plan is tailared 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 portians of the site's characteristics, open space and sensitive environmental features including steep slopes, trees, scenic views, creeks, wetlands and open waters. 3. Efficient—Effective. The PUD plan includes efficient and effective use (which includes preservation) of the land. 4. Compatibility.The PUD Plan results in development compatible with adjacent uses and is consistent with the Comprehensive Plan and redevelopment plans and goals. 5. General Health.The PUD plan is consistent with preserving and improving the general health, safety and general welfare of the people of the City. 6. Meets Requirements.The PUD plan meets the PUD Intent and Purpose provision and all other PUD ordinance provisions. And subject to the following conditions: 1. The Final Plan packet submitted by Slvsburg Company and received by the City and date stamped October 18, 2013 shall become a part of this approval.These plans include architectural and engineering details. 2. The recommendations and requirements outlined in the memo from Deputy Fire Chief John Crelly to Mark Grimes, Community Development Director dated August 20, 2013, shall become part of this approvaL 3. The recommendations and requirements outlined in the memo from City Engineer Jeff Oliver to Mark Grimes, Community Development Director, dated November 13, 2013, shall become a part of this approval. 4. The applicant is assessed a Traffic Management Fee of$57,809.40 per City Code. Payment of half of the fee ($28,904.70) is required prior to approval of the Final PUD Plan. (The remaining half of the fee is required to be paid prior to the issuance of a Building Permit.) 5. No storage of snow shall be allowed on the site. 6. The applicant is assessed a Park Dedication fee of$38,200 per City Code. Payment is required prior to the City CounciPs approval of the Final Plat. 7. The Plat name shall include "PUD No. 113" in its title. 8. All signs on the property shall meet the requirements of the City's Sign Code. 9. 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) Narrative (4 pages) Memo from Deputy Fire Chief John Crelly dated August 20, 2013 (2 pages) Mema from City Engineer Jeff Oliver dated November 13, 2013 (8 pages) Photo Example of Proposed Materials (1 page) Site Plans (26 pages) THE XENIA MULTIFAMILY DEVELOPMENT FINAL PUD SUBMITTAL NARRATIVE 'The Xenia'is a high end multifamily community proposed for the northwest corner of Golden Hills Drive and Xenia Avenue in the I-394 Overlay Zoning Area.This Overlay District was designed to create a dynamic infill neighborhood that utilizes existing infrastructure; is in close proximity to regional highways and public transportation; and reuses an industrial brownfield site.The design optimizes the public spaces by providing an urban yet residential feel to the street level, creating many access points and transparent materials to help create a vibrant neighborhood.This project will provide a variety of residential housing choices for the surrounding office and business uses and will adhere to the intent of the I-394 Overlay Zoning District. We are requesting with this submittal a waiver from the requirement to provide a second use within the development. The development of this site will require extensive soil correction due to contamination from the historical uses of a moderate industrial nature. Proper submittals have been prepared for the MPCA for their approval. Additionally,soil conditions deep below the surface include swamp deposits requiring pile foundations for the building and the parking structure. As a result of these conditions the site development costs will be higher than normally experienced for this type of project. Xenia is a Greek word meaning`Hospitality', and the entire project is designed to live up to its name. The landscaping at the street level and within the resident spaces will be designed to provide active and passive retreats for the residents with a high level of detail.The residential amenities include two luxurious resort-style courtyards with an indoor pool, outdoor pool with sun deck,summer kitchen pavilion/barbeque,walking paths and private terraces. Other public spaces provided within the building include a state-of-the-industry Fitness Center and a Great Room with meeting space and other gathering areas for resident use. In addition, a large free-run Dog Park covered with artificial turf specially made for the purpose will be constructed along the west property line,fully fenced for unleashing and leashing,with benches, a watering station and a waste station. Masonry will be the predominant material on the building's exterior.The central tower and other accents on the exterior will be finely-detailed EIFS color-coordinated with the masonry. Any other accessory materials will be designed to work with the masonry and EIFS materials.A Materials Board is provided separately to represent the approximate materials suggested although Developer requests flexibility with range of colors of brick and EIFS during production of the construction documents. The Xenia provides an important addition to this thriving office and research area, allowing for a variety of housing for people to live, relax and be close to employment and entertainment centers.The apartment unit sizes vary from approximately 500 sq ft to approximately 1400 sq ft. Additionally,there will be handicap accessible units available. There will be 372 units available consisting of studios, one bedrooms and two bedrooms. The population of this multifamily community is anticipated to range from young professionals starting their careers,to retired couples seeking care-free living. The typical population for a 372 unit Page 1 of 4 community would range from 570 to 780 people depending upon leasing conditions and could vary monthly over the life of the community. This development enhances the overall mix of land uses within the I-394 Zoning Area and within the City of Golden Valley.The Colonnade Offices and the Golden Hills Offices located to the east of the site,the Allianz offices to the south and a Business Park to the west provide the need for residential uses.The Shops at West End are located a short distance to the south of the property, adding a vibrant mix of shopping opportunities for the new residents within easy walking distance. With this project we have created an important transition linking the commercial and office uses to the south near the I-394 interchange, and the residential uses of Glenwood Avenue to the north.The Xenia utilizes the existing infrastructure serving the area without the requirement for extensive offsite infrastructure alterations. In addition,the residents will have easy access to the local trail systems. The Metropolitan Council recently released new population projects for the region, predicting that Golden Valley will grow to 28,900 by 2040 from its 2010 population of 20,371 people. This project will help absorb some of this growth, providing housing options for young career professionals as well as retiring citizens. Several of our higher end communities already have a high percentage of`Empty- nesters'. This trend will enable people from Golden Valley to find high quality housing within the borders of Golden Valley,while freeing up housing for other families seeking homes in the community. The Metropolitan Council also has identified objectives which are enabled by this project, including more housing for the increasing population; more variety in housing options; more housing for the aging population [increasing by 150 percent by 2040]; housing located close to employment and walkable communities; higher density developments thereby preserving land for Greenspace, Parkland and other uses; and development along the primary transitways to minimize congestion and improve the quality of life through reduced household travel costs and reduced travel time. This project incorporates many Sustainability Practices in the following ways. Meeting the current State of Minnesota Energy Codes in every way will impact the insulation,window frame and window glass selection, electrical lighting design, high efficiency heating and cooling equipment and Energy Star appliance selection. Our parking garage includes large window areas for daytime lighting, and the light fixtures will far exceed codes, using LED lighting controlled by photocells to take advantage of daylight and motion sensors to dim or turn off fixtures when there is no movement near a fixture. The parking garage will be equipped with several car charging stations for electric vehicles. We will provide large secure bicycle storage areas for residents,which include a repair rack and air compressor for convenience,to encourage residents to utilize bicycles whenever possible. The apartment units will be lighted using CFL lamps throughout, decreasing energy consumption. This project will be constructed with wood framing. This is the best sustainable material for construction for the following reasons. Wood is a renewable resource which, in its pre-production form as trees absorbs carbon from the atmosphere and stores it in the fibers of the wood. This storage continues to occur even when the lumber is made from the trees. The lumber needed for a building this size will store over 6,000 metric tons of carbon. The production of lumber from trees generates far less of a carbon footprint that the equivalent concrete and or steel, which would generate 12,000 metric Page 2 of 4 tons of carbon emissions more than the lumber production. To show the magnitude of this difference, using wood to construction this building will save 18,000 metric tons of carbon, which is the equivalent to the emissions from 5,172 vehicles in a year[based upon EPA published rate of 3.48 metric tons of emissions per automobile annually]. In addition to this,Wood is a recyclable resource, and can be salvaged and reused after a typica!cycle of 50 years for most buildings. This project taps into the growing need for Mass Transit affiliations. There is a bus stop adjacent to the building on Golden Hills Drive providing very convenient access for the residents and a Park-N-Ride at Louisiana & I-394. In addition the property is located only 2.3 miles to the planned Penn Station of the Southwest Light Rail System currently in design, making this a very convenient option for residents by bicycle,vehicle or walking. The project is one block from access to I-394 and from there quick access to Highway 100 or 169, providing easy travel to all parts of the metroplex. Traffic from this project runs opposite to the business traffic for the office buildings in the area, making it a perfect complement to the existing development in the area. Residents using bicycles are 1.3 miles from the Luce Line Regional Trail System,and 1.7 miles from the Grand Rounds Train System at the Theodore Wirth Regional Park. Walking from the Xenia places residents within 100 yards from the Allianz Office Building,the Golden Hills Office Center or the Colonade Office Building. Walking to the Rainbow Grocery is less than one- third of a mile,and the sidewalk system is very well developed and maintained between the project and the West End. Meadowbrook Elementary is a half-mile walk. Benihana Restaurant is a 1.1 mile walk. Brookview Park,with all its wonderful amenities, is 1.8 miles away on foot. A vital element to make this project successful is the strategic placement of the parking structure along the entire west property line adjacent to the railroad tracks, creating a buffer for the residential component of the development. Without this buffer the project would not be possible. The parking will be provided for the residents and visitors within the parking structure that will be enclosed and heated on three levels and open on the top floor.This will alfow for one heated space for each bedroom proposed, as well as ample parking for guests and visitors.The parking structure will directly access the apartment building at each of the first four floors without steps,and elevators will be available at each connection providing easy access to all floors. The parking structure,which will be secured access only, will provide vehicular entry and exit from Golden Hills Drive and Laurel Avenue. Guests and visitors will be able to gain access through a telephone entry board located at one of the entrances. The West Elevation of the parking garage has been designed to mask the ramping portions, and includes segmentation of the horizontal element and changing rooflines mimicking the roofline of the apartment building to mitigate the necessary length of this structure. Colors will be used from the apartment building color pallet. Stairtowers with glass embellishment at the corners of the garage enhance the appearance by producing vertical relief. The parking garage is also designed to coordinate with the AUianz facilities to the south when viewed from Laurel Avenue. The west elevation will be landscaped with trees that at maturity will screen significant portions of the fa�ade. The architectural style of the apartment building, including the flat roof elements, are designed to create a transition between the multifamily and residential developments to the northeast and northwest of the site,to the commercial office developments to the east, south and west. The building Page 3 of 4 fa�ade is a tasteful blend of brick,stone and stucco in matching shades and colors complemented by stone pavers in the sidewalks, drives and parking areas. The grand entrance porte cocher at Golden Hills Drive and Xenia Avenue,with two-story ceiling,wiil be the primary entrance for the leasing operations and a drop-off/pick-up location for residents.Also at the grand entrance will be parking for'Future Residents'to meet with our leasing staff. An elevator in this area of the Building will assist in leasing tours and bringing residents to the amenity areas. The two courtyards will be accessible for maintenance vehicles,fire safety and snow removal through corridors connecting to the public streets as well as corridors connecting to the ground level of the parking structure. The Life Safety Features of this development include full NFPA 13 Fire Sprinkler system throughout the building accented with a fire alarm system,full fire-proof insulation in the interstitial spaces between floors, wide pedestrian firefighter tunnels connecting each courtyard to a public street,fire hose connections in each courtyard, and street access along three sides of the building for ease of fire and emergency vehicle access. Refuse from the residents will be gathered to trash and recycling receptacles located in the parking garage,to be collected by a commercial company on a routine basis. Signage for the Community will include two blade signs at the porte cocher, as well as unspecified signage at Laurel Avenue and Xenia. In addition there will be instructional and directional signage at the building entries and the parking garage. All signage will be in conformance with city codes and ordinances. The project will be illuminated with pedestrian scaled lighting at the street level and the top floor of the parking structure, and will adhere to code requirements. The project will have signage in keeping with the design and scale of the pedestrian oriented development.A detailed lighting plan is included in this submittal. The apartment units will feature custom home finishes including 10'ceilings,stone countertops, imported porcelain tile flooring,wine racks, island bars,walk-in showers with separate soaking tubs, Energy Star washers/dryers and individual water heaters. The Slosburg Company is very pleased to bring this project to the City of Golden Valley for consideration. We are a fifth-generation family held company that builds,owns and manages our properties for our own account, in multiple states around the country. We currently have two operating multifamily communities in the Twin Cities area,with another one under construction in Bloomington. The construction of The Xenia would bring us to just over one thousand units in the area. It has been our desire to develop a project in Golden Valley for several years and we have greatly enjoyed working with City staff in the preliminary stages leading up to this submittal. Thank you for your consideration of our project. Page 4 of 4 C:���� ���� ���, .�. �� , . .,�Y � ���� . .��� .. ., , .._ .4i"�., �..,.. .v .. ., s�. .. �� � Fire Department t 763-593-8079/763-593-8098(fax) Date: August 20, 2013 To: Mark Grimes, Director of Community Development From: John Crelly, Deputy Fire Chief Subject: PUD Preliminary Plan for The Xenia project (700-800 Xenia Avenue S.) The Golden Valley Fire Department has reviewed the preliminary PUD plans and application packet for review, which includes the preliminary site plan, utility plan, landscaping and overall the proposed building. Listed below are the fire department comments. 1. The plans do not show any road access on the west side of the building nor access to the two interior court yards. Minnesota State Fire Code section 503.1 requires an approved fire access road to within 150 feet of all portions of the facility and all portions of the exterior wa11s of the first story of the building. If an apparatus access road is not installed and if no reasonable access to the court yards is provided,the fire code official will require approved alternative means of additional fire protection safeguards to the building site. The alternative means of fire protection safeguard shall include but shall not be limited to: a. Provide fire sprinkler protection in exempt areas (bathrooms< 55 sqft, closets/pantries< 24 sqft, decks/balconies/canopies,....) b. Provide Class I standpipes to supply fire hoses in the courtyard areas. c. The fire sprinkler system shall be zoned by floors, no bird cage designs 2. The height of the Porte Cochere is not clearly defined.The vertical clearance for the fire department apparatus access road is 13 feet 6 inches. The Porte Cochere needs to be configured to allow access for taller emergency vehicles (police cars, ambulances, small and midsize fire trucks) 3. The water supply system for the design of the proposed site shall be capable of supplying the required fire flow for the design of the building, Iocation, type of construction, type of use and all floor levels. 4. A Post Indicator Valve (PIV) will be required to be installed for this proposed site if access to the fire sprinkler room is not easily/directly accessible from the exterior of the building. The PIV is an indicating valve to determine the operation of the water supply of the fire suppression system for the proposed building. 5. The type and placement of landscaping trees/shrubs for this site shall not obstruct or hinder the ladder operation from any secondary escape windows from any apartment units located in this building. 6. Radio operability—All new buildings shall have approved radio coverage for emergency responders within the building based upon the existing coverage levels of the public safety communication systems of the jurisdiction at the exterior of the building. The building shall be considered to have acceptable emergency responder radio coverage when signal strength measurements in 95 percent of all areas on each floor of the building meet the minimum signal strength requirement of-95 dBm receivable and transmittable from the building. 7. The construction of this building shall comply with all applicable codes. If you have any questions, please contact me at 763-593-8065 or by e-mail, icrelly@�oldenvallevmn.�ov t.L�� �� ��+��': §� � � �� • �. �� Public Works Department 763-593-8030/763-593-3988(fax) Date: November 13, 2013 To: Mark Grimes, Community Development Director From: Jeff Oliver, PE, City Engineer Subject: Final PUD Review: The Xenia Public Works staff has reviewed the final plans submitted by Slosburg Real Property for a Planned Unit Development (PUD) located on vacant property in the northwest corner of Xenia Avenue North and Golden Hills Drive. This site was formerly occupied by Olympic Printing. The proposed PUD consists of 372 apartment units and a four-level parking ramp. Preliminary PUD approva) was granted by City Council on October 1, 2013. This memorandum discusses items identified during the Public Works review that must be addressed prior to final plat approval, and is based upon the revised plans submitted to the City on September 5, 2013 and November 12, 2013, respectively. Preliminarv Plat: The proposed preliminary plat associated with this PUD includes combining the two existing parcels into one large parcel. Based upon the revised plans submitted,the preliminary plat is acceptable as shown with one exception: the drainage and utility easement along the east property line must be clearly shown to align with and encompass the existing Metro Council Environmental Services sanitary sewer easement. Site Plan: The proposed PUD includes construction of a five-story, 372-unit apartment building that is immediately adjacent to Golden Hills Drive, Xenia Avenue and Laurel Avenue. A four-story, 735- stall parking ramp is proposed for the western portion of the site immediately adjacent to the railroad tracks. The proposed parking ramp will have two primary access points, one onto Golden Hills Drive and another onto Laurel Avenue. The proposed access onto Golden Hills Drive is located at the western property line to maximize separation from the primary parking ramp access to Allianz, which is located mid-block between Xenia Avenue and the railroad tracks. The proposed ramp G:\Developments-Private\700_800 Xenia\FinaIPUD_Review111313.docx driveway is also aligned with the western parking Iot driveway to Allianz to minimize turning movement conflicts at this location. It is anticipated that modifications to the pavement markings on Golden Hills Drive will be needed to clarify lane assignments along Golden Hills Drive. These modifications may be included in the City's annual pavement marking work or may be included in an area-wide public improvement project that is currently being considered and will be discussed later in this review. The Golden Hills Drive access point into the parking ramp also includes a loading area east of the driveway and generally parallel to Golden Hills Drive. The primary use of this loading zone will be , for residents moving in and out of the proposed apartment complex. The loading zone is designed to accommodate a semi-truck with a 53-foot long trailer that will not block the ingress and egress into the parking ramp. Access into the loading zone will require trucks to back into the space from Golden Hills Drive resulting in short-term traffic impacts. However, the Developer has indicated that based on their experience with similar apartment complexes in urban areas, and the size of the proposed apartment units, the occurrence of semi-truck moves will be minimal. In addition, moving times are generally limited to weekends and time blocks will be scheduled for each move, minimizing potential congestion in this area. Based upon this information, staff finds the proposed loading area acceptable, but reserves the right to address potential congestion issues with the Developer in the future, should a significant problem result. The proposed parking ramp access onto Laurel Avenue provides full turning access in and out of the ramp and is acceptable as proposed. The north curb line of Golden Hills Drive west of Xenia Avenue currently widens to provide a bus stop that is outside of the westbound travel lanes. The existing curb line taper leading into this bus stop is in conflict with the western driveway to the entrance plaza. Therefore,the Developer will be locating the bus stop further west. The PUD includes a covered entrance plaza in the southeast corner of the development, immediately adjacent to the Xenia Avenue and Golden Hills Drive intersection. The plaza will be two stories high with apartment units located on the floors above the plaza. The primary use of this entrance plaza will be access to the rental office and for drop-off and pickup of parcels, and is not intended for resident access to the apartment complex.The proposed location of the entrance plaza driveways onto Golden Hills Drive and Xenia Avenue is acceptable as proposed. However, the City reserves the right to work with the Developer to address any traffic issues on its street system that may develop as a result of the entrance plaza driveway lacations. There is an existing City sidewalk on the north side of Golden Hills Drive, extending from Xenia Avenue westward to the bus stop discussed eartier in this review. The Developer has praposed extending the sidewalk to the west parking lot driveway as part of the site improvements. This will be owned and maintained by the City as part of the public pedestrian system in the Golden Hills Area. This sidewalk may be constructed as part of the proposed public improvement project discussed later in this review. Golden Valley Comprehensive Plan identifies a future sidewalk on the south side of Laurel Avenue between Xenia Avenue and Louisiana Avenue; and on the west side of Xenia Avenue G:\Developments-Private\700_800 Xenia\FinaIPUD_Review111313.docx between Golden Hills Drive and Laurel Avenue. Therefore, as shown on the PUD plans, the Developer will be required to construct a minimum six-foot wide concrete sidewalk along the frontage of these streets as part of the PUD. These sidewalks will be owned and maintained by the City following construction. These sidewalks may be included in the proposed public improvement project discussed later in this review. If constructed by the Developer, the design and construction of City sidewalks must be in accordance with City standards and specifications and must incorporate all current state and federal accessibility standards. Based upon the plans submitted, it appears that the proposed sidewalks may impact the traffic signal bases at Laurel Avenue and Golden Hills Drive. Any modifications of the signal system required by the Developer's improvements will be included in the proposed public improvement project and the costs for the work will be specially assessed to the Developer. The driveways onto City streets within this development must be designed and constructed to City standards for commercial driveway aprons. The Developer will be required to obtain a City Right-of-Way Management Permit for all work within City right-of-way. Traffic Impacts and Access Mana�ement: Consistent with the I-394 Overlay District, the City of Golden Valley has been studying traffic impacts from potential redevelopments in the vicinity of Xenia Avenue and Golden Hills Drive for a number of years. The original intersection study was performed by the City's consulting traffic engineer at SEH, and has been updated as redevelopment proposals are considered.The study performed in response this proposed PUD is dated September 4, 2013. The September 4th study includes trip generation, distribution, and intersection capacity for the Xenia Avenue intersec- tions with the north I-394 ramps, Golden Hills Drive and Laurel Avenue, and based upon trips generated from this PUD as well as the recently approved Arcata PUD, and The 3.9.4 Apartments PUD that has received preliminary approval from the City. The September 4, 2013, SEH study determined that this proposed PUD will generate 1,551 trips per day, including 130 trips during the AM peak hour and 163 trips during the PM peak hour. The trips generated by the PUD currently being considered are less than those from previous redevelopment proposals, which included significant commercial and office land uses in combination with residential apartments on this site. The September 4th study concluded that all existing intersections within the study area operate at a Level of Service C or better in both the AM and PM peak hours with the projected traffic added from this PUD, The Arcata Apartments, and The 3.9.4. Apartments included in the analysis. The poorest performing movement at any of the intersections in the study area operates at a Level of Service D, and all queues are contained within the storage lengths available in the existing lanes. � G:\Developments-Private\700_800 Xenia\FinaIPUD_Review111313.docx The intersection of Xenia Avenue and Golden Hiils Drive is currently owned and operated by the Minnesota Department of Transportation (MnDOT) because it was constructed as part of the I- 394 construction in the late 1980's. It is anticipated that the intersection will be turned back to the City of Golden Valley in the near future, but MnDOT will retain operation of the signal system in order to maximize the efficiency of the signals along the entire Xenia/Park Place corridor. However, as part of the turn-back the City is partnering with MnDOT to make operational changes to the signal system to improve operations of the intersections. The planned improvements include coordination of signals on the corridor between Golden Hills Drive and Gamble Drive in St. Louis Park, modifications to signal timing and phasing, and installation of flashing yellow arrows for all left turn movements at the intersection of Xenia Avenue and Golden Hills Drive. As discussed in the SEH study, these improvements will provide a reduction in delay times for all movements in the intersection. The SEH study dated September 4, 2013, concludes that the current redevelopment proposals in the vicinity of the Xenia Avenue and Golden Hills Drive intersection generate fewer daily trips than previous scenarios that have been studied, and the generated volumes are below the thresholds that would require significant capacity improvements at the intersection. However, the current study, as well as studies performed in 2012, identifies improvements throughout the corridor that will improve the roadway functions in the area. These improvements include signing and striping; lane, median and curb line revisions; as well as possible pedestrian and signal system modifications. In addition, the current PUD proposal includes site plan issues that may impact traffic operations on the City streets adjacent to the site, as discussed above. The City of Golden Valley reserves the right to implement a public improvement project to Laurel Avenue, Xenia Avenue and Golden Hills Drive to implement any of the above improvements to improve traffic operations and pedestrian movements resulting from the overall redevelopment of the study area. Further, the Developer of this PUD must agree to waive the right to appeal special assessments for these improvements, as part of the final PUD. Proposed Area Wide Public Improvements• As discussed earlier in this review, the traffic generated by recently approved and pending redevelopment in the vicinity of Golden Hills Drive and Xenia Avenue is significantly lower than previous development scenarios that included primarily office space. As a result,the scope of the intersection capacity improvement anticipated in 2007 has been reduced and modified. However, the high-density residential character of the new development coupled with the existing office uses has resulted in new needs for pedestrian improvements in the Golden Hills Area. Therefore, staff has been preparing concept pians for a public improvement project that addresses the current and future needs in this area. In addition to the traffic signal modifications that are discussed above and are currently being made by MnDOT,the proposed public improvement project includes removal and replacement of concrete curb and gutter in a number of locations to facilitate turning movements; improvements to the existing pedestrian crossings at Xenia Avenue and Laurel Avenue, and Golden Hills Drive to meeting current federal accessibility requirements; construction of additional sidewalks; and pavement marking modifications. Staff is currently discussing the inclusion of the public improvements that are required as part of this redevelopment with the Developer. G:\Developments-PrivateV00_800 Xenia\FinaIPUD_Review111313.docx In addition, the proposed public improvement project will include the construction of sidewalk on the north side of Golden Hills Drive, extending westward to connect to existing sidewalk at Colorado Avenue. The sidewalk connection will provide access to existing sidewalk facilities along the I-394 corridor and provide access to the existing sidewalk and trail system along Laurel Avenue. Although there is no existing sidewalk on the south side of Laurel Avenue, a sidewalk is included in the Comprehensive Transportation Plan extending from Laurel Avenue to Louisiana Avenue that will be constructed by the City in the future. An interim connection on the south side of Laurel Avenue to connect to the sidewalk being installed by the Developer can be provided by establishing a "Share the Road" zone, including no parking, on Laurel Avenue between the railroad tracks and Colorado Avenue. It is anticipated that costs for the public improvements that are immediately necessitated by any of the recent developments in the Golden Hills Area (The Arcata, The 3.9.4. and The Xenia) will be directly assessed to those properties. Other costs that can be attributed to the developments and existing land uses in the area including office buildings and commercial uses, will be assessed to a broader area of benefiting properties. These potential assessable costs include the accessibility improvements, sidewalk construction, and pavement overlays discussed above. Utilities: There is adequate capacity in the municipal water supply to provide the domestic and fire flows for this proposed PUD. There is an existing 12-inch watermain within Laurel Avenue and an eight- inch watermain within Xenia Avenue that will provide flow to the development. The development will utilize lateral extensions into the site from these mains that provided service to the former Olympic Printing facilities previously occupying the property. The Developer has revised its plans to show the extension of a new watermain along Golden Hills Drive from Xenia Avenue westward and then south across Golden Hills Drive to connect to the City watermain located on the north side of the Allianz property. This connection will ensure adequate fire flows to the proposed hydrants and the Xenia development. This watermain extension, including the fire hydrants, will become part of the City's water supply system and the City will be responsible for maintenance of these facilities. The plans submitted also include the installation of fire hydrants near the northeast and northwest corners of the site that will become part of the City's water supply system. There is adequate capacity within the City's existing sanitary sewer system to provide service to this proposed PUD. However, the City's Comprehensive Sanitary Sewer Plan identifies a capacity issue downstream of this site near the intersection of Laurel Avenue and Turners Crossroad. This capacity issue was evaluated further in 2012, based upon the potential for redevelopment in the Xenia Avenue and Golden Hills Drive area. The 2012 analysis concluded that there is adequate capacity in the sanitary sewer system for the development proposals currently being considered by the City, including this proposed PUD. However, the additional flows generated by the pending and approved redevelopment proposals is pushing the Laurel Avenue and Turners Crossroad capacity issue closer to its ultimate capacity. G:\Developments-Private\700_800 Xenia\FinaIPUD_Review111313.docx If this ultimate flow capacity is reached, the City may need to restrict redevelopment further west along the I-394 corridor or modify the sanitary sewer alignment at Turners Crossroad and Laurel Avenue to facilitate improved flow. It is also important to note that the 2012 study indicated that the capacity issue can be significantly reduced if there is a substantial reduction of Inflow and Infiltration (I/I)throughout the area tributary to the Laurel/Turners capacity issue. The reduction of I/I in this area will result in an improvement in the sewer capacity, reduce the need to restrict future redevelopment in the I-394 corridor, and the need for future capacity improvements at Turners Crossroad and Laurel Avenue. Sanitary sewer service to the proposed PUD will be provided by utilizing an existing service lateral from Xenia Avenue. Consistent with City code, the Developer will be responsible for the maintenance of the sewer service between the building and the City main in Xenia Avenue, inctuding the point of connection. The proposed PUD must be compliant with the City's I/I Ordinance. Portions of the existing sanitary sewer services to the site were brought into compliance with the ordinance as part of the demolition of the Olympic Printing buildings. The entire service lateral for the new apartment buildings will need to be inspected for I/I compliance and receive a Certificate of I/I Compliance, prior to occupancy of the buildings. Stormwater Mana�ement: This proposed PUD is located within the Sweeney Lake sub-district of the Bassett Creek watershed and is therefore subject to the review and comment of Bassett Creek Watershed Management Commission (BCWMCj for its water quality and rate control requirements. Because Sweeney Lake is listed as an impaired water by the Minnesota Pollution Control Agency (MPCA), the plans will also be reviewed for compliance with the adopted Total Maximum Daily Load (TMDL) implementation plan for Sweeney Lake. When the City constructed Xenia Avenue north of Laurel Avenue, a regional stormwater pond was constructed in the northwest quadrant of Xenia and Laurel Avenues.This pond provides runoff rate control and water quality volumes for a portion of the I-394 corridor, including this proposed PUD. Therefore, there is no additional runoff rate control required on site for this PUD. Since the construction of the regional stormwater pond north of Laurel Avenue, there have been additional water quality requirements that have been adopted by the BCWMC and the MPCA, including non-degradation and volume control requirements. In order to comply with these new standards,the Developer will be required to provide stormwater quality Best Management Practices (BMPs) on site as part of the PUD. The Developer has proposed a sand filtration system along the western PUD boundary to provide filtration for a portion of the site, including a significant portion of the parking ramp drainage. The Developer will own and maintain the filtration system, including the drainage system located at the bottom of the proposed sand filter. The filtration system will also be subject to the review and comments of the BCWMC for compliance with its standards for water quality BMPs. The Developer has also proposed the installation of two SAFL baffles in sump storm sewer manholes located on the north and east boundaries prior to the discharge of the on-site storm G:\Developments-Private\700_800 Xenia\FinaIPUD_Review111313.docx sewer into the City system. The installation of SAFL baffles provides increased sediment removal efficiencies and requires a minimum sump depth of four feet. The plans have been modified to provide the required sump depth to accommodate the installation of the SAFL baffles. Because the site being developed is larger than one acre, the Developer must obtain an MPCA Construction Site Permit. A copy of this permit must be submitted to the Public Works Department after it is obtained. The MPCA adopted new standards for this permit on August 1, 2013,that includes volume control. The Developer has submitted calculations to show that the sand filtration system discussed above assists the site in achieving this standard. This PUD is also subject to the City's Stormwater Management Ordinance. City approval of the stormwater management plans must be completed prior to forwarding the plans to the BCWMC for its review. The Developer will be required to enter into a Maintenance Agreement with the City for the proposed sand filtration system, the sump structures with SAFL baffles, and any other stormwater BMPs determined necessary by the BCWMC and MPCA following review by those agencies. Tree Preservation and Landscapin�: This proposed PUD is subject to the City's Tree Preservation Ordinance. The PUD plans identify seven significant trees on site that are all being removed for the development. The landscape plan submitted includes planting a significant number of trees throughout the development that exceeds the mitigation requirements of the Tree Preservation ordinance; therefore, no permit will be required. The Developer will be required to submit a cost estimate to furnish and install the proposed landscaping as the basis for calculating the required landscaping security. This information must be submitted before consideration and approval of the final plat. Summarv and Recommendations: Public Works staff recommends approval of the final plans for The Xenia Planned Unit Development subject to the comments within this review, summarized as follows: 1. The drainage and utility easement along the east property line must be clearly shown on the final plat to align with and encompass the existing Metro Council Environmental Services sanitary sewer easement, as discussed within this review. 2. The Developer must enter into a Stormwater Maintenance Agreement for water quality BMPs, as discussed within this review. 3. The sanitary sewer service laterals for the new apartment building will need to be inspected for I/I compliance and receive a Certificate of I/I Compliance, prior to occupancy of the buildings. 4. The Developer must agree to waive the right to appeal special assessments for improvements on Golden Hills Drive, Xenia Avenue, and Laurel Avenue determined to be necessary by the City to improve traffic operations and pedestrian movements adjacent to the development. 5. Subject to the review and comments of the Bassett Creek Watershed Management Commission and the Minnesota Pollution Control Agency, as discussed within this review. G:\Developments-Private\700_800 Xenia\FinaIPUD_Review111313.docx Approval is also subject to the review and comment of the City Attorney and other City staff. C: Tom Burt, City Manager leannine Clancy, Director of Public Works Mark Kuhnly, Fire Chief lohn Crelly, Deputy Fire Marshal Gary lohnson, Building Official Mike Kotila, SEH Burt Tracy, Public Works Maintenance Manager Kelley Janes, Utilities Supervisor Eric Eckman, Public Works Specialist Joe Fox, Water Resources Engineer Mitch Hoeft, PE, Utility Engineer Sue Virnig, Director of Finance G:\Developments-Private\700_800 Xenia\FinaIPUD_Review111313.docx The Xenia Zoning Comparison- PUD vs. I-394 Mixed Use Zoning District Zoning Requirement The Xenia Development Impervious Surfaces 65%or less 62.7�o Building Height Up to 10 stories 5 stories(60 ft.) Building Setbacks North (parking ramp)- 10' North (parking ramp)-20' North-10' North- 13' East- 1p' South (parking ramp)- 12' South - 10' South- 10' South (parking ramp) - 10' West(parking ramp)-17' West- 10' East- 17' Parking Requirements 558 745 Landscaping Setback areas must be Setback areas are proposed to be landscaped. Requirements landscaped. A dog run will run along the west side of a portion of the parking ramp. Land Use . Development sites over 1 acre in The proposed development site contains only size shall include at least 2 use residential uses. types from the following categories: • Residential � Commercial • Office • Other, including studios and other live-work uses Building Materials Exterior Wall—For all facades Brick,glass and EIFS facing a street-glass, stucco, natural stone, brick, architectural concrete, not- corrugated metal Stone—At least 20%of fa�ade None facing the primary street shall be dolomitic stone. Architectural Trim—Up to 15% EFIS used as primary material. of exterior trim may be wood, metal or EFIS. Bright Colors—Up to 15%of No primary colors. surface can be primary colors on all street facing facades. Fa�ade Treatment—All sides Three sides facing street are equivalent visible to the public shall be quality. Parking ramp on railroad side is constructed with materials of primarily EFIS. equivalent level of quality to the front fa�ade. i. � � vs� � ,�" �.. 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S Sc 8 �E I f y i !! ��y; !! ' t i.°a°s � "�� D�! �:�:� i ��ja ���!l��ilAt�utlt t � ' F � � � �� � _�s.qun !�' ��� � 9 J " � � ; " ` t ° � � !� �a �;l�i� '�R,i�El ,; � 4i �i i ; � d - • ��a�`• �I �,,� ' a� s � � `° ;�i� i u � � `� a � . . E! ����} aL R � s 4{dd�'•d �,i �, l.�1 ' � ` ��f�' i i}►j���' c �e e a a � I °' ° �' �,i' i.. ;•+d�� '"� �;`:ii �" � jF!���'�i I � 3� 1i�i����i�G�iWl�w'I���j�:�j ���° ;,� 14131 I� ; �l r,;;'�''{S��(��sr ) �� ( � �.�� � � � � lj�ftljli�� j� z�� i��1� !���!lY� S �y&.�� �. �� ,��� � � � �l�ii I�i 3"}�.��,�� 2 � ,(����`����� �{�� �����i� � a ���i� � � � � j3� � � ��� ( � � Q �N 1N1N.�fip�..�.�p1�... � F-"� % • j � i ORDINANCE NO. 513, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Approval of Final Plan of Development The Xenia, P.U.D. No. 113 Slosburg Company, Applicant The City Council for the City of Golden Valley hereby ordains as follows: Section 1. City Code Chapter 11 entitled "Land Use Regulations (Zoning)" is amended in Section 11.10, Subd. 2, and Section 11.47, by approving the Final Plan of Development for Planned Unit Development (P.U.D.) 113, thereby allowing the applicant to construct a five-story, 372-unit apartment building. 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 Final Plan packet submitted by Slosburg Company and received by the City date stamped October 18, 2013 and December 3, 2013 shall become a part of this approval. These plans include architectural and engineering details. 2. The recommendations and requirements outlined in the memo from Deputy Fire Chief John Crelly to Mark Grimes, Community Development Director dated August 20, 2013, shall become part of this approval. 3. The recommendations and requirements outlined in the memo from City Engineer Jeff Oliver to Mark Grimes, Community Development Director, dated November 13, 2013, shall become a part of this approval. 4. The applicant is assessed a Traffic Management Fee of$57,809.40 per City Code. Payment of half of the fee ($28,904.70) is required prior to approval of the Final PUD Plat. (The remaining half of the fee is required to be paid prior to the issuance of a Building Permit.) 5. No storage of snow shall be allowed on the site. 6. The applicant is assessed a Park Dedication fee of $38,200 per City Code. Payment is required prior to the City Council's approval of the Final Plat. 7. The Plat name shall include "PUD No. 113" in its title. 8. All signs on the property shall meet the requirements of the City's Sign Code. 9. This approval is subject to all other state, federal, and local ordinances, regulations, or laws with authority over this development. In addition the Council makes the following findings pursuant to City Code Section 11.55, Subd. 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. Section 2. The tract of land affected by this ordinance is legally described as follows: That part of Tract D, Registered Land Survey No. 661, Hennepin County, Minnesota, lying North of a line drawn 283 feet North of and parallel to the Northerly line of Tract C. Torrens Certificate No. 1114904 And That part of Tract D, Registered Land Survey No. 661, County of Hennepin lying South of a line drawn 283 feet north of and parallel to the Northerly line of Tract C of said Registered Land Survey except that part which lies Easterly of the following described line: Beginning at a point on the Southerly line of said Tract D distant 15 feet Westerly of the Southeast corner thereof; thence run Northerly to the point of intersection of a line run parallel with and distant 5 feet Westerly of the East line of said Tract D with a line run parallel with and distant 100 feet Northerly of the South line of said Tract D; thence run Northerly on said 5 foot parallel line to its intersection with the Northerly line of said Tract D and there terminating. Torrens Certificate No. 1114905 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 17th day of December, 2013. /s/Shepard M. Harris Shepard M. Harris, Mayor ATTEST: /s/Susan M. Virniq Susan M. Virnig, City Clerk ���� �� Public Works Department 763-593-8034/763-593-3988(fax) a _ . m a :_.. �s _. .. - :� _. Executive Summary For Action Golden Valley City Council Meeting December 17, 2013 Agenda Item 4. C. Public Hearing to Vacate Easements at 700 and 800 Xenia Avenue South (The Xenia Apartments) Prepared By leannine Clancy, Director of Public Works Eric Eckman, Public Works Specialist Summary A developer has proposed the construction of a 5-story apartment building, called The Xenia, on the vacant parcels located at 700 and 800 Xenia Avenue South. The parcels will be consolidated and the entire property re-platted to prepare for development. As part of this process,the existing public easements must be vacated and new easements and right-of-way dedicated on the new plat. The proposed easements will better reflect the locations of existing and proposed utilities and the City's right-of-way needs along Xenia Avenue South. A notice of public hearing regarding the proposed easement vacation was published and posted and letters were sent to the affected property owners along with the proposed resolution. Staff sent a letter to all private utility companies requesting their review and comment. Notice to the Commissioner of Natural Resources is not required for this vacation.There have been no objections to this easement vacation. Consideration of this easement vacation was supported by resolution of the City Council in their meeting on November 6, 2013, and therefore in accordance with state statutes requires a four- fifths majority vote in favor of the resolution. Attachments • Plat of Xenia Apartments P.U.D. No. 113 (1 pagej • Easement Vacation Exhibit (showing drainage easements to be vacated) (1 page) • Easement Vacation Exhibit (showing street and utility easement to be vacated) (1 page) • Resolution Vacating Easements in Registered Land Survey No. 661 (700 and 800 Xenia Avenue South) (2 pages) Recommended Action Motion to adopt Resolution Vacating Easements in Registered Land Survey No. 661 (700 and 800 Xenia Avenue South). Resolution 13-114 December 17, 2013 Member introduced the following resolution and moved its adoption: RESOLUTION VACATING EASEMENTS IN REGISTERED LAND SURVEY NO. 661 (700 AND 800 XENIA AVENUE SOUTH) WHEREAS, the City Council of the City of Golden Valley, pursuant to due notice, has heretofore conducted a public hearing on the vacation of easements in Registered Land Survey No. 661, legally described as follows: Tract D, Registered Land Survey No. 661, files of Registrar of Titles, Hennepin County, Minnesota (the "Subject Property"). WHEREAS, all persons present were given the opportunity to be heard; and WHEREAS, the Subject Property is proposed to be developed as shown in the approved plans titled, The Xenia, located in the Engineering Office of Golden Valley City Hall; and WHEREAS, the Subject Property is proposed to be re-platted as shown in the proposed plat of Xenia Apartments P.U.D. No. 113; and WHEREAS, the proposed plat of Xenia Apartments P.U.D. No. 113 includes the dedication of easements and right-of-way as required by City Code; and WHEREAS, the approval of this resolution is contingent upon the filing of the easement vacation being first, followed by the plat of Xenia Apartments P.U.D. No. 113 being filed thereafter; and WHEREAS, the City has evaluated its interest and use of the property and has determined that the easements granted are sufficient to replace the easements vacated herein; and WHEREAS, the Council has determined that the vacation will benefit the public interest because the vacation is predicted to foster economic growth in the City of Golden Valley and, on a greater scale, the State of Minnesota benefits by the projected measurable increase in tax revenue and general prosperity. NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Golden Valley that said easements located in the Subject Property legally described below be vacated: The drainage easements created in Document Numbers 1961462, 1947969 and 4442205, legally described as follows: Resolution 13-114 - Continued December 17, 2013 The northwesterly 60.00 feet of the following property: That part of Tract D, lying North of a line drawn 283 feet North of and parallel to the Northerly line of Tract C; all in Registered Land Survey No. 661, Hennepin County, Minnesota. Together with That part of Tract D, Registered Land Survey No. 661, Hennepin County, Minnesota, lying South of a line drawn 283 feet North of and parallel to the Northerly line of Tract C, said Registered Land Survey, except that part thereof which lies Easterly of the following described line: Beginning at a point on the Southerly line of said Tract D distant 15 feet Westerly of the Southeast comer thereof; thence run Northerly to the point of intersection of a line run parallel with and distant 5 feet Westerly of the East line of said Tract D with a line run parallel with and distant 100 feet Northerly of the South line of said Tract D; thence run Northerly on said 5 foot parallel line to its intersection with the Northerly line of said Tract D and there terminating. The street and utility easement created in Document Number 3166769, legally described as follows: A permanent easement for street and utility purposes, over, under and across that part of Tract D, Registered Land Survey No. 661, files of Registrar of Titles, Hennepin County, Minnesota, lying north of the south 283.00 feet thereof, which lies within the following described area: Beginning at the northeast corner of said Tract D; thence on an assumed bearing of North 89 degrees 08 minutes 00 seconds West a distance of 32.31 feet; thence South 44 degrees 32 minutes 41 seconds East a distance of 41.75 feet; thence South 00 degrees 00 minutes 00 seconds East a distance of 26.00 feet; thence South 89 degrees 08 minutes 00 seconds East a distance of 3.00 feet more or less to the east line of Tract D; thence North 00 degrees 00 minutes 00 seconds East along the east line of Tract D to the northeast corner of said Tract D and there terminating. 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. v, N �[ � d � z et U O � N � I ( I I � I � I � I � � .,.,...,..,. ,.._._., .., , ,.,�_ .,�_..;._„ , ..,..,. ,..,. //�l � ---------------- �----_......�«_--- ---- Y ;;;n"i;� an::a;.•�; ::;::a;.; �p "_—_� -Ya/70�S �V �X---- � '",- ,\ �g � y � �w wnr�Yw a�+nN-� +� _ ,� . . </]![314KG¢ + w oe -� _... ' ' . , ___-i1191�if'g�_—L 1__ — _ ! � f�� �N.il`Niff m'a-;� � " "_ � �i_~WY4s+�v'M4�Mt��'- _�...��.,..._�-.__�_�� -1_.��3� �' t� i w.���a�f'� -�-r' _I_-_... -r , -=r-�-,.; � I i � f iY � I � � i� � , � � a;;,;__w„»,,,a.,,,,..�.a-='� f ec� ; � I , ` 1 i'' �a3 � i � � i � ��a � k � I 4y_�'y, t } ,"� � � I : � � w � F � .� ,. 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Nfl. .�l56789 To f!e �acafed—� N;"x ,i`��`' "'' •�� �.�yr 6 � � _i s.i Z a aW:�$} d C� 1- ir. `�w � g��;:. � ,�, xm r� � r� ,�'�:z. � �' t�r t �. o�,.�3:". o VI�'" ��i ! 1 ,� L_ , ♦/ , �,,} � Proposed Legal Qescription far the ��:: & Vacation af the S#r+aet And U#ility Easemsn# r� � � as Created in Dacument No.3166769 .3 00�`� w S89°08'00"£ i `� That part of Trac# D, Registered Land Survey Na. ,' i- 661, files ofi Registrar af Titles, Hennepin County, � � .. ., ., ''� ,��; Minnesota, lying narth oP the sauth 283.00 feet r � r , � r� v� i� � � thereof,which liss within the following described area: ` " " � " " r Beginning at the northeast carner of said Tract D; th�nce on an assumed bearing of North 89 degrees 08 minutes 00 seconds West a distance of 32.31 feet; thence South 44 degrees 32 minutas 41 seconds East a distance af 41.75 feet; thence South p0 degrees 00 minutes 00 seconds East a distance of 26.00 feet; thence Sauth 89 degrees 08 minu#es 00 seconds E�st � N. Line Of S 283 Ft. distance of 5.00 feet more ar Isss to the east 7roct D, RLS No. 68l--' line of Tract D; thence North QO degrees 00 --- �-.- minutes 00 seconds East alang the east line of Tract D to the northeast corner of said Tract D and there terminating. I heretry csrtify tt5at this survey,plan nr report was prepared Dy me or under my diroct supervision � f 4b�10: and ttrat I am a duly�icensed La�d Surveyor under the taws of the State of Minnesota. 1 3343 �� ����..r„� , ; November t4,2013 �����f�TES i Henr C7.Nelso -P cense No.17255 i�ate Sheet 1 �f 1 Gl�� t�� , Planning Department 763-593-8095/763-593-8109(fax) Executive Summary For Action Golden Valley City Council Meeting December 17, 2013 "60 Days" Deadline: February 16, 2014 Agenda Item 4. D. Public Hearing- Preliminary Plat Approval - Eldridge 7th Addition - 4824 Triton Drive Prepared By Mark Grimes, Director of Community Development Summary At the November 18, 2013 Planning Commission, the Commission unanimously recommended approval of the Preliminary Plat for the Minor Subdivision of 4824 Triton Drive. The Minor Subdivision is to be called Eldridge 7th Addition. The purpose of the Minor Subdivision is to divide the property at 4824 Triton Drive into two lots in order to construct two single family homes. The existing home will be torn down. The property is owned by Rob Eldridge, president of A.K.A.R.E. Companies. Mr. Eldridge is also the developer of Eldridge 3rd Addition, PUD No. 109 which is located adjacent to this property. Driveway access to the two lots will be by Perry Avenue North and Triton Drive. In order for this Minor Subdivision to go forward,the City Council will also be considering a Minor PUD Amendment to Eldridge 3rd Addition, PUD No. 109. The Minor PUD Amendment removes Outlot A from Eldridge 3rd Addition, PUD No. 109 and adds it to the Eldridge 7th Addition Minor Subdivision. Outlot A is a narrow outlot between Perry Avenue North and the east line of 4824 Perry Avenue North property. By adding Outlot A to the Minor Subdivision, the two new lots in Eldridge 7th Additian will have frontage on Perry Avenue North. Both lots in the Minor Subdivision meet or exceed City Code requirements. Since the recommendation for approval by the Planning Commission on November 18, 2013, Mr. Eldridge has made a slight revision to the Preliminary Plat for Eldridge 7th Addition. He has decided not to add any property from the 4824 Triton Drive parcel to lot 5, Eldridge 3rd Addition, PUD No. 109. He had originally thought this would improve Lot 5 but it would be complicated due to existing easements and the requirement to replat. Therefore,the Minor PUD Amendment only eliminates Outlot A from Eldridge 3rd Addition PUD No. 109. My memo to the Planning Commission dated November 12, 2013 is attached. Please note that the memo was written prior to the changes and new submissions provided by Mr. Eldridge. Qualification as a Minor Subdivision This action qualifies as a Minor Subdivision because the property is part of a recorded plat. In addition, the action will produce fewer than four lots and will not create need for public improvements. Seven specific criteria that govern minor subdivision requests are outlined, in their entirety, in the staff report to the Planning Commission, dated November 12, 2013. Attachments • Location Map (1 page) • Planning Commission Minutes dated November 18, 2013 (3 pages) • Memo to Planning Commission dated November 12, 2013 (4 pages) • Memo from Engineering Department dated December 11, 2013 (3 pagesj • Site Plans (5 pages) Recommended Action Motion to approve the Preliminary Plat for Eldridge 7th Addition, 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 in the amount of$880 shall be paid prior to final plat approval. 3. A Subdivision Agreement will be drafted for review and approval by the City Council that will include issues found in the Engineering Department's memo dated December 11, 2013. 4. The recommendations and requirements outlined in the memo from the Engineering Department to Mark Grimes, Community Development Director dated December 11, 2013 shall become a part of this approval. 5. Approval is contingent on the approval by the City Council of a Minor PUD Amendment for Eldridge 3rd Addition PUD No. 109 which adds Outlot A from PUD No. 109 to Eldridge 7th Addition. 6. This amendment keeps Lot 5, Eldridge 3rd Addition PUD No. 109 within the PUD. Eldridge 7th Addition will only be a two lot subdivision comprising the 4824 Triton Drive parcel and Outlot A of Eldridge 3rd Addition PUD No. 109. 7. All applicable City permits must be obtained prior to the development of the new lots. 8. This approval is subject to all other state, federal, and local ordinances, regulations, or laws with authority over this development. � . _ _ _ _ . ���� � �� �� , s ; �, _ , ��1\ _._�. �� \t '�� , '::> � �„��„; � �`,� 313�J; � *v: �� ��; `�;� 3142 3123 � `" � \ � • �. . ,'� �`�� �.._.,_.___.... , � � �� ,�3925 � �� 3125 . � ����z'� � � ,, ...'�_o-,.....< j . �\ 1 � \�' �� � �� �*.,ti f1 ' � ._�w {� ��`"`„-.__---..__..,_ � � t 311 5': �� 311 5 �i� � ' �� .. 1 � ���..�`� � � .��� � __._--,�- �� 2' f � ���� � w , „-�-- fi �< �,� �" �-^+� '� �� � �.iF�:� �p�T � � } �� �,, ..�,�� 310i � �� � -0910 /� �'`�z 492 Q h,` � � �� Y � ����� � � � ? .� �^�^� q �_y-,r..''� =`� � � 1 — 1 - "..---�~� � ��.---� ,�, Subject Property: 4824 Triton Dr. Minutes of the Golden Valley Planning Commission November 18, 2013 Page 5 ' din s 1. PUD plan is tailored to the specific haracteristics of the site_ chieves a highe lity of site planning and desi n than generally ex ° ed under conventiona isions of the ordinan e. 2. The PUD plan prese and protects ubstanti.��esirable portions of the site's characteristics, open space sens� ive. `�ironmental features including steep slopes, trees, scenic views, cree z, �" ands and open waters. 3. The PUD plan includes efficienta:��d ' e use (which includes preservation) of the land. � � _ 4. The PUD Plan results��'� "��d� evelopme compatible wi � 'acent u�t�s and is����; consistent with th ��� �omprehensive an and redevelopme��� ��s����! goals�: ; 5. The PUD pla "` consistent with pre rving and improving tl���ge �� �;ealth,;�afety and gene- ��welfare of the people of� he City. .� _ € 6. The P ���� plan meets the PUD Intent and Purpose provis�n a��`a11�other PUD � o nance provisions. 3. Informal Public Hearing —Minor Subdivision —4824 Triton Drive -A.K.A.R.E. Companies LLC, Applicant � Applicant: A.K.A.R.E. CompanieS LL��� �� � Address: 4824 Triton Drive: Purpose: To reconfigurErthe existing'or�e single family residential lot into two new single fa.mily residential lots Grimes explained the applieant's,`request;to subdivide the lot directly east of his recently approved PUD at 49p0 Triton �?�rive. He referred to a site plan of the property and explained that Lot 5 in PUD #1Q,9 is not a�'��rt of this subdivision proposal as it was shown on the plans submitted.,by th�app�l��c�nt,."�"he current subdivision proposal includes only the property at 4824`�°�riton'��i've an`d that the current proposal is to subdivide that lot into two new lots. I�e added�that��e Council will also be reviewing a Minor PUD amendment for PUD #109�that��tii(1.re�onf�gure the south lot line of Lot 5 and remove the existing Outlot A, however; Lot 5 will remain a part of PUD #109. Kluchka asked if Outlot A will be absorbed into this proposed subdivision. Grimes said yes. McCarty a�l�e�� if reconfiguring the property line between Lot 5 in PUD #109 and the 4824 Triton Drive property is making the new lots conform to the subdivision requirements. Grimes said no and explained that reconfiguring the property line on Lot 5 just makes that tot function better. Rob Eldridge, Applicant, said it was always his intent to develop this property but the owners didn't want to sell at the time he developed PUD #109 at 4900 Triton Drive. He Minutes of the Golden Valley Planning Commission November 18, 2013 Page 6 added that reconfiguring the property line on Lot 5 will give that property a better front yard and will allow more trees to be saved. Segelbaum asked Eldridge if he owns the property at 4824 Triton Drive. Eldridge said yes. Segelbaum asked Eldridge how the construction has gone thus far. Eldridge said he hasn't talked to any of the neighbors directly. He stated that one lot is sold and he is planning to build a model home on another lot. He added that the weather in the spring really hurt their construction plans. �T,i�` � Kluchka opened the public hearing. 3 �; Peter Lenagh, 4920 Normandy Place, said his main concern i�;that it,taas tak��;a year to sell and build one house so he is looking at seven more yeai�of co�1�`truction.�He said he � thinks Mr. Eldridge has gotten in over his head. He said it both�rs fiim to see what's been done to the land. They've cut down large oaks and maple� and more will have to be cut down. He said he fears for a heavy rain because th�re�is�a�40,to�45 degree slope and it is going to be a nightmare to live through this for another seven ye�rs. He said that the proposed new homes will cost $700,000 when most other homes in the area are only worth $200,000 to $300,000 and this will change t��.wMo�e dynam�c of the neighborhood. He said it seems like the City has gotten into bed_�niith��th� dsv�lo��r�in hopes of making tax revenue when in reality this is just ruining the fabri� of the.,neighliorhood. Jack Terrio, 3139 Orchard Avenue`Nortla., said,�the developer stated that the first house built (in PUD #109) would be a single���ory f�ouse an� it is not. He said he is looking at a pile of dirt and questioned why the concrete;wall that was supposed to go up hasn't. He asked if anyone knows what kind;o�f soils�re in`this development. He said he would have no concern over this current're�ues��if the developer had all of the other houses done and then wanted two more. H���;�aid if�th��developer had done his original plan, the first house would have blended in and that r�one of this makes sense and he is tired of it. He asked if he sold his house today�if he ��ould'hav� to have his well capped and his water tested. He said the City seems to have;a different set of rules for this developer and that this was not supposed to cost the�taxp��ers=�ny money. He asked why it took so long to build the cul-de-sac that was just cornpleted��t�tio;w�eks ago and what kind of deal was made on the installation of the cul-de;sac because the people who dug the cul-de-sac weren't the same people who paved it. He�sked=if he could do the same thing and if the developer was bilfed for the work: He stated that the developer should get his act together with the five properties he has now;and �fien come back with a proposal for this property. Seeing and hearing no one else wishing to comment, Kluchka closed the public hearing. Segelbaum asked about construction timing issues and rules related to that. He also asked if piles of dirt can be left indefinitely. Grimes explained that the homes Mr. Eldridge is building are custom homes so they won't be built until there is a buyer. He stated that there are requirements regarding erosion control and tree preservation He agreed that it is unfortunate that it is taking a while to construct these homes but it has been dependent on Minutes of the Golden Valley Planning Commission November 1$, 2013 Page 7 the market. He added that once a building permit is issued there has to be progress made, but there is not a timeline applicants are required to follow. Segelbaum asked if Mr. Eldridge is in violation of any requirements. Grimes said no. Kluchka asked for clarification regarding the construction of the cul-de-sac. Oliver stated that the cul-de-sac was originally going to be private, however that was changed and the City built it as a public street with 100% of the cost assessed to the developer. He added that the wet spring did cause a significant delay in the construction. Kluchka asked about the requirements for neighborhood ground water�festmg `(�,I,iver said e is not aware of any specific requirements regarding groundwater; � � : FF Segelbaum stated that this subdivision proposal was somewh�t;expeet�d and:,h����is pleased to see it go forward. He said this proposal wifl make the PUD�prop�rfies ne�to���it more attractive because there won't be strange-shaped lots and outl�ts vvhich sh�ould improve the chances of the houses being built faster. MOVED by Segelbaum, seconded by Cera and rnotion�carried�un�nimously to recommend approval of a Minor Subdivision at 4824 Triton D'rive to allow the existing one single family residential lot to be reconfigured into two new single family residential lots subject to the following conditions: 1. The City Attorney will determine�if=a,title revie�ni�is�necessary prior to approval of the final plat. 2. A park dedication fee in the ari�ount.Qf$880��a11 be paid prior to final plat approval. 3. A Subdivision Agreeme�tt vuill,be d�aifted for review and approval by the City Council that will include issues„found in the City Engineer's memo dated November 13, 2013. � � 4. The recommenda��Qns and�requirements outlined in the memo from City Engineer Jeff Oliver to Mark iGrimes, Community Development Director dated November 13, 2013 shal{ be�ome a par��of t�iis approval. 5. Approval is continge��'on the approval by the City Council of a Minor PUD Amendi�er�#,for�E��irid�e 3�d Addition PUD No. 109 which adds Outlot A from PUD tn°: No �1s09 to E��riclt���7; `Addition and allow a portion of the north part of the 4824 Triton �r parcel (about 1,200 sq. ft.) to be added to Lot 5, Eldridge 3�d Addition PUD , �No. 109.`'` : 6. The developer shall amend proposed Eldridge 7th Addition to reflect the changes proposed by the Planning staff. This amendment keeps Lot 5, Eldridge 3`d Addition PUD No: 109 within the PUD. Eldridge 7th Addition will only be a two lot subdivision comprising the 4824 Triton Dr. parcel and Outlot A of Eldridge 3�d Addition PUD No. 109. This amendment shall be made prior to review of the minor subdivision of Eldridge 7th Addition by the City Council. 7. All applicable City permits must be obtained prior to the development of the new lots. 8. This approval is subject to all other state, federal, and local ordinances, regulations, or laws with authority over this development. �l t� D'� ' ' t����� � � �[�. �.'� Planning Department 763-593-80951763-593-8109(fax) � ._ ... ..., a. ,,�. t� . . .,. .. _,r. _,� u �F..a , . ,. _ro°� , �, .,�e�.'T�d.� 7:� �, .�e.. ,.�,..,. ..,,. Date: November 12, 2013 To: Golden Valley Planning Commission From: Mark W. Grimes, Community Development Director Subject: Informal Public Hearing on Preliminary Plan for Minor Subdivision of Eldridge 7th Addition (4824 Triton Dr.)—A.K.A.R.E. Companies (Rob Eldridge), Applicant .� - �s Summary of Request Rob Eldridge, president of A.K.A.R.E Companies is proposing to subdivide into three lots the property at 4824 Triton Dr. , Outlot A of Eldridge 3rd Addition PUD No. 109, and Lot 5 of Eldridge 3rd Addit1o11 PUD No. 109. Currently, there is an existing house and detached garage located on the 4824 Triton lot that would be removed. Lot 5 and Outlot A in Eldridge 3�d Addition PUD No. 109 are vacant. The two south lots in the proposed Eldridge 7th Addition (Lots 2 and 3) are proposed to be 10,521 sq. ft. and 10,302 sq. ft. in area. Lot 1 wil) be over 25,000 sq. ft. in area. The property is designated on the General Land Use Plan map for Low Density residential. The property is zoned R-1 (Single-Family). In order for this Minor Subdivision to go forward, a corresponding Minor PUD Amendment to PUD No. 109 will have to be approved. Within proposed Eldridge 7th Addition, Lot 1 and 2 would have access to the Perry Ave N. cul-de- sac and Lot 3 would have access to Triton Dr. The Perry Ave. N. cul-de-sac was constructed this past year as part of the Eldridge 3�d Addition, PUD No. 109. As proposed by the Mr. Eldridge,the three lots would not be in a PUD. Proposed Lot 1 of Eldridge 7th Addition would be taken out of PUD No. 109. Mr. Eldridge would be the developer of both PUD No. 109 and Eldridge 7tn Addition. On November 13, 2013 I spoke with Mr. Eldridge about an issue I had with the proposed Eldridge 7th Addition. He agreed with me that a change is necessary. I have attached a sketch of the revision to Eldridge 7th Addition that is acceptable to the Planning Department. In the original Eldridge 7th Addition submitted by Mr. Eldridge he proposed taking Lot 5 of the Eldridge 3'd Addition PUD No. 109 out of the existing PUD No. 109 and adding it to Eldridge 7t" Addition. This cannot be done because the new lot 1 of Eldridge 7`h Addition (former Lot 5 of Eldridge 3�d Addition PUD No. 109) cannot be taken out of the PUD due to special lot setbacks and other requirements stipulated in PUD No. 109.Also, proposed Lot 1 of Eldridge 7thAddition does not meet the requirements of the Zoning Code because it does not have 80 ft. of frontage at the front setback line(35 ft. back from the right of way line).The City cannot approve a subdivision that does not meet these requirements. Lot 5 of Eldridge 3'd Addition can exist as part of a PUD without the 80 ft. of width.The revision indicates that Outlot A, Eldridge 3ra Addition PUD No. 109 will be taken out of Eldridge 3'd Addition PUD No. 109 and added to Eldridge 7th Addition, and that a sliver of the north part of 4824 Triton Dr. parcel (about 1,200 sq. ft.)will be added to Lot 5 of Eldridge 3'd Addition PUD No. 109. These changes would be done by a Minor PUD amendment discussed below. Please note that the Public Works Memo from Jeff Oliver, PE,City Engineer, Eric Eckman, Pubiic Works Specialist and Joe Fox,Water Resources Engineer, assumes that the Minor Subdivision is being considered as submitted by Mr. Eldridge. As stated above,the Planning Department has revised the plat with the approval of Mr. Eldridge.The findings in the Public Works memo do not change and wiil be revised to indicate the revised Eldridge 7t"Addition when it goes to the City Council. In order to make this Minor Subdivision work, there will have to be a corresponding amendment to Eldridge 3�d Addition, PUD No. 109. This would be accomplished by a Minor PUD Amendment that would eliminate Outlot A from the Eldridge 3�d Addition PUD No. 109 and add it to the 4824 Triton Dr. parcel. In addition,the Minor PUD Amendment would add a small portion of the north part of 4824 Triton Dr. parcel to what is now Lot 5, Eldridge 3�d Addition PUD No. 109.This minor PUD amendment would be considered by the City Council on January 7, 2014, at the same time the final plat for the Minor Subdivision is scheduled to be considered by the City Council. (The preliminary plan for the Minor Subdivision is scheduled to go to the City Council on December 17, 2013.j Mr. Eldridge has applied for the Minor PUD amendment to request the changes to the PUD. Qualification as a Minor Subdivision The proposed two lot subdivision (as revised) qualifies as a Minor Subdivision because the property located at 4824 Triton Dr. is part of a recorded plat (Lot 5 of Woodlawn Park). In addition, this proposed subdivision will produce fewer than four lots and will not create need for public improvements (such as street reconstruction.)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 Staff has evaluated this lot subdivision request as a Minor Subdivision. His request creates two lots that each exceeds the minimum lot requirements in the R-1 Single Family Residential Zoning District. (Minimum requirements are that lots must be at least 10,000 square feet in area with 80 feet of width at the front yard setback tine which is 35 feet from the street right-of-way.)The corner lot has the required 100 ft. of frontage at the front setback line. The applicant has submitted a survey for the property located at 4824 Triton Dr. that indicates the proposed lot layout and setback boundaries following lot division.These documents provide the City with information necessary to evaluate the Minor Subdivision. City Engineer Jeff Oliver, PE, has submitted a memorandum dated November 13, 2014 regarding recommendations from the Public Works Department concerning this request. Requirements set forth in this memo are itemized in the staff-recommended action area of this repart. 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 comments related to this request: 1. Minor Subdivisions shall be denied if the proposed lots do not meet the requirements of the appropriate zoning district. All proposed lots will meet the requirements set forth by the R-1 Single Family Residential Zoning District after the Minor PUD Amendment is approved. 2. A Minor Subdivision may be denied if the City Engineer determines that the lots are nat buildable.The lots are located on an existing city street with all utilities. 3. A Minor Subdivision may be denied if there are no sewer and water connections available or if it is determined by the City Engineer that an undue strain will be placed on City utility systems by the addition of the new lots. Sewer and water connections are already provided to the two proposed lots. 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 o#her than the City have jurisdiction of the streets adjacent to the minor subdivision,the agencies will be given the opportunities to comment. No other agencies have authority to review this subdivision. 6. The City may ask for review of title if required by the City Attorney for dedication of certain easements. The City Attorney will determine if such a title review is necessary prior to approval of the final plat. 7. The Minor Subdivision may be subject to park dedication requirements. In this case, a park dedication fee in the amount of$880 will be paid by the developer prior to final plat approval as per the City's fee schedule. Recommended Action The Planning Department recommends approval of the two lot revision to Eldridge 7th Addition (Minor Subdivision)with the conditions listed below: 1. The City Attorney will determine if a title review is necessary prior to approval of the final plat. 2. A park dedication fee in the amount of$880 shall be paid prior to final plat approval. 3. A Subdivision Agreement will be drafted for review and approval by the City Council that will include issues found in the City Engineer's memo dated November 13, 2013. 4. The recommendations and requirements outlined in the memo from City Engineer leff Oliver to Mark Grimes, Community Development Director shall become a part of this approval. 5. Approval is contingent on the approval by the City Council of a Minor PUD Amendment for Eldridge 3`d Addition PUD No. 109 which adds Outlot A from PUD No. 109 to Eldridge 7tn Addition and allow a portion of the north part of the 4824 Triton Dr. parce) (about 1,200 sq. ft.)to be added to Lot 5, Eldridge 3�d Addition PUD No. 109. 6. The developer shall amend proposed Eldridge 7th Addition to reflect the changes proposed by the Planning staff.This amendment keeps Lot 5, Eldridge 3�d Addition PUD No. 109 within the PUD. Eldridge 7th Addition will only be a two lot subdivision comprising the 4824 Triton Dr. parcel and Outlot A of Eldridge 3`d Addition PUD No. 109. This amendment shall be made prior to review of the minor subdivision of Eldridge 7th Addition by the City Council. 7. All applicable City permits must be obtained prior to the development of the new lots. 8. This approval is subject to all other state,federal, and local ordinances, regulations, or laws with authority over this development. Attachments: Location Map (1 page) Memorandum from City Engineer Jeff Oliver dated November 13, 2013 (3 pages) Planning Staff Revision of Site Plan (1 page) Site Plans (5 pages) +G��� ()�, 4..� �t�. � Pub1i�Works Departrnent � 763-593-8030/763-593-3988{fax) Date: December 11, 2013 To: Mark Grimes, Director of Community Development From: Jeff Oliver, PE, City Engineer Eric Eckman, Public Works Sp ialist Joe Fox, EIT, Water Resources Engineer Subject: Minor PUD Amendment—Eldridge 3�d Addition—PUD #109 Minor Subdivision —4824 Triton Drive—Eldridge 7th Addition Public Works Staff has reviewed the application for a minor PUD Amendment to the Eldridge 3`a Addition and the application for a minor subdivision, to be named Eldridge 7th Addition, submitted by A.K.A.R.E. Companies. The PUD and Subdivision are located on Perry Avenue, north of Triton Drive. Eldridge 3�d Addition PUD was platted with five lots and an outlot. The developer recently purchased an adjacent property at 4824 Triton Drive and seeks to incorporate this into the development. Therefore, Eldridge 7th Addition will be comprised of this newly acquired property, as well as Outlot A of Eldridge 3�d Addition. The 7th Addition will consist of two single-family lots. In Eldridge 7th Addition, Lot 1 will have driveway access off Perry Avenue. Lot 2 will have driveway access off Triton Drive. City of Golden Valley Right-of-Way Permits will be required to construct driveway aprons for each lot. Water and sewer for Lot 1 will be provided by services that were constructed in Perry Avenue, as part of the 3rd Addition. Lot 2 will utilize existing services on Triton Drive. The plans for Eldridge 7tn Addition must show watermain service to each proposed home on a Utility Plan. Compliance with Golden Valley's Inflow & Infiltration Ordinance for both lots must be obtained before Certificates of Occupancy can be issued. Lot 1 will need an inspection after construction of the home is complete. The developer signed an Escrow Agreement and paid a security deposit of $4,375, when he purchased 4824 Triton. The deposit will be returned once new home construction on Lot 2 is complete and the sanitary service passes inspection. �:\Developments-Private\Eldridge 3rd Add PUD 109\Minor Subd Minor PUD Amend rev Dec112013.docx The proposed PUD and Subdivision are within the Main Stem sub-watershed of the Bassett Creek Watershed, This project does not meet the threshold for review by the Bassett Creek Watershed Management Commission. However, rate control and water quality requirements for the two new lots were satisfied by the stormwater pond constructed as part of Eldridge 3`d Addition. Each lot of Eldridge 7th Addition will be custom-graded at the time of home construction. The developer will be required to obtain City of Golden Valley Stormwater Management Permits for each lot. Existing drainage and utility easements must be vacated as part of this development. The City will initiate the easement vacation process and provide all public notices and notification letters. As part of this process, the developer must provide exhibits to the City showing the existing easements to be vacated and the proposed final plat. The developer must submit legal descriptions of easements to be vacated. The developer must complete an application for easement vacation at the time the final plat is submitted. Specifically,the easement covering Outlot A of Eldridge 3�d Addition must be vacated and the easements in Woodlawn Park Lot 5 (which is the property at 4824 Triton Drive), must also be vacated. The City's Subdivision Ordinance requires 10-foot drainage and utility easements on all plat boundaries and 12-foot easements centered on all interior lot lines. The final plat for this development must include easements on all property iines, consistent with the City's Subdivision Ordinance. The origina) Eldridge 3rd Addition was a two-phase development. A Tree Preservation Permit was required for Phase 1 which included initial site grading, as well as road and utility installation. This Phase 1 permit required tree replacements to be planted throughout the 3rd Addition, Lots 1 through 5. In Phase 2, the developer was required to acquire individual Tree Preservation Permits for each of the five lots in Eldridge 3rd Addition. These permits identify tree protection and mitigation, if additional trees are to be removed when the homes are built. A Phase 1 Tree Preservation Permit will not be necessary for the Eldridge 7th Addition develop- ment project. However, both of the Eldridge 7th Addition lots will require an individual Tree Preservation Permit prior to construction. The Final PUD Plan Review memo for Eldridge 3�d Addition, dated August 22, 2012, stipulated that the owner of Lot 5 would be required to sign an agreement to maintain Outlot A. This agreement was never created or signed. Since the outlot will be incorporated into the lots of Eldridge 7tn Addition, this agreement is no longer necessary. Public Works staff recommends approval of the proposed Eldridge 3rd Addition minor PUD Amendment and Eldridge 7th Addition minor Subdivision, subject to the comments contained in this review and subject to the comments of other City staff and other agencies. 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A. Approval of Plat - Meadowbrook School 3rd Addition PUD No. 90 and Authorization to Sign Amended PUD Permit- PUD No. 90-Amendment#3 Prepared By Mark Grimes, Community Development Director Summary At the November 6, 2013 City Council meeting, the Counci) held a public hearing on the Final PUD plan for Meadowbrook School PUD No. 90, Amendment#3. After the hearing the Council approved the Final Plan. The Final Plat and PUD Permit have now been prepared for consideration. City staff has reviewed the documents and finds them to be consistent with the approved Final PUD plan and the requirements of City Code. Attachments • Underlined/Overstruck PUD Permit for Meadowbrook School, P.U.D. No. 90, Amendment#3 (3 pages) • Final Plat of Meadowbrook School 3rd Addition P.U.D. No. 90 (1 page) • Resolution for Approval of Plat- Meadowbrook School 3rd Addition P.U.D. No. 90 (1 pagej Recommended Action Motion to adopt Resolution for Approval of Plat- Meadowbrook School 3rd Addition P.U.D. No. 90. Motion to authorize the Mayor and City Manager to sign the amended PUD permit for Meadowbrook School, P.U.D. No. 90, Amendment#3 to allow for the construction of a small addition onto the current school building (5430 Glenwood Avenue) and a tunnel that connects to the former Crisis Nursery property (5400 Glenwood Avenue). Meadowbrook School, PUD No. 90 City Council Approval: December 19, 2000 City Council Approval Amendment#1: May 15, 2012 City Council Approval Amendment#2: November 20, 2012 City Council Approval Amendment#3: November 6, 2013 City of Golden Valley, Minnesota Use Permit for Amendment#3 For Planned Unit Development Project Name: Meadowbrook School, PUD No. 90 Location: 5430 and 5400 Glenwood Avenue, Golden Valley, Minnesota Legal Description: 5430 Glenwood Avenue: Lots 1 and 2, Block 1, Meadowbrook School P.U.D. No. 90 5400 Glenwood Avenue: Lot 1. Block 1, Meadowbrook School Addition Applicant: . , ' , , , Hopkins Public Schools ISD # 270 Zoning District: Institutional (I-1) Permitted Uses: Elementary School and Community Center with Gyms. Amendment 3 allows for the construction of a small addition onto the current school building (5430 Glenwood Avenue) and a tunnel that connects to the former Crisis Nursery property (5400 Glenwood Avenue . Components: A. Land Use . , , , , , � N"tm� �r 4ho r�l�r�� r�ror»r h�i CACCnninoorinn DI I (� rl.�4 �es�a-s�rs�e�a-p� �.red-�-�,-�,�„�� , 2d �s�e�e�2�2A�� 4 1. Permitted uses include an existing 60,000 sq. ft. elementary school and a 23,800 sq. ft. community center with two gyms connected to the school. The community center will be used by the School for regular school activities, early childhood family education, and for other school activities. The City will also use the community center for recreation activities. 2. The plans prepared by SGN/Wendel, dated August 28, 2013, submitted with the application shall become a part of this approval. 3. Amendment 3 allows for the construction of a small addition onto the current school buildinq (5430 Glenwood Avenue) and a tunnel that connects to the former Crisis Nursery property (5400 Glenwood Avenue). B. Appearance , �� 1. �. All signs for the school campus shall meet the sign requirements for a school in the I-1 (Institutional) zoning district. C. Construction, Grading and Utilities . , n I �� nAoin+cn�nn cm 4 oholl ho �inno�J h�i+hc f�PF}��—���clfag ��rrccrrcrrrc�FGacrT,�r, r�°�^�°r-. 1. The recommendations and requirements outlined in the memo from Deputy Fire Chief John Crelly to Mark Grimes, Communitv Development Director dated August 5, 2013, shall become part of this approval. 2. The recommendations and requirements outlined in the memo from City Enqineer Jeff Oliver to Mark Grimes, Community Development Director, dated October 10, 2013, shall become a part of this approval. . , . �� It is hereby understood and agreed that the Use Permit is part of the City Council approval granted on December 19, 2000, May 15, 2012, November 20, 2012 and November 6, 2013. Any changes to the PUD Permit for Meadowbrook School, PUD No. 90 shall require an amendment. ISD #270 HOPKINS PUBLIC SCHOOLS Witness: By: Title: Date: CITY OF GOLDEN VALLEY Witness: By: Shepard M. Harris, Its Mayor Date: Witness: By: Thomas D. Burt, Its City Manager Date: WARNING: This permit does not exempt you from all other City Code provisions, regulations and ordinances . . . � 13\\ ''_'_ � ' � Z I� _' / �o� ii __ S/�sb��O O V / �� , .i \�:Ii � `9!� ZQ = Z £O / � ���� \d ��a0.i� �/����. �`G"S' = N W �o k� ��,�i�p9•,� /, , �8\� '�p� p� o � �•.-' / �,r1� �3�285i/i �'�� �`Ir. i � �c°� W 7 ' � � �i -___- i Z 'n \ `� � (1V7d f!'!4Z) i� ',�W�� ��� ��I,.-' L7.��.�{ �x£'S,��o��lV --�, � 0 •�l �z � ' Q Z O 'i w oZ Z � �� � � — Q� �.�6.----�,\--__-`` ' � + + u g � o � ; ,o'` �;� 2> " `� z i 0 p Z � �1 i � Q, ¢g � - �a n� �ye a� Q � � '�r' o A \6� �w I �i - - o o ly � i ti I r� o OC U <� � - V �� /g o� I �e � _ ;i /79ry `'y � ;,/=; � �yuh ,_i : � t`; _� . 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NO. 90 WHEREAS, the City Council for the City of Golden Valley, pursuant to due notice, has heretofore conducted a public hearing on the proposed plat to be known as Meadowbrook School 3�d Addition P.U.D. No. 90 covering the following described tracts of land: Lot 1, Block 1, MEADOWBROOK SCHOOL P.U.D. NO. 90, Hennepin County, Minnesota and Lot 2, Block 1, MEADOBROOK SCHOOL P.U.D. NO. 90, Hennepin County, Minnesota and Lot 1, Block 1, MEADOWBROOK SCHOOL ADDITION, Hennepin County, Minnesota. WHEREAS, all persons present were given the opportunity to be heard; NOW, THEREFORE, BE IT RESOLVED, by the City Council for the City of Golden Valley, that said proposed plat be, and the same hereby is, accepted and approved, and the proper officers of the City are hereby authorized and instructed to sign the original of said plat and to do all other things necessary and proper in the premises. 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. ���� �� I Planning Department 763-593-80951763 593 8109(faxj � � .,�� � ��� � �� Executive Summary For Action Golden Valley City Council Meeting December 17, 2013 Agenda Item 6. 6. Approval of Plat- Xenia Apartments PUD No. 113 and Authorization to Sign PUD Permit and PUD Development Agreement-The Xenia PUD No. 113 Prepared By Mark W. Grimes, Community Development Director Summary At the December 17, 2013 City Council meeting,the Council held a public hearing on the Final PUD Plan for The Xenia. After the hearing the Council approved the Final Plan. The Final Plat, PUD Permit and PUD Development Agreement have been prepared for consideration. City staff has reviewed the documents and finds them to be consistent with the approved Final PUD Plan and the requirements of City Code. Attachments • PUD Permit-The Xenia PUD No. 111 (3 pages) • PUD Development Agreement-The Xenia PUD No. 113 (5 pages, to be distributed next week) • Resolution for Approval of Plat-Xenia Apartments PUD No. 113 (1 page) • Final Plat- Xenia Apartments PUD No. 113 (2 pages) Recommended Action Motion to adopt Resolution for Approval of Plat-Xenia Apartments PUD No. 113. Motion to authorize the Mayor and City Manager to sign the PUD Permit and Development Agreement for The Xenia PUD No. 113. The Xenia P.U.D. No. 113 City Council Approval: December 17, 2013 City of Golden Valley, Minnesota Use Permit for Planned Unit Development Project Name: The Xenia P.U.D. No. 113 Location: 700 and 800 Xenia Avenue South, Golden Valley, Minnesota Legal Description: Lot 1, Block 1, Xenia Apartments, P.U.D. No. 113 Applicant: Slosburg Company Address: 10040 Regency Circle, Suite 200, Omaha, NE 68114 Owner: Slosburg Company Address: 10040 Regency Circle, Suite 200, Omaha, NE 68114 Zoning District: I-394 Mixed Use Permitted Uses: The PUD Permit allows for the construction of a five-story, 372- unit apartment building. Components: A. Land Use 1. The plans prepared by Louck Associates and BSB Design, dated October 98, 2013 and December 3, 2013, submitted with the Final PUD Plan application shall become a part of this approval. 2. Prior to issuance of any building permits for construction within PUD No. 113, the applicant shall submit a final plat to the City for approval. 3. A Park Dedication Fee of$38,200 shall be paid by the developer prior to approval of the Final Plat. 4. The applicant is assessed a Traffic Management Fee of$57,809.40 per City Code. Payment of half of the fee ($28,904.70) is required prior to approval of the Final PUD Plat. (The remaining half of the fee is required to be paid prior to the issuance of a Building Permit.) The Xenia P.U.D. No. 113 Page 2 5. No snow shail be stored on site. B. Construction 1. The recommendations and requirements outlined in the memo from Deputy Fire Chief John Crelly to Mark Grimes, Community Development Director dated August 20, 2013 shall become a part of this approval. 2. The recommendations and requirements outlined in the memo from City Engineer Jeff Oliver to Mark Grimes, Community Development Director dated November 23, 2013 shall become a part of this approval. 3. The design specifications, including building location, fa�ade treatment and materials, and site design, as submitted by the applicant, shall become part of this approval. 4. All signs on the property must meet the requirements of the City's sign code. C. Grading, Utilities, Access and Other Engineering Issues 1. The recommendations and requirements outlined in the memo from City Engineer Jeff Oliver to Mark Grimes, Community Development Director dated November 23, 2013 shall become a part of this approval. D. Subdivision 1. Proof of filing of the plat shall take the form of a certified copy of the fully recorded plat, or a receipt from the County specifically noting that the applicant has paid for such a copy to be sent to the City when it becomes available. 2. The name of the final plat shall include "P.U.D. No. 113" in its title. !t is hereby understood and agreed that this P.U.D. Permit is a part of the City Council approval granted on December 18, 2012. Any changes to the PUD Permit for The Xenia P.U.D. No. 113 shall require an amendment. The Xenia P.U.D. No. 113 Page 3 Slosburg Company Witness: gy; Title: Date: CITY OF GOLDEN VALLEY Witness: gy: Shepard M. Harris, Mayor Date: Witness gy: Thomas D. Burt, City Manager Date: Warning: This permit is subject to all other state, federal, and local ordinances, regulations, or laws with authority over this development. Resolution 13-116 December 17, 2013 Member introduced the following resolution and moved its adoption: RESOLUTION FOR APPROVAL OF PLAT - XENIA APARTMENTS P.U.D. NO. 113 WHEREAS, the City Council for the City of Golden Valley, pursuant to due notice, has heretofore conducted a public hearing on the proposed plat to be known as Xenia Apartments P.U.D. 113 covering the following described tracts of land: That part of Tract D, lying North of a line drawn 283 feet North of and parallel to the Northerly line of Tract C; all in Registered land Survey No. 661, Hennepin County, Minnesota. Together with That part of Tract D, Registered Land Survey No. 661, Hennepin County, Minnesota, lying South of a line drawn 283 feet North of and parallel to the Northerly line of Tract C, said Registered Land Survey, except that part thereof which lies Easterly of the following described line: Beginning at a point on the Southerly line of said Tract D distant 15 feet Westerly of the Southeast corner thereof; thence run Northerly to the point of intersection of a line run parallel with and distant 5 feet Westerly of the East line of said Tract D with a line run parallel with and distant 100 feet Northerly of the South line of said Tract D; thence run Northerly on said 5 foot parallel line to its intersection with the Northerly line of said Tract D and there terminating. WHEREAS, all persons present were given the opportunity to be heard; NOW, THEREFORE, BE IT RESOLVED, by the City Council for the City of Golden Valley, that said proposed plat be, and the same hereby is, accepted and approved, and the proper officers of the City are hereby authorized and instructed to sign the original of said plat and to do all other things necessary and proper in the premises. 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. � � yW w • W N Qo � � Vw OW _ • v, �' � o Q z U O � � I I I � � I � I I , �. . , , ,. , I I � -�- �- , . ,�r, , , . ,. ,. ;�.�::. �= ' 1 _ � h� ; � L � � L- F _ ;ir- r- i �L- ..�- � I .. i�_�i��_��v �-�i� �.. i .� � i .i _ �;i i � � _. .� ._. � � .� � � �� �- �. � � �. � � � �•- — � � --/ . \� — ` � " � _— ,� � •-- Q � 8'g .� ' . � .-.�,.:�.•�! ::1:..'.� 8iz — — �7 ---1/�n0$ eMlaA�/ B/UaJ(-- � — I %—' mg /99°N SRI�07>°�1/0°W7�/,3". .� . N� � + � � / `,� i 1 --�����TiS��vC.�__—�� __ 1 � / I [6Z9Z 3,ZSJS.OS � -� _ — — — �� M.Li,/£iS aa'si= I '_ ; ' . 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C. Authorization to Sign Amended PUD Permit - Eldridge 3rd Addition PUD No. 109 - Amendment#1 Prepared By Mark W. Grimes, Community Development Director Summary Rob Eldridge is the developer of Eldridge 3rd Addition PUD No. 109. The PUD consists of five single family lots and one outlot that are served by the new Perry Avenue North cul-de-sac (completed this year) and Triton Drive. The lots were made a part of a PUD rather than a "normal" subdivision because several of the lots do not meet the strict standards of the zoning code. The lots greatly exceed the minimum lot size but the lot width and building setbacks are less within this PUD for each af the lots. Mr. Eldridge is now requesting that Outlot A (a narrow strip along the east edge of the new Perry Avenue North cul-de-sac) be taken out of PUD No. 109 in order that it can be made a part of the proposed Eldridge 7th Addition. The Outlot would become a part of each of the two lots within the Eldridge 7th Addition. PUD No. 109 was approved by the City Council on September 19, 2012. Since that time,the cul- de-sac has been constructed. One home has been completed and there is one home now under construction. The storm water pond has also been completed. All work has been done in conformance with City regulations including storm water management, erosion control and tree preservation. The remaining homes will each be custom homes so they will be constructed when Mr. Eldridge enters into a contract for construction. The two lots within Eldridge 7th Addition will also be custom homes. Because Eldridge 3rd Addition is a PUD, all development within the property must be consistent with the PUD permit issued by the City Council. The PUD permit indicates that the Outlot A is part of the PUD. Therefore, the proposed minor amendment proposes to take Outlot A from Eldridge 3rd Addition. In order to qualify as a minor amendment, the minor amendment has to meet eight requirements. The proposed Eldridge 3rd Addition PUD No. 109 amendment meets the requirements to be considered a minor amendment. The proposed minor amendment shall not: 1. Eliminate, diminish or be disruptive to the preservation and protection of sensitive site features. 2. Eliminate, diminish or compromise the high quality of site planning, design, landscaping or building materials. 3. Alter significantly the location of buildings, parking areas or roads. 4. Increase or decrease the number of residential dwelling units by more than five percent. 5. Increase the gross floor area of non-residential buildings by more than three percent or increase the gross floor area of any individual building by more than five percent. 6. Increase the number of stories of any building. 7. Decrease the amount of open space by more than three percent or alter it in such a way as to change its original design or intended function or use. 8. Create non-compliance with any special condition attached to the approval of the Final PUD Plan. The City Council has the right to approve the amendment by a simple majority vote without a public hearing or to refer the matter to the Planning Commission for their input and recommendation. Because of the minor impact of this proposal, staff does not think it necessary to have Planning Commission or public input. Attachments • Location Map (1 page) • Memo from Public Works Department, dated December 11, 2013 (3 pages) • Site Plan (1 page) • Underlined/Overstruck for Eldridge 3rd Addition PUD No. 109, Amendment No. 1 (3 pages) Recommended Action Motion to authorize the Mayor and City Manager to sign the amended PUD permit for Eldridge 3rd Addition PUD No. 109, Amendment No. 1 to allow Outlot A to be removed from the PUD. va I_Add re ss �� �!� - � 3�8't �'1- �26�I ' 3��� � ' #fi1t} ' 3"�"7�'! , ��1, ������ ���� �� ������� ��� _ ��� � ��� �,��� ���� ���� ���� � � �� � � ����w���a � asa� ��� ��c� ���cr �c �2�•� �' as�a a�� � �. � �r�': �a � � s��o t , , ���� �a� � ._��azli»��k;������'�h'°" La�4+�r� T�t ' _. 3�22� Subject Property: f,� ���� ��� � " ��� Eldridge 3rd Addition PUD #109 ���� � � �� � ���� � ''� ���� � ���� �T �s�. �c�� � '� ��oc� l.��x�rrry ��r = G��,���Lcrw,�r�r ��r���� , 3"�4�r 3�39 31� 3125� � 3'�26 3145 '3 4 �: : , � ,�12�r � ��.; ����. �1� �'42�i 3t�5 � �i2�k ���� � � . . 3�3�! �� � ��� 311� ������ � "�. 31'!� ��' �1't� � ��, . �31 i 4 ���� 3���� � � � � � � � 9���4 �� y ' '� ;�� � 39��} ��� �� 31dY� r�Ei 31fH1 3101 ��? � 3"f� .�� � � -�� � � q�ry{ �{�{W� ^�° 4 ' [^�. +�p� �F 4R3 L&h.��ixr.�i t ....SL}....:.. 3 nX�V E f fJ ,:.i8 (F��Pi{�� L.i� � A i,�'..... ., a�-�' . 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JV�I.Y JV�� JV�� +.t9Jf�i y .., �ta�5, �' �€r3� � �� � ���a� � �� ._ �trao � a�ta� ��� ����c� �� c� � �t��rr � � ��� �4�zC� 4�t�a !,.��� � '; ;� �1rr���6� � ���t� �59�t� � 2��4� 2945 �^, 29�6 2s45 �� � ' 2�4�4 ���� 4�-0,4 t� ' '� � �� �9�8� � � '�s �' � ... ��,���wiGi��h'�,� ' � ��� ,�:, ' �,��. e.� ��� � �9��i� 29� ! � ���2 '�� ���� � �'�2 '� ������'1- ' t� �.: ��, ���,. �.ti�_,��.����"�'e�3�� �,� ' ��� ' � : � �i(� ��#� ` �'� � `2�4�► � � � � ��4� ���1 � ���4t� 2��41 2�4'E t'3 ' �9�€1€ ro ' �937 I�I ��I� � � ' "" ��3� -��y� ' �� � ;� �. ����'i Z93� 2��7 � ��3fs 2�3F ��37 � : � 2��4 �9��� � �. 2'9��4 �� 2��s i u� . 2�3� ' � �:� ��14 ,� 2���r ,� !�� ��� ��� ��tZS w . �> > �� _� �: ; December 3, 2013 city �f r ���� �� � � �+�. �� Public Works Department 763-593-8430/763-593-3988(fax) Date: December 11, 2013 To: Mark Grimes, Director of Community Development From: Jeff Oliver, PE, City Engineer Eric Eckman, Public Works Sp ialist Joe Fox, EIT, Water Resources Engineer Subject: Minor PUD Amendment—Eldridge 3rd Addition—PUD#109 Minor Subdivision —4824 Triton Drive—Eldridge 7th Addition Public Works Staff has reviewed the application for a minor PUD Amendment to the Eldridge 3`a Addition and the application for a minor subdivision, to be named Eldridge 7th Addition, submitted by A.K.A.R.E. Companies. The PUD and Subdivision are located on Perry Avenue, north of Triton Drive. Eldridge 3rd Addition PUD was platted with five lots and an outlot. The developer recently purchased an adjacent property at 4824 Triton Drive and seeks to incorporate this into the development. Therefore, Eldridge 7th Addition will be comprised of this newly acquired property, as well as Outlot A of Eldridge 3rd Addition. The 7th Addition will consist of two single-family lots. In Eldridge 7th Addition, Lot � will have driveway access off Perry Avenue. Lot 2 will have driveway access off Triton Drive. City of Golden Valley Right-of-Way Permits will be required to construct driveway aprons for each lot. Water and sewer for Lot 1 will be provided by services that were constructed in Perry Avenue, as part of the 3rd Addition. Lot 2 will utilize existing services on Triton Drive. The plans for Eldridge 7tn Addition must show watermain service to each proposed home on a Utility Plan. Compliance with Golden Valley's Inflow& Infiltration Ordinance for both lots must be obtained before Certificates of Occupancy can be issued. Lot 1 will need an inspection after construction of the home is complete. The developer signed an Escrow Agreement and paid a security deposit of $4,375, when he purchased 4824 Triton. The deposit will be returned once new home construction on Lot 2 is camplete and the sanitary service passes inspection. G:\Developments-Private\Eldridge 3rd Add PUD 109\Minor Subd_Minor PUD Amend_rev_Dec112013.docx The proposed PUD and Subdivision are within the Main Stem sub-watershed of the Bassett Creek Watershed. This project does not meet the threshold for review by the Bassett Creek Watershed Management Commission. However, rate control and water quality requirements for the two new Iots were satisfied by the stormwater pond constructed as part of Eldridge 3�d Addition. Each lot of Eldridge 7th Addition will be custom-graded at the time of home construction. The developer will be required to obtain City of Golden Valley Stormwater Management Permits for each lot. Existing drainage and utility easements must be vacated as part of this development. The City will initiate the easement vacation process and provide all public notices and notification letters. As part of this process, the developer must provide exhibits to the City showing the existing easements to be vacated and the proposed final plat. The developer must submit legal descriptions of easements to be vacated. The developer must complete an application for easement vacation at the time the final plat is submitted. Specifically, the easement covering Outlot A of Eldridge 3rd Addition must be vacated and the easements in Woodlawn Park Lot 5 (which is the property at 4824 Triton Drive), must also be vacated. The City's Subdivision Ordinance requires 10-foot drainage and utility easements on all plat boundaries and 12-foot easements centered on all interior Iot lines. The final plat for this development must include easements on all property lines, consistent with the City's Subdivision Ordinance. The original Eldridge 3`d Addition was a two-phase development. A Tree Preservation Permit was required for Phase 1 which included initial site grading, as well as road and utility installation. This Phase 1 permit required tree replacements to be planted throughout the 3�d Addition, Lots 1 through 5. In Phase 2, the developer was required to acquire individual Tree Preservation Permits for each of the five lots in Eldridge 3rd Addition. These permits identify tree protection and mitigation, if additional trees are to be removed when the homes are built. A Phase 1 Tree Preservation Permit will not be necessary for the Eldridge 7th Addition develop- ment project. However, both of the Eldridge 7th Addition lots will require an individual Tree Preservation Permit prior to construction. The Final PUD Plan Review memo for Eldridge 3rd Addition, dated August 22, 2012, stipulated that the owner of Lot 5 would be required to sign an agreement to maintain Outlot A. This agreement was never created or signed. Since the outlot will be incorporated into the lots of Eldridge 7tn Addition, this agreement is no longer necessary. Public Works staff recommends approval of the proposed Eldridge 3rd Addition minor PUp Amendment and Eldridge 7th Addition minor Subdivision, subject to the comments contained in this review and subject to the comments of other City staff and other agencies. C: Jeannine Clancy, Director of Public Works Mark Kuhnly, Chief of Fire and Inspections AI Lundstrom, Parks Maintenance Supervisor and City Forester Gary Johnson, Building Official John Crelly, Deputy Fire Chief . _ ... _. , .,.. __� ._ .� �, _,u - _: ., _�. , ._..-:, _ . . ..�e .�_r -- r._ _..._.._. �s � � _ __ � _ _. ___. .. � � _ _ . . _ � � ��� � � : ,��� ���` '���e =���_; 0 ` �� PUD #109 � � �� (5 Lots) �� �3139� �`. �' 3142 3124 �„� �k � � • � �. �:a, l � � � �3125� 312� � • � �� .� .,.. �_�--.,. ~�^---ti„__,.,_ ��c..� --- 311 5 ��� �� � 3115 ° �� � • �., `t � "�a�-,,i;f. j .�,.,° � ^'^"",..-_^_ �i'�u"�.,r;�,«� k <'�.' � v: L�4V24}I,��°��:`, Aa�$�s� .0 °'---�• ��< � � ;; + �� ` � � � �� � � � � ��' � � 310i �; �._. � � x , �� T� A910 �'�� . 9920 � � ���`� ; + � +���.�°��"��.�,��, � {" � , � ��`�i„.�,�-� ' � � � ! � � � _-�,--"'"'"'i � __`..-..^"''- _'�*, _.✓ L � , y .. .. . �. .. � . � ... .. . �� � . � .... }4 ��� � OUtIOt A (Remove from PUD #109) Eldridge 3rd Addition P.U.D. No. 109 City Council Approval: September 19, 2012 Amendment #1 City Council Approval: December 17, 2013 City of Golden Valley, Minnesota Use Permit for Planned Unit Development Project Name: Eldridge 3rd Addition P.U.D. No. 109 Location: 4900 Triton Drive, Golden Valley, Minnesota Legal Description: Lots 1-5, Block 1 Eldridge 3�d Addition P.U.D. No. 109 Applicant: A.K.A.R.E. Companies LLC Address: 4820 West 77th Street, Suite 125, Edina, MN 55435 Owner: 15400 Highway 7, LLC Address: 15400 Highway 7, Minnetonka, MN 55345 Zoning District: Single Family Residential (R-1) Permitted Uses: The PUD Permit allows for the construction of five single-family residential homes Components: A. Land Use 1. The Final PUD packet for PUD No. 109 prepared by Terra Engineering and dated March 13, 2012 shall become a part of this approval. 2. A model home may be constructed prior to completion of the street if it is approved by the Building Official and Director of Inspections. 3. 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. 4. A park dedication fee in the amount of$2,800 shall be paid prior to final plat approval. Eldridge 3�d Addition P.U.D. No. 109, Amendment #1 Page 2 5. Amendment#1 allows Outlot A to be removed from this PUD in order to add it to the Eldridge 7th Addition subdivision. B. Construction 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 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. 3. None of the homes within the PUD shall exceed 28 ft. in height. 4. All signs on the property must meet the requirements of the City's sign code. C. Grading, Utilities, Access and Other Engineering Issues 1. 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. D. Subdivision 1. Proof of filing of the plat shall take the form of a certified copy of the fully recorded plat, or a receipt from the County specifically noting that the applicant has paid for such a copy to be sent to the City when it becomes available. It is hereby understood and agreed that this P.U.D. Permit is a part of the City Council approvals granted on September 19, 2012 and December 17, 2013. Any changes to the PUD Permit for the Eldridge 3rd Addition P.U.D. No. 109 shall require an amendment. Eldridge 3�d Addition P.U.D. No. 109, Amendment #1 Page 3 A.K.A.R.E. Companies, LLC Witness: By: Title: Date: CITY OF GOLDEN VALLEY Witness: By: Shepard M. Harris, Mayor Date: Witness: By: Thomas D. Burt, City Manager Date: Warning: This permit is subject to all other state, federal, and local ordinances, regulations, or laws with authority over this development. ���� �� i � Planning Deparfiment 763-593-8095/763-593 8109(fax) Executive Summary For Action Golden Valley City Council Meeting December 17, 2013 "60 Days" Deadline:January 19, 2014 Agenda Item 6. D. Authorization to Sign Amended PUD Permit- MINI Cooper PUD No. 63 -Amendment No. 3 Prepared By Mark W. Grimes, Community Development Director Summary Minneapolis Motor Sports is leasing the former Saturn car dealership building at 801 Louisiana Avenue South. The building occupies Lot 2, Block 1 of MINI Cooper PUD No. 63. The existing PUD Permit for this property states that the use will be for an auto dealership and that a PUD amendment would be required for any other use. Minneapolis Motor Sports is the owner of St. Boni Motor Sports in St. Bonifacius, Minnesota. They would like to open a second location in the Saturn building selling and servicing new and used motorcycles, ATVS, snowmobiles, personal watercraft, and other off road recreational vehicles. They would also sell parts. For more information about St. Boni Motor Sports, please go to http;f/www.stbanimators�orts.com, PUD No. 63 was adopted by the City Council in 1993 with two amendments approved in 1995 and 2013. The amendment in 2013 allowed for the MINI Cooper construction and the reduction in lots with the PUD from four to three. Within PUD No. 63,the northwest lot is for the existing auto body shop and the remaining two lots for the MINI Cooper dealership and the former Saturn dealership site. Because these properties are guided by a PUD, all development within the property must be consistent with the PUD Permit and the plans attached to the PUD Permit. The current PUD Permits states that the southwest lot formally used by the Saturn dealership would be for only car sales. Therefore,the PUD Permit must be amended to allow for Minneapolis Motor Sports to sell a variety of recreational vehicles. No change to the building footprint or site is planned by Minneapolis Motor Sports. As stated in their application, there will be no outside storage of products they are selling. All items would have to be stored within the facility. Staff has determined that the proposed amendment may be considered as a minor amendment to the PUD. In order to qualify as a minor amendment, the minor amendment has to meet an eight point test. The proposed amendment meets the test. The proposed minor amendment shall not: 1. Eliminate, diminish or be disruptive to the preservation and protection of sensitive site features. 2. Eliminate, diminish or compromise the high quality of site planning, design, landscaping or building materials. 3. Alter significantly the location of buildings, parking areas or roads. 4. Increase or decrease the number of residential dwelling units by more than five percent. 5. Increase the gross floor area of non-residential buildings by more than three percent or increase the gross floor area of any individual building by more than five percent. 6. Increase the number of stories of any building. 7. Decrease the amount of open space by more than three percent or alter it in such a way as to changes its original design or intended function or use. 8. Create non-compliance with any special condition attached to the approval of the Final PUD Plan. The City Council has the right to approve the amendment by a simple majority vote without a public hearing or to refer the matter to the Planning Commission for their input and recommendation. Because of the minor impact of this proposal, staff does not think it necessary to have Planning Commission or public input. Attachments • Location Map (1 page) • Underlined/Overstruck PUD Permit for PUD No 63, Amendment#3 (3 pages) • Survey of Property (1 page) Recommended Action Motion to authorize the Mayor and City Manager to sign the amended PUD Permit for MINI Cooper PUD No. 63, Amendment No. 3 to allow for the sales (including parts and accessories) and service of new and used motorcycles, ATVS, snowmobiles, personal watercraft and other similar off road vehicles subject to the following conditions: 1. There shall be no outside storage or display of product. 2. There shall be no "test driving" of products on the property or on the public right-of-way. � �=Cotor�i:�i Rc� � �� �� �� � - ' '""" � � � �.."'",-.-'-"�,,,-�.�, � £'��`�l �t?{� � � , `t � �� �E3S�f�lt?�-1�fl7it�; � ..� d . � � � � �. � � � ,-' � �,;.�---_:::.-' -� LaU1e1 AV�Gr8% "` � Subject Property: ��,- ��,,,��Ad� F 801 Louisiana .� ,P q . � � + a' � � � > � cMarketSt � a � » � � a .., � x`' a_ <; � � � �� �� ..�. `'"".----'�'----�.: �� �r�:arstr�te N+�,y:��� � Iriteratate hwy 3�A ��"�" 'tti��a���w�a�N�n�pww�r.��w��irrua�a��«��rw��nr�.�n .. �wu�n�w��w�r�n��nw���r�wu�dt�n�i�w���a�i�' --"�..�..__ � %�. . . . ` . . � ----------.,...,....._e.. / �.�e � ST. �.QUIS PAR � _� _�, � ; Saturn Addition P.U.D. No. 63 City Council Approval: September 21, 1993 Amendment #1 City Council Approval: April 18, 1995 Amendment#2 City Council Approval: April 3, 2013 Amendment#3 City Council Approval: December 17, 2013 City of Golden Valley, Minnesota Use Permit for Planned Unit Development Project Name: MINI Cooper P.U.D. No. 63 Location: Area bounded by Louisiana Avenue on the west, Laurel Avenue on the north and Market Street on the south Legal Description: Lots 1, 2 and 3, Block, 1 MINI Cooper P.U.D. No. 63 Applicant: UAG Minneapolis B1, LLC, a Delaware limited liability company Address: 2555 Telegraph Road, Bloomfield Hills, MI 48302 Owner: Jim Lupient Company, Inc. Address: 7100 Wayzata Blvd, Minneapolis, MN 55426 Zoning District: I-394 Mixed Use Permitted Uses: The P.U.D. Permit allows for the three parcels to be used for two auto dealerships and one auto reconditioning center (body shop) Components: A. Land Use Component 1. The plans prepared for Amendment No. 2 by BKBM Engineers dated February 5, 2013, submitted with the application shall become part of this approval. 2. The recommendations and requirements outlined in the memo from Fire Chief Mark Kuhnly to Mark Grimes, Director of Planning and Development dated March 4, 2013, regarding Amendment No. 2 shall become part of this approval. 3. The recommendations and requirements outlined in the memo from City Engineer Jeff Oliver to Mark Grimes, Director of Planning and Development, dated March 4, 2013, regarding Amendment No. 2 shall become a part of this approval. 4. The buildings on Lots 1 and 2 shall be for auto sales and limited auto service. The building on Lofi 3 shall be used for auto reconditioning (body shop). Uses other than specified above shall require an amendment to this amended (No. 2) P.U.D. No. 63 Permit. MINI Cooper P.U.D. No. 63 (Amendment No. 3) Page 2 5. The building plans for the auto reconditioning (body shop) building are shown on the attached building plan dated 1/21/95. (Note: the Saturn building was constructed as part of the originaf P.U.D. The auto reconditioning building was built as part of the original P.U.D. and was expanded as part of Amendment No. 1.) 6. The Chief of Fire and Inspections shall have the right to modify the lighting plans. The main parking lot lighting shall be turned off between the hours o# 10 pm and 6 am. Security lighting, approved by the Chief of Fire and Inspections, shall be permitted. 7. All signs shall meet the requirements of the City's sign code. 8. There shall be no hardscape vehicle display areas within the front yard setback areas. 9. The second level parking area in the auto reconditioning center permitted by amendment No. 1 shall not be converted to work space and shall only be used for the parking of vehicles waiting for service. The stacks on the auto reconditioning center facing Laurel Avenue shall be screened prior to a "Certificate of Occupancy" being granted to the auto reconditioning center addition. 10. Amendment 3 allows for the sales (includinq parts and accessories) and service of new and used motorcycles, ATVS, snowmobiles, personal watercraft and other similar off road vehicles subject to the followinq conditions: there shall be no_outside storaqe or display of product, there shall be no "test driving" of products on the property or on the public riqht-of-wa� B. Circulation Component 1. Access drives and parking shall be constructed as per the site plan prepared for Amendment No. 2 by BKBM Engineers dated February 5, 2013. C. Subdivision 1. The final plat of MINI Cooper P.U.D. No. 63 shal( be filed with Hennepin County. Proof of such filing shall be given to the City. D. Services and Facilities 1. The grading and utility plans dated 1/23/95 and prepared by RLK Associates and the plans prepared for Amendment No. 2 by BKBM Engineers dated February 5, 2013 shall become part of this permit. Any changes to the plan shall be approved by the City Engineer. 2. The drainage plan shall be approved by the Bassett Creek Water Management Organization prior to issuance of any building permits. 3. Sewer and water service connections shall conform to the City's utility standards. MINI Cooper P.U.D. No. 63 (Amendment No. 3) Page 3 4. Jim Lupient Oldsmobile Company has received a permit from the U.S. Army Corps of Engineers to construct on this site and applicant agrees to any conditions placed on development of this site by the U.S. Army Corps of Engineers. 5. The use of an outdoor loudspeaker system shall not be allowed. 6. The hours of operation shall be from 6 am to 10 pm. 7. Exterior bicycle parking shall be added to the northeast corner of the MINI Cooper building. 8. The applicant shall store snow in accordance with the snow storage areas indicated on the Site Plan, It is hereby understood and agreed that this Use Permit is a part of the City Council approval granted on September 21, 1993, April 18, 1995, April 3, 2013 and December 17, 2013. Any changes to this PUD Permit shall require an additional amendment. UAG MINNEAPOLIS B1, LLC Witness: By: Title: Date: CITY OF GOLDEN VALLEY Witness: By: Shepard M. Harris, Mayor Date: Witness: By: Thomas D. Burt, City Manager Date: Warning: This permit is subject to all other state, federal, and local ordinances, regulations, or laws with authority over this development. _ ���8a' j �a�3 .S - = E - _ 6� o°_ O 6��� . .. ,. �iaas � !��E 's�a o „� - - i - � - �y� {iF3 w E s � -; �t R �{-� i° - -� - _ " � '� - - ° � ��� a�a . 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A ��9 ;�� H§$ , '�Q - eB �'...�m � e ( ;g'� ��'�'y�-�_� � ��-�_� a ��i=3 �• �� ' I .� Q � g' Ss`� g� `� \' I I ���,� k � � � ��•�/� � ��� � \�a: � ��ei I v 1 t � 1V' 6pa:O� i.�..��__ _ � B I• ~ � ____s_ "� � I � I = 3: � U S ����' (7'� � �(���,,,r ����'� � � �� �' ��. ��� Fire Departrnent 763-593-80791763-593-8098(fax} Executive Summary For Action Golden Valley City Council Meeting December 17, 2013 Agenda Item 6. E. First Consideration - Ordinance #514-Amendment to Section 10:23: Fire Protection (Recreationa) Fires) Prepared By Mark Kuhnly, Fire Chief John Crelly, Deputy Fire Chief Summary At the November 12, 2013 Council/Manager meeting, staff presented suggested changes to Section 10.23 of City Code, regulating fire protection. The underlined/overstruck version reflect the changes discussed at the Council/Manager meeting. The changes are summarized as follows: ^' Requiring recreational fires and portable outdoor fireplaces with wire mesh screens shall remain a safe distance from any structure or combustible materials and 10 feet from any property line. � Requiring that "Recreational Fires" are not permitted during Air Quality Alerts issued by the Minnesota Pollution Control Agency with an index rating of 101 or more. Attachments City Code Section 10.23: Fire Protection, underlined/overstruck version (3 pages) City Code Section 10.23: Fire Protection, clean version (3 pages) Ordinance#514, Deleting and Replacing in its Entirety Section 10.23: Fire Protection (4 pages) Recommended Action Motion to adopt on first consideration, Ordinance#514, Deleting and Replacing in its Entirety Section 10.23: Fire Protection. § 10.23 Section 10.23: Fire Protection Subdivision 1. Definitions A. Open Burning: The burning of materials wherein products of combustion are emitted directly into the ambient are without passing through a stack or chimney from an enclosed chambers. Open Burning does not include road flares, smudgepots and similar devices associated with safety or occupational uses typically considered open flames, Recreational Fires or use of Portable Outdoor Fireplaces. For the purpose of this definition, a chamber shall be regarded as enclosed when, during the time combustion occurs, only apertures, ducts, stacks, flues or chimneys necessary to provide combustion air and permit the escape of exhaust gas are open. B. Wood: Dry, clean fuel only such as twigs, branches, limbs, synthetic logs designed for burning, charcoal, cordwood, or untreated dimensional lumber. Wood does not include wood that is green, with leaves or needles, rotten, wet, oil soaked, or treated with paint, glue, or preservatives. C. Portable Outdoor Fireplace: A commercially purchased portable, outdoor, wood burning fireplace that may be constructed of steel, concrete, clay or other non-combustible material. A Portable Outdoor Fireplace may be open in design or may be equipped with a small hearth opening and a short chimney or chimney opening at the top. This includes chimineas, portable fire pits and bowls. D. Outdoor Fireplace: A fireplace built outdoors as defined by the Minnesota State Building Code; requires a building permit prior to installation, but does not require a Recreational Fire Permit. E. Responsible Person: A person over the age of eighteen (18) who is knowledgeable in use of fire extinguishing equipment. F. Recreational Fire: An outdoor fire, burning materials other than rubbish or debris, where the fuel being burned has a total fuel area of three (3) feet or less in diameter and three (3) feet or less in height for pleasure, religious, ceremonial, cooking, warmth or similar purposes. This includes Portable Outdoor Fireplaces, in-ground and above ground pits and fire rings. G. Recreational Fire Permit: A permit, issued by the City Manager or designee, for the purpose of starting a Recreational Fire. H. Structure: Is that which is built or constructed, an edifice or building of any kind. Golden Valley City Code Page 1 of 3 § 10.23 Subdivision 2. Negligent Fires To conduct fires under this Section does not excuse a person from the consequences, damages, or injuries which may result therefrom nor does it exempt any person from regulations promulgated by the City, Minnesota Pollution Control Agency or any other governmental unit exercising jurisdiction in matters of pollution or fire hazard regulation. Subdivision 3. Open Burning A. No Open Burning shall be permitted within the municipal boundary of the City, except as specifically provided in this Section. B. Open Burning is not allowed for the purpose of thawing frozen ground or for maintaining interior structure temperature in connection with construction projects. C. Limited to the following, any fires under managed supervision for which a burning permit has been obtained from any State or Federal agency: 1. Fires purposely set for the instruction and training of public and industrial firefighting personnel; 2. Fires set for the elimination of a structure/fire hazard which cannot be abated by any other practicable means; and 3. Fires purposely set for forest, game, or grassland management purposes. D. The permit holder shall notify the City Manager or designee prior to any Open Burning. E. At the discretion of the City Manager or designee, any Open Burning fire not adhering to the above regulations, or that poses a dangerous condition shall be considered a public nuisance and shall be immediately extinguished. Any person or persons who fail to comply with these conditions shall be in violation of this Section. Subdivision 4. Recreational Fires A Recreational Fire Permit, provided by the City Manager or designee, shall be required prior to starting any Recreational Fire. Recreational Fire Permits shall be valid for a period of one (1) calendar year and shall expire yearly on December 31. Such fires shall adhere to the following regulations at all times: A. Recreational Fires shall be constantly attended by a Responsible Person until extinguished. During the time a Recreational Fire is burning, the Recreational Fire Permit must be available upon request by the City Manager or designee. Golden Valley City Code Page 2 of 3 § 10.23 B. Recreational Fires shall not be used for the disposal of yard waste, construction materials, or common household trash. Fuel for Recreational Fires shall only be that of clean wood. C. No Recreational Fire shall be allowed if wind speeds exceed ten (10) miles per hour. D. Flames from a Recreational Fire shall not exceed three (3) feet in height as measured from the base of the fire and three (3) feet in diameter. E. Recreational Fires shall remain a safe distance from any Structure or combustible materials and ten (10) feet from any property line. Portable Outdoor Fireplaces with wire mesh screens shall remain a safe distance from any Structure or combustible material and ten (10) feet from any property line. F. Conditions which could cause a fire to spread within a safe distance ��- of a Structure shall be eliminated before starting the fire. G. A minimum of one (1) portable fire extinguisher with a minimum 4-A rating or other approved on-site fire extinguishing equipment, dirt, sand or garden hose readily available at all times until the fire is extinguished. H. When prohibited by action of any state or federal agency, Recreational Fires shall not be permitted. I. Recreational Fires shall not be permitted if the Minnesota Pollution Control Agency issues an air quality alert with an index ratinq of 101 or more, which is deemed unhealthy for sensitive groups. J. At the discretion of the City Manager or designee, any Recreational Fire not adhering to the above regulations, or that poses a dangerous condition shall be considered a public nuisance and shall be immediately extinguished. Any person or persons who fail to comply with these conditions shall be in violation of this Section. K. Recreational Fire Permits shall only be issued to Responsible Persons. Subdivision 5. Revocation Violation of any provisions of this Section shall result in the revocation of any Recreational Fire Permits for a period of one (1) year. Golden Valley City Code Page 3 of 3 § 10.23 Section 10.23: Fire Protection Subdivision 1. Definitions A. Open Burning: The burning of materials wherein products of combustion are emitted directly into the ambient are without passing through a stack or chimney from an enclosed chambers. Open Burning does not include road flares, smudgepots and similar devices associated with safety or occupational uses typically considered open flames, Recreational Fires or use of Portable Outdoor Fireplaces. For the purpose of this definition, a chamber shall be regarded as enclosed when, during the time combustion occurs, only apertures, ducts, stacks, flues or chimneys necessary to provide combustion air and permit the escape of exhaust gas are open. B. Wood: Dry, clean fuel only such as twigs, branches, limbs, synthetic logs designed for burning, charcoal, cordwood, or untreated dimensional lumber. Wood does not include wood that is green, with leaves or needles, rotten, wet, oil soaked, or treated with paint, glue, or preservatives. C. Portable Outdoor Fireplace: A commercially purchased portable, outdoor, wood burning fireplace that may be constructed of steel, concrete, clay or other non-combustible material. A Portable Outdoor Fireplace may be open in design or may be equipped with a small hearth opening and a short chimney or chimney opening at the top. This includes chimineas, portable fire pits and bowls. D. Outdoor Fireplace: A fireplace built outdoors as defined by the Minnesota State Buiiding Code; requires a building permit prior to installation, but does not require a Recreational Fire Permit. E. Responsible Person: A person over the age of eighteen (18) who is knowledgeable in use of fire extinguishing equipment. F. Recreational Fire: An outdoor fire, burning materials other than rubbish or debris, where the fuel being burned has a total fuel area of three (3) feet or less in diameter and three (3) feet or less in height for pleasure, religious, ceremonial, cooking, warmth or similar purposes. This includes Portable Outdoor Fireplaces, in-ground and above ground pits and fire rings. G. Recreational Fire Permit: A permit, issued by the City Manager or designee, for the purpose of starting a Recreational Fire. H. Structure: Is that which is built or constructed, an edifice or building of any kind. Golden Valley City Code Page 1 of 3 § 10.23 Subdivision 2. Negligent Fires To conduct fires under this Section does not excuse a person from the consequences, damages, or injuries which may result therefrom nor does it exempt any person from regulations promulgated by the City, Minnesota Pollution Control Agency or any other governmental unit exercising jurisdiction in matters of pollution or fire hazard regulation. Subdivision 3. Open Burning A. No Open Burning shall be permitted within the municipal boundary of the City, except as specifically provided in this Section. B. Open Burning is not allowed for the purpose of thawing frozen ground or for maintaining interior structure temperature in connection with construction projects. C. Limited to the following, any fires under managed supervision for which a burning permit has been obtained from any State or Federal agency: 1. Fires purposely set for the instruction and training of public and industrial firefighting personnel; 2. Fires set for the elimination of a structure/fire hazard which cannot be abated by any other practicable means; and 3. Fires purposely set for forest, game, or grassland management purposes. D. The permit holder shall notify the City Manager or designee prior to any Open Burning. E. At the discretion of the City Manager or designee, any Open Burning fire not adhering to the above regulations, or that poses a dangerous condition shall be considered a public nuisance and shall be immediately extinguished. Any person or persons who fail to comply with these conditions shall be in violation of this Section. Subdivision 4. Recreational Fires A Recreational Fire Permit, provided by the City Manager or designee, shall be required prior to starting any Recreational Fire. Recreational Fire Permits shall be valid for a period of one (1) calendar year and shall expire yearly on December 31. Such fires shall adhere to the following regulations at all times: A. Recreational Fires shall be constantly attended by a Responsible Person until extinguished. During the time a Recreational Fire is burning, the Recreational Fire Permit must be available upon request by the City Manager or designee. Golden Valley City Code Page 2 of 3 § 10.23 B. Recreational Fires shall not be used for the disposal of yard waste, construction materials, or common household trash. Fuel for Recreational Fires shall only be that of clean wood. C. No Recreational Fire shall be allowed if wind speeds exceed ten (10) miles per hour. D. Flames from a Recreational Fire shall not exceed three (3) feet in height as measured from the base of the fire and three (3) feet in diameter. E. Recreational Fires shall remain a safe distance from any Structure or combustible materials and ten (10) feet from any property line. Portable Outdoor Fireplaces with wire mesh screens shall remain a safe distance from any Structure or combustible material and ten (10) feet from any property line. F. Conditions which could cause a fire to spread within a safe distance of a Structure shall be eliminated before starting the fire. G. A minimum of one (1) portable fire extinguisher with a minimum 4-A rating or other approved on-site fire extinguishing equipment, dirt, sand or garden hose readily available at all times until the fire is extinguished. H. When prohibited by action of any state or federal agency, Recreational Fires shall not be permitted. I. Recreational Fires shall not be permitted if the Minnesota Pollution Control Agency issues an air quality alert with an index rating of 101 or more, which is deemed unhealthy for sensitive groups. J. At the discretion of the City Manager or designee, any Recreational Fire not adhering to the above regulations, or that poses a dangerous condition shall be considered a public nuisance and shall be immediately extinguished. Any person or persons who fail to comply with these conditions shall be in violation of this Section. K. Recreational Fire Permits shall only be issued to Responsible Persons. Subdivision 5. Revocation Violation of any provisions of this Section shall result in the revocation of any Recreational Fire Permits for a period of one (1) year. Golden Valley City Code Page 3 of 3 ORDINANCE NO. 514, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Deleting and Replacing in its Entirety Section 10:23: Fire Protection The City Council for the City of Golden Valley hereby ordains as follows: Section 1. The City Code in Chapter 10 is hereby amended by deleting and replacing in its entirety Section 10.23: Fire Protection as follows: Section 10.23: Fire Protection Subdivision 1. Definitions A. Open Burning: The burning of materials wherein products of combustion are emitted directly into the ambient are without passing through a stack or chimney from an enclosed chambers. Open Burning does not include road flares, smudgepots and similar devices associated with safety or occupational uses typically considered open flames, Recreational Fires or use of Portable Outdoor Fireplaces. For the purpose of this definition, a chamber shall be regarded as enclosed when, during the time combustion occurs, only apertures, ducts, stacks, flues or chimneys necessary to provide combustion air and permit the escape of exhaust gas are open. B. Wood: Dry, clean fuel only such as twigs, branches, limbs, synthetic logs designed for burning, charcoal, cordwood, or untreated dimensional lumber. Wood does not include wood that is green, with leaves or needles, rotten, wet, oil soaked, or treated with paint, glue, or preservatives. C. Portable Outdoor Fireplace: A commercially purchased portable, outdoor, wood burning fireplace that may be constructed of steel, concrete, clay or other non-combustible material. A Portable Outdoor Fireplace may be open in design or may be equipped with a small hearth opening and a short chimney or chimney opening at the top. This includes chimineas, portable fire pits and bowls. D. Outdoor Fireplace: A fireplace built outdoors as defined by the Minnesota State Building Code; requires a building permit prior to installation, but does not require a Recreational Fire Permit. E. Responsible Person: A person over the age of eighteen (18) who is knowledgeable in use of fire extinguishing equipment. F. Recreational Fire: An outdoor fire, burning materials other than rubbish or debris, where the fuel being burned has a total fuel area of three (3) feet or less in diameter and three (3) feet or less in height for pleasure, religious, ceremonial, cooking, warmth or similar purposes. This includes Portable Outdoor Fireplaces, in-ground and above ground pits and fire rings. G. Recreational Fire Permit: A permit, issued by the City Manager or designee, for the purpose of starting a Recreational Fire. H. Structure: Is that which is built or constructed, an edifice or building of any kind. Subdivision 2. Negligent Fires To conduct fires under this Section does not excuse a person from the consequences, damages, or injuries which may result therefrom nor does it exempt any person from regulations promulgated by the City, Minnesota Pollution Control Agency or any other governmental unit exercising jurisdiction in matters of pollution or fire hazard regulation. Subdivision 3. Open Burning A. No Open Burning shall be permitted within the municipal boundary of the City, except as specifically provided in this Section. B. Open Burning is not allowed for the purpose of thawing frozen ground or for maintaining interior structure temperature in connection with construction projects. C. Limited to the following, any fires under managed supervision for which a burning permit has been obtained from any State or Federal agency: 1. Fires purposely set for the instruction and training of public and industrial firefighting personnel; 2. Fires set for the elimination of a structure/fire hazard which cannot be abated by any other practicable means; and 3. Fires purposely set for forest, game, or grassland management purposes. D. The permit holder shall notify the City Manager or designee prior to any Open Burning. E. At the discretion of the City Manager or designee, any Open Burning fire not adhering to the above regulations, or that poses a dangerous condition shall be considered a public nuisance and shall be immediately extinguished. Any person or persons who fail to comply with these conditions shall be in violation of this Section. Subdivision 4. Recreational Fires A Recreational Fire Permit, provided by the City Manager or designee, shall be required prior to starting any Recreational Fire. Recreational Fire Permits shall be valid for a period of one (1) calendar year and shall expire yearly on December 31. Such fires shall adhere to the following regulations at all times: A. Recreational Fires shall be constantly attended by a Responsible Person until extinguished. During the time a Recreational Fire is burning, the Recreational Fire Permit must be available upon request by the City Manager or designee. B. Recreational Fires shall not be used for the disposal of yard waste, construction materials, or common household trash. Fuel for Recreational Fires shall only be that of clean wood. C. No Recreational Fire shall be allowed if wind speeds exceed ten (10) miles per hour. D. Flames from a Recreational Fire shall not exceed three (3) feet in height as measured from the base of the fire and three (3) feet in diameter. E. Recreational Fires shall remain a safe distance from any Structure or combustible materials and ten (10) feet from any property line. Portable Outdoor Fireplaces with wire mesh screens shall remain a safe distance from any Structure or combustible material and ten (10) feet from any property line. F. Conditions which could cause a fire to spread within a safe distance of a Structure shall be eliminated before starting the fire. G. A minimum of one (1) portable fire extinguisher with a minimum 4-A rating or other approved on-site fire extinguishing equipment, dirt, sand or garden hose readily available at all times until the fire is extinguished. H. When prohibited by action of any state or federal agency, Recreational Fires shall not be permitted. I. Recreational Fires shall not be permitted if the Minnesota Pollution Control Agency issues an air quality alert with an index rating of 101 or more, which is deemed unhealthy for sensitive groups. J. At the discretion of the City Manager or designee, any Recreational Fire not adhering to the above regulations, or that poses a dangerous condition shall be considered a public nuisance and shall be immediately extinguished. Any person or persons who fail to comply with these conditions shall be in violation of this Section. K. Recreational Fire Permits shall only be issued to Responsible Persons. Subdivision 5. Revocation Violation of any provisions of this Section shall result in the revocation of any Recreational Fire Permits for a period of one (1) year. Section 2. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 10.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 3. This Ordinance shall take effect from and after its passage and pubiication as required by law. Adopted by the City Council this 7th day of January, 2014. /s/Shepard M. Harris Shepard M. Harris, Mayor ATTEST: /s/Susan M. Virniq Susan M. Virnig, City Clerk