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04-01-14 CC Agenda Packet (entire) AGENDA Regular Meeting of the City Council Golden Valley City Hall 7800 Golden Valley Road Council Chamber April 1, 2014 6:30 pm The Council may consider item numbers 1, 2, 3, 5 and 6 prior to the public hearin�s scheduled at 7 pm 1. CALL TO ORDER PAGES A. Roll Call B. Pledge of Allegiance C. Presentation of Certificate of Recognition: Katie Longar 3 D. Support for Quad Cities Beyond the Yellow Ribbon Project 14-27 4-5 2. ADDITIONS AND CORRECTIONS TO AGENDA 3. CONSENT AGENDA Approval of Consent Agenda - All items listed under this heading are considered to be routine by the City Council and will be enacted by one motion. There will be no discussion of these items unless a Council Member or citizen so requests in which event the item will be removed from the general order of business and considered in its normal sequence on the agenda. A. Approval of Minutes - City Council Meeting - March 18, 2014 6-13 B. Approval of Check Register: 1. City 14 2. Housing and Redevelopment Authority 15 C. Licenses: 1. General Business Licenses 16-17 2. Solicitor's License - Custom Remodeler's Inc. 18-20 D. Minutes of Boards and Commissions: 1. Planning Commission - March 10, 2014 21-25 2. Board of Zoning Appeals - January 28, 2014 26-35 3. Environmental Commission - February 24, 2014 36-37 E. Bids and Quotes: 1. Mower- Quotes 38-39 F. Authorization to Sign Agreement with Metropolitan Consortium of Community 40-43 Developers for Open To Business 14-28 G. Authorization to Sign Agreement with Wilson Development Services, LLC for 44-65 Right-of-Way Land Acquisition Services for pouglas Drive Reconstruction Project H. Authorization to Sign Agreements with Ruppert Appraisal & Consultation, Inc. and 66-70 Patchin Messner podd & Brumm for Real Estate Appraisal and Review Services for Douglas Drive Reconstruction Project I. Receipt of February 2014 Financial Reports 71-79 J. Approval of Golden Valley Fire Department Relief Association By-Law Article XI 80-83 Increasing Service Pension Level 14-29 4. PUBLIC HEARINGS 7 PM A. Public Hearing - Ordinance #517 - Final Design Plan Approval - PUD #95 - 84-123 Amendment#2 - Carousel Automobiles (Porsche Dealership) - Twin Cities Automotive d/b/a Golden Valley TCA P., LLC, Applicant B. Public Hearing - Drainage and Utility Easement Vacations - PUD #95 - Plat of 124-129 Carousel Automobiles (9191 and 9393 Wayzata Boulevard) 14-30 5. OLD BUSINESS 6. NEW BUSINESS A. Announcements of Meetings B. Mayor and Council Communications 7. ADJOURNMENT k✓�V y 6.�� '��' '�p�r!. ✓ � Cit A m' ' ' y d. inxstr�atl�n/C�uncil 763-593-8003/763-593-8109(fax) . � w: � . Executive Summary For Action Golden Valley City Council Meeting April 1, 2014 Agenda Item 1. C. Presentation of Certificate of Recognition - Caring Youth Award Recipient- Katie Longar Prepared By Thomas Burt, City Manager Summary The City Council would like to acknowledge and recognize Katie Longar for her outstanding community service. Ms. Longar was honored at this year's Caring Youth Recognition Event for her volunteer work with the Golden Valley Library and North Star Therapy Animals for encouraging school age children to read aloud to canine "good citizens,"thereby promoting the love of reading, the joy of learning and empathy for animals. The Caring Youth Recognition Event salutes young people who have unselfishly involved themselves in a cause or situation benefiting others. Civic and service organizations, schools and faith community members in the Golden Valley, Hopkins and Minnetonka communities nominated the youth. The Caring Youth Recognition event is a collaborative effort among the cities of Golden Valley, Hopkins, and Minnetonka, the Minnetonka and Hopkins school districts, and the Glen Lake Optimists of Minnetonka. 6.l�V 4�� '1��o .s,:,°��!r; J I � � �� City A�min�strati�n/C�uncil 763 593 8003/763-593-8109 f fax) � �� . � _ _. a w,. t. , � Executive Summary For Action Golden Valley City Council Meeting April 1, 2014 Agenda Item 1. D. Support for Quad Cities Beyond the Yellow Ribbon Project Prepared By Thomas Burt, City Manager Summary The City Council for the cities of Crystal, New Hope and Robbinsdale has united to form the Quad Cities Beyond the Yellow Ribbon initiative. Each City is adopting the attached resolution of support in order to achieve the Yellow Ribbon Community official designation. Attachment • Resolution Supporting Quad Cities Beyond the Yellow Ribbon Project (1 page) Recommended Action Motion to adopt Resolution Supporting Quad Cities Beyond the Yellow Ribbon Project. Resolution 14-27 April 1, 2014 Member introduced the following resolution and moved its adoption: RESOLUTION SUPPORTING QUAD CITIES BEYOND THE YELLOW RIBBON PROJECT WHEREAS, the cities of Crystal, Golden Valley, New Hope and Robbinsdale have united to form the Quad Cities Beyond the Yellow Ribbon initiative; and WHEREAS, a Yellow Ribbon community unites key areas within a community to create a nefinrork that connects organizations, resources, and employers to meet the needs of local service members, veterans and military families in Minnesota; and WHEREAS, the outward showing of support enables successful transitions for those affected by military deployments and builds a stronger, more compassionate community; and WHEREAS, the Golden Valley City Council supports the Quad Cities Beyond the Yellow Ribbon initiative and agrees to be an active participant to help the Quad Cities achieve the Yellow Ribbon Community official designation. NOW, THEREFORE, BE IT RESOLVED that the City Council for the City of Golden Valley agrees to support and actively participate in the Quad Cities Beyond the Yellow Ribbon initiative along with the cities of Crystal, New Hope and Robbinsdale. 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. Regular Meeting of the City Council March 18, 2014 Pursuant to due call and notice thereof, a regular meeting of the City Councit of the City of Go�den Valley, Hennepin County, Minnesota was held at 7800 Golden Valley Road in said City on March 18, 2014 at 6:30 pm. The following members were present: Clausen, Fonnest, Harris, Schmidgall and Snope. Also present were: Thomas Burt, City Manager; Jeannine Clancy, Director of Public Works; Allen Barnard, City Attorney; and Judy Nally, Administrative Assistant. Pledqe of Alleqiance The Pledge of Allegiance was recited. Presentation of Certificates of Recoqnition - Robbinsdale Cooper Hiqh School Students - Bailev "Chan" Slettehauqh and Bennett Abide Mayor Harris presented Bailey "Chan" Slettehaugh and Bennett Abide with a Certificate of Recognition for their academic and arts achievements at Cooper High School. The Council congratulated them on their achievement. TwinWest Chamber of Commerce Brad Meier, President, made a brief PowerPoint presentation about the organization. State of the Citv Video Presentation The State of the City video was shown at the end of the meeting. Approval of Aqenda MOVED by Schmidgall, seconded by Clausen and motion carried unanimously to approve the agenda of March 18, 2014 as submitted. Approval of Consent Aqenda MOVED by Snope, seconded by Fonnest and motion carried unanimously to approve the consent agenda of March 18, 2014 as amended: removal of Email from Deb Reisner Regarding Resignation from Human Rights Commission, and Authorization to Sign Agreements - Barr Engineering Company for Long Term Flood Mitigation Plan and Cities of Crystal and New Hope - Phase 2 DeCola Ponds and Medicine Lake Road Flood Mitigation Study. Regular Meeting of the City Council March 18, 2014 Page 2 *Approval of Minutes - Citv Council Meetinq - March 4, 2014 MOVED by Snope, seconded by Fonnest and motion carried unanimously to approve the City Council Meeting minutes of March 4, 2014 as submitted. *Auproval of Check Reqister MOVED by Snope, seconded by Fonnest and motion carried unanimously to approve the City check register as submitted. *General Business Licenses MOVED by Snope, seconded by Fonnest and motion carried unanimously to authorize the issuance of licenses as recommended by staff. *3.2 Liquor License Renewals MOVED by Snope, seconded by Fonnest and motion carried unanimously to to approve the renewal of the respective 3.2 liquor licenses for the applicants listed below for the 2014-2015 license term. Off-Sale Northern Tier Retail, LLC d/b/a SuperAmerica #4497 Northern Tier Retail, LLC d/b/a SuperAmerica #4443 On-Sa/e Davanni's Inc d/b/a Davanni's Pizza Brookview Golf Course *Gamblinq License Exemution and Waiver of Notice Requirement - Fundraisinq Bankers MOVED by Snope, seconded by Fonnest and motion carried unanimously to receive and file the gambling license exemption and approve the waiver of notice requirement Fundraising Bankers. *Minutes of Boards and Commissions MOVED by Snope, seconded by Fonnest and motion carried unanimously to receive and file the minutes as fotlows: Planning Commission - January 13, 2014 Human Services Fund - February 10, 2014 Regular Meeting of the City Council March 18, 2014 Page 3 *Ford Pickup Trucks and Equipment - Quotes MOVED by Snope, seconded by Fonnest and motion carried unanimously to purchase three Ford trucks through the State of Minnesota truck contract 74463 from Midway Ford Commercial Fleet and Government Sales for $84,192. MOVED by Snope, seconded by Fonnest and motion carried unanimously to purchase Reading aluminum utility truck bodies and accessories through the State of Minnesota truck equipment contracts, 73056, 69463, 69069 and 66035 from Aspen Equipment for $47,506. *Concrete Work - Lawn Bowlinq Green at Brookview Golf Course - Quotes MOVED by Snope, seconded by Fonnest and motion carried unanimously to authorize the construction of the sidewalk border and table pads at Brookview Golf Course for the new lawn bowling green from the lowest responsible bidder, Concrete, Etc. for $24,829.20. The quotes were as follows: Concrete, Etc. $24,829.20 Gold Country Construction $27,856.96 *2014 Pavement Manaqement Proqram: Award ContractAuthorization to Siqn Aqreement with SEH, Inc. for Construction Observation and Enqineerinq Services MOVED by Snope, seconded by Fonnest and motion carried unanimously to award the bid for 2014 Pavement Management Program from the lowest responsible bidder, GMH Asphalt Corp. for $2,336,699.19. The bids were as follows: GMH Asphalt Corp. $2,336,699.19 Northwest Asphalt $2,393,045.45 Park Construction Co. $2,406,543.38 Valley Paving, Inc. $2,481,692.10 Palda & Sons, Inc. $2,496,306.51 Forest Lake Contracting, Inc. $2,549,672.15 C.S. McCrossan, Inc. $2,976,314.48 MOVED by Snope, seconded by Fonnest and motion carried unanimously to authorize the Mayor and City Manager to sign the contract with SEH, Inc. for observation, construction, staking, and engineering services for the 2014 Pavement Management Program for an amount not to exceed $195.000. Regular Meeting of the City Council March 18, 2014 Page 4 Email from Deb Reisner Reqardinq Resiqnation from Human Riqhts Commission Council Member Clausen thanked Deb Reisner Turner for her service to the City. MOVED by Clausen, seconded by Snope and motion carried unanimously to receive and file the email from Deb Reisner, dated February 13, 2014, regarding resignation from the Human Rights Commission; and request the Mayor send her a letter of appreciation in recognition for her service to the community. *Consentinq and Approvinq Issuance of Revenue Obliqations bv City of New Hope to Finance Proiect and Authorize the Execution of Cooperative Aqreement - Homeward Bound Member Snope introduced the following resolution and moved its adoption: RESOLUTION 14-22 RESOLUTION CONSENTING TO AND APPROVING THE ISSUANCE BY THE CITY OF NEW HOPE, MINNESOTA OF REVENUE OBLICATIONS TO FINANCE A PROJECT UNDER MINNESOTA STATUTES, SECTIONS 469.152 THROUGH 469.1655, AS AMENDED; APPROVING AND AUTHORIZING THE EXECUTION OF A COOPERATIVE AGREEMENT; AND APPROVING AND AUTHORIZING CERTAIN ACTIONS RELATED THERETO The motion for the adoption of the foregoing resolution was seconded by Member Fonnest and upon a vote being taken thereon, the following voted in favor thereof: Clausen, Fonnest, Harris, Schmidgall and Snope; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and his signature attested by the City Clerk. *Authorization to Siqn Aqreement with SEH. Inc. for Inflow and Infiltration Inspection and Proqram Monitorinq Services MOVED by Snope, seconded by Fonnest and motion carried unanimously to approve the agreement with Short Elliott Hendrickson to provide support for the inflow and infiltration inspection and program monitoring services in the amount of$36,480. Authorization to Siqn Aqreements - Barr Enqineerinp Companv for Lonq Term Flood Mitiqation Plan and Cities of Crvstal and New Hope - Phase 2 DeCola Ponds and Medicine Lake Road Flood Mitiqation Studv Council Member Fonnest had questions about the study and neighborhood notification process. Jeannine Clancy and Jeff Oliver, City Engineer, answered questions from the Council. Regular Meeting of the City Council March 18, 2014 Page 5 Authorization to Sipn Aqreements - Barr Enqineerinq Companv for Lonq Term Flood Mitiqation Plan and Cities of Crvstal and New Hope - Phase 2 DeCola Ponds and Medicine Lake Road Flood Mitiqation Studv MOVED by Fonnest, seconded by Snope and motion carried unanimously to authorize the Mayor and City Manager sign the Cooperative Project Agreement for Phase 2 DeCola Ponds and Medicine Lake Road Area Flood Mitigation Study with the Cities of Crystal and New Hope. MOVED by Fonnest, seconded by Snope and motion carried unanimously to authorize the City Manager sign the agreement with Barr Engineering Company for Medicine Lake Road and Winnetka Avenue Area Long Term Flood Mitigation Plan engineering services for an amount not to exceed $110,400. *Authorization to Temporarilv Restrict Vehicle Parkinq for Run the Vallev Member Snope introduced the following resolution and moved its adoption: RESOLUTION 14-23 RESOLUTION TEMPORARILY RESTRICTING VEHICLE PARKING FOR RUN THE VALLEY The motion for the adoption of the foregoing resolution was seconded by Member Fonnest and upon a vote being taken thereon, the following voted in favor thereof: Clausen, Fonnest, Harris, Schmidgall and Snope; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and his signature attested by the City Clerk. *Authorization to Temporarilv Restrict Vehicle Parkinq for Walk for Animals Member Snope introduced the following resolution and moved its adoption: RESOLUTION 14-24 RESOLUTION TEMPORARILY RESTRICTING VEHICLE PARKING FOR WALK FOR ANIMALS The motion for the adoption of the foregoing resolution was seconded by Member Fonnest and upon a vote being taken thereon, the following voted in favor thereof: Clausen, Fonnest, Harris, Schmidgall and Snope; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and his signature attested by the City Clerk. Regular Meeting of the City Council March 18, 2014 Page 6 *Approval of Human Riqhts Commission 2014 Revised Work Plan MOVED by Snope, seconded by Fonnest and motion carried unanimously to approve the Human Rights Commission 2014 Revised Work Plan. *Bottineau Liqht Rail Transit (LRT) Planninq Advisorv Committee Appointment MOVED by Snope, seconded by Fonnest and motion carried unanimously to appoint Alison Pence, representing Courage Center, to the Bottineau LRT Planning Advisory Committee. Public Hearinq - Special Assessments - 2014 Pavement Manag,ement Area Sue Virnig, Finance Director, introduced the agenda and answered questions from the Council. Jeff Oliver, City Engineer answered questions from the Council. The Mayor opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. Hearing and seeing no one, the Mayor closed the public hearing. Member Fonnest introduced the following resolution and moved its adoption: RESOLUTION 14-25 RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR VARIOUS PUBLIC IMPROVEMENTS FOR STREETS IN THE 2014 PAVEMENT MANAGEMENT AREA The motion for the adoption of the foregoing resolution was seconded by Member Clausen and upon a vote being taken thereon, the following voted in favor thereof: Clausen, Fonnest, Harris, Schmidgall and Snope; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and his signature attested by the City Clerk. Public Hearinq - Vacation of Portions of Public Allev and Easements - Plats of Sprinq Green South and Reqistered Land Survev No. 106 (Three.Nine.Four) Jeannine Clancy introduced the agenda and answered questions from the Council. Thomas Burt and Allen Barnard answered questions from the Council. The Mayor opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. Regular Meeting of the City Council March 18, 2014 Page 7 Public Hearinq -Vacation of Portions of Public Allev and Easements - Plats of Sprinq Green South and Reqistered Land Survev No. 106 (Three.Nine.Four) Faye Tepo, North Cortlawn, expressed concern for the City that everyone is very excited to build next to the freeways and two years down the road you have got all these people saying it's so noisy here and we want a sound wall, we want to be away from all this traffic, something to keep in mind that if you want to build here you will live with the noise here. The Mayor closed the public hearing. Member Schmidgall introduced the following resolution and moved its adoption: RESOLUTION 14-26 RESOLUTION VACATING PORTIONS OF PUBLIC ALLEY AND UTILITY EASEMENTS IN THE PLATS OF SPRING GREEN SOUTH AND REGISTERED LAND SURVEY NO. 106 The motion for the adoption of the foregoing resolution was seconded by Member Clausen and upon a vote being taken thereon, the following voted in favor thereof: Clausen, Fonnest, Harris, Schmidgall and Snope; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and his signature attested by the City Clerk. Bottineau Transitwav Update Jason Zimmerman, City Planner, updated the Council on the updated the Council on upcoming meetings and events regarding the Bottineau Transitway and answered questions from the Council. Hennepin County will be conducting Bottineau Corridor Transitway Public Meetings to discuss the Draft Environmental Impact Statement. One of the meetings will be held at Golden Valley City Hall on May 7, 2014. Staff is inviting the Planning Commission, Environmental Commission and Open Space and Recreation Commission to attend the May 7 meeting and at some point those commissions will conduct a meeting to take public comments. A report will be then provided to the City Council. MOVED by Fonnest, seconded by Schmidgall and motion carried unanimously to acknowledge the oral report. Regular Meeting of the City Council March 18, 2014 Page 8 Quotes - Geartv Park Plavqround Epuipment Rick Birno, Director of Parks and Recreation, reviewed the plans and answered questions from the Council. Thomas Burt answered questions from the Council. MOVED by Clausen, seconded by Fonnest and motion carried unanimously to authorize the purchase and installation of the Little Tikes playground equipment in natural colors at Gearty Park from the neighborhood selected vendor, Flanagan Sales, Inc. for $50,000. Quotes - Glenview Park Plavqround Eauipment Rick Birno, Director of Parks and Recreation, reviewed the plans and answered questions from the Council. MOVED by Clausen, seconded by Schrnidgall and motion carried unanimously to authorize the purchase and installation of the Burke playground equipment in natural colors at Glenview Park from the neighborhood selected vendor, St. Croix Recreation Company for $50,000. Announcements of Meetinqs Some Council Members may attend the Employee Recognition Event on March 27, 2014 at 9:30 am. The State of the City will be held on March 28, 2014 at 7:30 am. The next City Council meeting is April 1, 2014. Run the Valley is April 12, 2014. Mavor and Council Communications Mayor Harris stated that Pastor Christine Bellefeuifle, Valley of Peace Lutheran Church offered to host a Human Rights Commission event in the future. Ad�ournment MOVED by Snope, seconded by Fonnest and motion carried unanimously to adjourn the meeting at 8:22 pm. Shepard M. Harris, Mayor ATTEST: Judy Nally, Administrative Assistant CI��l '� � Finance Department 763-593-8013/763-593-8109(fax) �r� «, . �t y, . . �� "�,"� � � .� �::�' �;� t= �.. � .o �.. �` ��; p �£� �n .. �. Executive Summary For Action Golden Valley City Council Meeting April 1, 2014 Agenda item 3. B. 1. Approval of City Check Register Prepared By Sue Virnig, Finance Director Summary Approval of the check register for various vendor claims against the City of Golden Valley. Attachments • Document sent via email Recommended Action Motion to authorize the payment of the bills as submitted. &/i'N� 4+J i�f o° +`Y Finance Department 763-593-8013/763-593-8109(fax) a.. , u. � ��.�x� �� = . Executive Summary For Action Golden Valley City Council Meeting April 1, 2014 Agenda Item 3. B. 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. �;2��1 C�� Fire Departmenfi 763-593-8079/763-593-8098{fax) Executive Summary For Action Golden Valley City Council Meeting April 1, 2014 Agenda Item 3. C. 1. General Business Licenses Prepared By Jill Lund, Administrative Assistant Summary As per City Code, some businesses are required to be licensed by the City. Listed below are the License Number, Applicant, License Type and Fee of those who have submitted an application for approval. #7069 Linn Retai) Centers, Inc. Gas Station/6 Dispensers $ 400.00 d/b/a Golden Valley BP 600 Boone Avenue North #7074 Mobile Radio Engineering Gas Station/1 Dispenser $ 75.00 745 Boone Avenue North #7070 Mainline Transportation, Inc. Gas Station/4 Dispensers $ 300.00 835 Decatur Avenue North #7077 Jim Lupient Oldsmobile Gas Station/1 Dispenser $ 75.00 7100 Wayzata Boulevard #7071 Feist Automotive Gas Station/4 Dispensers $ 300.00 1875 Lilac Drive North #7078 Hotiday Stationstores, Inc. Gas Station/5 Dispensers $ 350.00 7925 Wayzata Boulevard #7075 Super America#4443 Gas Station/4 Dispensers $ 300.00 1930 Douglas Drive North #7076 Super America #4497 Gas Station/6 Dispensers $ 400.00 6955 Market Street #7079 Morrie's Cadillac SAAB Gas Station/1 Dispensers $ 75.00 7400 Wayzata Boulevard #7081 Gregg and Jim's Service, Inc. Gas Station/4 Dispensers $ 300.00 1900 Douglas Drive North #7080 Freddie's Petroleum, Inc. Gas Station/4 Dispensers $ 300.00 d/b/a Amstar 9405 Medicine Lake Road #7161 General Mills Gas Station/6 Dispensers $ 400.00 1 General Mills Boulevard #7162 Regency Hospital Gas Station/1 Dispenser $ 75.00 1300 Hidden Lakes Parkway #7163 Golden Valley Country Club Gas Station/2 Dispensers $ 150.00 7001 Golden Valley Road #7164 Theodore Wirth Par 3 Gas Station/2 Dispensers $ 150.00 1313 Theodore Wirth Parkway Recommended Action Motion to authorize the issuance of licenses as recommended by staff. �� i;;::, . . . . ��,, ��T City Adminlstratxon/Council 763-593-3991 /763-593-8109(fax) . _ _�... �. -- �. ,.-:� �:�� : _ : � � �� -�� Executive Summary For Action Golden Valley City Council Meeting April 1, 2014 Agenda Item 3. C. 2. Solicitor's License - Custom Remodeler's Inc. Prepared By Judy Nally, Administrative Assistant Summary As per City Code, any individual or group intending to go door-to-door within the City selling products, taking orders or soliciting for business or donations must be licensed by the City to do so. Attachments • Peddler/Solicitor License Application (2 pages) Recommended Action Motion to approve the solicitor's license for Custom Remodeler's Inc. Application and fee must be submitted to the City Manager's Office the Wednesday prior to the City Council Meeting. Council Meetings are normally held the first and third Tuesday of each month. PEDDLER/SOLICITOR LICENSE APPLICATION � 0� TO: Golden Valley City Council Fee Paid: $ 7800 Golden Valley Road Number of Persons: Golden Valley, MN 55427 Type of License: Peddler Solicitor (circle o � Enclose the sum of$ ��,o for � (number) peddlers/solicitors as required by City Code of the City of Golden Valley and have complied with all the requirements of said Code necessaryforobtaining this license. ��..�-��,1, �c��c��---� ��c.. (Business or Individual Name or Organization to be Licensed) I � �Ia, � � � �l1� �6� �� MN Business ID Federal Business ID (FEIN) Define Business �'��„ v}��z.�--"�"1��r� (Corporation, Proprietorship, Partnership, Non-Profit, State of Incorporation or Individual) �'' �� v��z� .D�i��U� (Address) , ��a�a �� Y.�� y�v�, �� 1�� City, State and Zip Code) .�� 5 �� -�� (Telephone Number, including Area Code) NOW, THEREFORE, hereby makes application for (Applicant Name) period of �f 1 f`� through 12/31/�� , subject to the conditions and provisions of said City Code. (Signature of ApplicanUPrincipal Officer) Description of goods or services for sale (include prices)or indicate if soliciting donations. fF more space is needed, attach additional sheets(be specific): �L"�l�"` t" �' �./I�--��' - - �/ � �c�c'.�jr' � b L �r' l`;� � ) , / NOTE: ff the products for sale are changed or modified, y�u must give the City complete information regarding such change or modification. List the names and addresses of EACH person who will be peddling or soliciting on behalf of said organization in the City, or, in the altemative, the name, address and telephone number or numbers where a responsible person of said organization will maintain a list of names and addresses of all per�ons aged ir� peddlir�g or soliciting�� e City: � (�O l,L ��, l P _ �f"� /1 y�i � � � ��°?`�- � ' ��'�U" i.l� �5f�-(� � "u��`'� � b (If more space is needed, attach additional sheets) _. STATE OF ��'v I'�`r-'`-��t ) COUNTY OF ��Ju'°��{'/��ss. ,, Gfl��cA��fi , 1��'�'��?P��'�'C��1 of �L.,��. j'��r �.��9.�..�j c, (Officer/Individual) (Name of Organization) being first duly swom, depose and say that all the foregoing information is true to his/her own knowledge except as to matters therein stated on iriformation and belief, and as to such matters, he/she believes them to be true. Sign re of ApplicantlPrincipal Officer) Subscri ed and sworn to before me this .�d y of ��L�' '`��-- , 2� , � � � �,�t,i',r+�"°" ��'"r�+�.:� , :r:��a+p��y� . . ��J' e1 yr i . . Y 41*"'d{ii.5�� '��/� f RT�� ta �i (Signature) �� "��- � ,�,�,��. � ,•� �- �r�r �; �.��s�sor� m � - ° p�� 4 r'i'sd: ..�t E.x;3t8's,d2a." ;,1,317i5 "�� f��+VbV■ Regular Meeting of the Golden Valley Planning Commission March 10, 2014 A regular meeting of the Planning Commission was held at the Golden Valley City Hall, Council Chambers, 7800 Golden Valley Road, Golden Valley, Minnesota, on Monday, March 10, 2014. Chair Kluchka called the meeting to order at 7 pm. Those present were Planning Commissioners Baker, Boudreau-Landis, Cera, Kluchka, Segelbaum and Waldhauser. Also present was Community Development Director Mark Grimes, City Planner Jason Zimmerman, Planning Intern Nick Olson and Administrative Assistant Lisa Wittman. Commissioner McCarty was absent. 1. Approval of Minutes January 13, 2014, Regular Planning Commission Meeting MOVED by Waldhauser, seconded by Cera and motion carried unanimously to approve the January 13, 2014, minutes as submitted. 2. Informal Public Hearing — Final Plan Review— Planned Unit Development (PUD) — Carousel Automobiles (Porsche Dealership) PUD #95, Amendment#2 Applicant: Twin Cities Automotive (Porsche) Address: 9191 Wayzata Blvd. Purpose: To expand the existing building and modify the parking lot. Zimmerman stated that the Preliminary PUD plan for this proposal was approved by the City Council in February and now the applicant is starting the Final PUD approval process. He explained the applicant's proposal to expand their existing Porsche building and to modify the parking area. He referred to renderings of the proposed new building and noted that it would expand from 12,994 square feet to 26,655 square feet in size and would include new service bays, car wash, offices and employee facilities. He referred to the parking plan and stated that there are currently 193 parking spaces. The applicant is proposing to reduce the parking by 46 spaces for a total of 147 parking spaces. He noted that there will be some new display spaces, made of pervious pavers that will partially fall within the 35-foot front yard setback area and will require a maintenance agreement with the City. He referred to the landscaping plan and said there will be no net change in the number of trees, however, five existing trees will be relocated and three ash trees will be replaced with sugar maples. He stated that staff is recommending approval of the Final PUD proposal with the conditions listed in his staff report. Kluchka asked if the conditions that the Planning Commission recommended during the Preliminary plan process are including in this proposal. Zimmerman stated that the applicant added bike racks per the Planning Commission's recommendation and that the applicant will be entering into a maintenance agreement in regard to the maintenance of the proposed pervious pavers which was also a Planning Commission recommendation. He added that Minutes of the Golden Valley Planning Commission March 10, 2014 Page 2 some of the conditions added by the Planning Commission during the Preliminary process were addressed so they have been removed. Kluchka asked if the applicant has a snow storage plan. Zimmerman stated that snow is stored on the northern part of the site. Cera asked how the Final plan proposal is different from the Preliminary plan. Zimmerman stated that the parking lot was modified slightly to provide better maneuverability. Cera asked if the replacement ratio of pervious pavers versus green space is 1 to 1. Kluchka asked if pervious pavers are defined in the City Code. Grimes stated that the Code accepts and encourages the use of pervious pavers. Waldhauser added that some types of pervious pavers are better than green space. Baker stated that the parking lot in the Preliminary plan had issues with the turning radius and asked if that has been addressed in this plan. Zimmerman said yes, the turning radius has been fixed and that Fire Department staff has reviewed the plans and is comfortable with the proposal. Segelbaum asked if the City Council had any significant concerns during their review of the Preliminary plans. Zimmerman stated that the Council's concerns were similar to the Planning Commissions' such as the use of pervious pavers and the proposed improvements to the parking lot. Nguyen Hoang, Baker Associates, 150 South Fifth Street, Architect for the project, showed renderings of the front of the building and pointed out the location of the bike racks and the display parking area. Segelbaum asked that that rendering be included in the City Council's agenda materials. Hoang showed the Planning Commission a plan illustrating their property and the neighboring property and how much of the display areas are located in the front setback on both properties. Kluchka asked the applicant to explain their snow storage plan. Wayne Pisinski, Twin Cities Automotive, Applicant, stated that they store snow on the north end of the property in a grassy area beyond the parking lot. Cera asked Hoang to explain the pervious paver ratio discussed earlier. Hoang showed the Commissioners a diagram illustrating how pervious pavers work and explained that the effectiveness of pervious pavers depends on the substrate. Steve Sabraski, Landform Professional Services, Engineer for the project, added that the pavers themselves are porous and the gaps befinreen the pavers are filled with stones to allow water to percolate and infiltrate. He referred to the question regarding the ratio of pervious pavers to green space and stated that some watersheds do consider it to be a 1 to 1 ratio and others don't. He added that he feels comfortable using pervious pavers in this situation. Minutes of the Golden Valley Planning Commission March 10, 2014 Page 3 Kluchka opened the public hearing. Seeing and hearing no one wishing to comment, Kluchka closed the public hearing. Cera said he is comfortable with the proposal. Segelbaum agreed and noted that the applicant has addressed the Planning Commissions' concerns. Kluchka agreed and said that conditions added previously by the Planning Commission have been met and renderings have been added to the plans as requested. MOVED by Baker, seconded by Waldhauser and motion carried unanimously to recommend approval of the Final PUD Plan for PUD #95, Amendment #2, Carousel Automobiles subject to the following findings and conditions: Findinqs 1. The PUD plan is tailored to the specific characteristics of the site and achieves a higher quality of site planning and design than generally expected under conventional provisions of the ordinance. 2. The PUD plan preserves and protects substantial desirable portions of the site's characteristics, open space and sensitive environmental features including steep slopes, trees, scenic views, creeks, wetlands, and open waters. 3. The PUD plan includes efficient and effective use (which includes preservation) of the land. 4. The PUD Plan results in development compatible with adjacent uses and is consistent with the Comprehensive Plan and redevelopment plans and goals. 5. The PUD plan is consistent with preserving and improving the general health, safety and general welfare of the people of the City. 6. The PUD plan meets the PUD Intent and Purpose provision and all other PUD ordinance provisions. 7. The PUD plan proposes a significant improvement to the parking lot/drive aisles. 8. The PUD plan proposes a new and unique use of pervious pavers. 9. The conditions added by the Planning Commission during the Preliminary plan review have been met. Conditions 1. The plans submitted with the application shall become a part of this approval. 2. The recommendations and requirements outlined in the memo from the Public Works Department to Mark Grimes, Community Development Director, dated March 5, 2014, shall become a part of this approval. 3. All signage must meet the requirements of the City's Sign Code (Section 4.20). 4. This approval is subject to all other state, federal, and local ordinances, regulations, or laws with authority over this development. --Short Recess-- 3. Discussion Regarding Breweries and Taprooms Olson gave a presentation regarding breweries and taprooms. He discussed the definitions, licensing provisions and differences between breweries, taprooms and Minutes of the Golden Valley Planning Commission March 10, 2014 Page 4 brewpubs. He referred to several other cities and explained their requirements regarding hours of operation and what zoning districts they are allowed to be in. Olson stated that if the direction of the Planning Commission is to move forward with creating an ordinance some of the issues that should considered include: how a brewery would be defined, if there should be size limitations, the zoning districts they would be allowed to operate in, if there should be a required distance from residential areas, parking requirements, if they should be a permitted or a conditional use, the types of licenses required, the application and licensing fees, the appropriate days and hours of operation and if patios would be allowed. The Planning Commission discussed on-site versus off-site liquor sale, the different types of licensing for breweries versus taprooms, the requirements regarding the sale of food, allowing food trucks, how to be marketable, how to have a more attractive ordinance than other cities, rather than just being consistent with what other cities have done, potential opportunities with the future light rail station area and bike trails, public/private partnerships, and parking issues. They also stated that want to take into consideration future plans for Brookview and other local businesses. After discussion, the direction from the Planning Commission was to have staff start working on ordinance language and bring a draft of it to a future Planning Commission meeting for review. 4. Reports on Meetings of the Housing and Redevelopment Authority, City Council, Board of Zoning Appeals and other Meetings Zimmerman reported that the consultant contract for the Bottineau Light Rail Station planning has now been signed and that the next Station Area Planning Committee meeting will be on April 3. Waldhauser reported on a seminar she attended regarding the comprehensive plan process kick-off. 5. Other Business • Council Liaison Report Council Member Schmidgall gave an update on the City Council's recent decision regarding the LifeSpan Conditional Use Permit. The Planning Commission discussed additional ways to communicate with neighbors. Schmidgall stated that he attended a tour of the new addition at Breck School. Kluchka stated that he will be providing the Planning Commission's 2013 annual report to the City Council this spring. Minutes of the Golden Valley Planning Commission March 10, 2014 Page 5 6. Adjournment The meeting was adjourned at 8:39 pm. Charles D. Segelbaum, Secretary Lisa Wittman, Administrative Assistant Minutes of a Regular Meeting of the Golden Valley Board of Zoning Appeals January 28, 2014 A regular meeting of the Golden Valley Board of Zoning Appeals was held on Tuesday, January 28, 2014 at City Hall, 7800 Golden Valley Road, Golden Valley, Minnesota. Ghair Maxwell called the meeting to order at 7:04 pm. Those present were Members Johnson, Maxwell, Nelson and Planning Commission Representatives Boudreau-Landis and McCarty. Also present were City Planner Jason Zimmerman and Administrative Assistant Lisa Wittman. I. Approval of Minutes — December 19, 2013, Regular Meeting MOVED by Nelson, seconded by Johnson and motion carried unanimously to approve the December 19, 2013, minutes as submitted. II. The Petition(s) are: 1800 Mendelssohn Ave. N. Danette & Marlin Henrikson, Applicants (Continued Item) Request: Waiver from Section 11.21, Single Family Zoning District, Subd. 11(A)(3)(c) Side Yard Setback Requirements • 3 ft. off of the required 12 ft. to a distance of 9 ft. at its closest point to the side yard (south) property line. Purpose: To allow for the construction of a deck/lift addition on the south side of the existing home. Request: Waiver from Section 11.21, Single Family Zoning District, Subd. 19 Paved Area Requirements • 1 ft. off of the required 3 ft. to a distance of 2 ft. at its closest point to the side yard (south) property line. Purpose: To allow for the construction of a new driveway along the side yard (south) property line. Zimmerman reminded the Board that this request was tabled at their December meeting. Since then, the applicant has submitted revised plans and is now requesting a variance for 3 ft. off the required 12 ft. to a distance of 9 ft. at its closest point to the south property line rather than 5 ft. off the required 12 ft. to a distance of 7 ft. for the proposed deck/wheelchair lift. Also, the variance request for the construction of a new driveway is now 1 ft. off the required 3 ft. to a distance of 2 ft. at its closest point to south property line rather than 3 ft. off the required 3 ft. to 0 ft. as proposed last month. Minutes of the Golden Valley Board of Zoning Appeals January 28, 2014 Page 2 Zimmerman referred to the site plans and noted that the applicant is proposing to move an existing shed 3 ft. away from the north side yard property line. He explained that if the shed is moved to this location it would need to be 5 ft. away from the property line. Marlin Henrikson, Applicant, stated that the shed will either be removed from the property or it will stay in its current location. It will not be moved to the location shown on the plans. Maxwell noted that the Board's suggested changes from last month have been made. Zimmerman agreed and added that the proposed new plans allow more distance from the proposed new deck/lift to the neighboring property to the south. He also noted that the proposed amount of impervious surface has been reduced since the Board last reviewed this proposal. Maxwell stated that the reason the proposed construction has to be on the south side of the house is because the main entrance is on that side of the house. He added that the applicant didn't build the house originally and did not choose the location of the main entrance. Maxwell opened the public hearing. Seeing and hearing no one wishing to comment, Maxwell closed the public hearing. Boudreau-Landis questioned the need for the 7-foot wide paved area shown on the plans. Henrikson stated that he needs that width for access. He added that he also wants the edge of the driveway to go all the way to the retaining wall so there isn't an area of gravel between the edge of the driveway and the retaining wall. Maxwell added that the Veterans Administration also has certain requirements that have to be met. Johnson stated that it looks like this proposal addresses what was discussed last month and looks to be the best option. Nelson agreed and added that the proposal fits with the criteria that the Board uses: it is in harmony with the purposes and intent of the ordinance, it is consistent with the Comprehensive Plan, the request is reasonable, the property is unique because of the grade and the proposal will not alter the essential character of the locality. Boudreau-Landis added that the Veteran Administration requirements are unique to this case as well. McCarty asked the applicant if they had given any more consideration to moving the elevator to the east side of the house. He said the new design is nice, but it is very close the neighboring property and he still thinks there is a way the design can work on the east side of the house. Johnson noted that the stairs and a landing area can be built within the setback area without a variance so really there is only 1 ft. of the proposed structure that will be located in the setback area. McCarty stated that what is being proposed is much more substantial than just stairs and a landing. Nelson agreed it is more substantial, but it is not as close to the neighbor as it was is the previous proposal they reviewed. McCarty said he understands that the variance amount has been lessened but he still thinks the Minutes of the Golden Valley Board of Zoning Appeals January 28, 2014 Page 3 elevator could be moved to the east side of the house. Henrikson added that moving the structure to the east would add another $24,000 to the project. MOVED by Nelson, seconded by Johnson and motion carried unanimously to approve the following variance requests: • 3 ft. off of the required 12 ft. to a distance of 9 ft. at its closest point to the side yard (south) property line to allow for the construction of a deck/lift addition on the south side of the existing house. • 1 ft. off of the required 3 ft. to a distance of 2 ft. at its closest point to the side yard (south) property line to allow for the construction of a new driveway along the south property line. 245 Kentucky Avenue North Scott Newland, Newland Architecture, Inc., Applicant Request: Waiver from Section 11.21, Single Family Zoning District, Subd. 11(A)(1) Front Yard Setback Requirements • 1.19 ft. off of the required 35 ft. to a distance of 33.81 ft. at its closest point to the front yard (north) property line. Purpose: To allow for the construction of an addition to the front of the house. Zimmerman explained the applicant's proposal to expand a second floor bedroom and add an interior elevator. He referred to the applicant's plans and noted that the proposed expansion would not protrude out from the house any further than the existing eaves of the house. Maxwell asked if the foundation of the house is changing. Zimmerman said no and explained that if the proposed addition was a bay window it would be allowed without the need for a variance. It is when the floor area expands that an addition is required to meet setback requirements. Maxwell asked why the proposed "bump out" area is necessary. Scott Newland, Architect for the project, discussed the required clearances in order to make the interior space wheelchair accessible and functional. He added that they also need to provide space for physical therapy. He reiterated that the proposed addition would go no further than the extent of the existing roof. Maxwell asked what other options were considered. Newland stated that they considered remodeling the entire house but it is not functional or feasible with the cost and the existing layout of the upstairs space. Minutes of the Golden Valley Board of Zoning Appeals January 28, 2014 Page 4 Maxwell asked if there are any unique features to the property. Newland stated that the uniqueness in this case is not so much the site, it is more of how the inside of the house is configured, the location of the stairs, corridors, bathrooms, etc. Nelson noted that the house was built right at the front setback line, which the applicant did not do. Maxwell opened the public hearing, seeing and hearing no one wishing to comment, Maxwell closed the public hearing. McCarty said this proposal seems reasonable to him and that the addition will be no more intrusive than the proposed bay window will be. Nelson agreed and added that it meets the criteria the Board considers. Johnson also agreed and added that the proposed addition will make the home more in tune with the homes in the neighborhood. MOVED by McCarty, seconded by Johnson and motion carried unanimously to approve a variance request for 1.19 ft. off of the required 35 ft. to a distance of 33.81 ft. at its closest point to the front yard (north) property line to allow for the construction of an addition to the front of the house. 641 Westwood Drive South Curtis and Javne Olson, Applicants Request: Waiver from Section 11.21, Single Family Zoning District, Subd. 12(A)(3) Side Yard Setback Requirements • 5 ft. off of the required 5 ft. to a distance of 0 ft. at its closest point to the side yard (north) property line. Purpose: To allow for the reconstructian of an existing deck in the same location. Zimmerman stated that this property has a deteriorating retaining wall located under the existing deck. The applicant wants to remove the deck, replace the retaining wall and reconstruct the deck. He stated that the north corner of the deck is located too close to the side yard property line and explained that plans from 1985 were located in the City's files that show the deck in its current configuration. Also, in 1991 the property received a variance for a new garage and breezeway addition. The deck was shown on the survey at that time but there was no mention of the deck in the meeting minutes. He stated that he is not sure why a variance for the deck was never obtained, but guessed that staff might have considered the setbacks for the deck the same way the concrete pool surround was considered. Nelson asked if the concrete pool surround was allowed to go right up to the property line at the time it was constructed. Zimmerman said yes. He showed the Board an illustration and explained that if the proposed new deck were angled in order to meet the setback Minutes of the Golden Valley Board of Zoning Appeals January 28, 2014 Page 5 requirements it would still be approximately 10 ft. wide. Nelson noted that this home has been sold a couple of times since 1991. Maxwell asked if the deck in its current location would have always required a variance. Zimmerman said yes and added that it also should have received a permit. Nelson asked if the setback issue regarding the deck was diseovered when the applicant decided to replace the retaining wall. Zimmerman said yes. Maxwell opened the public hearing. Seeing and hearing no one wishing to comment, Maxwell closed the public hearing. Zimmerman noted that the applicant was not in attendance. Maxwell asked the Board if they would like to consider tabling this item since the applicant was not present. The consensus of the Board was that the request did not need to be tabled. McCarty said he didn't think it would be a hardship to the applicant to build the deck in a conforming location because they would be losing such a small fraction of the deck space. Nelson stated that it is an unfortunate situation because the applicant is making the effort to replace the retaining wall properly and then discovered they need a variance for the deck. Johnson said he thinks this situation is unique because there is a pool. The applicants are not just asking for a variance because they want a bigger deck. He added that the deck won't have an impact on any neighboring property owners. Nelson stated that the situation wasn't caused by the current homeowners; they were just trying to fix something that has been there for a long time. McCarty stated that if the deck was built in a conforming location the new deck would still be 10 ft. wide which is an average deck width. Boudreau-Landis said he is supportive of the applicant's request. He said he would feel differently if the deck had not been there for such a long time and if the neighboring house to the north were closer. Maxwell added that no one has ever questioned the location of the existing deck, the need for a variance came as a surprise to the homeowner and the homeowner wants a uniform- sized deck around their pool. McCarty said he doesn't think the fact that the deck has been there a long time should be considered a hardship, especially when the applicant is proposing to replace the nonconforming section of the deck. Minutes of the Golden Valley Board of Zoning Appeals January 28, 2014 Page 6 Nelson noted that the application states that if the deck were built in conformance with setback requirements it would only be 2 ft. wide. Zimmerman stated that is incorrect, the deck would be approximately 10 to 12 ft. wide on the north corner if it were angled to meet the requirements. MOVED by Nelson, seconded by Johnson and motion carried 4 to 1 to approve the variance request for 5 ft. off of the required 5 ft. to a distance of 0 ft. at its closest point to the side yard (north) property line to allow for the reconstruction of an existing deck in the same location. 6005 Golden Valley Road Vladimir Sivriver dba EDS, Inc., Applicant Request: Waiver from Section 11.35, Light Industrial Zoning District, Subd. 6(C)(4) Yard Requirements • 10 ft. off of the required 10 ft. to a distance of 0 ft. at its closest point to the rear yard (south) property line. Purpose: To bring the recently eonstructed driveway into conformance with Zoning Code requirements. Zimmerman stated that the Light Industrial zoning district requires one half (10 feet) of the side and rear yard setback areas to be used as a landscaped buffer. He stated that the applicant recently constructed a new parking lot which ended up being 0 ft. at its closest point to the rear yard (south) property line. Therefore, the applicant is requesting a variance to allow the newly constructed parking lot to remain as built. Zimmerman explained that in August 2013 the City issued a Stop Work Order for parking lot construction without a Storm Water Management Permit. In October 2013, the City issued a Storm Water Management Permit based on plans submitted by the applicant which showed a 10-foot setback for the parking lot. In November 2013, a violation letter was issued upon inspection of the parking lot. McCarty asked where the edge of the previous parking lot ended. Zimmerman said he didn't know the exact distance but he doesn't think there was a well-defined edge on the former parking lot. However, there was some distance between the edge of the parking lot and the property line. Boudreau-Landis asked about the setback area for the building to the south. Zimmerman said it appears that the building to the south is approximately 20 ft. away from the property line. Maxwell asked if the applicant received a Storm Water Management Permit. Zimmerman said yes, the applicant did receive a Storm Water Management Permit based on plans that showed a 10 ft, setback. Minutes of the Golden Valley Board of Zoning Appeals January 28, 2014 Page 7 Boudreau-Landis asked if the applicant submitted plans for the new parking lot. Zimmerman said he didn't think plans were required because at the time the applicant was proposing to do a mill and overlay of the parking lot, not a reconstruction. Vladimir Sivriver, EDS Inc., Applicant, referred to topography he completed in 2006 which showed that the original intent was to accommodate flow to a culvert. He stated that in 2012 he completed plans for a proposed building addition and that the plans complied with the requirements. However, last year the property owner decided not to move forward with the building addition, only the repairs to the parking lot. He stated that when construction started on the parking lot they realized there was a high water table so they had to excavate more material. At that time they also realized that the existing culvert was filled with silt and dirt, so the flow would come back into this parking lot and the outlet was two feet higher than the existing culvert. He said construction of a culvert was stopped by the neighboring property owner so they proposed a new culvert and at that time they obtained permits and continued working on the property. He said there was a lot of misunderstanding and confusion. He stated that they were just repairing the parking lot and that the majority of the parking lot had a 0 ft. setback from the property line and they had to remove existing curb and install new curb and gutter so there was confusion about that as well. He discussed an existing concrete swale along the edge of the parking lot and stated that a grassy area would create more flow and worsen the conditions. Boudreau-Landis asked for clarification on whether the edge of the previous parking lot went all the way to the property line. Sivriver said yes. Johnson said the photos show that it did not. Sivriver said that only a small portion along the edge of the parking lot was grass. McCarty asked Sivriver if he removed the bituminous. Sivriver said they didn't have access to the existing culvert so repairing the parking lot would have been for nothing. Nelson asked how long the current owner has owned the property. Barry Rothman, Vice President of Operations for Bellboy, stated that the current owner has owned the property since 2005. Maxwell referred to the application and asked for further clarification about the maneuvering of trucks. Sivriver stated that their new trucks are 75 feet long and that it would be impossible for the trucks to back up without destroying a 10 foot grassy area. Sivriver referred to a photo and noted that the edge of the concrete swale was right on the property line. Johnson said he is not familiar with 75 foot long trucks. Rothman stated that they need more room to pull in and back up. Maxwell asked when the concrete swale was installed. Sivriver said it was installed in 2007 or 2008. Maxwell asked if it was installed because of water run-off issues. Sivriver said it was installed for the trucks to be able to back up and for the water issues. Maxwell asked if the concrete swale was there when the property was purchased. Rothman said he didn't recall. Maxwell asked if the property to the south would not let the applicant use the existing culvert. Sivriver said that was his recollection. Minutes of the Golden Valley Board of Zoning Appeals January 28, 2014 Page 8 Johnson asked how the water table issue was discovered. Sivriver said that water came up during their excavation. McCarty asked if it was the high water table or the run-off that required them to build the concrete swale. Sivriver said he didn't know the history. He referred to the culvert situation and stated that they had to redesign the grade. Boudreau-Landis said he hasn't heard how the situation got to this point. Sivriver reiterated that the majority of the parking lot was always right on the property line. Boudreau-Landis asked Sivriver if the parking lot was removed. Sivriver said yes, because the water table had to be fixed. He said the project was treated as a repair and if it were a new parking lot it would have required new curb and gutter. Boudreau-Landis stated that the plan for a 10 foot setback along the south property line wasn't followed. McCarty said he is hearing that the applicant was going to repair the parking lot and then found out there was a high water table. He asked the applicant when he found out a permit was needed, when a new design was done, when he received a permit and when construction started. Sivriver said his plans show a zero setback. McCarty stated that the plans Sivriver used should be the plans that were approved by the City, there should be just one set of plans. Sivriver said they did some modifications. McCarty asked if they were just going to do an overlay of the parking lot, then discovered the water table and started tearing out the parking lot instead. Sivriver said he obtained permits from the City and from the Bassett Creek Watershed Management Commission. McCarty asked if the plans were redone to show the required 10 foot setback. Sivriver said the 10 foot setback was shown on the 2012 plans when they were proposing an addition to the building, but there was a misunderstanding because the plans he has from when he obtained his building permit clearly shows a 0 foot setback. He reiterated that the edge of the parking lot was at a 0 foot setback along a majority of the property line. Johnson stated that the Board is not going to be able to solve the timeline issue and suggested that they instead look at the criteria they use to make their decisions. McCarty said he thinks the Board's decision does depend on the timeline because he doesn't know what drawing was used to issue the permit. Nelson said the drawings show a 10 foot setback area and the applicant is here after the fact. McCarty asked what prompted the permit. Boudreau-Landis said his understanding is that the initial plan was to overlay the parking lot, but then the applicant ran into problems which led to work stoppage, then they had to get a Storm Water permit based on plans that showed a 10 foot setback. Sivriver said he did the designs ten times. He noted that the silt fence goes along the property line to the existing concrete curb that has a 0 setback. Boudreau-Landis asked if the Watershed gave approval based on the 10 foot setback. Sivriver stated that the Watershed doesn't look at setback requirements they look at the existing parking lot and the new parking lot. Maxwell asked if there are unique features with the property other than the length of the trucks and the high water table. Sivriver said there is a large amount of roof drainage and there was no outlet created which leads to a large amount of water in the parking lot. Maxwell asked if that is a reoccurring issue. Rothman said yes. Sivriver reiterated that his understanding is that the permit allowed a 0 foot setback because the majority of the edge of the driveway was located on the property line. Minutes of the Golden Valley Board of Zoning Appeals January 28, 2014 Page 9 Maxwell opened the public hearing. Mike Abrams, 1109 Zane Avenue North, said there was never an overlay planned and that this has been a planned assault from the beginning including the applicant digging on his property without permission. He said when he saw them digging he went to the City to look at the plans and was asked "what plans?" Then the City issued a stop work order. He said there was a 10 foot buffer between the edge of the applicant's parking lot and the property line and that it did not go right up to the property line. Nelson asked Abrams if the grassy area shown in the photos was on his property. Abrams said yes. He added that as far as trucks and trailers maneuvering, there is room for them to turn around without having to build the parking lot all the way to the property line. Nelson asked if the concrete swale was built right to the property line. Abrams said he couldn't tell by the photo. He stated that the applicant has done lots of things including using his property as a holding pond for their water. He said he's heard enough of"it's complicated" and "it's a misunderstanding." Maxwell asked if this issue is in litigation now. Abrams said it is not in litigation yet, but it will be. McCarty asked Abrams if the applicant literally dug a holding pond on his property and how long it was before he noticed. Abrams said yes, and added that it took a couple of weeks before he noticed because his building has been empty for a while. Nelson asked Abrams how long he has owned his property. Abrams said he's owned it since 1991. Bill Skolnick, Skolnick & Shiff, P.A., representing Mr. Abrams, stated that Abrams didn't know about the parking lot reconstruction until he saw them digging the hole. He said there is no question that work began without a permit. There are letters from the City showing that the applicant needed to have a 10 foot setback and the City has plans from the applicant that show a 10 foot setback for a new parking lot. He introduced R. Eric Zimmerman, R.E. Zimmerman Consulting, LLC. Dr. Zimmerman said the question is where the original parking lot was located before any work was done. He stated that based on aerial photos there was 40 feet between the north edge of Mr. Abrams building and the south edge of the paved parking lot or 20 feet of property on each side of the common property line. He referred to the concrete swale and said that was put in as a stop gap. Skolnick stated that the applicant's parking lot was expanded. The applicant has been asking for forgiveness rather than permission and has disregarded the City's letters. He referred to a letter from City staff saying that there needs to be a signed agreement with Mr. Abrams. The applicant has never asked for a letter from Mr. Abrams and has never given Mr. Abrams any consideration or tried negotiating. Maxwell asked Sivriver when they knew they needed a variance. He said he knew when he received a letter from the City. Rothman added that the culvert has never been cleaned or maintained and that an extraordinary amount of water comes out of the drains on the back of Minutes of the Golden Valley Board of Zoning Appeals January 28, 2014 Page 10 the neighbor's building and erodes their parking lot. Sivriver said the purpose of this meeting is the 0 foot setback issue and it is his opinion that the majority of the parking lot was setback 0 feet from the property line. Seeing and hearing no one else wishing to comment, Maxwell closed the public hearing. Maxwell said the Board needs to focus on the criteria used when considering variance requests. Nelson agreed that the Board has been asked to consider a variance to allow a parking lot to be located 0 ft. from a property line and she doesn't think the criteria have been met in order to grant a variance in this case. McCarty said that the need for the variance was caused by the landowner. He added that he doesn't know which plan was issued with the City permit. Nelson noted that the applicant received a letter from the City stating that there needed to be a 10 foot setback from the edge of the parking lot to the property line. Maxwell asked about the water table issue. McCarty said the water table should have been discovered earlier in the process. He said it appears that the applicant did the work, got caught doing the work then asked for a variance. He noted however, that the Board of Zoning Appeals has granted variances in the past when errors have been made. Nelson said she doesn't think the variance request meets enough of the criteria used when granting variances. Johnson referred to the criteria and stated that he thinks the proposal meets two of the criteria, it is a reasonable use and it doesn't alter the essential character of the locality however, there are no unique circumstances not caused by the landowner, and the variance is not in harmony with the purpose and intent of the ordinances. MOVED by Johnson, seconded by Nelson and motion carried unanimously to deny the variance request for 10 ft. off of the required 10 ft. to a distance of 0 ft. at its closest point to the rear yard (south) property line to bring the recently constructed driveway into conformance with Zoning Code requirements. III. Other Business No other business was discussed. IV. Adjournment The meeting was adjourned at 8:59 pm. George Maxwell, Chair Lisa Wittman, Administrative Assistant GOLDEN VALLEY ENVIRONMENTAL COMMISSION Regular Meeting Minutes February 24, 2014 Present: Commissioners Tracy Anderson, Tonia Galonska, Lynn Gitelis, Dawn Hill, Jim Stremel; Eric Eckman, Public Works Specialist and Lisa Nesbitt, Administrative Assistant Absent: Commissioner Debra Yahle 1. Call to Order Stremel called the meeting to order at 7:00 pm. 2. Approval of Reqular and Joint Meetinq Minutes — Januarv 27, 2014 MOVED by Hill, seconded by Galonska, and the motion carried unanimously to approve the minutes of the January 27, 2014 meetings. 3. Natural Resource Manaqement Plan Commissioners were given a copy of a memo (on-file) prepared by the Parks Supervisor, for the Open Space and Recreation Commission regarding invasive species in the city. Eckman is working with S.E.H. to finalize the Natural Resource Management Plan outline and will forward it to the Environmental Commission and Open Space and Recreation Commission for review when completed. 4. Guidelines for Vacant Citv Parcels Maps and aerial views of the vacant city-owned parcels and rights-of-way were reviewed. Some ideas for managing these areas included: creating an adopt-a-parcel program, selling the parcel, asking associations and/or large groups to manage a parcel. The commission felt having a menu of options would be ideal when the city receives requests to manage a vacant parcel, and that each request would need to be handled on a case-by- case basis. Eckman will consult with the city attorney regarding the requirements for selling a tax forfeit parcel. 5. Discuss Annual Report to Council Staff will prepare a draft of the annual report which will be reviewed at the next meeting. Stremel will present to Council in April. 6. Proqram/Proiect Updates Summary on-file. 7. Commission Member Council Reports None 8. Other Business Gitelis reported that the legislative session starts Tuesday (2/25). There are no environmental bills in this session. Minutes of the Environmental Commission February 24, 2014 Page 2 of 2 9. Adjourn MOVED by Gitelis, seconded by Hill, and the motion carried to adjourn. The meeting adjourned at 8:10 pm. Lisa Nesbitt Administrative Assistant Cl 1��1 C3� � I��q.`, Public�arks Department 763-593-8030/763-593-3988(fax) �.. . �._..�. ��::��;# ��A..�� , . .�,� � �_ ,�,�� ,-� �a.:=� �-�� .. �,s:�,��s� �a.:°. �.,�� Executive Summary For Action Golden Valley City Council Meeting April 1, 2014 Agenda Item 3. E. 1. Purchase One John Deere Commercial Mower 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 $25,000 for one utility tractor mower (V&E-069, page 36). The John Deere commercial mower replaces a 2003 John Deere 72-inch mower. Staff will utilize the John Deere mower/tractor for mowing the City Hall complex, fire stations and neighborhood parks, park trail/complex sidewalk sweeping and winter snow removal. The lohn Deere is an all-wheel drive mower/tractor designed for front-mount equipment, including 72-inch mower/mulching deck, 60-inch rotary broom and 60-inch two-stage snow blower. The 2003 John Deere 72-inch mower 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 and any vehicle/equipment scoring 28 points and above meets the category of"needs immediate consideration." Unit 463, 2001 John Deere mower due for replacement, scored 29 points. The Minnesota Materials Management Division has awarded the following contract to John Deere Company: Contract and Item Vendor Amount Release No. 62399 John Deere 1445 Series Commercial John Deere Co. $19,314.48 Mower Less Mower 62399 John Deere 72" Mower Deck John Deere Co. $3,890.21 62399 John Deere 60" Heavy Duty Rotary John Deere Co. $4,257.82 Broom 62399 John Deere 60" Heavy Duty Two Stage lohn Deere Co. $3,841.04 Snow Blower TOTAL PURCHASE $31,303.55 Trade In 2011 John Deere 1435 72" Mower $6,000.00 The budget to purchase the John Deere commercial mower is $25,000; the purchase price is $31,303.55 before trade in putting the purchase price $6,303.55 over projected budget. While the purchase price exceeds the budget, other capital equipment purchases have come in under budget and will cover the shortfall on this item. The new piece of equipment has multiple uses rather than the single use equipment that is currently owned by the City. Recommended Action Motion to approve purchase of one John Deere Commercial mower from John Deere Company in the amount of$31,303.55 k.'�Y� V/ �i; �. ��% Ci.t Administration/Council Y 763-593-8003/763-593-8109(fax) _ , �-. -�. . _ _ �.. � `��; �� Executive Summary For Action Golden Valley City Council Meeting April 1, 2014 Agenda Item 3. F. Submission of Request for Matching Funds Through 2014 Hennepin County Economic Development Initiative and Authorizing Entering into an Agreement with the Metropolitan Consortium of Community Developers (MCCD) for the Open To Business Initiative Prepared By Mark W. Grimes, Community Development Director Summary The City Council has previously received matching funds through the Hennepin Economic Development Initiative to continue participation in the Open To Business Program offered by the Metropolitan Consortium of Community Developers (MCCD). Over the past two years, (2012 and 2013) Golden Valley has partnered with the City of New Hope on a joint program. Each year MCCD has charged $10,000 for its services to this joint program. Hennepin County has again offered a match providing$5,000 towards this fee for 2014. New Hope is reviewing its participation and is likely to continue its partnership with Golden Valley. Hennepin County requires City Council authorization by resolution. The attached resolution authorizes the request for matching funds and is required by Hennepin County as part of the request. It also authorizes appropriate City officials to enter a new agreement with MCCD. Attachment • Resolution Authorizing Submission of a Request for Matching Funds Through the 2014 Hennepin County Economic Development Initiative and Authorizing Entering into an Agreement with the Metropolitan Consortium of Community Developers for the Open To Business Initiative (1 page) • Open To Business Update (2 pages) Recommended Action Motion to adopt Resolution Authorizing Submission of a Request for Matching Funds Through the 2014 Hennepin County Economic Development Initiative and Authorizing Entering into an Agreement with the Metropolitan Consortium of Community Developers for the Open To Business Initiative. Resolution 14-28 April 1, 2014 Member introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING SUBMISSION OF A REQUEST FOR MATCHING FUNDS THROUGH THE 2014 HENNENPIN COUNTY ECONOMIC DEVELOPMENT INITIATIVE AND AUTHORIZING ENTERING INTO AN AGREEMENT WITH THE METROPOLITAN CONSORTIUM OF COMMUNITY DEVELOPERS FOR THE OPEN TO BUSINESS INITIATIVE WHEREAS, Hennepin County has announced an economic development initiative to provide matching funds to municipalities to join the Open To Business program offered by the Metropolitan Consortium of Community Developers; and WHEREAS, the initiative allows smaller municipalities to cooperatively apply for the county match and split the $5,000 local match; and WHEREAS, the City of Golden Valley would like to continue its partnership with the City of New Hope to participate in this initiative and seek matching funds from Hennepin County to underwrite this participation, at a cost to Golden Valley of $2,500. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Golden Valley that the City Manager is authorized to join with the City of New Hope to seek matching funds from Hennepin County to participate in the Open To Business initiative. BE IT FURTHER RESOLVED that authorized City officials may enter into an agreement with the Metropolitan Consortium of Community Developers to provide services for Open To Business in 2014. 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. �-, .�." ��..� ro�us��t�SS City/County: Golden Valley/New Hope Time Frame: 1/1/13-12/31/13 Updates Clients Served: GV NH New Entrepreneur/Start-up 7 5 Existing Business 5 3 Total 12 8 How did client hear about OT6: • Municipality (newsletter) 9 6 • Friends/Family 2 Industry Segment: • Bank Referral 1 GV NH • Other 2 Service 7 3 Food 1 Wholesale/Dist/MFG 4 2 Direct& Facilitated Financing approved: Retail 1 1 # of loans 2 Amount $105,240 Capital Leveraged: $15,000 Jobs retained or created from MCCD closed loan clients: Types of Businesses: Program related hours TA/Admin: 71 Restaurant Event decor lanner Massage therapy Disc golf equipment Types of Services Provided: s a Micro brewin Tailor Business Plan Lease review/ Real Estate investor Political consultant Develo ment ne otiation Home health care New electric vehicle Real estate anal sis Strate ic lannin Food im orter Photo ra her Marketing Cash Flow Analysis & Pro'ections Personal financial Record lannin kee in /bookkee in Business Financial Registration, Management Assistance Loan packaging Regulatory assistance Costing analysis for Business purchase manufacturing new evaluation roduct Client Highlights: Micro BrewerY Business Type: Craft beer brewery Location: TBD- New Hope resident Referred by: Municipality Other Financing/Equity: $105,000 A New Hope resident approached Open to Business for help in developing a business plan for a new Micro Brewery. We helped him develop a detail financial pro forma and determine what the true costs of opening a brewery. Helped him strategize on accessing financial resources to ensure he has enough capital to start his venture. The entrepreneur did access a home equity line of credit to have capital ready when he finds the right location and additional investors. Trinitv Building Services, Inc. Business Type: Manufacturer of hand sanitizer Location: Golden Valley Referred by: Municipality Open to Business assisted a Golden Valley business and resident in bringing a hand sanitizer to market. We helped in developing a costing sheet for her to evaluate pricing structure on a retail and wholesale level. Byerly's and Lunds are very interested in carrying this product and the entrepreneur is in the process of negotiating a distribution deal. Credit Builder Loans: In 2013, MCCD provided one credit builder loans to a New Hope resident. MCCD works in partnership with several nonprofit organizations to offer the credit building program. Our partners provide financial counseling in conjunction with small personal loans from MCCD. This combination of counseling with loans is helping program participants improve their credit scores, thus allowing for better interest rates for various types of lending. Comments from New Hope/Golden Valley clients participating in an Open to Business Client Survey: "l think it is a great way for somebody started in the right direction. The information received is sometimes things you never thought about or it just gives you a new perspective." New Hope client- Dec 2013 "Promote it a little heavier from the city side to make the program known - because the rest is up to the individual seeking advice. l think it is a great program." New Hope client- Dec 2413 "l have been working with my advisor, Robert Smolund and 1 have been very pleased. He has been instrumental in providing guidance and support for my business." Golden Valley client- Dec 2013 {.+L W y i.'f .es � Public Works Department 763-593-8030/763-593-3988(fax) ;�� `� _ � . : >: Executive Summary For Action Golden Valley City Council Meeting April 1, 2014 Agenda Item 3. G. Authorize Contract for Professional Services with Wilson Development Services, LLC for Land Acquisition Services for the Douglas Drive Reconstruction Project Prepared By Jeannine Clancy, Director of Public Works Eric Seaburg, EIT, Engineer Summary At the November 19, 2013 City Council Meeting, an agreement with Hennepin County was authorized for right-of-way acquisition for the Douglas Drive (CSAH 102) reconstruction project. Acquisitions for this project are necessary to provide sufficient space for the proposed corridor improvements. In total, there are approximately 58 properties from which the City needs to acquire right-of-way. The acquisitions vary in shape and size along the length of the corridor. In many cases, the acquisition is a "strip acquisition" in which the parcel's five to ten feet closest to Douglas Drive must be acquired. All acquisitions for this project will be in conformance with the Uniform Relocation Act Wilson Development Services, LLC is a real estate company that specializes in the acquisition of right-of-way necessary for public improvement projects. The company has a team of staff members that have performed thousands of private and corporate acquisitions throughout the state of Minnesota. Staff has obtained a proposal from Wilson Development Services, LLC for professional services relating to right-of-way acquisition for pouglas Drive. The proposal includes the following acquisition activities: State and Federal Audit Review, Right-of-Way Certificate Preparation, Right- of-Way Project Management, Pre-Acquisition Interviews and Preparation, Acquisition Negotiations, and Final Settlement. The not-to-exceed value of the proposal is in the amount of $204,000. Upon approva) of the attached proposal, Wilson Development Services, LLC will enter into a Contract with the City. Attachments • Proposal for Land Acquisition Services for the Douglas Drive Reconstruction Project (20 pages) Recommended Action Motion to authorize contract for professional services with Wilson Development Services, LLC for Land Acquisition Services for the Douglas Drive Reconstruction Project in an amount not to exceed $204,000. OFFicE 952.448.4630 800.�48.4630 FRx 952.44$.4676 51 O N. CHESTNUT STREET �'` SUITE 2O0 CHASKA, MiNNESOTA 55318 (��1,f�(,(��(�� j�{��/`�� ,�� WWW.WILSONDEVELOPMENTSERVICES.COM March 25, 2014 Mr. Eric Seaburg, Project Manager City of Golden Valley 7800 Golden Valley Road Galden Va11ey, MN 55427-4508 Re: Douglas Drive ROW Services Proposal Dear Mr.Seaburg: Attached is our proposal to provide Right of Way Acquisition& Relocation Services for the 57 parcel Dougias Drive Improvement Project. Wilson Development Services, LlC("WDS")is a 33 year old licensed real estate firm that specializes in the acquisition &relocation services for public agencies and non-profit corparations throughout Minnesota. Dan Wilson,owner, has over 44 year's experience providing assistance to the most difficult &challenging public acquisition projects. I believe that the lang history of multiple projects with the City of Golden Valfey has demonstrated our proficiency in skiils and determination to successfully complete prajects in a fair&reasonable manner. Thank you for the opportunity to submit this proposal. We are confident in our ability to assist with a successful project. Please call with any questions or comments an the propasal. �, Sinc ely,' �,, � � Y��y � �� ;��, �: �.�.�.� Da iel H. Wilson Principal / ��vE�.a�t��N�r sE�zv�cES, uc ��av��ir�� acc�ursiT�ar� ,ar�o a��.aca-r�o� s��v�cES st�vc� �.�s�. Prepared Far +�i�y v�f C�c�ldert V� II�y E�t�u I�� t�rive �SAH 1t�2 � � } Rec€�nstru�cti�rr� Pr€�`ec� � City Proj�ct #: 1�-�4 Caunty Praject #: 1Dt17 State/Federal Project #: SP 128-Q91-0�4 Offered bV: C►aniel H.Witson Wilson Development Services,LlC 510 Narth Chestnufi Street,Suite 200 Chaska,MN 55318 952-448-4630/8ap-448-4630 Dan Wilson�Wit�onD�velopmer�tS�rvices.cam DOUGLAS [�RIVE RQIl1� ACQUISITtON �ERVIGES Table af GQnfe�ts Section 1. WDS Qualifications ..................................................................................... x Section 2. Project Understanding .....................................................................x ............................ Section3. Project Tasks ................................................................................................................x Section4. Deliverables...................................................................................................................x Section5. City Participation ..........................................................................................................x Section6. Schedule & Timing .......................................................................................................x Section7. Cost Proposal ...............................................................................................................x Section8. Resumes........................................................................................................................x 1.0 tNifsa�r Qevelapm�ttt Ser�ice�, L�.G Q�atifications Project Team Members Dan Wilson Dan founded Wilson Development Services in 1980 as a real estate development consulting firm specializing with acquisition relocation services and is holder of a Minnesota Real Estate Brokers' License. Dan has provided such services to public agencies, non-profits and private developers for over 38 years. For many years, Dan provided construction management services for construction projects across Minnesota. Dan has served as an instructor for Minnesota Department of Transportation, Department of Housing and Urban Development, NAHRO and Hennepin County Bar Association Eminent Domain Committee. Dan recently participated in a seminar addressing the revisions to the Minnesota Eminent Domain Law regarding minimum compensation and loss of going concern. Dan is supervisor for all employees and works. He is the client contact person in all matters. Kathy Schmieg Kathy is a licensed Minnesota State Realtor for over 29 years. Prior to joining Wilson Development Services, LLC, Kathy was a licensed abstractor and realtor. It was Kathy's excellent work for MnDOT Highway 14 project that resulted in District 7's first major contract without the need for condemnation. It is Kathy and Dan that hold our current"best effort record" of 233 utility easements for the City of Buffalo in a 60 day period, with only one parcel going to condemnation. Leah Traxler Leah Traxler has been a licensed realtor since 2002 and has been with WDS for 9 years. Leah is a knowledgeable Right of Way Agent who handles conflict & emotion skillfully and patiently, while keeping property owners on task. WDS recent successes resulted in the following strip taking negotiated settlements Client Pro'ect Total Parcels Number Settled McLeod Count Hw 2 33 33 McLeod Count Hw 7 42 41 McLeod Count Mornin side 15 9 9 Cit of Belle Plaine Utilit Easement 23 23 MnDOT Waseca TH 14 55 55 Dakota Coun Cedar Ave 81 80 Scott Count CR 78 & 17 20 18 Great River Ener Anoka Count 29 27 MnDOT Ga lord TH 5, 19 & 22 44 37 MCES East Bethel 32 29 Client References Tim Hoehn, MnDOT District 7 ROW Supervisor, wrote in a perFormance evaluation, "This is the third project I have had with Wilson Development Services and they have consistently produced outstanding work. They have the knawledge and understanding of MnDOT's processes in regard to direct purchase and relocation. They are highly motivated and don't need to be prodded to complete work on time. They take pride in the difficult task of negotiating with landowners and brokering settlements that are fair to both MnDOT and the landowner. I highly recommend them for direct purchase/relocation services." Paul Konickson, MnDOT District 3 Project Manager, wrote in a performance evaluation, "Wark was completed in a timely manner and they did a thorough job. Consultant had very good coordination/communication with MnDOT Staff. Very satisfied and would work with Wilson Development Services again on future projects." Greg Thompson, MnDOT Right of Way Supervisor in District 3, has stated that Wilson Development Services is the "most cost effective consultanY' that they have. Wilson Development Services, LLC is on MnDOT's prequalification list for: 8.1 Direct Purchase 8.2 Relocation Assistance 8.3 Field Title Investigation Wilson Development Services, LLC is also on Hennepin County's and the City of Minneapolis' prequalification list for acquisition and relocation. 2.0 Froject Cfrtd�rsfat�afirrg This proposal includes full right of way acquisition project management, field title investigation, and direct purchase negotiations. The right of way required for this project will be acquired in accordance with applicabie federal statutes such as 49 CFR Part 24 Uniform Relocation Assistance & Real Property Acquisition Act and regulations, state laws, and Mn/DOT requirements in order to advance the construction schedule of this corridor project. All documentation for each parcel will follow the guidelines set forth in Mn/DOT's Right of Way Manual and with information supplied by the City of Golden Valley. Wilson Development Services, L�C ("WDS") will furnish and deliver to the City of Golden Valley all necessary documents needed to record easements or to support eminent domain proceedings. Dan will conduct monthly progress meetings to update City staff on the progress of the acquisition process and gain City staff feedback and direction. 3.4 Prvjec�Ap,proach and Tasks Pro/ect Approach The project schedule dictates that all tasks, responsibilities, and processes be clearly stated and assigned to streamline project delivery. Clear and consistent communication and coordination within the team and with the City and landowners is critical to project success. Our team approach for each task highlights our successful methods and perspective on how to deliver this project on time and with minimal need for condemnation. Our team will address the concerns of the landowners respecifully and patiently, without compromising the City's needs or integrity. By building relationships based on honesty, consistency, and respect with the landowners, the team will minimize the need for condemnation. WDS will utilize our collective knowledge and experience to expedite negotiations with landowners and propose creative, yet practical, solutions to particular challenges that will arise during the acquisition process. Our proactive attitude, problem solving techniques, and proven track record make us certain that we are positioned to meet the project objectives and goals. Tasks Tasl� 1.0: Rrolect Manaqement It is fully understood that the timely delivery of this high-profile project is of utmost importance to the City. WDS provides orderly & efficient expertise and staff availability required to secure the necessary properties in the timeframe required. Our project management philosophy and work plan emphasize the importance of working proactively with the City, design staff, and the landowners to address their individual concerns and provide solutions to specific parcel issues. Our goal is to work diligently with the landowners throughout the process to increase project acceptance, resolve issues, complete acquisitions, and ultimately reduce the number of parcels in condemnation. Dan Wilson will be responsible for the overall project management details, schedules, reports, meetings, and staff coordination. Dan and his associates have extensive experience working with landowners on a one-on-one basis. Their knowledge in real estate offers the City and the property owners a knowledgeable and credible right of way acquisition agents who can explain the acquisition process, as well as the design and construction needs. These skills and experience aid in creating a consistent acquisition team, trusting relationships with the property owners, and an effective voice for the City. Our ability to assist in cases where condemnation is necessary is valuable and helps keep the project on track. Our ability to identify and resolve complications in parcel acquisition early on, and respectful, timely communication with property owners has proven to decrease the time needed for acquisition and minimize the need for condemnation. ORGANfZATtQNAL STRUCTURE 1.1: Generaf Rroject Management Management and administration of the project will include communication (including monthly progress meetings) with the City Project Manager. This also involves updating project schedules and monthly status reports, maintaining the project schedule, and coordinating with appraisers and stakeholders. 1.2: Project Meetings Prepare for and attend all of status and review meetings, as needed, including all necessary displays, agendas and meeting minutes. Also any meetings with State Aid Office personnel, FHWA, and City Attorney's office will be covered under this section. 1.3: FederalfMn/DOT Audit Review Attend the Mn/DOT District R/W Engineer/Land Management Supervisor (Dan Phelps) and Federal RM! Engineer/Land Management review of the project's right of way documents, in a timely manner, to certify that the City has complied with applicable laws and regulations in acquiring the right of way, and that it has legal possession and right of entry prior to the approva! of the Right of Way#1 Certificate. Task 2:ft. Pre-AcauisitEOn�ctivitie� The Pre-Acquisition activities include the initial parcel work, file setup and research, introductory letters, field title investigations and field title reports. 2.1: fntroductory Letters This task also includes completing preliminary parcel research, gathering parcel information, creating electronic files, paper parcel files, mail merges, etc. 2.2: Fietd Title Investigatians The field title investigation, preparation for investigation, and the subsequent report are key components of a successful acquisition. This is the ROW Agent's opportunity to establish a relationship with the owner before the difficult discussions about money begin. Information gathered during this process, such as tax information and property value data, should be used to avoid rework and errors during the acquisition process. It is imperative that data/facts gathered from research and the title report is crosschecked with similar data and discussions with the landowner. It is important to understand that the Field Title Report is a living document and should be updated throughout the acquisition process. Prior to meeting with the landowner to conduct the investigation and site visit, the agent will review all the information gathered for the parcel as well as the design and how the property is impacted. The landowner will be contacted to briefly discuss the project and ask to meet to view the property, discuss the project and impacts, etc. The agent will extend the mesting invitation to the owner and be willing to meet at the landowner's convenience. During the actual meeting (investigation) the landowners will be asked questions regarding the recorded interest in the property summarized in the title work as well as information regarding any unrecorded interest in the property. The property will be viewed with the property owner to listen to the landowners' opinion of how the acquisition will impact their property. This is an important step in the acquisition process as it helps to address any concerns or unseen complications as soon as possible while building a trusting relationship with the landowners. Landowner concerns and comments will be documented in the report and addressed if possible and practical. Specific landowner concerns that warrant the City's attention or the gathering of additional information will be coordinated with the City and provided to the landowner by the assigned agent. A field title report will then be drafted for use by the project team and a copy will be given to the appraiser. Close communication will be maintained with City's Project Manager, in the event that alterations are requested based on the landowner's expressed concerns or special circumstances discovered during the investigation. Task�.0: A�p�isifion Activities The acquisition tasks generally include preparing the offer packets and all eontents, presenting the offer ta the landowner, negotiations, settfements, and assistance uvith eminent domain. 3.T: Offers to Lando�wners The 4ffer to Purchase and Statement of Compensation will be mailed and then the agent will meet with the owners to present written offers at a later date. Along with this offer, the owner must be given a written summary statement of the basis for the offer. Summary statements must also be given to tenants who own improvements affected by an acquisition. The offer packets will include an ofFer letter, summary statements, landowner rights brochure, conveyance documents, acknowledgement of receipt of the offer and landowner right brochure. All conveyance documents will be drafted using the document templates approved by the City. In the case where a mortgage company has a mortgage lien on a property, mortgagee consents will be requested. It is assumed that each parcel will have one mortgage. Mortgage consents wi11 not be sought for parcels requiring only temporary construction easements. 3.13: Minimum Compensation Reports WDS will provide a Minimum Compensation Report for each total take acquisition parcel in compliance with MS 117.185. Currently 6 parcels are slated for total acquisitions. The report will be completed after the real estate appraisal has been completed. Dan Wilson has been a leader in the right of way industry as public agencies attempt to understand and implement the relatively new statute. Dan's testimony has been accepted as "expert testimony" in District Court and Appeals court cases. 3.2: Negatiations Our agents will provide good faith negotiations between the City and the landowners. Positive and patient negotiations are imperative to acquiring the parcel without having to go to court. We utilize problem solving techniques and our considerable experience to reach fair settlements, rather than just throwing money at a problem. They will also coordinate appraisal reimbursements for landowners who secure their own appraisals, obtain signatures and notarize, document all negotiations, present revised offers, obtain mortgage releases, submit permanent easements and warranty deeds to City for recording and coordinate with the City Attorney if it is necessary to condemn any properties. Agents will coordinate with Dan to discuss their opinion of how negotiations are progressing, discuss and present last written offers as appropriate, and pravide recommendations for settlement when appropriate and justifiable. Close communication between WDS and the City is crucial. Landowners expect and deserve timely responses to questions and counter offers, The team strives to provide quick, yet researched and approved, responses to landowners. Agents also understand that some owners need a little time to digest information. WDS values and recognizes that people need to be treated as individuals and that impacts to their property may be emotional and stressful. Additional coordination, planning and discussion are also anticipated for properties that will have impacts ta access, buffers and improvements. Our team will work proactively with the landowner, County, cities, and designer to solve challenges imposed on these properties as a result of the improvement project. 3.3: Relocation WDS will deliver full relocation rights & benefits set forth by Minnesota Statute 117.52 and the Uniform Relocation Act of 1970, as amended to all persons displaced by the project. Currently the City anticipates up to 6 total take acquisitions requiring relocation assistance. WDS recognizes that at least two of the parcels are occupied by seniors with health issues and personal challenges that will require a significantly higher level of assistance to achieve a successful displacement. 3.4: Eminent Qamain—Gondemnation WDS will provide support and information to the City Attorney for preparation related to petition, notices, hearing on petition, and commissioners' hearings. This includes participation in meetings by the appraiser and appropriate team members. WDS will continue to negotiate settlements after the condemnativn has been initiated. Task 3.0: A�quisittQrt Activities • Coordinate closely with City staff • Draft complete offer packet for each parcel including cover letter for offer with instructions, if needed, offer letter (with receipt), appraisal and acquisition summary, copy of appraisal, conveyance documents, guidebook/brochure of landowner rights (with receipt), IRS W-9 form, parcel sketch, and appraisal • Present offers to landowners and explain appraisal, documents, process, schedule, project plan, and impacts to property. Provide answers to questions. • Discuss progress, landowner concerns, counteroffers, and potential settlements with City � Provide biweekly status reports of offers and negotiations • Keep thoraugh negotiator's report/log and parcel file • Secure required signatures and completed W-9 form • Request and process payments • Process appraisal reimbursement requestlreceipts � Negotiate with landowner to reach settlement • Discuss with City parcels that are candidates for last written offers and then prepare the last written offers and present to landowners • Prepare Administrative Settlement memos to document any departure from the prepared offer for City's review • Provide support and information to City Attorney for preparation related to petition, notices, hearing on petition, and commissioners' hearings • Attend meetings as necessary � Review plan updates for changes related to parcels • Obtain partial release of mortgage, or consent, as necessary on parcels that are non "TE only" ��ctian 4. �eliverables � -. � 1.1 Genera[ Rroj�ct Management • Project schedules • Biweekly spreadsheet status and progress reports • Monthly team status meetings • Generai parcel tracking spreadsheet in excel format • Provide copies of critical correspondences and project issue data • Attend meetings as required by City Project Manager • Coordinate activities with all affected parties via phone, e-mail, fax, and written correspondence 1.2 Project Meetings • Meeting agendas • Meeting minutes • Displays or exhibits required for meetings 1.3 Federal/Mn/QQT Audit R�view • General tracking spreadsheet in excel format • Attendance at review • Parcel files maintained � � ` s !� • j .� 2.1 Introductory Letter� • Introductory team letter will be mailed to each parcel 2.2 Field Title Inve�tigatians • Provide gathered project information • Attend meeting on field title investigation procedures � Provide County Assessor's estimate of fair market value for each parcel • Provide tax and special assessment information along with the agency levying the tax or assessment • Provide property valuation data from public records • Verify ownership and document concerns of property owners affected by the project with a personal visit to parcels where ownership is local in nature • Document parcels existing conformances and non-conformances • Complete Field Title Report, including documented landowner concerns—recommend modification to and construction plan due to landowners concerns, if appropriate • Additional photographs of items of interest/concern for future reference and communication • Provide copy of Field Title Repart to appraiser • Correct changes impacting property ownership and the drafting of documents 1 � K • � i 3.1 Offers to LandQwner • Written offer to owner • Summary statement of the basis of the offer • Guidebook for Property Owners (property rights brochure) • Complete offer packet including conveyance documents • Form IRS W-9 • Frequently Asked Questions sheet 3.13 Minimum Compensation Reports • Prepare individual minimum compensatian reports for each awner occupied total take property 3.2 Negotiations • Biweekly status reports • Final report of negotiations • Documentation of administrative settlements • Full, original parcel file � Signed and notarized documents • Clarification of appraisal questions with the appraiser through City Real Estate Supervisor • Send offer by certified mail or present in person • Meet with affected property owners, present the purchase offer describing the final road design and its impact upon the property, and explain City's process of appraisal and damages • Review with the property owner the appraisal methods employed, including the difference between campensable and non-compensable damages • When appropriate, report to City all ofFers on behalf of the property owner to negotiate a settlement higher than the offer. Negotiate for administrative settlement in situations where appropriate. • Prepare Last Written Offer after concurrence with City and City Attorney • Contractor will conduct ail direct purchases in accordance with State's Right of Way Manual and the 49 CFR Part 24 — Uniform Relocation Assistance and Real Property Acquisition Regulations • Contractor's Direct Purchase Agent will contact all property owners and perform all the functions necessary to acquire the needed right of way by means of direct negotiations. Final written offers will be made by the City. When offer is submitted in person, purchasing real estate representative secures owner's written acknowledgment. • Upon acceptance by the property owner, secure required signatures on the documents necessary to consummate the transaction and personally notarize necessary documents • Maintain a written log in the file of each property being purchased documenting meetings, conversations, and other relevant occurrences. Arrange to procure the necessary legal documents upon acceptance of the offer. • Represent the City of Golden Valley in a professional and accommodating manner in all aspects of purchasing activities � Contractor's Project Manager will certify that the Direct Purchase Agent has no personal interest in properties being acquired • All completed direct purchase files will be returned to the City of Golden Valley • Contractor will prepare a contractor direct purchase file for all files not yet acquired at the time of initiation of eminent domain. The contractor direct purchase file will consist of the following: 1, Copy of Ownership Form 2. Copy of Field Title Report 3. Certified Offer to Purchase and Statement of Compensation 4. Copy of appropriate sections of appraisal 5. Originals of tax and assessment data sheet, file copy of right of way plat map, signed offer letter, original of Contractor's Purchasing Agent's report (copy in the permanent file), and all appropriate direct purchase documents (one copy of each direct purchase document in each file) • Contractor's Direct Purchase Agent may recommend an administrative settlement memorandum where appropriate. Contractor will provide biweekly status reports on the direct purchase process to the City of Golden Valley. • Obtain partial release of mortgage, or consent, as necessary on parcels that are non "TE only" • Maintain contractor's log by parcel of property owner unique circumstances, special needs, or negotiated settlements impacting construction. 3.3 Relocation Services • Provide relocation advisory services • Provide all required notices, including Notice of Eligibility, Notice of Comparable Housing, and Notice to Vacate, . Assist praperty owner with appropriately filed relocation claims with documentation for payment • Maintain property owner contact log and file for audit 3.4 Eminent Qomain -Gondemnation • Provide necessary technical support for the City Attorney • Assist the City Attorney in preparing for the hearing on petition • Assist in preparing City staff to provide engineering testimony. Agents may be aware of certain design issues that are contested by the landowner and may require special preparation by the engineer. • Provide a summary statement for each parcel that is not acquired through direct purchase to assist the attorney in understanding the issues resulting in stalemate such as value, design, purpose and need, etc. • After the hearing on petition, Direct Purchase Agent will continue negotiations if there is a possibility of a reasonable settlement with property owners Section 5. City Parf'ciRativn The following points include items or tasks that are understood to be provided by the City, or are items that if provided, will improve the success of the praject. • Project oversight and direction • Copies of any public comments, prior communications with property owners, etc., that would be helpful background to better understand specific landowner concerns or history. We want the landowners to know that their prior comments and concerns were taken seriously and have been passed on to the acquisition people. This builds trust with the landowner and saves time. • Provide studies or reports that include comments or helpful project information (project memorandums, environmental documentation, etc.) • Timely project reviews, approvals, and authorizations • Copies of all pertinent project correspondences and project data • Attendance of key personnel at meetings • Electronic base, design files, and topographic mapping files from City Project Manager � 0 N � N cr7 I I � � � � i � o � + � o O O fA ,I ; I � �� ----- � w cros �n� i ; I II il II � � YS u a� x L, eF ww8 _ W � .�-� b Vl E x x c�X�' i � �°n ° 250 � I v� � $ �•" � y � � ao � I � �� ;� 04 � a � .� � i $ �i ��$ o°, °o, °o, $ `�, � ° g' �� $ �S � $ � � � �,�,o � ao � � � o � N C`i N� V N N � Q H H 0 � . i9 69 V!H K EA!A 0 Q � `o 0 o� °v v°+' $ '^ N N 0 .�Q. '.,;N N N�-+ M N' cV� n i � � �� !. r i .� � � 5 � p O A . [r �;�N O O N NI �N � �1 � � � 0"'7 !F; a i V ,"� � V1 y ��':I ,..... �..� I ao � � � I q� 00 Vl C, O °�L7 � G '\N o II O O N �N V' u O � � � � � I.. � � O �I3 �,: .� ._ 00 y ��' Q1 � N �' �^s§ , ++ � ~ ,�o�� o � a 3� Et ° �'r4 � O°$ N N� � v� ��-- �, U � � y �� rJ� .o V A 3 ,r; � ,� ' v � '� � � � 5� ' ' W .,., ,� �, ; � � A � ° � � ° ,u;: � r :� � � m; � � E � � � ''�' $' � g ��°p. � � �, c� O �'S- y� �j {Up µ C C �C � O � � �'�� '- : � ;� �' � p � ll N � ,p O�c �� : t. m ,� a > > 5 � �� A ,��g N� o�� 5j � � � .� y � E'�v, g �3 N� m .�'. � � -� _ N� 'C �' o) �V I rO� 5'V S- u,° a` +� ti �, � �p � � V� s ots �' V � �';� � c3 + ay`Z .,n06 m o � ° � � 3 � :� �3Q V �p �' r� �i'� '� �,`:d �� V o , � � �� m ° m � C� � �` �' f4 g� Q<�:J ° � � ma k� °' �'� E •� g 'c`�' � � A�•� '� �' � �i `�'°' ��§ �� m�- °' � i�i 7 Q rp o u� ",� c d ° C u ^ . m t� 3;�; C W� �Q ��'Q �C �� j �U � }� C�� C� (� at '' 1�1 g � 7p lO y y � �, J q R�. � � i � `� � � y? 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Q o. � U • Updates to title information at regular intervals to check for any changes, new mortgages, etc. (in addition to information and changes discovered by the agent while communicating with the landowner) • The City will place proposed right of way on parcel sketches using guidelines found in State's Right Of Way Manual • Staking of existing right of way, new right of way, easements, etc., for appraiser and for viewing during field title investigation & construction • Legal descriptions • Example formats for conveyance documents or ather documents and provide legal review of documents once our team has populated the standard formats provided by the City Attorney • Legal review of title work by City Attorney to ensure that all interests in property are being addressed. Our proposal does not include legal services and therefore it is important that the City Attorney assist on an oversight basis to ensure all proper documents are used and that all parties that need to be included or addressed are addressed. • Record/file documents at the courthouse • City Board will establish just compensation for each parcel �`ection 6. Schealule & Tinting The City's goal is to have title & possession for a spring 2015 possible letting. Utility work will be required, but there is na schedule available yet for the impacted utilities that must be completed prior to road construction. If we assume that spring 2015 means title & possession by March 15, 2015, then the condemnation petition must be delivered by December 15, 2014 for the 90 Day Quick Takes process. The offer negotiating process is a minimum of 30 days, and at least 2 weeks for Last Written Offer, with final offers being made by November 1, 2014. City Council Action is necessary to establish Just Compensation and offer packets need to be assembled. That means last appraisal completion date is approximately October, 1, 2014. Working the schedule form the other end means the appraiser cannot start appraisals until descriptions of the acquisitions are determined, parcel sketches are completed, and the ROW is staked. Every effort should be to complete the parcel sketches by June 1, 2014. This will allow the appraisers 90-120 days to complete their reports. The schedule is attached for reference and confirmation of aur understanding and acceptance of being responsible for items we are responsible for and under our contract. As stated above, the schedule can be accomplished if all parties are committed to maintaining the schedule. We will be most deliberate and intentional in fulfilling our abligations. SeetiQn 7. Cosf Proposal Attached is Exhibit A Cost Proposal that identifies key project personnel, division of responsibilities, and charge rates. The distribution of hours are estimates that will surely fluctuate in response to actual project needs. The important point is we have provided a reasonable amount of time in total to successfully complete the project. The Maximum Not to Exceed price is $204,000.00 or $3,580.00 per parcel for the 57 parcel project. We will only charge for the time &services provided up to the Maximum Not to Exceed amount. Detailed monthly invoices will be provided by parcel, dated & description of activity &time charged. Our billing invoice becomes a parcel by parcel status report. Section 8, l�esumes Attachments: Daniel H. Wilson Kathy Schmieg L.eah Traxler x N K Q r1l v N 1�l M �' N � T W N 7 � C N 9 D O q Z V 6 � � a �i p� N A Q 'J O z ° � r v a � -, �' A o o w V� fi m > a ni c �'s`�+„,� c � c o �... � � o+ � ', ' v v � �oo m' 2 o ��vt;c'+"s � w-�� R ^2 iCw i'�'.k'�� O U3 � '�-r � 4 c� � � ¢ nio �' p � L r 3'�i a l� � V a �'73,u e�� .� O ¢ �;��.,a� o a �� a � a :ti� � � � � �,° �, > � 3 � " ,;�u,� m `� � �`�-- � o LL � _ ; � �, .H�: ,„ W � ��x ~ 3 �-7!i>`-*:.5.��: � L t � � W �� fi R 2 0 C O + y� W � u o �s;�t�,� ~ � > ; � " p � Z `+`��'.4�:�' w Ut'i `y5'e�� O ♦^ 0 sF H w « •��.�..� � H � i�y a.y� _ VI / U 7 t��_' Q > � #'^`. = q��` � �{�� { '�:�:.'i �" O t�e 3: N � �f.�st'..: Q '�r�:4"�r`... � � �' `w � c `o a� m c � � $, �t oa d " � � �n u, �n a u, �n �n u, u, u, u, �n �n �n �n �n � �. � Z. � oo o � � oo � o o � oo � oo 00 00o Z � � � � �' .�' i3F- c:> u33 3 � � � 3u 3 3 � 33 � 33 33333 uaaa a 'u u N .� �� o � � �, _ a � � � L 9 � � � � � � � � � L �j a m � � � � � _ � � `� � � � � � � � .� � Y � $ � � o e � -�8 � � V " � c � y �� p � 3 E �' � � � W � � .� m � � � d � mzW $ 8.Q � � � � e S � � � `� �� . � `m a�i ari � .g'� � .� � � y � c � N .i� � S at ,yb' o� �� ° � —° '� �9 � m a� < � o a � � � �� v� � � � `� V �° � � a � � � 75 � � ,� � � � � Y0 � � � � � g °% � � ny IL � a > c � o � rS c3 H '° � '��' � $N U � � � 'it` � � � E m 's m � � �:� � �''S 'S 8g� g � � F � � � � a _ �L � � �m � � � � r� � m P� �^ � ��' `�' �' � �� .� � o � � :�'� � � m � v' � n. � a � C�.'' aa � w cn ¢ � v z `�° a v � z zzz � t� c� i- � i 1= ¢ Q Daniel N. Wilson, Chief Mana�er Wiison[levalo{�ment Services E.LG .,�,� ��..�� 51U N Ch�stnut Street,Suite 20a Chaska,MN 5531$ �s2-a��-assojsvo-aas��o l�resfessicsrtai Registratic�n f3an Wiis��s established Wilson Development Services in 1981 as a real estate develapment • Rea1 Estate Company consulting firm speciaJizing in acquisition and relocation services.He is holder of a Minnesota • Licensed Real Estate 8roker Real Estate Brokers'License. Dan has provided such services to public agencies,non-profits + ticense#RA-88729 and private developers for over 40 years.Dan has served as an instructor for Minnesota D2partment of Transportation,Repartment of Housing and Urban Development,NAHRO and ��°��P°��'��p��i°�� Hennepin County Bar Association Eminent Domain Cornmittee. Dan recently participated in a • Internationai Right of Way seminar addressing the revisions to the Minnesota Eminent Domain Law regarding minimum Associafion compensation and loss of going concern.Dan is supervisor for all emplayees and work.He is • Minnesota Association of Realtors • Minneapolis Area Association of the client contact person in all matters.Below is a samplfng of the many projects in which he Rea/tors,Member and Professianal �as been involved. Standards Committee • Chaska Chamber of Cammerce �0��'��and Resir�eniiat AcquisitiQr�s and Reltrcations thro�tg3tout E�!'snnesota campleted ficsr; • County Highway Departments • School Districts ��;��g • CDA's&HRA's • Non-Profit Agencies • Cities • Private Entities �tniversitv crf tltiinrsesaia • Airports • Bachelor of Science,Marketing • Graduate Work in Marketing, ��u�y�ompensation Value Reparts Finance and Economics • Counties of Anoka,Carver, Dakota,Hennepin,Ramsey&Scott • Cities of Big Lake,Maple Grove,Rockford for gas stations,autorepair,car wash and �t�al Estate Eciucatic��t residences. • Continuing Education for licensure since 1981 Saasiness Relocatlons for: • Cities of Bioomington, Brooklyn Center,Cottage Grove,Eagan,Rosemount and more, t�1�sE�pT gzly��(�pp�({��}�S�j�� including Restaurants,Gas/Convenience Stores,Laundromats,Auto Dealerships,Auto • Relocation&Advance Relocation Repairs Medical Practices,Beauty/earber Salons,Dance Studios,Martial Arts Studios, Gasses Bowling Alley,Sporting Goods,Construction Yards,manufacturing plants,4,000 hogs, • Mn DOT ROW Annupl and much more. Conferences since 1999 ��ation AppealsJExpert Witness • City of St.Paul,Auto Shop + City of Chaska,Cabinet Shop • City of eloomingtan,Restaurant • City of Eagan,professional Office • City of Savage,Trucking Company • City of Goiden Valley,Laundromat F're�pprc�ved The Minnesata Court a#A • MnDOT far Field Tit1e,Direct ppea�s identifies Dan Vrlilson as an"Expert iNitness", Purchase,Relocation Re�c�eat�on Flans • Hennepin County • Aeon-Har Mar Project • Scott Caunty CDA + City of Minneapolis . Anoka County • Whispering Oaks Mfg. Home Park • City of Hopkins • Worthington East Creek Mfg.Home Park Replac��nent Nausing Studies U"c/iisan C3�velcaprr�ent Seruice,LG£', • Counties of Anoka,Dakota,Scott is a L'ertifi�d Smatf Bcrsr'rr�ss • Cities of Bloomington,Maple Grove,R9ckford Ent�rprise under��7`. 3VtreE�t�f Prcrjects-�ietd Title,Direc#Purthase ans3 t�e#crcativn • Annandale TH 24 • Northfield TH 3 • Buffalo TH 55 • Owatonna TH 14 • Delano TH 12 • St.Michael TH 241 • Long Lake TH 12 • Waseca TH 14 • New Ulm TH 14 • Worthington TH 60 04-2013 ..---- -......... l��thy J. Schmieg, Associa�� Vi�ils+�n peveloprner�t Seruices LLG � 510 N Chestrsut Street,Suite 20� ��..�� Chaska,I�f#P15�318 � 952-448-453t� 840-448-4530 / �r;a�e��ic�r�af Rc�3strati�sn ��ifr�y�chr�ieg:Kathy is a licensed Minnesota State Realtor since 1985 and has 12 years of MN Resident Real Estate License xperfence with WDS. Prior to joining Wilson Development Services,Kathy was a licensed #666334 abstractor and realtor. It was Kathy's excellent work for MnDOT Highway 14 project that Realtorsince 1985 resulted in District 7's first major contract without the need Por condemnation. it is Kathy Notary Public and Dan that hoid our current"best effart record"of 233 ukility easements for the City of �,�,��,�,��i��y� Buffalo in a 6�day period,with only one parcel going to condemnation. Minnesota Association of Realtors Minneapolis Area Associatron of Kathy skillfully moves through the acquisition and relocation process utilizing her negotiation Realtors skills with respectful communication for all involved parties. The resu{ts are fair and timely settfements far bath the displacee and the agency. �duc��icrn �¢>al Estate EduCatic�n EXP�FtIENCE Continuing Education for �'��,g��y licensure since 1985 . Dakota County Dodd Blvd.Project,24 parcels Previous licensed Abst�actor • MnDOT Gayford Project, 44 parcels • Dakota County Cedar Avenue Project,81 Parcels �''"""�}�"��`�`��3t��`4��`��k�t� • MnDOT TH 14 in Waseca and Steele Counties, 115 Parcels Relocation&Advance Retocation . MnDOT TH 24 from Annandale to Clearwater,82 Parcels Classes • Benton County CSAH 29 Extension Project,12 Parcels MnDOT RaW Annual Conferences . Ghisago County GSAH 22,82 Parcels since 2005 • Great River Energy,29 Parcels , �[r��ar Acquisitian J • MnDOT Worthington TH 60 Mankato State University, , project for Pride in Living Mankato,MN 1971-72 . Anoka County i�r��?�T F're �L�alific�tior � � � City of Rosemount � Pield Title Rei�catfan-t2�sidential Acquisition • Minnehaha�reek Watershed District Business&Residential Relocatian • fraser-Hopkins Project • Neda-Wabasha Street, Mciean Avenue • MnDOT-Worthington TH 6Q,Delano TH 12 • Cities of Brooklyn Center,Eagan,Austin • Aean Homes-Franklin Avenue Gateway,Har Mar • Counties of Anaka, Dakota,Hennepin and Scott Reioc�tican-Business • Aeon Homes-Renaissance Box Project • Cities of Ramsey,Stapies • MnDOT Worthington TH 60, Delano TH 12, Northfield TH 3 Fteplac�m�nt Nousing Study + Counties of Anoka, Rakota,Scott • Cities of Bloomir�gton,Mapie Grove,Rockford,Staples,Brooklyn Park • MnDOT Worthington TH 60, Waseca and Steele CountiesTH 14 I�Einimtsm�czri't�ensatic�n�lalue Report • Counties of Dakota, Hennepin,Scott and Ramsey • Cities of Big Lake,Maple Grove,Rockford,Staples and Braoklyn Park 03/"L014 �.,�ar��1�`��.' �3. �1`�3��E�", �S�(3Cla��f." VNilsan Cleuetopment Services LtG � ��Q FT 4��..�%L��l Jl�..,+�kJ S��i�LVil ��``•+,/�,�� Li�e3ft��tYlIY.7J.71f./ � � 352-44$-4634�J800-448-4fi34 Pr�afe�siar�al Re�istraticsn • MN Real Estate Salespersan ��y`�raxier is a licensed realtor with twelve years of experience. Leah successfully seitled 94 License#20402240 of 96 strip takings easements in McLeod County in four combined projects and 39 of 39 • Notary Public assigned parcefs in Dakota County. Leah provides support and in depth research services to �r�rfessiar��si A,s�aci�tians Dan. • International Right of Way Association Member Her persistence results in successful project outcomes and fair negotiated settlements for the • Minneapolis Area Association displacee and the agencies. of Realtors EXPERIENCE Eci�aca�ic�rs �ight of ihtay • University of Narth Dakota . City of Maple Grove,17 Parcels 1986 to 1489 • MnDOT 24 Annandale to Clearwatar,82 Parceis,GayloCd TH S, 19&22,44 Parceis • Mcleod County,CSAH 2,CSAH 7,and CSAM 15,CSAH 23,96 Parcels ��`��5��'��°°� • City of 8uffalo,5`h Street Extension Project,24 Parcels • Continuing Education for . City of Lino Lakes-Lakeland Drive, 16 Parcels licensure since 2002 • Dakota County Cedar Avenue Transit Way,81 Parcels • Registered Reai Property . Scott County,CH 17,20 Parcels,CH 44,11 Parcels Appraiser from 2002-2006 • Great Riyer Energy,29 Parcels • Metropolitan Council,East BethePand Excelsior,62 Parcels h.�tnDt)T& �!<�tiarr�l Hv�rY lnstiiut� qcquis'stiv�t • Re(ocation&Advance . City of Ramsey, Misc.Rrojects Relocafion G(asses • Gity of Rosemount,Library and DT Develapment Projects • 11�1nDOT Right of Way Relc�eat'sc+n-Residentiat Profession al Workshops- • Dominium-Temporary and Permanent relocatian • iRWA 8usiness Relocation • Aeon-Har Mar Apartment Project + 1RWA Principies af . Cities of Austin,Bloomington, Buffalo,Eagan, Mapie Grove, Mankato, Ramsey,St. Engineering Peter • Dakota,Scott,Washington Counties �.n�•rDC�T Prequalif'iecf . Twin Cities Mousing Development Corporation • Field 7'itie lnvestigat+on ��,�cation-Business • Acqursitian • Greater Frogtown CDC • Business Relocation • Aeon • City of Fridley • Dakota County CDA • City of Monticeflo Retocatic�n Plaris • Dominium-Minnesota,lowa,South Carolina,Texas • Aeon-Har Mar Project • Christian Restoration Services-3003 Penn Ave.Apt. Project • Fraser-Hopkins Apt Bidg. Project �?e�alacement l�fcsusing 5tudy • Cities of Bloomington, Buffalo, Mankato, Ramsey,Rosemount • Aeon-Franklin-Portland Gateway • Dakota and Scott Coun#ies i�r7'snimtsm�crrnpei7sat��n Va(u�R��srrt • Dakota County Q3/2013 �� ?� '` Public Works Departrnent 763-593-8U30/763-593-3988{fax) �.m., �=s ,� _ :� Executive Summary For Action Golden Valley City Council Meeting April 1, 2014 Agenda Item 3. H. Authorize Contracts for Professional Services with Ruppert Appraisal & Consultation, Inc. and Patchin Messner podd & Brumm for Real Estate Appraisal and Review Services for the Douglas Drive Reconstruction Project Prepared By Jeannine Clancy, Director of Public Works Eric Seaburg, EIT, Engineer Summary At the November 19, 2013 City Council Meeting, an agreement with Hennepin County was authorized for right-of-way acquisition for the Douglas Drive (CSAH 102) reconstruction project. Acquisitions for this project are necessary to provide sufficient space for the proposed corridor improvements. In total, there are approximately 58 properties from which the City needs to acquire right-of-way. The acquisitions vary in shape and size along the length of the corridor. In many cases, the acquisition is a "strip acquisition" in which 5 to 10 feet closest to Douglas Drive must be acquired. Under state and federal Uniform Relocation Act Laws, property owners are entitled to fair compensation for property acquired for public purposes. In determining the value of the compensation, the City is required to have each property appraised by a licensed appraiser. In addition, the appraisal must be reviewed by an independent, licensed appraiser for determination of accuracy. Staff has obtained a proposal for professional services from independent appraisal firms to generate appraisals and review appraisals for the project. While the proposal includes all work to be completed by both appraisal firms, the City will enter into a separate contract with each firm. The combined not-to-exceed value for both firms is $126,000. Attachments • Real Estate Appraisal Proposal for Appraisal and Review Services for the Douglas Drive Reconstruction Project from Ruppert Appraisal & Consultation, Inc. and Patchin Messner Dodd & Brumm, dated March 24, 2014 (3 pages) Recommended Action Motion to authorize contracts for professional services with Ruppert Appraisal and Consultation, Inc. and Patchin Messner podd & Brumm for Real Estate Appraisal and Review Services for the Douglas Drive Reconstruction Project in the amount not-to-exceed $126,000. March 24,2t7t4 Jeaxuune Cl�ncy,Public Warl€s.I7irectqr CITY OF G4LDEN'VALL,EY ?840 Crolde�Valtey Road Go�den'Yalley;MI�I S�A�27 R.E: Real �state Apprais�l Propasa! Appra�sal and Review Scrvices Dau�las Driv�Reconstiuctian PTOject D�ar Ms.�lancy: This letter is,intended to be a:mernorandum of.i�nderstandi�g co�cerning Che etYgagernent of two appraisal fir�=f'vr the purpose�af rende�in�rea7�state appr.aisal and appraisal r�view�servic�s. Tt is aur underst�ndiiig that the�city. of Golden.Va�ley(��City"}intends to c+ompt�te the Dt�ugl�s Drive R,,ec�nsETUCtioi�Projeot: As a riesuIt,tihe City neei�s tci aequire additibrial rigi�t-of�way.fram 58 pcaperucs.; A.�appraisal:repor�will:n�ed to be completed on each o�ih�pxoperti�es,and that appraisal repart wiil neea to tie reviewecl tivitl�a se�arate:appraisal revi�tv`report. This mesnorattdurri t�f understantiuig.includes che ab.ave-referenced appraisal wock which will be compteted by iwu se�parate appraisal �iims i.ncluding Ruppert Appra�sal &Ct�nsultarion, Inc.{Scatt J.R"uppert}and Patchin Raies�ner Dadd.8�Bnurun(Ja$az�L,Messn�r),bQth of wtaich�uill enter inio s�parate contxaets wvith t3ac�i�j�. �`he overall appraisal �vvrklcrad.will �e divi�ed bettiuecn tliese twa appraisa}frr�s with�ach corngleting app.r�isa�reports and appraisal revz�w reports. APpRAISt#,L SERYICES Fifl,y-eight.p�ope�fies vi+il!be ap�a�ais�d a's part�f Che'Doiigla�DTi�%e Reconsiructior��'roject. �our af the�e.pr+�pezties hav�6een iden�ifi�c'i as total�cquisitions antt th�r�inainder.are partiai.acquisitions. tn th��'ase�af'totai acquisititii�s,th�p�tipose Qf the appr�isal v��ill t�ta develop tt,current ap'inion of m�rlcet valt�e#'ox the propeity. I�the ease of:a partla!:acquisition. the purpo�e of the appraisal wi tl 6e to deve.Irsp an opi�itrn of inark�f value for the property befoxe and after tbre aequisifion, In thase cases w�ere pz�rje'�t iznpacts do inat app�ar to a�f'ect the coritribufory value af improvenients,zi is aixticipated:tt��t only the land r�riil b�val�ued;:before and�after the seq�aisitiorz.witl�affe�t�ed sit� imprauemeriYS direc'tly vatued separateIy. �lternatiuely,if the�a�:quisitions appear to af�ect�rrtdJctr pc�tentially cause severance da�na�e to tbe improvements,tI�c�s�prop�rties`�iII be appraised as irnproveti. The appraisers xequire parcel sicetches,ccir�sh�ucticrn plans,a descxiplion.c�f'the Proj�cct,and phone numbers af'each.prc�p�riy awn�r ta arrai�ge i�is}reclion vf the pcoperties. Dougtas I?rtve 1'ro�jext Ma�ch 2�,ZOl4 Page 2 of 3 REVIE�:SERVICES An appraisal review.tivil.l need W be cainple�e�i on,each reat estatc a�gra'rsat.rcpor[; The g�rpase of. Yh�e review Wzll tse to de#erazii�e�tlie qiialitY:aPAr+ogri�tene�s ani�completeitess af'the�ppia?sa]repc�rt, ai�d to deteimine�the reason,ableness of th�aPpraisal conclus�or�s. ESTINIATE�3 COST+�}F SERVIC,�S Based�n the parcel sket¢hes and right-bf-way plarzs•provided t�iiate,the estinnated f�es for re�! estate appraisal'.and appraisal revrew services are.5cunmarized in,tha chart l�elow. _� �E�'��D��C'OS�'�+t?�'a�'-#"�k��R"�'�C�S �. , � . .,:�sts�f�� . f$ � A isaC .'rts- �� =97.4{}0 58 Review.Re` rts $.29,OC?�1 _ ...,.,. , . . , . n. , . -, , � t . � ., _ ,: . - A xctaincr is na;required. Howev:er..periadic progres.s�bi.Ilings.for work.perfarmed wil!be subinitted. to'the•Cz#y far p�yment by botH.ap,prais�l fiiit7s, The total,bilHngs�by both apprais�l firsn.s will nai ��ceed ihe total estimated fee outlined abave far a1t of�he:.appraisal rcpores a�d review reports. The G[ient agrees,t�campec�s�te us witliin thirty(3Q)d�ys.:ai�er invaiced an�a 1:�f°!o per xnontlY caring ehar�ge dn any unpaici tia�lanc�: If`c�ll�ctiori is_neoessary,fihe client agrees to pay all.costs o,f collecti��n.including reasanabte attbmey's-fees. "Cime:afjter delivery of appraisaI and/tir review repc►rts„ if»ecessary,tvitl 6e invaiced sep�ucately Rn.an h0urly basis; RQport upda#es,.consultation and/or mee#ing�will be iirvoi�ed at��OU per hotu`. Pre- tri�.l preparafiian,depositians anc�'or testiiriany wilJ,be.invoiced�at$29� per hour. All real esst�te appraisa! a�Yd cansultation servic�s shall be per,foxmied in conFor�azic.e wiil�the Gode of Ethies of the 1lppraisal Tnstitute and in com�lianee witli tlie L7�ii#'orrn Stazidards of Pr+afessianaI Appraisal Practice(U$PAP). Scott J. Ruppecrt and 3ason L.Messner are hoth members of fh;e Appraisal institute: �If:you agree with the terms of this prapasal,please si�n the suthoriz�tion Yselow�nd r$iurn on��caPY of filiis tiocument tt�,us. �n any event,we appr.eciat�yaur cans�d�ratit�n ancl please feet'free:to cout�ct either af tis wrtli ariy questions or cairias�nts: I�oa��as Drive.P�:o;f eet 1'Karcli 24,.��4 Page�3 of 3 Resp�ct�iaaly sutr.'rriitted, RU�PPERT ARPRATS.�:L&CQ1V'SUI�T �_ t?:N,.ING, S��att J. uPp�er� Pr� �d'e"nt Ruppert A�praisal8a Consul't�tion,lnc.: 14$d t�hite Oak privc �Cliask�;A+IN 5531.8 :t�s��z2a-sass FATCI3IN 1VIESSNER'DOl?D:;,$��.BRUMM C��- ��x�.Q1�---- .7aso I.:I�+iessiie"r, Presiti�nt :P.azchin�M.essn�r Dc�dd&Bn�mm Sunse�•Pohc1 Ex�ctifir�e Offices �1396'7}�est Preserv..e I3outevard Biirr,svill'e,.; MN 55�37 �(95�)5�95-1?0� S:IR/jati. �Lxc847"�: �'l��1 Q� Fin n a ce �cra.rtm�nt 763-593-8013/7b3-593-8109{fax) _�� _ �� ,.f��i��i . . ._......�� :.� .�� , �� . �...� � ��.m= , ��:. �� ...�� Executive Summary For Action Golden Valley City Council Meeting April 1, 2014 Agenda Item 3. I. Receipt of February 2014 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 February 2014, the City uses $1,431,142 of fund balance to balance the General Fund Budget. Attachments • February 2014 General Fund Financial Reports - unaudited (2 pages) • February 2014 Conservation/Recycling Fund Financial Report - unaudited (1 page) • February 2014 Water and Sewer Utility Fund Financial Report- unaudited (1 page) • February 2014 Brookview Golf Course Fund Financial Report- unaudited (1 page) • February 2014 Motor Vehicle Licensing Fund Financial Report- unaudited (1 page) � February 2014 Storm Utility Fund Financial Report - unaudited (1 page) • February 2014 Equipment Replacement Fund Report (1 page) Recommended Action Motion to receive and file the February 2014 Financial Reparts. City of Golden Valley Monthly Budget Report-General Fund Expenditures Februa , 2014 (unaudited) Over % 2014 February YTD (Under) Of Budget Division Bud et Actual Actual Budqet Expend. 001 Council $294,840 27,649 48,122 ($246,718) 16.32% 003 City Manager 762,980 49,498 87,264 (675,716) 11.44% ooa Transfers Out 294,710 0 0 (294,710) 0.00% (1) 005 Admin. Senrices 1,676,280 64,571 149,864 (1,526,416) 8.94% oos Legal 135,000 8,105 8,105 (126,895) 6.00% (2) 007 Risk Management 300,000 1,233 4,612 (295,388) 1.54% o�� General Gov't. Bldgs. 556,990 50,589 55,678 (501,312) 10.00% o�s Community Development 997,740 75,171 133,532 (864,208) 13.38% ozz Police 5,202,175 382,484 722,568 (4,479,607) 13.89% oz3 Fire 1,200,190 84,314 179,357 (1,020,833) 14.94% 035 Public Works Admin. 334,315 26,446 48,443 (285,872) 14.49% 036 Engineering 691,880 41,845 63,910 (627,970) 9.24% 03� Streets 1,429,410 127,428 258,614 (1,170,796) 18.09% 065 Community Center 74,100 4,229 6,688 (67,412) 9.03% oss Park& Rec. Admin. 679,345 48,100 93,798 (585,547) 13.81% os� Park Maintenance 1,051,490 60,184 115,884 (935,606) 11.02% oss Recreation Programs 502,830 20,465 34,704 (468 126) 6.90% TOTAL Expenditures $16,184,275 $1,072,311 $2,011,143 ($14 173 132) 12.43% (1)This transfer will be made in June, 2014. (2) Legal services are through January. City of Golden Valley Monthly Budget Report-General Fund Revenues Februa 2014 Percentage Of Year Completed 16.67% Over % 2014 February YTD (Under) of Budget Type Budqet Actual Actual Bud et Received Ad Valorem Taxes $12,358,005 0 0 ($12,358,005) 0.00% (1) Licenses 210,785 21,761 30,551 ($180,234) 14.49% Permits 725,000 104,149 289,262 ($435,738) 39.90% Federal Grants 31,205 7,500 7,500 ($23,705) 24.03% State Aid 255,390 0 487 ($254,903) 0.19% (2) Hennepin County Aid 0 0 0 $0 Charges For Services: General Government 45,050 748 901 ($44,149) 2.00% Public Safety 163,870 16,013 20,924 ($142,946) 12.77% Public Works 141,000 12,227 13,884 ($127,116) 9.85% Park& Rec 525,270 20,118 36,809 ($488,461) 7.01% Other Funds 981,500 58,290 111,748 ($869,752) 11.39% Fines & Forfeitures 320,000 21,406 21,406 ($298,594) 6.69% Interest On Investments 100,000 0 0 ($100,000) 0.00% (3) Miscellaneous Revenue 227,200 14,305 29,863 ($197,337) 13.14% Transfers In 100,000 8,333 16 666 ($83 334) 16 67% (4) TOTAL Revenue $16,184,275 $284,850 $580 001 ($15 604 274) 3 58% Notes: (1) Payments are received in July, December, and January. (2) Police Training will be paid in August. Safe and Sober is billed on time spent. (3) Investment income is allocated at year end. (4)Transfers are monthly. City of Golden Valley Monthly Budget Report-Conservation/Recycling Enterprise Fund February 2014 (unaudited) Over 2014 February YTD (Under) % Budget Actual Actual Budget Current Revenue Hennepin County Recycling Grant 56,500 0 0 (56,500) 0.00% Recycling Charges 332,400 23,795 23,838 (308,562) 7.17% Miscellaneous Revenues 9,000 0 0 (9,000) Interest on Investments 5,000 0 0 (5,000) 0.00% (1) Total Revenue 402,900 23,795 23,838 (379,062) 5.92% Expenses: Recycling 447,135 22,190 26,481 (420,654) 5.92% Total Expenses 447,135 22,190 26,481 (420,654) 5.92% (1) Interest Earnings are allocated at year-end. City of Golden Valley Monthly Budget Report-Water and Sewer Utility Enterprise Fund February, 2014(unaudited) Over 2014 February YTD (Under) % Budget Actual Actual Budget Current Revenue Water Charges 4,251,750 256,281 357,435 (3,894,315) 8.41% Sewer Charges 3,300,970 268,997 346,104 (2,954,866) 10.48% Meter Sales 5,000 100 410 (4,590) 8.20% MCES Grant Program 118,730 0 0 (118,730) Penalties 110,000 1,569 2,787 (107,213) 2.53% Charges for Other Services 230,000 15,028 18,844 (211,156) 8.19% State Water Testing Fee Pass Through 45,000 3,974 4,152 (40,848) 9.23% Certificate of Compliance 70,000 7,950 13,450 (56,550) 19.21% Interest Earnings 35,000 0 0 (35,000) 0.00% Total Revenue 8,166,450 553,899 743,182 (7,423,268) 9.10% Expenses: Utility Administration 1,377,255 78,380 146,190 (1,231,065) 10.61% Sewer Maintenance 2,488,530 170,005 474,679 (2,013,851) 19.07% Water Maintenance 4,363,650 837,028 894,392 (3,469,258) 20.50% Total Expenses 8,229,435 1,085,413 1,515,261 (6,714,174) 18.41% City of Golden Valley Monthly Budget Report-Brookview Golf Course Enterprise Fund(3) February, 2014(unaudited) Over 2014 February YTD (Under) % Budget Actual Actual Budget Current Revenue Green Fees 880,780 0 0 (880,780) 0.00% Driving Range Fees 105,000 0 0 (105,000) 0.00% Par 3 Fees 173,200 0 0 (173,200) 0.00% Lawn Bowling 18,730 0 0 (18,730) 0.00% Pro Shop Sales 78,500 0 26 (78,474) 0.03% Pro Shop Rentals 227,800 0 0 (227,800) 0.00% Concession Sales 215,200 312 312 (214,888) 0.14% Other Revenue 70,155 0 0 (70,155) 0.00% Interest Earnings 6,000 0 0 (6,000) 0.00% (1) Less:Credit Card Charges/Sales Tax (35,000) (161) (161) 34,839 0.46% Total Revenue 1,740,365 151 177 (1,740,188) 0.01% Expenses: Golf Operations 655,995 40,059 76,400 (579,595) 11.65% (2) Course Maintenance 778,840 29,798 52,965 (725,875) 6.80% Pro Shop 105,705 159 11,463 (94,242) 10.84% Grill 177,910 230 230 (177,680) 0.13% Driving Range 48,075 69 69 (48,006) 0.14% Par 3 Course 3,500 89 89 (3,411) 2.54% Lawn Bowling 141,965 0 0 (141,965) 0.00% Total Expenses 1,911,990 70,404 141,216 (1,770,774) 7.39% (1) Interest Earnings are allocated at year-end. (2) Depreciation is allocated at year-end. (3) Course has not opened for business. City of Golden Valley Monthly Budget Report-Motor Vehicle Licensing Enterprise Fund February 2014(unaudited) Over 2014 February YTD (Under) % Budget Actual Actual Budget Current Revenue Interest Earnings 3,800 0 0 (3,800) 0.00% (1) Charges for Services 396,410 27,928 54,381 (342,029) 13.72% Total Revenue 400,210 27,928 54,381 (345,829) 13.59% Expenses: Motor Vehicle Licensing 400,210 26,436 49,826 (350,384) 12.45% Total Expenses 400,210 26,436 49,826 (350,384) 12.45% (1) Interest Earnings are allocated at year-end. City of Golden Valley Monthly Budget Report-Storm Utility Enterprise Fund February, 2014(unaudited) Over 2014 February YTD (Under) % Budget Actual Actual Budget Current Revenue Interest Earnings 45,000 0 0 (45,000) 0.00% (1) Storm Sewer Charges 2,226,920 192,992 321,039 (1,905,881) 14.42% Bassett Creek Watershed 998,800 0 0 (998,800) 0.00% Miscellaneous Receipts 200,000 26,168 26,168 (173,832) State Grant-Other 0 0 0 0 (3) Total Revenue 3,470,720 219,160 347,207 (3,123,513) 10.00% Expenses: Storm Utility 2,474,535 74,205 245,309 (2,229,226) 9.91% (2) Street Cleaning 124,690 33,834 33,834 (90,856) 27.13% Environmental Control 309,225 16,417 30,686 (278,539) 9.92% Debt Service Payments 433,510 384,213 384,213 (49,297) 88.63% Total Expenses 3,341,960 508,669 694,042 (2,647,918) 20.77% (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. 2014 Equipment Replacement Fund(CIP)-Fund 5700 2014 February YTD Budget Total Actual Remaining Revenues: Proceeds-Certificate of Indebtedness 750,000 0 0 (750,000) SaleofAssets 35,000 22,700 22,700 (12,300) Miscellaneous 0 0 0 0 Interest Earnings(allocated at year end) 17,394 0 0 (17,394) Transfers from DUI Fund 0 0 0 0 Total Revenues 802,394 22,700 22,700 (779,694) Expenditures: Program# Project Number Project Name Bond Expenditures 0 0 0 0 5701 V&E-001 Marked Squad Cars(Police) 35,000 0 0 35,000 (1) 5702 V&E-002 Computers and Printers(Finance) 60,000 0 0 60,000 5703 V&E-003 Imaging System(Finance) 26,000 0 0 26,000 5712 V&E-012 Asphalt Paver(Fire) 100,000 86,800 86,800 13,200 V&E-019 Computer Servers 40,000 0 0 40,000 V&E-069 Utility Tractor/Mower(Park) 25,000 0 0 25,000 V&E-071 Pickup Truck(Park) 45,000 0 0 45,000 V&E-084 Self Contained Breathing Apparatus(Fire) 300,000 0 0 300,000 V&E-089 Sidewalk/Maintenance Tractor(Park) 158,000 0 0 158,000 V&E-101 Unmarked Police Vehicle(Police) 30,000 0 0 30,000 V&E-111 Dump Truck(Street) 80,000 0 0 80,000 Total Expenditures 899,000 86,800 86,800 812,200 (1)Computers are replaced every 4-5 years and purchased throughout the year based on available time. �� Finance De artrnen r t 763-593-8Q13!763-593-8109(fax) __..__ � _� _ __. � :: �� ...� ,, m � Executive Summary For Action Golden Valley Council Manager Meeting April 1, 2014 Agenda Item 3. J. Approval of Golden Valley Fire Department Relief Association By-Law Article XI Increasing Service Pension Level Prepared By Sue Virnig, Finance Director Mark Kuhnly, Fire Chief Summary The Golden Valley Fire Department Relief Association (GFRA) was in attendance at the February 2014 Council/Manager Meeting with a request to increase their yearly service pension amount. The current yearly service pension is at $7,000 and would be increased to a $7,300 level if so approved by Council. At that meeting, the Council approved consideration of the pension increase at a future meeting. On March 5, the GVFRA approved the by-law change to Article XI. This change would increase their yearly service pension from $7,000 to $7,300. Council is required to approve a relief association's pension benefit level because the City may be required to make contributions to fund the relief association pension benefits. Attachment • Golden Valley Fire Department Relief Association By-Laws Article XI. Retirement Benefit (1 page) • Resolution Approving Golden Valley Fire Department Relief Association By-Law Article XI Increasing Service Pension Level (2 pages) Recommended Action Motion to adopt Resolution Approving Golden Valley Fire Department Relief Association By-Law Article XI Increasing Service Pension Level. Be it resolved by tne Board of Trustees of the Golden Valley Fire Department Relief Association, that at a meeting duly called and legally held at the Golden Valley Fire Department Station 1 Training Room, in the City of Golden Valley, on the Sth day of March, 2014, that the attached by-law revisions are submitted to the membership for approval, effective March 19th, 2014. ARTICLE XI. RETIREMENT BENEFIT Section I: Service Pension - An active member of the Association who leaves active duty with the Fire Department is eligible to collect a lump sum service pension subject to the following: a. Eligibility requirements: 1. Have left active service with the Golden Valley Fire Department; 2. Have completed at least 10 years of active service with the Fire Department before leaving; and 3. Have been a member of the Association in good standing at least 10 years prior to leaving the Fire Department. b. Amount of Benefit- Each applicant shall be eligible for a service pension of � $�;A987,300.00 per full year of active service as a firefighter with the fire department. c. Early Vesting Provision - In the event a member with ten years or more, but less than twenty years of active service on the City of Golden Valley Fire Department resigns, that person shall be entitled to the following benefits that represent the early vested portion of their total pension amount, reduced by four(4)percent per year for each year less than 20. The following table shall be used to determine the pension amount, less any accrued interest: Completed Years of Service Early Vesting Reduction Pension Amount 10 40 percent $ 4��4_^,.�0(} 11 3 6 percent $ 4-��?,'�AS 1,;9? 12 32 percent $ �;�-�SS��,SE8 13 28 percent $ .{��3�868,328 14 24 percent $ �4;4-�877,f�72 15 20 percent $ S4;AAA87,60Q 16 16 percent $ �898,112 17 12 percent $ -�-84,-��}109,208 1 g 8 percent $�-�-5�E1120,888 19 4 percent $ -1-�?,-C��(�133,152 20 none $ -�-4fl-,��A9146,000 More than 20 none add $�37,300 per year � 1 Resolution 14-29 April 1, 2014 Member introduced the following resolution and moved its adoption: RESOLUTION APPROVING GOLDEN VALLEY FIRE DEPARTMENT RELIEF ASSOCIATION BY-LAW ARTICLE XI INCREASING SERVICE PENSION WHEREAS, the Golden Valley Fire Department Relief Association has by-laws governing their process for active duty; and WHEREAS, an active member of the Golden Valley Fire Department Relief Association is eligible to collect a lump sum service pension subject to Article XI of the by- laws; and WHEREAS, the City of Golden Valley may be required to approve a relief association's pension benefit level, and also may be required to make contributions to fund relief association pension benefits; and WHEREAS, the Article XI relates to a section of the by-laws; and WHEREAS, the Annual Service Pension amount approved is attached; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Golden Valley, Minnesota, as follows: Approve the Annual Service Pension in Article XI to $7,300. 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 14-29 - Continued April 1, 2014 Com leted Years of Service Earl Vestin Reduction Pension Amount 10 40% $ 43,800 11 36% $ 51,392 12 32% $ 59,568 13 28% $ 68,328 14 24% $ 77,672 15 20% $ 87,600 16 16% $ 98,112 17 12% $109,208 18 8% $120,888 19 4% $133,152 20 none $146,000 More than 20 none Add $7,300 er ear �� t � �� Plannin De artment ��. �'�� g p 763-593-8d95/763-593-8109(fax) t��, ° __ r„�.�: "- -: it d,.:1t��iioal� " � i r ` -' '�r'.�'� 1�IOA�J i' r�� ': - rb v k;�Y'i �.E� R� �a�:r e W.. -s "� ��i,"�� e��o��.�6}:_ �,�,��i�ika� �,a�;s a. ._ :. ��;"r4 �fl.A Executive Summary for Action Golden Valley City Council Meeting April 1, 2014 "60 Days" Deadline:April 11, 2014 Agenda Item 4. A. Public Hearing- Ordinance#517 - Final Design Plan Approval - PUD#95, Amendment#2 - Carousel Automobiles DBA Golden Valley TCA P., LLC, Applicant Prepared By Jason Zimmerman, City Planner Summary Twin Cities Automotive is requesting an amendment to Carousel Automobiles PUD No. 95 to expand and renovate the Porsche of Minneapolis facility and modify the existing parking. The original PUD permit for a new auto dealership was approved by the City Council on October 2, 2001. An amendment to add to the PUD a lot across the street for parking was approved in 2002. The total lot area for the PUD is 9.9 acres; the property contains two dealerships-Audi of Minneapolis and Porsche of Minneapolis. On March 10, 2014, the Planning Commission recommended approval of a PUD amendment that would allow the applicant to expand the Porsche of Minneapolis building (9191 Wayzata Boulevard)from 12,994 square feet to 26,455 square feet and to modify the existing parking. Currently there are 193 parking spaces at the Porsche dealership; under the proposed modifications there would be 147 parking spaces for a net reduction of 46 spaces. The existing 376 parking spaces at the Audi dealership and the 67 parking spaces on the lot located south of Wayzata Boulevard would remain. The City has previously determined that this PUD meets the standards established in the City Code and laid out in the Staff report to the Planning Commission. Staff believes that this application to amend the PUD is also consistent with these standards. City Code establishes standards for PUDs, which are laid out in the attached staff repart 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. 7. The PUD plan proposes a significant improvement to the parking lot and drive aisles. 8. The PUD plan proposes a new and unique use of pervious pavers. And staff recommends approval of the Final Plan subject to the following conditions: 1. The plans prepared by Baker Associates dated February 10, 2014, and submitted with the application shall become a part of this approval. 2. The recommendations and requirements outlined in the memo from the Public Works Department to Mark Grimes, Community Development Director, dated March 5, 2014, shall become a part of this approval. 3. All signage must meet the requirements of the City's Sign Code (Section 4.20). 4. The Applicant or Owner must enter into a maintenance agreement for the areas of pervious pavement. 5. This approval is subject to all other state, federal, and local ordinances, regulations, or laws with authority over this development. Attachments • Location Map (1 page) • Planning Commission Minutes dated March 10, 2014 (3 pages) • Memo to the Planning Commission dated March 5, 2014 (4 pages) • Applicant's Narrative (1 page) • Memo from the Public Works Department dated March 5, 2014 (3 pages) • Photos of the Site (4 pages) • Color Site Rendering (1 page) • Site Plans dated February 10, 2013 (20 pages) • Ordinance#517, Approval of the Final Plan of Development, Carousel Automobiles PUD No. 95, Amendment#2, Twin Cities Automotive DBA Golden Valley TCA P., LLC, Applicant (2 pages) Recommended Action Motion to adopt Ordinance #517, Approval of the Final Plan of Development, Carousel Automobiles PUD No. 95, Amendment#2, Twin Cities Automotive DBA Golden Valley TCA P., LLC, Applicant. , ;, . _',P�rrHOUrH ( � �;; E' �� > � � � � � �, � � �� `,.r✓� ,��^"`� .. . � _ U ~�� 2 < Z .(� .✓ i1ctN Cr`ocA.^r. ` �.. !. � F.C..t ,i. �c. c > 1 �/--�'.� '�.,, '�.� ,�j� n �Q`* y .c, /�' '\� `�.,�r,/ �� .: e ��'; � i � ��',...._) � �..� (y . . �' � .�+ a: �� 1: � } �; ; ..- t� �, `2� ` '� �^*-�„_.»v^ ' �wf�+��` +�.. � 5�J , ��...�` • �'_"'.a.�n� ; '.;,,.,,Y.�. �r'`' �� i .� ., � c �. �, .. . , �. ,l'" 1' ��1 i �j weyta�n Av� . � -. �...,. i_ .. 77�;`�jj ) l ��...\ .'� ,4. " �'�;1'�I..( �� : • . . . .� : . ,y� „� . + � K .., . 1 _ : r s . � �� . , .,.....____. _., '• . . • '. i� � �: .... ' . .�; .�. . • Y �� .v ... A� . Nr+b�k.tlry. Subject Property: ,-� � ��'�� ` � M.=~ ;� � ;• tt� ' �' _�� '-� �� _ � :: :. 9191 Wayzafia Bivd. ,- L a , �"�' ��- �� _... .x � �__.RidgeW°* ` . � �...,y M i �r a �,j/ � . �� R � � � . . . . . . >' � ��:,• . ��. . . � . ��•� ��? , � � � r y "`� \� �� „^ __y�� . � L�arr�!Av (: t •;�?�,�,.....w�a.. �.9 . .. . . jr _ ♦.��^�_ . ..�1 ''-'� �� {�NFY;ys1 � �'"�'^�-M.`""'^++.�``'•.,, ) ''' �-' �y` � . ...�� .i tcc. � ') $�� :¢.. � /' J�.�� v ` ..«�a�.r.s" .z w��.,,,,"'.v.-.�"'r.',.,..w"-`.n.` �� j : $ �,..3 �,. �"'"s++w,,,.,,,� . �}� + c, i.- - �c. ..-�....:+.e.r. _ ,-"-�-'-- ;; � !� �J '' ;�: �_ir .1 1 -'., "..,,,, . Y�� ,•,_r:.�i �r ...,.:.....--- _ s �a . �,., ��q{-,.�' i �`' t�� yr_c T�" Y:':� G..s�� .�F,[ �/"� s N� - � ^ ,.�. R.� C .. : .. f (� `y a ) � _,..�. W�,«v-'' / � f7 � � 'ri� - �Il�P l._ .. ✓ V �' / . ...� � � �. ' ^�Naytata87vq—_"_ _. , s .f,.,) gCi �'rc _ INNETONKA � � �r`�� '�/ � ` � �' �r,;7� ```Yw 9 r !t WC!slwai�d Hr,ls Frtvirun�r:e�raG t f dur .ntal_,,.---�'` ��,,� ya i.._. _ e . /.�., • �—. .^"}' 4 ` �a.�.�q� 4 , i �� "M'�..�r�+r :��_ �' �`. e•f• �� f � u � � ' � . �_ -� � ��, ��J� r . �. -... f I "`, . r�^r; . ,. ,i - -1t � � } 3�` �� s �-� j'T+.t t v� �r 1�YBSf ��[�-;r r , � w�aorltake � � - '— �.--� i< _ �, ! ~` �� Y � ; F j� � ��,._._ � t L._i...,� �. �� / '._ 1 t, I I 1'`t'f'^ �[� _..� . . ��. . , w.^%". � � � Sr. 1 i 3. "�' �_ � 4 Y' r� . �; t�(.'.� c� .�.ST.LOUIS PARK .� /.� i �� F�-, ��, �`:4r. Regular Meeting of the Golden Valley Planning Commission March 10, 2014 A regular meeting of the Planning Co ission was held at the Golden Valley City Hall, Council Chambers, 7800 Golden Vall Road, Golden Valley, Minnesota, on Monday, h 10, 2014. Chair Kluchka called he meeting to order at 7 p Those presen Planning Commi sioners Baker dreau-Landis, Cera, Kluchka, Segelbaum and Wal er. Also pr sent wa mmunity Development Director Mark Grimes, City Planner Jason ' er a nning Intern Nick Olson and Administrative Assistant Lisa Wittman. Commissi Carty was absent. 1. Approval of Min s Janua , 2014, Regular PI ning Commission Meeting MOV by Waldhauser, seconded b Cera and motion carried unanimously to approve t January 13, 2014, minutes as su mitted. 2. Informal Public Hearing — Final Plan Review— Planned Unit Development (PUD) — Carousel Automobiles (Porsche Dealership) PUD #95, Amendment#2 Applicant: Twin Cities Automotive (Porsche) Address: 9191 Wayzata Blvd. Purpose: To expand the existing building and modify the parking lot. Zimmerman stated that the Preliminary PUD plan for this proposal was approved by the City Council in February and now the applicant is starting the Final PUD approval process. He explained the applicant's proposal to expand their existing Porsche building and to modify the parking area. He referred to renderings of the proposed new building and noted that it would expand from 12,994 square feet to 26,655 square feet in size and would include new service bays, car wash, offices and employee facilities. He referred to the parking plan and stated that there are currently 193 parking spaces. The applicant is propasing to reduce the parking by 46 spaces for a total of 147 parking spaces. He noted that there will be some new display spaces, made of pervious pavers that will partially fall within the 35-foot front yard setback area and will require a maintenance agreement with the City. He referred to the landscaping plan and said there will be no net change in the number of trees, however, five existing trees will be relocated and three ash trees will be replaced with sugar maples. He stated that staff is recommending approval of the Final PUD proposal with the conditions listed in his staff report. Kluchka asked if the conditions that the Planning Commission recommended during the Preliminary plan process are including in this proposal. Zimmerman stated that the applicant added bike racks per the Planning Commission's recommendation and that the applicant will be entering into a maintenance agreement in regard to the maintenance of the proposed pervious pavers which was also a Planning Commission recommendation. He added that Minutes of the Golden Valley Planning Commission March 10, 2014 Page 2 some of the conditions added by the Planning Commission during the Preliminary process were addressed so they have been removed. Kluchka asked if the applicant has a snow storage plan. Zimmerman stated that snow is stored on the northern part of the site. Cera asked how the Final plan proposal is different from the Preliminary plan. Zimmerman stated that the parking lot was modified slightly to provide better maneuverability. Cera asked if the replacement ratio of pervious pavers versus green space is 1 to 1. Kluchka asked if pervious pavers are defined in the City Code. Grimes stated that the Code accepts and encourages the use of pervious pavers. Waldhauser added that some types of pervious pavers are better than green space. Baker stated that the parking lot in the Preliminary plan had issues with the turning radius and asked if that has been addressed in this plan. Zimmerman said yes, the turning radius has been fixed and that Fire Department staff has reviewed the plans and is comfortable with the proposal. Segelbaum asked if the City Council had any significant concerns during their review of the Preliminary plans. Zimmerman stated that the Council's concerns were similar to the Planning Commissions' such as the use of pervious pavers and the proposed improvements to the parking lot. Nguyen Hoang, Baker Associates, 150 South Fifth Street, Architect for the project, showed renderings of the front of the building and pointed out the location of the bike racks and the display parking area. Segelbaum asked that that rendering be included in the City Council's agenda materials. Hoang showed the Planning Commission a plan illustrating their property and the neighboring property and how much of the display areas are located in the front setback on both properties. Kluchka asked the applicant to explain their snow storage plan. Wayne Pisinski, Twin Cities Automotive, Applicant, stated that they store snow on the north end of the property in a grassy area beyond the parking lot. Cera asked Hoang to explain the pervious paver ratio discussed earlier. Hoang showed the Commissioners a diagram illustrating how pervious pavers work and explained that the effectiveness of pervious pavers depends on the substrate. Steve Sabraski, Landform Professional Services, Engineer for the project, added that the pavers themselves are porous and the gaps between the pavers are filled with stones to allow water to percolate and infiltrate. He referred to the question regarding the ratio of pervious pavers to green space and stated that some watersheds do consider it to be a 1 to 1 ratio and others don't. He added that he feels comfortable using pervious pavers in this situation. Minutes of the Golden Valley Planning Commission March 10, 2014 Page 3 Kluchka opened the public hearing. Seeing and hearing no one wishing to comment, Kluchka closed the public hearing. Cera said he is comfortable with the proposal. Segelbaum agreed and noted that the applicant has addressed the Planning Commissions' concerns. Kluchka agreed and said that conditions added previously by the Planning Commission have been met and renderings have been added to the plans as requested. MOVED by Baker, seconded by Waldhauser and motion carried unanimously to recommend approval of the Final PUD Plan for PUD #95, Amendment#2, Carousel Automobiles subject to the following findings and conditions: Findin s 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. 7. The PUD plan proposes a significant improvement to the parking lot/drive aisles. 8. The PUD plan proposes a new and unique use of pervious pavers. 9. The conditions added by the Planning Commission during the Preliminary plan review have been met. Conditions 1. The plans submitted with the application shall become a part of this approval. 2. The recommendations and requirements outlined in the memo from the Public Works Department to Mark Grimes, Community Development Director, dated March 5, 2014, shall become a part of this approval. 3. All signage must meet the requirements of the City's Sign Code (Section 4.20). 4. This approval is subject to all other state, federal, and local ordinances, regulations, or laws with authority over this development. --Short Recess-- 3. Discussio egarding Breweries and Taprooms Olson gave r se regarding breweries and taprooms. He discussed the definitions � ng provisions and differences between breweries, taprooms and city of C��t�eYt E IV� C� � � � [� � Va, �,'� Planning Department 763-593-8095/763-593-8109(fax) Date: March 5, 2014 To: Golden Valley Planning Commission From: Jason Zimmerman, City Planner Subject: Informal Public Hearing–Final PUD Plan for Carousel Automobiles PUD No. 95, Amendment#2–9191 and 9393 Wayzata Boulevard–Twin Cities Automotive DBA Golden Valley TCA P., LLC, Applicant Background Twin Cities Automotive is requesting an amendment to Carousel Automobiles PUD No. 95 to expand and renovate the Porsche of Minneapolis facility and modify the existing parking. The Preliminary PUD Plan was approved by the Planning Commission on January 13, 2014, and by the City Council on February 5, 2014. The property is zoned "Commercial" and is guided for long-term "Retail/Service" use on the General Land Use Plan map. The total lot area for the PUD is 9.9 acres; it is bounded by Highway 169 to the west and Interstate 394 to the north. Wayzata Boulevard forms a partial southern boundary and also separates the auto dealerships to the north from a parking area to the south. The property is owned by the applicant,Twin Cities Automotive, and contains two dealerships— Audi Minneapolis and Porsche of Minneapolis. Summary of Proposal The proposed PUD amendment would allow the Applicant to expand the Porsche of Minneapolis building (9191 Wayzata Boulevard)from 12,994 square feet to 26,455 square feet and to modify the existing parking at the Porsche dealership. Currently there are 193 parking spaces; under the proposed modifications there would be 147 parking spaces for a net reduction of 46 spaces.The existing 376 parking spaces at the Audi dealership and the 67 parking spaces on the lot located south of Wayzata Boulevard would remain. � tTi `�� . � ... . ��, � tR � w " � ��afti' < ` ..._ _ .. I . . �:�� '�� "'`* �.�°.,.;, F. � ;��—�,� i �� ..:. . �`.m� . �� ti" � . . �!g:t:;:-1 . --- :" r ti i ' j ,'!�',+tu;.,, �:,.� ta� `�k,�h'~ �- . I ; . �'' r'� "`T' . . � � � � �#. . �� . t' � � �a�` �'.o ' . , i � . �`,� ,;� ''"t�- �" . i � ., � `� , � ��,,,,.�...,.�.�s��,�q''+;,,,,`�".�: � . . .� . , . . , , , �� _ _ , � _ , 4 i « ''�.,. ` i ' _ �„,• ; , , �.,�`o.�.._„�. ��:��#"`� � w , � � E .:'... .. ,, , . , • ` s . t ; � ,r � �r` � W � .. . .. , r, , 'r�� . . ' � F f_,w��,,,�,. ""' "' � a�? _ � 3� .�._.,..a...�,.�,. . �. ._,. �.,.,. � �� , , . � � ..�... ., . k�.w , . . .. - � . ! 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' �'t°�.,.� �'�a',, b� 7�,',..``�':'�Apn-!'',:`�,�' ,m .� � w� ri �+o-,'?�`", �:. PUD 95 - Site Map Building Expansion The Applicant intends to expand the building to the rear (north) by roughly 7,400 square feet to create a new shop, tool room, and car wash. A second addition of approximately 3,600 square feet would be built at the southeast corner of the existing building and would house offices, parts storage, and space for new car deliveries. Additionally, a second floor mezzanine of 2,400 square feet would contain employee facilities. After the expansions, the building would continue to meet all setbacks as required by the underlying Commercial zoning district. The exterior materials would be consistent with the existing materials with aluminum panels on the south elevation and gray precast panels on the other elevations. The existing sign on the south elevation reading "Carousel" would be replaced with a similar style sign reading "Minneapolis." On the north elevation, the signs reading "Porsche" and "Carousel" would be replaced with the Porsche logo. Parking Modification There are currently 193 parking spaces at the Porsche Dealership and 636 spaces across the entire PUD (376 spaces at the Audi Dealership and 67 spaces south of Wayzata Boulevard). The proposed amendment would reduce the number of parking spaces at the Porsche Dealership by 46 to 147 (46 employee spaces, 86 display spaces, and 15 spaces for customer parking). The parking for the entire PUD would be reduced to 590. A handful of the proposed display spaces would partially fall within the 35 foot front yard setback area along Wayzata Boulevard. At its greatest point,the parking area would extend approximately 13 feet into the setback. The Applicant has indicated these spaces would be constructed on pervious pavers, so as not to reduce the amount of impervious surface within the PUD, and would be parked in tandem with the adjacent spaces in the existing lot. Utilities There is an existing Drainage and Utility Easement in place that will be vacated so that a new Utility Maintenance Agreement can be drafted that assigns responsibility for utility maintenance to the Applicant. Tree Preservation/Landscaping Five existing trees will be relocated as part of the expansion;three ash trees will be removed and replaced with sugar maples. There will be no net change in the number of trees on the site. As requested at the January 13, 2014, Planning Commission meeting,the Applicant has added a bike rack to the front of the building. Justification for Consideration as a PUD 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. The City has previously determined that this PUD meets the standards established in the City Code;Staff believes that this application to amend the PUD is also consistent with these standards: • 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, utitities, and other public facilities. • Allow mixing land uses and assembly and development of land to form larger parcels. • Encourage development in transitional areas which achieve compatibility with all adjacent and nearby land uses. • Achieve development consistent with the Comprehensive Plan. • Achieve development consistent with the City's redevelopment plans and goals. In order to be approved as a PUD,the City must be able to make the following findings: 1. Quality Site Planning. The PUD plan is tailored to the specific characteristics of the site and achieves a higher quality of site planning and design than generally expected under conventional provisions of the ordinance. 2. Preservation. The PUD plan preserves and protects substantial desirable portions of the site's characteristics, open space and sensitive environmental features including steep slopes,trees, scenic views, creeks, wetlands, and open waters. 3. Efficient—Effective. The PUD plan includes efficient and effective use (which includes preservation) of the 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. Recommendation Staff recommends approval of the Final PUD Plan for Carousel Automobiles PUD No. 95, Amendment No. 2, subject to the following conditions of approval: 1. The plans submitted with the application shall become a part of this approval. 2. The recommendations and requirements outlined in the memo from the Public Works Department to Mark Grimes, Community Development Director, dated March 5, 2014, shall become a part of this approval. 3. All signage must meet the requirements of the City's Sign Code (Section 4.20). 4. This approval is subject to all other state, federal, and local ordinances, regulations, or laws with authority over this development. Attachments Location Map (1 page) Memo from Public Works Department dated March 5, 2014 (3 pages) Applicant's Narrative (1 page) Photographs of site (4 pages) Site Plans (19 pages) ,�'{_�'�1_ °° ,�=?° f. � AO�i�CH� December 12,2013 Mark Grimes Porsche of Minneapolis 9191 Wayzata Boulevard Community Development Director Minneapolis, MN 55426 P. 763-744-9191 City of Golden Valley F. 763-7449109 7800 Golden Valiey Road porscheofminneapolis.c�m Golden Valley,MN 55427 Dear Mr.Grimes, Twin Cities Automotive requests a PUD Amendment and consideration for the renovation of the Porsche of Minneapolis facility at 9191 Wayzata Boulevard in Golden Valley. Twin Cities Automotive purchased the franchise in December of 2012 because of Porsche's strong brand recognition, opportunity for growth and second to none automotive retail location. Our first full year of operation has confirmed our outlook for the business. We expect significant growth in our New Vehicle Sales business and even greater growth in our Pre-Owned Vehicle business in the coming years. First class facilities are a strategic pillar of Twin Cities Automotive vision. Porsche Cars North America (PCNA) shares our commitment to first class facilities. PCNA recentfy unveiled new facility standards that, with the city's approval, wi11 allow Porsche of Minneapolis to be one of the first dealerships in the country to be updated to the new design. The facility will have luxurious amenities for both our customers and employees. With this renovation opportunity, we plan to expand the size of our facility— both the showroom and service shop—Co better serve our anticipated growth. A first class facility will mean nothing to our customers if we can't deliver on a first class experience;that experience begins and ends with our employees. To deliver that experience we plan to increase our workforce by up to 55% over the next couple of years. We currently have 18 full-time employees working at Porsche of Minneapolis and need additional space to accommodate the increase in personnel. A newly renovated and expanded facility will allow us to provide more jobs to more individuals,which in turn will help improve our loca(economy. We ask that you consider appraving our plans for the facility so that Porsche of Minneapolis can deliver strong sales growth to Porsche Cars North America, an unmatched experience to both existing and new customers and additional job opportunities. Respectfully Submitted, �---� "---> Thomas O. Pohlad 6/V�j' �� 4�iS'�. ,i9r:.,�.,. Y M�Y � � � � � � � � � 1 � 1� Public Works De artment V�. C�T - - - p 763 593 8030!763 593-3988(fax) Date: March 5, 2014 To: Mark Grimes, Community Development Director From: Jeff Oliver, P.E., City Engineer Eric Eckman, Public Works Sp ialist Joe Fox, E.I.T., Water Resources Engineer Subject: PUD Amendment—Twin Cities Automotive—9191 Wayzata Boulevard (Porsche Dealership)—Final Public Works staff has reviewed the plans submitted by Twin Cities Automotive for building additions and parking lot resurfacing at the Porsche Dealership, 9191 Wayzata Boulevard. The project is located southeast of the intersection of Interstate Highway 394 and State Highway 169, and north of Wayzata Boulevard (I-394 South Frontage Road).This memorandum discusses the issues identified during the Public Works review that must be addressed prior to the issuance of any permits for the project. The comments contained in this review are based on the plans submitted to the City on February 10, 2014. Site Plan: The ptans show two additions: one on the east and another on the north side of the existing building. These additions will extend into the existing bituminous parking lot. The expansion of the parking lot on the south side of the site includes using pervious pavers to replace approximately 3,000 square feet of grass. There is effectively no increase in impervious surface caused by this project. Utilities• The plans show the relocation of the watermain to accommodate the addition on the northeast side of the building. The watermain, which loops through this PUD, is owned and maintained by Twin Cities Automotive. The Drainage and Utility Easement over this private watermain must be vacated. The Owner must submit an Easement Vacation Application. A Utility Maintenance Agreement, which will be written by the City, must be signed by the Owner prior to issuance of permits for the building expansion. . 6:\Developments-Private\Twin Cities Automotive-Porsche\Memo_PUD_final.docx The City owns and maintains a watermain, which transitions from a 12-inch to an 8-inch D.I.P, along the northwest property line of the PUD. This watermain is within a platted Drainage and Utility Easement on the property line, which must not be vacated. A City of Golden Valley Right-of-Way Permit is necessary for all work within a City easement or street Right-of-Way. The two buildings within the existing PUD are in compliance with Golden Valley's Inflow and Infiltration Ordinance. Stormwater Management: This project is within the Main Stem sub-district of the Bassett Creek watershed. The project will require a City of Golden Valley Stormwater Management Permit. However, based on the scope of the project, a review by the Bassett Creek Watershed Management Commission is not required. The Erosion Control and Grading Plans show silt fence extending approximately 90 feet along the northeastern edge of the parking lot. Silt fence must be extended along the entire northeastern edge to protect the stormwater pond. Plans show 3,818 square feet of pervious pavers to be installed on the Porsche site.The maintenance requirements for these pavers must be included in the Maintenance Agreement. Tree Preservation: City Forestry staff reviewed the Landscape Plan and determined that no significant trees will be impacted by the proposed building expansions. Therefore, a Tree Preservation permit will not be required. However, the Landscape Plan identifies transplanting ash trees on the property. Due to the impact Emerald Ash Borer is having on the metropolitan ash tree population, it is recommended that the ash trees identified for transplanting be removed and replaced with another species of shade tree. Summarv and Recommendations: Public Works staff recommends approval of the PUD Amendment for Twin Cities Automotive, subject to the comments contained in this review, summarized as follows: 1. The Erosion Control Plans must be changed to show silt fence extending along the entire northeastern property line at the time of application for the City of Golden Valley Stormwater Management Permit. 2. The Owner or Contractor must obtain a City of Golden Valley Stormwater Management Permit. 3. The Owner must enter into a Utility Maintenance Agreement prior to issuance of Building Permits. 4. The Owner or Contractor must obtain a Water Permit for moving watermain. 5. A portion of the Utility and Drainage Easement over the private watermain must be vacated. 6. The Owner or Contractor must obtain a City of Golden Valley Right-of-Way Permit, if work is done within an easement or street Right-of-Way. Approval is also subject to the review and comment of the City Attorney and other City staff. C: Jeannine Clancy, Director of Public Works Bert Tracy, Public Works Maintenance Manager Kelley Janes, Utilities Supervisor Mark Kuhnly, Chief of Fire and Inspections John Crelly, Deputy Fire Chief Eric Eckman, Public Works Specialist ,�' �-, � �°�'- ; o � � �, �� ' �' � �;'�c-�F� '� �,.. � ,> .�� z� t �,� � ;ft. _� � ; �; , ;. ,� ��.��-� �� ,., *�� `� �' � r ��'�' � '� :.� ;� ��'-z ��_'�'° � `� ,i� '. � �� .�=� � �>. �,� �� y: a► j� .� � � �.� � 1 �� 2�:., � / Vi.'�k.�� 1 t ' � � �� . .' . i{ . , � ( . 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No. 95, Amendment 2 Twin Cities Automotive DBA Golden Valley TCA P., LLC, 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 11.55, by approving the Final Plan of Development for Planned Unit Development (P.U.D.) 95, Amendment 2, thereby allowing the applicant to expand the existing Porsche dealership building and modify the parking lot. 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 plans prepared by Baker Associates dated February 10, 2014, and submitted with the application shal� become a part of this approval. 2. The recommendations and requirements outlined in the memo from the Public Works Department to Mark Grimes, Community Development Director, dated March 5, 2014, shall become a part of this approval. 3. All signage must meet the requirements of the City's Sign Code (Section 4.20). 4. The Applicant or Owner must enter into a maintenance agreement for the areas of pervious pavement. 5. 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 pfan 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. 7. The PUD plan proposes a significant improvement to the parking lot and drive aisles. 8. The PUD plan proposes a new and unique use of pervious pavers. Section 2. The tract of land affected by this ordinance is legally described as follows: Lot 1, Biock 1, Lot 1, Block 2, and Outlot A, all in Carousel Automobiles P.U.D. No. 95 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 1 st day of April, 2014. /s/Shepard M. Harris Shepard M. Harris, Mayor ATTEST: /s/Susan M. Virniq Susan M. Virnig, City Clerk t"Z�`�1 D� � Public Works Department 763-593-803Q/763-593-3988{fax) � .�-� � � _ _ 4 � ��_ �� -�W Executive Summary For Action Golden Valley City Council Meeting April 1, 2014 Agenda Item 4. B. Public Hearing to Vacate Easements in the Plat of Carousel Automobiles P.U.D. No. 95 (9191 and 9393 Wayzata Boulevard) Prepared By Jeannine Clancy, Director of Public Works Eric Eckman, Public Works Specialist Summary The property owner has proposed an expansion of the building located at 9191 Wayzata Boulevard. As part of the project, a portion of the existing watermain will be relocated and public easements vacated in order to accommodate the building expansion. As the watermains and hydrants serving the buildings are private, the re-dedication of public easements will not be necessary. In addition, other public easements dedicated over private watermains on this property will also be vacated as part of this process. The owner has agreed to enter into an agreement with the City to outline the owner's responsibility with respect to the maintenance of hydrants, watermains, and other private utilities on site. As outlined in the Public Works development review dated January 6, 2014, this maintenance agreement must be signed before the issuance of permits for the building expansion. 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. Since the easements are not adjacent to public waters, Notice to the Commissioner of Natural Resources is not required. 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 March 4, 2014, and therefore in accordance with state statutes requires a four-fifths majority vote in favor of the resolution. Attachments • Easement Vacation Sketch (showing easements to be vacated) (1 page) • Plat of Carousel Automobiles P.U.D. No. 95 (1 page) • Resolution Vacating Certain Easements in the Plat of Carousel Automobiles P.U.D. No. 95 (9191 and 9393 Wayzata Boulevard) (2 pages) Recommended Action Motion to adopt Resolution Vacating Certain Easements in the Plat of Carousel Automobi�es P.U.D. No. 95 (9191 and 9393 Wayzata Boulevard). EASEMENT VACATICJN SKETCH - DRI�INAGE & UTILITY FOR: LOT 1, BLOCK 1, CAROUSEL AUTQMOBILES P.U.D. 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Y,DO,tCdOH —_..� Resolution 14-30 April 1, 2014 Member introduced the following resolution and moved its adoption: RESOLUTION VACATING CERTAIN EASEMENTS IN THE PLAT OF CAROUSEL AUTOMOBILES P.U.D. NO. 95 (9191 AND 9393 WAYZATA BOULEVARD) WHEREAS, the City Council of the City of Golden Valley, pursuant to due notice, has heretofore conducted a public hearing on the vacation of certain drainage and utility easements dedicated in the recorded plat of Carousel Automobiles P.U.D. No. 95, legally described as follows: Lot 1, Block 1 of Carousel Automobiles P.U.D. No. 95, 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, Porsche of Minneapolis - Remodel, located in the Engineering Office of Golden Valley City Hall; and WHEREAS, certain easements in the Subject Property will be vacated to accommodate the proposed development; and WHEREAS, the City has evaluated its interest and use of the property; 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: That part of the drainage & utility easements shown on Lot 1, Block 1, Carousel Automobiles P.U.D. No. 95, Hennepin County, Minnesota described as follows: Commencing at the Southwest corner of said Lot 1, thence on an assumed bearing North 28 degrees 00 minutes 52 seconds East, along a westerly line of said Lot 1, 224.15 feet to a corner of said Lot 1, thence North 47 degrees 29 minutes 51 seconds East, along a northwesterly line of said Lot 1, 196.10 feet to a point hereinafter described as "Point A"; thence South 39 degrees 56 seconds 24 minutes East 20.02 feet to the southeasterly line of the northwesterly 20.00 feet of said Lot 1 and the point of beginning of the easement to be described, thence continuing South 39 degrees 56 minutes 24 seconds East 20.77 feet, thence South 09 degrees 02 minutes 02 seconds East 38.05 feet, thence North 80 degrees 57 minutes 58 seconds Resolution 14-30 - Continued April 1, 2014 East 22.78 feet; thence South 39 degrees 56 minutes 24 seconds East 225.47 feet; thence North 54 degrees 39 minutes 46 seconds East 316.12 feet; thence North 71 degrees 12 minutes 30 seconds East 140.75 feet; thence North 24 degrees 59 minutes 00 seconds East 51.17 feet; thence South 65 degrees 01 minute 00 seconds East 10.00 feet; thence North 24 degrees 59 minutes 00 seconds East 20.00 feet; thence North 65 degrees 01 minute 00 seconds West 10.00 feet; thence North 24 degrees 59 minutes 00 seconds East 24.24 feet; thence North 39 degrees 52 minutes 33 seconds West 247.35 feet to the southerly line of the northerly 20.00 feet of said Lot 1; thence South 81 degrees 06 minutes 00 seconds West, along said southerly line of the northerly 20.00 feet of Lot 1, 23.33 feet, thence South 39 degrees 52 minutes 33 seconds East 49.72 feet; thence South 50 degrees 03 minutes 36 seconds West 26.22 feet; thence South 39 degrees 56 minutes 24 seconds East 20.00 feet; thence North 50 degrees 03 minutes 36 seconds East 26.20 feet; thence South 39 degrees 52 minutes 33 seconds East 176.93 feet thence South 24 degrees 59 minutes 00 seconds West 74.17 feet; thence South 71 degrees 12 minutes 30 seconds West 135.12 feet; thence South 54 degrees 39 minutes 46 seconds West 60.84 feet; thence North 35 degrees 2Q minutes 14 seconds West 48.40 feet; thence South 54 degrees 39 minutes 46 seconds West 20.00 feet; thence South 35 degrees 20 minutes 14 seconds East 48.40 feet; thence South 54 degrees 39 minutes 46 seconds West 201.61 feet; thence North 35 degrees 20 minutes 14 seconds West 10.93 feet; thence South 54 degrees 39 minutes 46 seconds West 19.00 feet; thence North 39 degrees 56 seconds 24 minutes West 262.07 feet to the southeasterly line of the northwesterly 20.00 feet of said Lot 1; thence South 47 degrees 29 minutes 51 seconds west, along said southeasterly line of the northwesterly 20.00 feet of Lot 1, 20.03 feet to the point of beginning. Together with that part of the drainage & utility easements shown on said Lot 1, Block 1, Carousel Automobiles P.U.D. No. 95, Hennepin County, Minnesota lying 20.00 feet to the right of a line described as follows: Commencing at said "Point A"; thence North 47 degrees 29 minutes 51 seconds East, along said northwesterly line of Lot 1, 274.50 feet to a corner of said Lot 1; thence North 62 degrees 46 minutes 56 seconds East, along a northwesterly line of said Lot 1, 55.37 feet; thence South 27 degrees 13 minutes 04 seconds East 20.00 feet to the southeasterly line of the northwesterly 20.00 feet of said Lot 1 and the point of beginning of the line to be described; thence continuing South 27 degrees 13 minutes 04 seconds East 52.03 feet and said line 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.