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08-18-15 CC Agenda Packet (entire) AGENDA Regular Meeting of the City Council Golden Valley City Hall 7800 Golden Valley Road Council Chamber August 18, 2015 6:30 pm The Council may consider item numbers 1, 2, 3, 5 and 6 prior to the public hearings scheduled at 7 pm 1. CALL TO ORDER PAGES A. Roll Call B. Pledge of Allegiance C. Proclamation for Hunger Action Month 3 2. ADDITIONS AND CORRECTIONS TO AGENDA 3. CONSENT AGENDA Approval of Consent Agenda - All items listed under this heading are considered to be routine by the City Council and will be enacted by one motion. There will be no discussion of these items unless a Council Member or citizen so requests in which event the item will be removed from the general order of business and considered in its normal sequence on the agenda. A. Approval of Minutes 1. Council/Manager Meeting - May 12, 2015 4-6 2. Special Council/Manger Meeting - July 13, 2015 7 2. City Council Meeting - August 5, 2015 8-11 B. Approval of Check Register 1. City 12 2. Housing and Redevelopment Authority 13 C. Authorize Issuance of General Business Licenses 14-15 D. Minutes of Boards and Commissions: 1. Open Space and Recreation Commission - April 27, 2015 16-18 2. Environmental Commission - April 27, 2015 19-20 3. Civil Service Commission - July 21, 2015 21-22 4. Joint Water Commission - June 3, 2015 23-24 E. Bids and Quotes: 1. Award Contract for the Demolition of 6300 Winsdale Street 25-26 2. Award Contract for the Demolition of 2300 Douglas Drive 27-28 F. Second Consideration - Ordinance #573 - Amending Chapter 6 Peddlers and Solicitors 29-36 License G. Second Consideration - Ordinance #574 - Amending 2015 Master Fee Schedule for 37-38 Peddlers and Solicitors License H. Receipt of July Financial Reports 39-47 I. Authorize Transfer of Funds from Capital Improvement Fund 15-66 48-50 J. Approve Amendment to Residential Recycling Grant Agreement 15-67 51-63 K. Modifying 2015 General Wages and Salary for Public Works Maintenance Manager 64-65 Position 15-68 3. CONSENT AGENDA - continued L. Approval of Plat - Golden Villas PUD No. 118 and Authorize Sign PUD Permit and 66-81 PUD Development Agreement 15-69 M. Authorization to Sign Amendment to Legal Services Agreement with Best & Flanagan 82-84 4. PUBLIC HEARINGS 7 PM A. Public Hearing - Ordinance #575 - Final PUD Plan - Cornerstone Creek - 9300 & 9310 Golden Valley Road 85-150 B. Public Hearing - Ordinance #576 and #577 - Rezoning of 9000 and 9050 Golden Valley Road from Commercial to High Density 151-164 C. Public Hearing - Ordinance #578 - Conditional Use Permit for 9000 Golden Valley Road - The Schuett Companies 165-190 5. OLD BUSINESS 6. NEW BUSINESS A. Authorization to Sign Amended PUD Permit - Lupient Infiniti PUD No. 66, Amendment #5 - 7100 Wayzata Boulevard 191-199 B. Approve Resolution Authorizing Interfund Loan from Capital Improvement Fund to Water and Sewer Fund for 36-Inch Pipe Reconstruction 15-70 200-202 C. First Consideration - Ordinance #579 - Amendment to the 2015 Master Fee Schedule for Increase in Water Rates 203-205 D. METRO Blue Line Update 206 E. Announcements of Meetings F. Mayor and Council Communications 7. ADJOURNMENT CITY OF GOLDEN VALLEY PROCLAMATION FOR HUNGER ACTION MONTH WHEREAS, hunger and poverty are issues of grave concern in the United States, the State of Minnesota and the City of Golden Valley; and WHEREAS, the City of Golden Valley is committed to taking steps to raise awareness about the need to combat hunger in every part of our city and to provide additional resources that citizens of Golden Valley need; and WHEREAS, the City of Golden Valley is committed to working with Second Harvest Heartland in educating people about the role and importance of food banks in addressing hunger and raising awareness of the need to devote more resources and attention to hunger issues; and WHEREAS, more than one in 10 individuals in Minnesota rely on food provided by Second Harvest Heartland and Minnesota's Feeding America Food Banks annually; and WHEREAS, Second Harvest Heartland distributed more than 83 million pounds of food in 2014 through its network of food pantries, soup kitchens, shelters and other community organizations; and WHEREAS, food banks across the country, including Second Harvest Heartland will host numerous events throughout the month of September to bring awareness and attention to encourage involvement in efforts to end hunger in their local community; NOW, THERFORE, BE IT RESOLVED, that the City of Golden Valley recognizes the month of September as Hunger Action Month in the City of Golden Valley IN WITNESS WHEREOF, I have hereunto set my hand and caused the great seal of the City of Golden Valley to be affixed this 18th day of August, 2015. Shepard M. Harris, Mayor Council/Manager Meeting Minutes May 12, 2015 Present: Mayor Harris and Council Members, Clausen, Fonnest, Schmidgall and Snope, City Manager Tom Burt, Physical Development Director Marc Nevinski, City Engineer Jeff Oliver, Public Works Specialist Eric Eckman, City Attorney Allen Barnard, Administrative Assistant Judy Nally. The meeting began at 6:32 pm in the Council Conference Room. Receipt of Environmental Commission Annual Report and Environmental State of the City Report Environmental Commission Chair Jim Stremel was in attendance to review the Commission's 2014 Annual Report and Environmental State of the City Report. Stremel discussed the Natural Resource Management Plan, guidelines for city-owned open space parcels and right-of-way, new initiatives for greener practices, curbside recycling program and recommendations for 2015 work plan priorities. The Council discussed the recycling program profit decline, weekly recycling pickup, guaranteed energy savings program, use of the Maple Grove brush and leave drop-off, plastic bag ban, community solar gardens, use of smart cars and vehicle charging stations at city hall, a bike planning workgroup, bee keeping/pollinators, and the Comprehensive Plan. After discussion the Council consensus was for the Environmental Commission to proceed with the 2015 Work Plan Priorities of: Composting and organics/Food Waste Recycling, and Natural Resources Management Plan implementation. Bee keeping and/or pollinators could be considered as part of the Natural Resources plan. The bike planning workgroup could be considered during the discussion of the Comprehensive Plan Draft Natural Resources Management Plan Public Works Specialist Eric Eckman reviewed the draft Natural Resources Management Plan. The Council discussed City owned trails and excess land, Theodore Wirth Park, the METRO Blue Line, and the sound wall near Briarwood Nature area. The City Council will consider the Plan at a future City Council Meeting. The Council consensus was to incorporate the Plan into the 2018 Comprehensive Plan Update. Medicine Lake Road and DeCola Ponds Flood Mitigation Study Update City Engineer Jeff Oliver reviewed the history of the ponds, the study process, flooding events and maps, flood proofing efforts, and the proposed next steps. The study outlined some options which are: 1) do nothing, 2) structurally flood proof and/or remove flood prone properties, and 3) maximize flood storage. The cities are studying a combination of options 2 and 3. City Attorney Allen Barnard reviewed the neighborhood agreements and settlement history. Council/Manager Meeting Minutes May 12, 2015 - Page 2 The Council discussed the impact on the Liberty Crossing project, upcoming neighborhood meetings, the location and operation of underground and above ground water storage, voluntary selling of homes, flood proofing of homes, flood storage, flood plain locations, the bonding bill, and funding options. The next step is to schedule a meeting with residents to review the proposed options after receipt of the Phase 2 study. The City is not taking, acquiring, or flood proofing any homes unless there is a voluntary partnership and that will be reflected in the report. The final report will be distributed to the three City Councils and will be adopted by each respective City. Staff was requested to update the Council after the neighborhood meeting is scheduled. Northwest Hennepin Human Services Council (NHHSC) Financial Update Chantell Knauss reviewed the financial status of the Northwest Hennepin Services Council and outlined the options available. The Council discussed the options which are to continue membership in NHHSC in a newly formed organization or withdraw from the NHHSC. The Council consensus was to discuss with the City Attorney the options available for the City to be refunded its portion of the NHHSC reserves. The Council also requested the item be placed on a future meeting to formally withdraw from the Northwest Hennepin Human Services Council. Staff was directed to meet with the City representatives and advise them of the status. 840 Pennsylvania Avenue South (Weavewood) Physical Development Director Marc Nevinski reviewed the history of the property. The property has gone into tax forfeiture and the County can dispose of the property by: 1) purchase by the previous owner for back taxes and fees, 2) auctioned off after one year, or 3) sell the property to a governmental agency for market value for a public purpose. The City, possibly through the Housing and Redevelopment Authority (HRA), has been approached to consider a "pass-through" sale of the property from the County and resell it. The new buyer would rehabilitate the building and eliminate the blighted property and use for office/warehouse. The Council discussed the process for the pass-through, environmental conditions on the site, possible City/HRA liability for environmental issues, possible uses for site, and review of improvements/actions that need to be completed prior to the sale, the Council consensus was for staff to proceed with investigating the process for completion of the pass-through and place the item on a future Housing and Redevelopment Authority meeting for action. City Manager Search Burt distributed copies of the City Manager profile prepared by Springsted Incorporated. The City Manager profile has been released and Springsted will be conducting the search. Council/Manager Meeting Minutes May 12, 2015 - Page 3 Upcoming Meetings City Council Meeting - May 12, 2015 - 6:30 pm Human Rights Commission Conversations Event - May 14, 2015 - 6:30 pm - Perpich Center for Arts Education Meadowbrook School 5K Run - May 16, 2015 The meeting adjourned at 9:16 pm. Judy Nally Administrative Assistant Special Council/Manager Meeting Minutes July 13, 2015 Present: Mayor Harris and Council Members Clausen, Fonnest, Schmidgall and Snope, Springsted Inc. Sr. Vice President Sharon Klumpp, Assistant City Manager, Chantell Knauss Mayor Harris called the meeting to order at 1:06 pm in the Council Conference Room. The City Council discussed with Springsted Sr. Vice President from Springsted, Sharon Klumpp the logistics for how the interviews of the City Manager finalists would proceed for the day. The Council conducted interviews of the following finalists: Philip Kern, Charlene Stevens, Steven Nasby, and Timothy Cruikshank. After the Council's interviews were completed, the Council invited the Management Team to provide their input on the finalists. The Management Team members were: Parks and Recreation Director, Rick Birno; Fire Chief, John Crelly; Police Chief, Stacy Carlson; Assistant City Manager, Chantell Knauss; Physical Development Director, Marc Nevinski; Finance Director, Sue Virnig; and Communications Manager, Cheryl Weiler. The Management Team had conducted separate interviews of the finalists. Speaking as the designated representative for the Management Team, Knauss thanked the City Council for the opportunity for the Management Team to participate in the process and provide input. Knauss expressed that the Management Team was impressed with all four candidates and the City was very fortunate to have such highly skilled professionals in the pool. After reviewing the qualities the Management Team believed were most important for a candidate to be successful as the new city manager, Knauss presented the two candidates the Management Team unanimously felt would best fit the City of Golden Valley organization. The Council thanked the Management Team for their input and they were excused at that time. Knauss remained to assistant Springsted and facilitate further requests from Council. The Council also stated they were very fortunate to have such highly qualified finalists interested in the position with Golden Valley. After a thorough discussion of the four finalists, it was the unanimous consensus of the Council to direct Sharon Klumpp to discuss terms of employment with Timothy J. Cruikshank with the goal to have an employment agreement on the August 5, 2015 City Council agenda for approval. The meeting adjourned at 7:22 pm. Chantell Knauss Assistant City Manager city a f UNOFFICIAL MINUTES olden CITY COUNCIL MEETING valley GOLDEN VALLEY, MINNESOTA August 5, 2015 1. CALL TO ORDER Mayor Harris called the meeting to order at 6:30 pm. 1A. Roll Call Present: Mayor Harris, Council Members Clausen, Fonnest, Snope and Schmidgall. Also present were: City Manager Burt, Acting City Attorney Garry and City Clerk Luedke. 1 B. Pledge of Allegiance 2. ADDITIONS AND CORRECTIONS TO AGENDA MOTION made by Council Member Schmidgall, seconded by Council Member Clausen to approve the agenda of August 5, 2015, as submitted and the motion carried. 3. APPROVAL OF CONSENT AGENDA MOTION made by Council Member Schmidgall, seconded by Council Member Clausen to approve the consent agenda of August 5, 2015, as revised: 313-Approve City Check Register, 3H-Adopt 2nd consideration, Ordinance #570, amending Chapter 5: Alcoholic Beverages Licensing and Regulation, 3K-Accept resignation Mr. Perkins from the Human Rights Commission and 30-Approve the City Manager Agreement and the motion carried. 3A1. Approve Minutes of the Council/Manager Meeting of July 14, 2015 3A2. Approve Minutes of the City Council Meeting of July 21 , 2015 3 B. Approve City GheGk Register and autherize the paymeRtS Gf the bolls as submitted. 3C1. Approve a temporary liquor license for the Golden Valley Community Foundation for the Golden Valley Arts & Music Festival contingent upon receipt of liquor liability insurance certificate for Saturday, September 26, 2015. 3C2. Receive and file the gambling license exemption and approve the waiver of notice requirement for PRISM. 3C3. Receive and file the gambling license exemption and approve the waiver of notice requirement for Children's Health Care Foundation. 3D. Accept for filing the Minutes of Boards and Commissions as follows: 1 . Planning Commission - June 22, 2015 2. Human Rights Commission - June 23, 2015 3. Board of Zoning Appeals - June 23, 2015 4. Joint Water Commission - May 6, 2015 5. Bassett Creek Watershed Management Commission - June 18, 2015 3E. Award Contract to Central Roofing Company in the amount of $106,519 for the 2015 Medley Park Shelter Roof Replacement Project. 3F. Authorize agreement with SEH to provide an Engineering Report for Inflow and Infiltration analysis along the 1-394 corridor not to exceed the amount of $84,480. 3G. Authorize Amendment to the February 17, 2015, contract with Barr Engineering for Liberty Crossing Flood Mitigation Preliminary Design, for an amount not to exceed $99,300. 34-. Adept seGend GeRsideratieR, OrdlinanGe #570, ar:AeRdiRg Chapter 5: AlGeheliG Beverages I iGensinn and Rona ilatinn 31. Adopt second consideration, Ordinance #571, amending the 2015 Master Fee Schedule to include new Liquor License Fees. Unofficial City Council Minutes -2- August 5, 2015 3. APPROVAL OF CONSENT AGENDA - continued 3J. Adopt second consideration, Ordinance #572, eliminating Section 6.41 regarding Food Establishment and Vending Machine Regulations. 3K. AGGept resigRatien from MF. Payton PeFkiR6 frem the Human Rights Go i- -i- 3L. Authorize the City to enter into a Shared Services Agreement for two buildings within the Central Park West PUD with the City of St. Louis Park. 3M. Approve requests for beer and/or wine at Brookview Park as recommended by staff. 3N. Adopt Resolution 15-65, Accepting Donation from members of Team #5 of the Brookview Men's Golf Association for Brookview Golf Course Memorial Bench. 30 Approve the Gity MaRaner Employment Anreerge- _ 3. ITEMS REMOVED FROM THE CONSENT AGENDA 3B. Approve City Check Register and authorize bill payments as submitted. City Clerk Luedke clarified the information provided. MOTION made by Council Member Snope, seconded by Council Member Clausen to authorize payment of the bills as submitted and the motion carried. 3H. Adopt second consideration, Ordinance #570, amending Chapter 5: Alcoholic Beverages Licensing and Regulation and Approve Summary of Ordinance #570 for publication. City Clerk Luedke answered questions from Council. MOTION made by Council Member Clausen, seconded by Council Member Snope to adopt second consideration, Ordinance #570, amending Chapter 5: Alcoholic Beverages Licensing and Regulation upon a vote being taken the following voted in favor of: Harris, Snope, Fonnest, Schmidgall and Clausen and the following voted against: none and the motion carried. MOTION made by Council Member Fonnest, seconded by Council Member Clausen to approve the Summary of Ordinance #570 for publication and the motion carried. 3K. Accept Resignation from Mr. Perkins from the Human Rights Commission. The Council expressed their appreciation and thanked Mr. Perkins for his years of service. MOTION made by Council Member Snope, seconded by Council Member Clausen to accept for filing the resignation from Mr. Payton Perkins from the Human Rights Commission and the motion carried. 30. Approve the City Manager Employment Agreement. Council thanked Council Member Snope, Council Member Clausen, Assistant City Manager Knauss and Springsted Consultant Klumpp for their assistance in the new city manager interviewing process. Council thanked City Manager Burt for his years of service with Golden Valley. MOTION made Mayor Harris, seconded by Council Member Fonnest to approve the City Manager Employment Agreement with Timothy J. Cruikshank and the motion carried. Unofficial City Council Minutes -3- August 5, 2015 6. NEW BUSINESS 6A. First Consideration - Amendment to City Code Section 6.43 Peddlers and Solicitors City Manager Burt presented the staff report and answered questions from Council. City Attorney Garry answered questions from Council. Mr. Mark Pirkl, 1711 Quebec Ave N, asked for clarification regarding the boy scouts or youth groups approaching a house with a posted no solicitor sign if the group had a past relationship with the resident. There was Council discussion regarding the proposed amendments to the City Code regarding peddlers and solicitors licensing. MOTION made by Council Member Snope, seconded by Council Member Fonnest to amend Subdivision 7(B) to allow peddling and soliciting until 8 pm instead of 7 pm and the motion carried. MOTION made by Council Member Fonnest, seconded by Council Member Snope to adopt first consideration, Ordinance #573, amending the City Code Section 6.43 Peddlers and Solicitors upon a vote being taken the following voted in favor of: Harris, Schmidgall, Snope, Clausen and Fonnest and the following voted against: none and the motion carried. 6B. First Consideration - Amending the 2015 Master Fee Schedule for Peddlers and Solicitors License Finance Director Virnig presented the staff report and answered questions from Council. City Manager Burt answered questions from Council. There was Council discussion regarding the proposed fee schedule for peddlers and solicitors licenses. MOTION made by Council Member Fonnest, seconded by Council Member Snope to adopt first consideration, Ordinance #574, amending the 2015 Master Fee Schedule for Peddlers and Solicitors Licenses upon a vote being taken the following voted in favor: Snope, Harris, Schmidgall, Snope and Fonnest and the following voted against: none and the motion carried. 6C. Announcement of Meetings Some Council Members may attend the Market in the Valley Farmer's Market on August 9 and 16, 2015, from 9 am to 1 pm in the City Hall Campus Parking Lot. The Concert in the Park: Choo Choo Bob Show will be held on August 10, 2015, at 7 pm in Brookview Park. Some Council Members may attend the Grand Opening on August 11, 2015, from 11 am to 1 pm or 4 to 6 pm at the Holiday Inn Express located at 6051 Golden Hills Drive. A Special Housing and Redevelopment Authority Workshop will be held on August 11, 2015, at 6 pm in the Council Conference Room. Unofficial City Council Minutes -4- August 5, 2015 6C. Announcement of Meetings - continued The next Council/Manager meeting will be held on August 11, 2015, at 6:30 pm. Some Council Members may attend the METRO Blue Line Extension Public Open House on August 12, 2015, from 5 to 7:30 pm in the Council Chambers. A Movie in the Park will be held on August 13, 2015, at 8:30 pm in Brookview Park. The Concert in the Park: On The Air will be held on August 17, 2015, at 7 pm in Brookview Park. The next Council Meeting will be Tuesday, August 18, 2015, at 6:30 pm. Some Council Member may attend the Porsche Grand Opening Event on August 25, 2015, from 6 to 9 am at 9595 Wayzata Boulevard. Some Council Member may attend the ribbon cutting at TruStone Financial on September 18, 2015, at 9 am at 6500 Olson Memorial Highway. 6D. Mayor and Council Communication City Manager Burt reviewed the Council/Manager's meeting agenda for August 11, 2015. The Council thanked the Police Department for coordinating over 90 Night to Unite events this year. The Council also thanked the Police Officers they rode with during the event and stated they enjoyed meeting with the residents at the events. Physical Development Director Nevinski gave Council an update on the on-going traffic issues in Golden Valley. 7. ADJOURMENT MOTION made by Council Member Snope, seconded by Council Member Clausen and the motion carried to adjourn the meeting at 7:22 pm. Shepard Harris, Mayor ATTEST: Kristine A. Luedke, City Clerk city o �� of n valley� MEMORANDUM Administrative Services Department 763-593-8013/763-593-3969(fax) Executive Summary For Action Golden Valley City Council Meeting August 18, 2015 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. citv0 goldc- 1-1, WE- MORAN DU M valley Administrative Services Department 763-593-8013/763-593-3969 (fax) Executive Summary For Action Golden Valley City Council Meeting August 18, 2015 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. C Y o gotacnit400*' M E M 0 R A N D U M Inspections Department artment r r 763-593-8090/763-593-3997 (fax) Executive Summary For Action Golden Valley City Council Meeting August 18, 2015 Agenda Item 3. C. General Business Licenses Prepared By Shannon Dietrich, Administrative Assistant Summary As per City Code, some businesses are required to be licensed by the City. Listed below are the License Number, Applicant, License Type and Fee of those who have submitted an application for approval. #8290 Borton Volvo, Inc. New/Used Vehicle Dealer $400.00 905 Hampshire Avenue South #8344 Jaguar/Landrover Minneapolis New/Used Vehicle Dealer $400.00 8905 Wayzata Boulevard #8298 Morrie's European Car Sales Inc. New/Used Vehicle Dealer $400.00 7400 Wayzata Boulevard #8299 Jim Lupient Infiniti New/Used Vehicle Dealer $400.00 7200 Wayzata Boulevard #8300 US Fleet Lease, LLC New/Used Vehicle Dealer $400.00 2420 Nevada Avenue North #8292 Rudy Luther Toyota New/Used Vehicle Dealer $400.00 8805 Wayzata Boulevard #8295 Poquet Auto Sales Inc. New/Used Vehicle Dealer $400.00 800 Lilac Drive North #8294 Golden Valley TCAA, LLC New/Used Vehicle Dealer $400.00 9393 Wayzata Boulevard #8293 Golden Valley TCAP, LLC New/Used Vehicle Dealer $400.00 9191 Wayzata Boulevard #8291 Jim Lupient Company New/Used Vehicle Dealer $400.00 7100 Wayzata Boulevard #7440 ABC Cars and Leasing, LLC New/Used Vehicle Dealer $400.00 1200 Mendelssohn Avenue North #8345 Darling Ingredients Inc. 1 Refuse Truck $ 50.00 9000 382nd Avenue Blue Earth, MN 56013 Recommended Action Motion to authorize the issuance of licenses as recommended by staff. GOLDEN VALLEY OPEN SPACE & RECREATION COMMISSION Meeting Minutes April 27, 2015 1. Call to Order Mattison called the meeting to order at 7:00 pm. 2. Roll Call: Present: Commissioners Roger Bergman, John Cornelius, Kelly Kuebelbeck, Bob Mattison, Anne Saffert, Dawn Speltz and Dan Steinberg. Director of Parks and Recreation, Rick Birno; Recreation Supervisor's, Carrie Anderson and Brian Erickson; and Administrative Assistant, Sheila Van Sloun. Excused: Commissioners Gillian Rosenquist and Jerry Sandler. 3. Approval of Minutes — March 23, 2015 MOTION: oved by Speltz and seconded by Saffert to approve the March 23, 2015 meeting minutes. Motion carried unanimously. 4. Accept Teen Committee Minutes The March Teen Committee meeting was cancelled due to no quorum. No minutes to accept. 5. Recreation Program Update — Carrie Anderson and Brian Erickson Anderson said Youth Basketball ran January thru March and had 18 teams in grades 2-7 with 41% of the participants from Golden Valley. The mites program for grades K-1 had 60 participants. Anderson said the Tap and Ballet program concluded on Saturday, April 25 with their end of season recital at Breck School with 35 participants. Anderson discussed the new department program and facility registration program, RecTrac. She said three park and recreation staff members spent 12 days in training. The new system went live on March 30 for the spring and summer registration. She said the system has been challenging and staff is handling issues the best they can as they arise. Anderson said Davis Community Center has been hosting an average of 12 people per day for pickleball and about 26 per day for open volleyball. Anderson said the summer adult softball league is full, with 32 adult softball teams ready for the spring/summer season. Teams will play one night a week, Monday thru Thursday at Schaper Park. Anderson said new this year, she is hosting three Movies in the Park: Friday, July 21 at Brookview Lawn Bowling Green, Thursday, August 13 at Brookview Park, and Thursday, August 20 at Scheid Park. There will also be 12 Concerts Minutes of the Open Space and Recreation Commission April 27, 2015 Page 2 in the Park beginning on June 8 with a final performance on August 17. Concerts are held at Brookview Park on Mondays at 7 pm at the large picnic shelter. Anderson said the Teen Committee has elected to meet in May and July. She said they will be hosting an open teen volleyball night at Brookview Park on Thursdays, June 4-August 27 from 6-7 pm. Teens are encouraged to participate. Erickson distributed ice rink numbers from the 2014-15 season and briefly discussed. Erickson added that the Winter Family Festival held at Wesley Park on February 1 was very well attended. He said park maintenance and volunteers were great. He plans to offer it again next year. Cornelius suggested doing it earlier in the season. Erickson discussed the upcoming summer programs stating that the playground program will remain free but participants are now required to pre-register. He said it will provide better safety. Erickson said he has discussed a new mobile playground program this year, which will be going to select parks in Golden Valley stocked with games, crafts, and activities. The program is free but pre-registration is required. Erickson said the Bike Rodeo will be held at Crystal Community Center on May 6 from 6-8 pm. 6. Resolution to approve recognized Golden Valley Youth Athletic Associations Birno presented the following youth athletic associations to be recognized by Golden Valley for use of facilities: Golden Valley Little League, Golden Valley Girls' Softball, Park Valley United FC, Armstrong-Cooper Youth Baseball Association, Armstrong-Cooper Youth Hockey, and Cooper-Armstrong Girls' Fast Pitch. MOTION: Moved by Cornelius and seconded by Kuebelbeck to approve the recognized youth athletic associations as listed above. Motion carried unanimously. 7. Community Center Update Birno said the City Council directed staff at the April Council/Manager work session, to move forward with the development of a $9-12 million Brookview Community Center replacement plan. There has been no formal discussion or decision by the City Council regarding financing. HGA will be hired for the pre- design phase which should be completed by the end of November 2015. Minutes of the Open Space and Recreation Commission April 27, 2015 Page 3 8. Open Parcels Review The commission reviewed a map and discussed potential use for open parcels. They plan to discuss with the Environmental Commission and advise staff on recommendations. Some of the key locations to be discussed, as identified on the open parcel map include: Parcel #36, #37, #38, #78, #80 (Sochacki access), #82 (trails), #115, and #117 (sidewalk connections). 9. Metro Blue Line Extension Update Rosenquist said the task force has ended. She updated the commission on the two potential stations, which are Wirth Station and Golden Valley Road station. She said the Met Council will vote on which station to build in November of 2015. 10. Next Scheduled Meeting — Memorial Day Due to the holiday, the Open Space and Recreation Commission will not meet in May. 11. Staff Updates Park Dedication fees — Birno distributed a list of fees to use as a potential revenue tool. Park CIP planning — Birno said the annual budget is approximately $220k for park improvements Staff will be meeting in May to develop a 5 year park improvement plan based on funds available. Sochacki Park kick-off event— Birno said the event will be hosted by Three Rivers Park District and held on June 25 from 6-8 pm. Board and Commission Dinner— Birno said the event will be held on June 10 at 6:30 pm at Brookview Community Center. Hennepin County updated bicycle plan — Birno said Three Rivers Park District is fully supporting the new plan. Joint meeting with Environmental Commission in June — Birno said our next meeting will be joint with the EC on Monday, June 22 at 6:30 pm at city hall. 12. Updates Mattison said Golden Valley Girls Softball has spread out their games to better accommodate the parking and traffic issues at Lions Park. Kuebelback added she has seen much better communication from GVGS and the parking/traffic issues have improved. 13. Adjournment MOTION: Moved by Bergman and seconded by Kuebelbeck to adjourn at 9:20 pm. Motion carried unanimously. Bob Mattison, Chair ATTEST: Sheila Van Sloun, Administrative Assistant GOLDEN VALLEY ENVIRONMENTAL COMMISSION Regular Meeting Minutes April 27, 2015 Present: Commissioners, Tracy Anderson, Tonia Galonska, Lynn Gitelis, Dawn Hill, Larry Johnson, Jim Stremel, Council Member Larry Fonnest; Eric Eckman, Public Works Specialist; and Lisa Nesbitt, Administrative Assistant Absent: Commissioner: Debra Yahle Call to Order Stremel called the meeting to order at 7:00 pm. Approval of Regular Meeting Minutes — March 23, 2015 MOVED by Hill, seconded by Gitelis, and the motion carried unanimously to approve the minutes of the March 23, 2015 regular meeting. Chair and Vice-Chair Elections MOVED by Galonska and seconded by Stremel, and the motion to elect Gitelis as Chair and Hill as Vice Chair carried unanimously. Draft Environmental State of the City Eckman reviewed the item to be included in the Environmental State of The City report that will be presented at the May 12, 2015 Council/Manager meeting. A copy of the final report will be sent to the commissioners prior to the meeting. Staff also committed to sending a reminder for the date of the meeting. Program/Project Updates The complete program/project summary is on file. Additional discussion included: DeCola Ponds — Commissioners Hill, Gitelis and Anderson expressed their dissatisfaction in the lack of communication regarding the status of the study. They felt that the commission should have been more informed of the details of the study especially prior to the recent neighborhood meeting. The commission requested staff look at ways to improve communication to residents and commissions regarding meetings and projects. Metro Blue Line Extension — Galonska reported that the community working group met for the last time the week of April 20th. The group reviewed the draft of the station area planning report. Once the report is published, possibly in early May, a copy will be given to the Environmental Commission, Planning Commission and Open Space and Rec Commission for review and comments. It will then be forwarded to City Council. There will be a community open house on June 4th at the Urban Research and Outreach Center at 2001 Plymouth Ave, Minneapolis. Currently both Golden Valley stations are included in the report. The City has indicated however that is only one station is to be built it would be the Golden Valley Rd. station. Johnson asked if there was discussion about the two railways connecting. Galonska said the topic was not brought up at the meeting. Fonnest reported that Hennepin County has purchased one of the three key properties in Crystal where the corridor will connect. The governor has asked for a full Environmental Impact Statement to Minutes of the Environmental Commission April 27, 2015 Page 2 of 2 be produced. The legislator is working to pass a law to preclude eminent domain by the railroad on land that is owned by a public entity. Commission Member Council Reports Johnson reported that he attended the meeting regarding the Bakken oil trains running through the City as did council member Fonnest. Both believe there is reason for the City to be concerned about these trains running through the City. According to Gitelis there is a lot of information regarding this topic on the City of Crystal website. Other Business The May meeting will be cancelled. Adjourn MOVED by Anderson, seconded by Johnson, and the motion carried to adjourn. Lisa Nesbitt Administrative Assistant Police Civil Service Commission Meeting 7800 Golden Valley Road Golden Valley, MN 55427 Tuesday, July 21, 2015 — 12 noon Public Safety Building Conference Room MINUTES Call to Order Attendance/Roll Call The meeting was called to order by Chair Peterson at 12:00 PM. Present at the meeting were Commissioners Ben Peterson, Gloria Kumagai and Roxanne Sienko; Police Chief Stacy Carlson, Commander Jason Sturgis, Lieutenant Steve Johnson and Administrative Assistant Amanda Johnson. Agenda Review Commissioner Kumagai advised the addition to the police officer eligibility register should be added to the agenda under Other Business. Approval of Minutes of February 2, 2015 Commissioner Kumagai moved to approve the February 2, 2015 minutes; seconded by Commissioner Sienko. The February 2, 2015 minutes were unanimously approved. Approval to Initiate a Sergeant Promotional Process Chief Carlson advised the current sergeant eligibility register is due to expire on July 30, 2015. Chief Carlson is seeking approval to initiate a sergeant promotional process on August 10, 2015, consisting of a similar assessment center as was conducted during the last promotional process in 2013. Commissioner Sienko moved to approve the initiation of a sergeant promotional process; seconded by Commissioner Kumagai. The motion was unanimously approved. Other Business Chief Carlson advised there is a current police officer vacancy and no viable candidates remain on the current police officer eligibility register who are able to enter the field training program in the very near future. The eligibility register approved in November 2014 consists of six candidates: candidate #1 has been hired and is currently in the field training program, candidate #2 is still viable, but is currently recovering from a work-related injury and is not able to be hired still for some time, candidates #3, #4 and #5 have been hired as police officers at other departments, and candidate #6 did not successfully complete the background investigation. Police administration conducted oral interviews on 07/20/15 of candidates who successfully completed all steps in the hiring process, but had not yet interviewed. Chief Carlson advised candidate Mark Geyer successfully completed the oral interview and ended with an overall score of 88. Chief Carlson is seeking approval to add Mark Geyer to the current police officer eligibility register at rank #7. If approved, a background investigation will begin on Geyer for the current police officer vacancy. Commissioner Sienko inquired when candidate #2 would be cleared to return to work and Chief Carlson stated it could be within a week, but additional recovery time is desired before hiring a candidate healing from an injury. Commissioner Sienko moved to approve the addition of Mark Geyer to the current police officer eligibility register at rank #7; seconded by Commissioner Kumagai. The motion was unanimously approved. Closing Comments There were no closing comments. Adjournment Commissioner Kumagai moved to adjourn the meeting; seconded by Commissioner Sienko. The meeting was adjourned at 12:11 PM. Respectfully submitted, Gloria Kumagai, Secretary JOINT WATER COMMISSION MINUTES Golden Valley - Crystal - New Hope Meeting of June 3, 2015 The Golden Valley — Crystal — New Hope Joint Water Commission (JWC) meeting was called to order at 1:30 pm in the City of Golden Valley Council Conference Room. Commissioners Present Tom Burt, City Manager, Golden Valley Anne Norris, City Manager, Crystal Kirk McDonald, City Manager, New Hope Staff Present Mark Ray, Director of Public Works/City Engineer, Crystal Sue Virnig, Finance Director, Golden Valley Jerry Roehl, Crew Leader— Utilities, Golden Valley Matt Rowedder, Crew Leader— Utilities, Golden Valley Bernie Weber, Operations Manager, New Hope Bob Paschke, Director of Public Works, New Hope Dave Lemke, Utilities Supervisor, New Hope R.J. Kakach, Utility Engineer, Golden Valley Lisa Wittman, Administrative Assistant, Golden Valley Minutes of May 18, 2015 Meeting MOVED by McDonald and seconded by Norris to approve the minutes of the May 18, 2015, meeting as submitted. Motion carried. Resolution 15-03 — Making Annual Elections for the 2015-2016 Insurance Policy Commissioner McDonald introduced the following resolution and moved its adoption: RESOLUTION 15-03 RESOLUTION MAKING ANNUAL ELECTIONS FOR THE 2015-2016 INSURANCE POLICY The motion for the adoption of the foregoing resolution was seconded by Commissioner Norris and upon a vote being taken thereon, the following voted in favor thereof: Burt, Norris and McDonald; and the following voted against the same: none; whereupon said resolution was declared duly passed and adopted, signed by the Chair and his signature attested by the Vice Chair. Amend Bolton & Menk, Inc. Professional Services Agreements for Emergency Wells Project Kakach explained that in August of 2014, Bolton & Menk sent a design update memo to the JWC for the Emergency Wells Project. The memo stated that further design on the front end of the Emergency Wells project would result in decreased construction costs on the back end of the project. He added that the members of the Technical Advisory Committee (TAC) recommended approval of the extra design work however, the item was never placed on a JWC agenda. Joint Water Commission June 3, 2015 Page 2 of 2 MOVED by Norris, seconded by McDonald to amend the Professional Services Agreement with Bolton & Menk, Inc. for the Joint Water Commission Emergency Wells Project Design to increase design costs to a total not to exceed $252,535. TAC Update Kakach stated that Jeff Oliver has been assigned by the TAC lead to be the spokesperson working with the consulting engineer and with each City regarding communications on the improvements to the 36-inch watermain repair project. Kakach referred to the Emergency Well project and stated that MDI is wrapping up their work at the Crystal and New Hope sites and Burschville Construction will be closing out their contract soon. The TAC will be allowing MDI to do some of the Golden Valley work later this year, including mud valves and ladders at the pump house. Kakach stated that the 36-inch PCCP watermain rehabilitation project was awarded to Geislinger & Sons, Inc. The contracts are being prepared for signature and construction should start within the next couple of weeks. Norris added that there will be a change in the contract for the Robbinsdale portion of the work. Burt said he would like a meeting scheduled to discuss a cooperative agreement and costs. Kakach reported that work has started on an emergency plan with interconnects between hydrants between the cities. Kakach reported that scoping work has begun on the PCCP analysis and that request for proposals will go out later this fall with design work starting early 2016. Ray stated that they will be testing the new wells in Crystal on Monday, June 8. Paschke stated that Traut will be putting in casing on June 4. Other Business No other business was discussed. Next Meeting The next meeting is scheduled for Wednesday, July 1, 2015, at 1:30 pm. Adjournment Chair Burt adjourned the meeting at 1:55 pm. Thomas D. Burt, Chair ATTEST: Lisa Wittman, Recording Secretary Cit 10 goldenit� vallelf Physical Development Department 763-593-8030/763-593-3988 (fax) Executive Summary For Action Golden Valley City Council Meeting August 18, 2015 Agenda Item 3. E. 1. Award Contract for Demolition of 6300 Winsdale Street Project 10-04 Prepared By Jeff Oliver, PE, City Engineer Eric Seaburg, EIT, Engineer Summary As part of the ongoing work for the Douglas Drive reconstruction project, the home at 6300 Winsdale Street has been purchased and will be demolished prior to commencement of road reconstruction. As such, staff solicited quotes from qualified demolition contractors to have the demolition work performed. The quotes are listed below: Wickenhauser Demolition & Excavating $24,030.00 Kevitt Excavating, LLC $28,995.00 Lloyd's Construction Services, Inc. $38,180.99 Staff has reviewed the quotes and has found them to be accurate and acceptable. Funding for the demolition work is provided for in the 2015-2019 Douglas Drive Capital Improvement Program (DD-001 page 104) and Hennepin County will reimburse the City for 50%of the costs. Attachments • Location Map (1 page) Recommended Action Motion to award a contract for the Demolition of 6300 Winsdale Street to the lowest responsible bidder, Wickenhauser Demolition & Excavating, in the amount of$24,030.00. 1500: r. t 6325 r F 6313. _ 6305 b Z f , 3 YK[ G r 6316 6300 1450 - c _ 1400- A' r 6319 6307.. . Sources: Print Date:8/10/2015 City Q� Hennepin County Surveyors Office for Property golden 6300 Winsdale Street Lines(2015)&Aerial Photography(2012). MnDNR for 2-Foot Contours(2011) e V�11 -City of Golden Valley for all other layers. Ile Demolition o 20 40 FEr� city 0f ` goldcn MEMORANDUM 11 1 Physical Development De tea. �'� Department Y P P 763-593-8030/763-593-3988 (fax) Executive Summary For Action Golden Valley City Council Meeting August 18, 2015 Agenda Item 3. E. 2. Award Contract for Demolition of 2300 Douglas Drive Project 10-04 Prepared By Jeff Oliver, PE, City Engineer Eric Seaburg, EIT, Engineer Summary As part of the ongoing work for the Douglas Drive reconstruction project, the home at 2300 Douglas Drive has been purchased and will be demolished prior to commencement of road reconstruction. As such, staff solicited quotes from qualified demolition contractors to have the demolition work performed. The quotes are listed below: Wickenhauser Demolition & Excavating $34,885.00 Lloyd's Construction Services, Inc. $49,123.00 Staff has reviewed the quotes and has found them to be accurate and acceptable. Funding for the demolition work is provided for in the 2015-2019 Douglas Drive Capital Improvement Program (DD-001 page 104) and Hennepin County will reimburse the City for 50% of the costs. Attachments • Location Map (1 page) Recommended Action Motion to award a contract for the Demolition of 2300 Douglas Drive to the lowest responsible bidder, Wickenhauser Demolition & Excavating, in the amount of$34,885.00. Nn 2365 r 2310 2335 2300 . . • M 2305 .j 2230 Sources: Print Date:8/1015 City O0/2 f -Hennepin County Surveyors Office for Property golden, 2 3 0 0 Douglas Drive Lines(2015)&Aerial Photography(2012). MnDNR for 2-Foot Contours(2011) e valley City of Golden Valley for all other layers y Demolition . ' 0 20 40 80 MMMq Feet Clty t)� gol -den MEMORANDUM valley Cit Administration Council 763-593-3989/763-593-8109(fax) Executive Summary For Action Golden Valley City Council Meeting August 18, 2015 Agenda Item 3. F. Second Consideration -Amendment to City Code Section 6.43 Peddlers and Solicitors Prepared By Chantell Knauss, Assistant City Manager Summary At the June 9 and July 14 Council/Manager meetings, Council requested staff to bring forth amendments to Section 6.43 Peddlers/Solicitors of the City Code to incorporate the following items: 30 calendar day permit Permit is issued per individual, not per business and/or organization Exempting certain children's organizations from licensing Restricting hours to 9 am - 8 pm Posting and enforcement of "No Soliciting" signs The proposed fee would be $30 per permit per 30 calendar day period. This amendment will be effective upon publication for any new licenses. Those individuals and/or entities with current licenses would be allowed to use them through December 31, 2015. The first consideration of this ordinance was presented at the August 5, 2015, Council meeting. There was discussion regarding the hours that peddling and soliciting would be allowed and if literature could be left at a residence that had a posted no-solicitation sign. As a result of the discussion, the following changes have been made to the ordinance since that meeting: Subdivision 7 (B) changing the restriction hours to 9 am to 8 pm. A provision to Subdivision 9 (B)to add: in an attempt to make person contact with the owner or occupant. This provision would allow literature to be left at a residence with a posted no-solicitation sign. The City Attorney has reviewed the proposed code amendments. Attachments • Ordinance #573, Amendment to City Code Section 6.43 Peddlers and Solicitors (5 pages) • Summary of Ordinance #573, Amendment to City Code Section 6.43 Peddlers and Solicitors (1 page) Recommended Action Motion to adopt second consideration, Ordinance#573, amending City Code Section 6.43 for Peddlers and Solicitors. Motion to approve Summary of Ordinance #573 for publication. ORDINANCE NO. 573, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Repealing in its Entirety Section 6:43: Peddlers and Solicitors And Adding a New Section 6:43: Peddlers and Solicitors The City Council of the City of Golden Valley ordains as follows: Section 1. City Code, Chapter 6, Section 6:43 entitled "Peddlers and Solicitors" is hereby repealed in its entirety. Section 2. City Code, Chapter 6, Section 6:43 is hereby amended by adding a new Section 6:43, entitled "Peddlers and Solicitors", reading as follows: Section 6.43: Peddlers and Solicitors Subdivision 1. Definitions For the purpose of this Section, the following terms have the meanings stated: A. Peddler: means any person who goes from place to place, or house to house, in the City selling or taking orders for the immediate delivery upon sale of(i) goods or services, or (ii) the making, manufacturing or repairing of any article or thing whatsoever. The term does not include a person engaged in the activity of selling or taking of orders on behalf of a nonprofit organization when the selling is done to, or the taking of orders is from, members of one specific nonprofit organization, nor does the term include any person who sells or delivers goods or services to established customers in the regular course of business. B. Peddling: means the act of being a peddler. C. Solicitor: means any peddling where the order for services or goods is for future delivery or for the acceptance, demand, or receipt of payment or deposit of money, and/or the solicitation of money or funds. D. Soliciting: means the act of being a solicitor. E. Nonprofit Organization: means a charitable, religious, political or educational organization if such organization is registered with the Secretary of State pursuant to the provisions of Minnesota Statutes, Section 309.52 as a charitable organization or is exempted therefor pursuant to the provisions of Section 309.515. F. Non-Commercial Advocate: means a person who goes place to place, or house to house, for the primary purpose of disseminating religious, political, social, or other ideological beliefs. Subdivision 2. License Required. It is unlawful for any person to engage in the business of peddler or solicitor without a license therefor from the City. Each person engaged as a peddler or solicitor must secure an individual license. All applications for licenses shall be issued or denied by the City Manager or his/her designee. Applications for a license shall be on forms provided by the City and shall be accompanied by a fee in the amount as set forth by City Ordinance, Ordinance No. 573 - continued provided solicitors dealing with merchandise of any kind to be delivered to customers directly from points outside the State of Minnesota shall be exempt from payment of the license fee. Subdivision 3. Exempt Activities. A. The provisions of Subdivision 2 shall not apply to: 1. Any person selling or attempting to sell at wholesale any goods, wares, products, merchandise, or other personal property to a retail seller of the items being sold by the wholesaler; 2. Any person selling products of a farm or garden occupied and cultivated by the person selling the same; 3. Any person who makes initial contacts with other people for the purpose of establishing or trying to establish a regular customer delivery route for the delivery of perishable food and dairy products, such as baked goods or milk; 4. Any person making deliveries of newspapers, newsletters, or other similar publications on an established customer delivery route, when attempting to establish a regular delivery route, or when publications are delivered to the community at large; and 5. Any person, age seventeen (17) and under, participating as a peddler or solicitor in fundraising programs for, or sponsored by, a public or private elementary, junior high, high school, or bona fide children's organization including, without limitation, Boy Scouts, Girl Scouts, or youth sports, arts or similar extracurricular activities. B. All persons exempt from Subdivision 2 by virtue of Subdivision 3.A. shall nevertheless comply with Subdivisions 7 and 9 of this Section. Subdivision 4. License Application. A. Each application for a license required under this Section shall provide the following information: 1. name of the applicant; 2. permanent address of the applicant; 3. local address of the applicant; 4. telephone number of the applicant; 5. date of birth of the applicant; 6. physical description of the applicant; 7. dates for which the right to do business is desired; 8. description of the nature of the business and goods or services to be sold; 9. description of vehicle(s) used in connection with work; Ordinance No. 573 - continued 10. statement as to whether or not the applicant has been convicted, within the past five (5) years, of any crime, misdemeanor, or violation of any ordinance other than misdemeanor traffic violations, including nature of the offense and the penalty or punishment assessed; and 11. statement as to whether or not the applicant has had a registration, license and/or identification card for peddler and/or solicitor denied or revoked by the City or any other government body within the past three (3) calendar years prior to the application date. B. If the applicant is working for a business, in addition to the above information, each individual applicant shall provide the following information: 1. legal name of the business; 2. address of the business; 3. legal structure of the business; and 4. whether or not the business employing the applicant has, within the past five (5) years, been the subject of an investigation by a consumer protection agency and/or the attorney general's office of any state. C. If the applicant is soliciting funds for a cause, such applicant shall provide information setting forth a description of the cause, its purposes, goals, the location to which and persons to whom the funds will go. D. The application shall be submitted in person by each individual applicant to the City Manager or his/her designee. The identity of the applicant shall be verified by photo identification (valid State driver's license or State identification card). Information on the application may be verified by the City prior to granting a license. E. All applicants will have a criminal history query conducted, to ensure the applicant does not have a disqualifying criminal event on their record. F. Any changes in the information given by an applicant, which occur while the license under which the person is peddling or soliciting is in force and effect, shall be immediately reported in writing to the City Manager or his/her designee. Subdivision 5. Issuance. If the application is approved by the City Manager or his/her designee, the applicant shall be issued a license and identification card which must be clearly displayed on the front of the peddler or solicitor's outer garment when conducting business in the City. The license and identification card are non-transferable. The license shall be valid for not more than thirty (30) calendar days, which days must be consecutive and begin within thirty (30) calendar days of the date the license is issued. Subdivision 6. Denial. Any one of the following shall constitute grounds for denial of the license application: Ordinance No. 573 - continued A. The failure of an applicant to truthfully provide any information requested by the City as part of the application process. B. Past fraud, misrepresentation or misstatement made in the course of carrying on business as a peddler or solicitor. C. Conviction of any crime directly related to carrying on business as a peddler or solicitor, as provided in Minn. Stats. §364.03, Subd. 2, where the applicant has not shown competent evidence of sufficient rehabilitation and present fitness to perform the duties and responsibilities, as provided in Minn. Stats. §364.03, Subd. 3. Crimes that are considered to be directly related to the business of peddling and soliciting include, but are not limited to: crimes involving assault, criminal sexual conduct, burglary, robbery, fraud, theft or moral turpitude. D. Revocation within the past five (5) years of a license issued under this Section. E. Violations of any provision of this Section within the past five (5) years. Subdivision 7. Restrictions. No peddler or solicitor shall do any of the following: A. Engage in peddling or soliciting without clearly displaying on the peddler or solicitor's front outer garment the identification card issued by the City, if a license is required under this Section. B. Engaging in peddling or soliciting before 9 am or later than 8 pm. C. Walk on or about any side or rear yard or attempt to make contact at any point other than the main point of entrance or front door of a residence or place of business. D. Fail to promptly depart from the premises following completion of a transaction or following an unsuccessful attempt to contact the resident of the premises. E. Commit any act or conduct constituting harassment, a nuisance, theft, deceit or menacing or otherwise unlawful activities or violate any other provisions of this Code or state law. F. Claim to have the endorsement of the City solely based on the City having issued a license or certificate of registration to that person. G. Violate Subdivision 9 of this Section. Subdivision 8. Revocation of License. Notwithstanding anything to the contrary in this Chapter, if the holder of a license granted under this Section violates any provision of this Section, the City Manager or his/her designee may revoke such license. Revocation shall be effective upon written notice thereof to the licensee. Notice shall be provided by personal delivery to the licensee or by any manner otherwise permitted for the service of process under the Minnesota Rules of Civil Procedure for the District Courts. Any person that has a license granted under this Section revoked by the City Manager or his/her designee shall have the right to appeal such revocation to a hearing officer in an administrative hearing as provided for in City Code, Section 2.91. Ordinance No. 573 - continued Subdivision 9. Non-Commercial Advocate, Peddlers and Solicitors May Be Prohibited by Placard. A. Any property owner or occupant who wishes to exclude non-commercial advocates, peddlers and/or solicitors from his/her/its premises may place upon or near the principal entrance to the premises a printed placard or sign bearing the following notice: "No Soliciting", "No Soliciting or Peddling", or comparable statement. The printing on the placard or sign shall be large enough to be visible from a distance of five (5) feet. B. No non-commercial advocate, peddler or solicitor, including those exempt from license requirements as provided in Subdivision 3, shall ring any doorbell, knock on any door and/or enter upon any premises in an attempt to make person contact with the owner or occupant, where such a placard or sign is posted, unless the non- commercial advocate, peddler or solicitor has been previously invited by the owner or occupant. C. No person other than the owner or occupant of the premises shall remove, injure or deface the placard or sign. Subdivision 10. Non-Commercial Advocate. Subdivisions 2 through 8 of this Section, inclusive, shall not apply to non-commercial advocates and such subdivisions shall not be interpreted to prohibit or restrict non- commercial advocates. Non-commercial advocates shall be subject to Subdivision 9 of this Section. Section 3. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and City Code Chapter 6, Section 6.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 4. These amendment will be effective upon publication for any new licenses. Those individuals and/or entities with current licenses would be allowed to use them through December 31, 2015. Adopted by the City Council this 18th day of August, 2015. /s/Shepard M. Harris Shepard M. Harris, Mayor ATTEST: /s/Kristine A. Luedke Kristine A. Luedke, City Clerk ORDINANCE NO. 573, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Repealing in its Entirety Section 6:43: Peddlers and Solicitors And Adding a New Section 6:43: Peddlers and Solicitors This is a summary of the provisions of the above Ordinance which has been approved for publication by the City Council. This ordinance amends Chapter 6, Section 6:43: Peddlers and Solicitors by deleting the current Section in its entirety and replacing it with a new Section 6.43: Peddlers and Solicitors. This Section provides for the licensing of peddlers and solicitors in the City of Golden Valley. As compared to the current Section 6.43, Section 6.43 as amended provides, among other things: • A 30 calendar day permit • Permits issued per individual, not per business and/or organization • Exempts certain children's organizations from licensing • Restricts peddling and soliciting hours to 9 am - 8 pm • Provides there may be no peddling or soliciting at premises with a "No Soliciting" sign These amendment will be effective upon publication for any new licenses. Those individuals and/or entities with current licenses will be allowed to use them through December 31, 2015. A printed copy of the full text of the ordinance is available for inspection by any person during regular office hours at the office of the City Clerk. Adopted by the City Council this 18th day of August, 2015. /s/Shepard M. Harris Shepard M. Harris, Mayor ATTEST: /s/Kristine A. Luedke Kristine A. Luedke, City Clerk city ' ( 1 ������ni��Mllla ��� Viiiiiiiiiiiiii ��„,„„, „„„ , �imu ��' „1;1;1,1, of I . �w. ���'' Administrative Services Department 763-593-8013/763-593-3969(fax) Executive Summary For Action Golden Valley City Council Meeting August 18, 2015 Agenda Item 3. G. Second Consideration -Amending the 2015 Master Fee Schedule for Peddlers and Solicitors Prepared By Sue Virnig, Finance Director Chantell Knauss, Assistant City Manager Stacy Carlson, Police Chief Summary First consideration of this Ordinance will provide amendments to the 2015 Master Fee Schedule due to the ordinance change with Peddlers and Solicitors. The current fee is: Peddlers and Solicitors 1st person $30.00 Each additional person (up to a max fee of$50.00 per time) $ 5.00 The new fee that should be considered that will take effect August 28, 2015 is: Peddlers and Solicitors Company Registration $ 5.00 Each employee(background check/Identification card) $30.00 The first consideration of this ordinance was presented at the August 5, 2015 Council meeting. If the Council adopts the ordinance on second consideration, it will be effective upon publication. Attachments • Ordinance#574, Amending 2015 Master Fee Schedule for Peddlers/Solicitors Fees (1 page) Recommended Action Motion to adopt second consideration, Ordinance #574, Amendments to the 2015 Master Fee Schedule for Peddlers and Solicitors Fees. ORDINANCE NO. 574, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Amending 2015 Master Fee Schedule for Peddlers and Solicitor Fees The City Council for the City of Golden Valley hereby ordains: Section 1. The 2015 Master Fee Schedule in Chapter 25 of the City Code is hereby amended by changing the following Peddlers and Solicitors fees: Peddlers and Solicitors Fee Company Registration $ 5.00 Each employee (background check/Identification card) $30.00 Section 2. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" is hereby adopted in its entirety, by reference, as though repeated verbatim herein. Section 3. This ordinance shall take effect from and after its passage and publication as required by law. Adopted by the City Council this 5th day of August, 2015. /s/Shepard M. Harris Shepard M. Harris, Mayor ATTEST: /s/Kristine A. Luedke Kristine A. Luedke, City Clerk cit 0 gold" enl'!.- 'IT MEMORANDUM Valle, Administrative Services Department 763-593-8013/763-593-3969(fax) Executive Summary For Action Golden Valley City Council Meeting August 18, 2015 Agenda Item 3. H. Receipt of July 2015 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 July 2015, the City has $220,662 to balance the General Fund Budget. Attachments • July 2015 General Fund Financial Reports (2 pages) • July 2015 Conservation/Recycling Fund (1 page) • July 2015 Water and Sewer Utility Fund (1 page) • July 2015 Brookview Golf Course (1 page) • July 2015 Motor Vehicle Licensing (1 page) • July 2015 Storm Utility Fund (1 page) • July 2015 Equipment Replacement Fund (1 page) Recommended Action Motion to receive and file the July 2015 Financial Reports. City of Golden Valley Monthly Budget Report-General Fund Revenues July 2015(unaudited) Percentage Of Year Completed 58.00% Over % 2015 July YTD (Under) of Budget Type Budget Actual Actual Budget Received Ad Valorem Taxes $13,266,155 6,841,604 6,850,281 ($6,415,874) 51.64% (1) Licenses 221,565 7,960 205,743 ($15,822) 92.86% Permits 800,000 97,717 669,709 ($130,291) 83.71% Federal Grants 0 1,150 3,253 $3,253 State Aid 261,600 120,826 135,886 ($125,714) 51.94% (2) Hennepin County Aid 31,205 6,205 31,205 $0 (3) Charges For Services: General Government 19,065 17,594 27,708 $8,643 145.33% Public Safety 176,120 7,709 102,980 ($73,140) 58.47% Public Works 141,000 13,017 88,891 ($52,109) 63.04% Park & Rec 396,300 47,059 213,753 ($182,547) 53.94% Other Funds 841,500 120,609 466,556 ($374,944) 55.44% Fines & Forfeitures 320,425 27,823 164,228 ($156,197) 51.25% (4) Interest On Investments 100,000 0 0 ($100,000) 0.00% (5) Miscellaneous Revenue 227,200 19,749 121,720 ($105,480) 53.57% Transfers In 100,000 8,333 58,333 ($41,667) 58.33% (6) TOTAL Revenue $16,902,135 $7,337,355 $9,140,246 ($7,761,889) 54.08% Notes: (1) Payments are received in July, December, and January (delinquencies). (2) Police Training will be paid in August. Safe and Sober is billed on time spent. (3)Violent Offenders Task Force is run by Hennepin County. (4) Fines/Forfeitures are through May 2015. (5) Investment income is allocated at year end. (6)Transfers are monthly. City of Golden Valley Monthly Budget Report- General Fund Expenditures July, 2015 (unaudited) Over % 2015 July YTD (Under) Of Budget Division Budget Actual Actual Budget Expend. 001 Council $330,450 34,451 213,206 ($117,244) 64.52% 003 City Manager 774,940 54,566 391,474 (383,466) 50.52% 004 Transfers Out 475,000 0 475,000 0 100.00% (1) 005 Admin. Services 1,726,920 368,132 1,043,400 (683,520) 60.42% 006 Legal 139,050 10,852 59,741 (79,309) 42.96% (2) 007 Risk Management 300,000 58,529 182,306 (117,694) 60.77% 011 General Gov't. Bldgs. 560,590 42,741 273,555 (287,035) 48.80% 016 Planning 303,780 21,405 151,146 (152,634) 49.76% 018 Inspections 704,575 50,667 354,647 (349,928) 50.33% 022 Police 5,568,860 379,171 2,750,537 (2,818,323) 49.39% 023 Fire 1,255,045 116,423 685,382 (569,663) 54.61% 035 Physical Dev Admin 285,180 20,452 143,149 (142,031) 50.20% 036 Engineering 759,890 82,660 356,159 (403,731) 46.87% 037 Streets 1,473,370 95,843 652,048 (821,322) 44.26% 065 Community Center 75,615 4,070 34,350 (41,265) 45.43% 066 Park& Rec. Admin. 698,640 52,633 383,433 (315,207) 54.88% 067 Park Maintenance 1,095,740 88,970 601,265 (494,475) 54.87% 068 Recreation Programs 374,490 36,226 168,786 (205,704) 45.07% TOTAL Expenditures $16,902,135 $1,517,791 $8,919,584 ($7,982,551) 52.77% (1)This transfer was made in June, 2015. (2) Legal services are through June. City of Golden Valley Monthly Budget Report-Conservation/Recycling Enterprise Fund July 2015 (unaudited) Over 2015 July YTD (Under) % Budget Actual Actual Budget Current Revenue Hennepin County Recycling Grant 56,770 0 32,369 (24,401) 57.02% Recycling Charges 332,875 29,148 165,918 (166,957) 49.84% Miscellaneous Revenues 3,000 0 0 (3,000) Interest on Investments 9,000 0 0 (9,000) 0.00% (1) Total Revenue 401,645 29,148 198,287 (203,358) 49.37% Expenses: Recycling 451,460 34,098 213,194 (238,266) 47.22% (2) Total Expenses 451,460 34,098 213,194 (238,266) 47.22% (1) Interest Earnings are allocated at year-end. (2) Republic Services are billed through June. Rebate YTD-$578.28 City of Golden Valley Monthly Budget Report-Water and Sewer Utility Enterprise Fund July, 2015(unaudited) Over 2015 July YTD (Under) % Budget Actual Actual Budget Current Revenue Water Charges 4,360,500 505,276 2,041,826 (2,318,674) 46.83% Emergency Water Supply 183,600 19,502 84,741 (98,859) 46.16% (1) Sewer Charges 3,276,450 339,372 1,856,843 (1,419,607) 56.67% Meter Sales 8,000 2,446 7,557 (443) 94.46% MCES Grant Program 0 7,752 28,367 28,367 Penalties 110,000 30,713 102,657 (7,343) 93.32% Charges for Other Services 90,000 158,549 197,265 107,265 219.18% State Water Testing Fee Pass Through 45,500 4,138 23,271 (22,229) 51.15% Sale of Assets/Misc Receipts 10,000 0 2,518 (7,482) 25.18% Certificate of Compliance 75,000 12,825 57,775 (17,225) 77.03% Interest Earnings 15,000 0 0 (15,000) 0.00% Total Revenue 8,174,050 1,080,573 4,402,820 (3,771,230) 53.86% Expenses: Utility Administration 2,436,590 154,453 903,168 (1,533,422) 37.07% Sewer Maintenance 2,752,485 204,262 1,659,973 (1,092,512) 60.31% Water Maintenance 4,571,485 1,189,112 3,116,467 (1,455,018) 68.17% Total Expenses 9,760,560 1,547,827 5,679,608 (4,080,952) 58.19% (1) First payment of$216,720 is due on 10/31/15. City of Golden Valley Monthly Budget Report- Brookview Golf Course Enterprise Fund July, 2015 (unaudited)Course Opened March 13, 2015 Over 2015 July YTD (Under) % Budget Actual Actual Budget Current Revenue Green Fees 838,265 185,906 561,946 (276,319) 67.04% Driving Range Fees 105,000 30,423 98,908 (6,092) 94.20% Par 3 Fees 137,370 35,851 108,437 (28,933) 78.94% Lawn Bowling 38,000 12,097 22,719 (15,281) 59.79% Pro Shop Sales 80,000 19,366 58,653 (21,347) 73.32% Pro Shop Rentals 244,000 57,137 159,863 (84,137) 65.52% Concession Sales 281,000 85,520 233,901 (47,099) 83.24% Other Revenue 72,280 5,839 74,574 2,294 103.17% Interest Earnings 2,000 0 0 (2,000) 0.00% (1) Less:Credit Card Charges/Sales Tax (35,000) (6,768) (12,949) 22,051 37.00% Total Revenue 1,762,915 425,371 1,306,052 (456,863) 74.08% Expenses: Golf Operations 682,945 70,683 405,882 (277,063) 59.43% (2) Course Maintenance 695,665 77,266 382,715 (312,950) 55.01% Pro Shop 106,300 11,442 98,479 (7,821) 92.64% Grill 244,355 60,329 163,164 (81,191) 66.77% Driving Range 49,715 8,430 30,680 (19,035) 61.71% Par 3 Course 25,770 4,436 14,479 (11,291) 56.19% Lawn Bowling 20,175 1,669 7,719 (12,456) 38.26% Total Expenses 1,824,925 234,255 1,103,118 (721,807) 60.45% (1) Interest Earnings are allocated at year-end. (2) Depreciation is allocated at year-end. City of Golden Valley Monthly Budget Report- Motor Vehicle Licensing Enterprise Fund July 2015(unaudited) Over 2015 July YTD (Under) % Budget Actual Actual Budget Current Revenue Interest Earnings 2,000 0 0 (2,000) 0.00% (1) Charges for Services 406,330 35,384 239,443 (166,887) 58.93% Total Revenue 408,330 35,384 239,443 (168,887) 58.64% Expenses: Motor Vehicle Licensing 408,330 32,657 224,095 (184,235) 54.88% Total Expenses 408,330 32,657 224,095 (184,235) 54.88% (1) Interest Earnings are allocated at year-end. City of Golden Valley Monthly Budget Report-Storm Utility Enterprise Fund July, 2015 (unaudited) Over 2015 July YTD (Under) % Budget Actual Actual Budget Current Revenue Interest Earnings 45,000 0 0 (45,000) 0.00% (1) Storm Sewer Charges 2,228,920 197,472 1,267,447 (961,473) 56.86% Bassett Creek Watershed 1,453,000 61,993 97,141 (1,355,859) 6.69% Miscellaneous Receipts 0 0 0 0 State Grant-Other 0 0 0 0 Total Revenue 3,726,920 259,465 1,364,588 (2,362,332) 36.61% Expenses: Storm Utility 2,510,590 264,622 957,907 (1,552,683) 38.15% (2) Street Cleaning 125,535 603 60,715 (64,820) 48.36% Environmental Control 294,465 36,265 159,118 (135,347) 54.04% Debt Service Payments 171,220 18,776 170,717 (503) 99.71% Total Expenses 3,101,810 320,266 1,348,457 (1,753,353) 43.47% (1) Interest Earnings are allocated at year-end. (2) Depreciation is allocated at year-end and. 2015 Equipment Replacement Fund(CIP)-Fund 5700 2015 July YTD Budget Total Actual Remaining Revenues: Proceeds-Certificate of Indebtedness 800,000 802,830 810,830 10,830 Sale of Assets 35,000 0 20,000 (15,000) Miscellaneous 0 1,975 2,736 2,736 Interest Earnings(allocated at year end) 20,365 0 0 (20,365) Total Revenues 855,365 804,805 833,566 (21,799) Expenditures: Program q Project Number Project Name 5700 Bond Expenditures 0 10,588 10,588 (10,588) 5701 V&E-001 Marked Squad Cars(Police) 75,000 160 64,048 10,952 (1) 5702 V&E-002 Computers and Printers(Finance) 80,000 7,196 38,559 41,441 5703 V&E-004 Phone System(Finance) 69,500 0 0 69,500 5712 V&E-024 Unmarked Police Vehicle 34,000 0 35,623 (1,623) 5737 V&E-027 Rotary Mower(Park) 98,000 0 95,641 2,359 5793 V&E-050 Bobcat Toolcat 50,000 0 46,000 4,000 (2) 5742 V&E-082 Fire Pumper 575,000 0 284,463 290,537 5762 V&E-091 Pickup Truck(Park) 50,000 0 27,443 22,557 5800 V&E-087 Pickup Truck(Fire) 40,000 0 30,314 9,686 5786 V&E-083 Passenger Vehicle(Fire) 40,000 0 30,222 9,778 5722 V&E-127 800 Mhz Radios(Fire) 165,500 0 151,556 13,944 5721 V&E-129 800 Mhz Radios(Police) 162,180 0 155,526 6,654 Total Expenditures 1,439,180 17,944 969,983 469,197 (1)Computers are replaced every 4-5 years and purchased throughout the year based on available time. (2)First half payment due 90 days prior to delivery. Cit 0 901dentAr M E M 0 R A N D U M vallte. -YT Administrative Services Department 763-593-8013/763-593-3969(fax) Executive Summary For Action Golden Valley City Council Meeting August 18, 2015 Agenda Item 3. I. Authorize Transfer of Funds from Capital Improvement Fund Prepared By Susan Virnig, Finance Director Summary In 2014, the Golden Hills Tax Increment Area was decertified. In February 2015, the last bond payments were made. Per State Statute, any remaining funds need to be sent to the County within nine months. All funds were sent in April and the monies were disbursed with the first-half tax payments that were received in early July. The City received $3,361,060.42 from the closure. There are no requirements where the money is to be spent. Council discussed the transfers at their August 11, 2015, Council/Manager meeting. Staff is recommending the following: $200,000 -The Housing and Redevelopment Authority (HRA) will need this transfer to pay for future legal and auditing charges. Although the Highway 55 Redevelopment Area will charge for administration, it will not be allowed until the HRA receives increment. This would also eliminate a possible increase in future tax levies. $14,000-The City needs to update its City Code. The codification process coordinates the customized code based on the latest federal and state laws, rules, and other court decisions. Once customized, it will be easier to keep current. The new City Code would be set up for easier use and be indexed and searchable. $25,000 -The last city-wide survey was done in 2013 and needs to be updated to provide the City useful information for updating the Comprehensive Plan and future endeavors. $147,060.42 -This amount would be allocated to the Park Improvement Fund to replace tennis courts and play structures. This would improve the timing of these replacements. More will be discussed at the September Council Manager meeting. $1,000,000- In 2018, the City will need to replace the aerial fire truck that will be 25 years old. The current estimate of this replacement is $1,500,000. The following amounts would be assigned funds in the Capital Improvement Fund and remain in that fund and not transferred: $1,800,000- This amount will be used for an interfund loan to the Utility Fund. With the 36-inch PCCP water main pipe repairs, the Utility Fund would need to borrow monies to make payment. An interfund loan would need to be approved at the next City Council meeting. To repay the interfund loan, the City will need to increase its water rates by 30 cents per 1,000 gallons starting October 1. $135,000-This amount would pay for the upcoming Comprehensive Plan update. The current budget has $67,500 in 2016 and $67,500 in 2017. Property taxes on the median home would decrease by $4.76. $40,000- Direction was made to have staff add this to the budget at the Council Manager meeting on July 14. The idea was to engage the community regarding future development along Harold Ave between Winnetka and Glenwood. Attachments • Resolution authorizing transfer from Capital Improvement Fund to Housing & Redevelopment General Fund; General Fund; Park Improvement Fund and Equipment Fund (1 page) Recommended Action Motion to adopt Resolution Authorizing Transfer of$1,386,060.42 from the Capital Improvement Fund to the Housing and Redevelopment General Fund ($200,000); General Fund ($39,000); Park Improvement Fund ($147,060.42) and the Equipment Fund ($1,000,000). Resolution 15-66 August 18, 2015 Member introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE TRANSFER OF $1,386,060.20 FROM THE CAPITAL IMPROVEMENT FUND HOUSING AND REDEVELOPMENT FUND ($200,000); GENERAL FUND ($39,000); PARK IMPROVEMENT FUND ($147,060.42) AND EQUIPMENT REPLACEMENT FUND ($1,000,000) WHEREAS, the monies received from the Capital Improvement Fund were from the decertification of Golden Hills Tax Increment Fund; and WHEREAS, the transfer of$200,000 to the Housing and Redevelopment (HRA) General Fund would pay for auditing and legal services for the HRA; and WHEREAS, the transfer of $39,000 to the General Fund would fund costs for the Recodification of the City Code ($14,000), and City-wide survey ($25,000); and WHEREAS, the transfer of $147,060.42 to the Park Improvement Fund would fund costs with a new playground structure ($55,000) and tennis court improvements ($92,0600.42); and WHEREAS, the transfer of $1,000,000 to the Equipment Replacement Fund would fund costs with the replacement of the aerial truck in 2018. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Golden Valley to authorize the transfer of$1,386,060.42 from the Capital Improvement Fund to the Housing and Redevelopment General Fund ($200,000); General Fund ($39,000); Park Improvement Fund ($147,060.42) and the Equipment Fund ($1,000,000). Shepard Harris, Mayor ATTEST: Kristine A Luedke, City Clerk The motion for the adoption of the foregoing resolution was seconded by Member and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted, signed by the Mayor and his signature attested by the City Clerk. city 0 goldcnlU, 4.v � MEMORANDUM valley Physical Development Department 763-593-8030/763-593-3988(fax) Executive Summary For Action Golden Valley City Council Meeting August 18, 2015 Agenda Item 3. J. Approve Amendment to Residential Recycling Grant Agreement Prepared By Marc Nevinski, Physical Development Director Summary Hennepin County receives funds from the Solid Waste Management (SWM) tax which it distributes to cities to fund recycling efforts. The County received additional dollars from the SWM tax and the legislature to put towards recycling in 2015, and anticipates additional dollars in 2016. State Statute requires that fifty percent of the additional dollars be used towards organics recycling. Subsequently, the County recently amended its Residential Recycling Fund Policy to: 1) Extend current contracts for an additional year through 2016. 2) Provide funds for organics recycling. Council has recently expressed an interest in organics collection and the Environmental Commission is currently studying the topic. In order to be eligible for organic recycling funds, a city must submit an application detailing how the funds will be used, and be able to document the number of households receiving organic recycling services. Unfortunately, the City is not currently eligible to participate in the organic recycling grant program at this time, although it could be in the future if an organics program is implemented. The County is asking cities to approve a resolution and authorize the execution of the amendment to the Residential Recycling Grant Agreement. Attachments • Amendment No. 1 to the Residential Recycling Grant Agreement (11 pages) • Resolution authorizing amendment to Residential Recycling Grant Agreement with Hennepin County (1 page) Recommended Action Motion to adopt Resolution authorizing the City Manager to execute the Amendment No. 1 to the Residential Recycling Grant Agreement. AMENDMENT NO. 1 TO AGREEMENT A120107 This Agreement is between the COUNTY OF HENNEPIN, STATE OF MINNESOTA, A-2300 Government Center, Minneapolis, Minnesota 55487 ("COUNTY'), on behalf of the Hennepin County Environment and Energy Department, 701 Fourth Avenue South, Minneapolis, Minnesota 55415-1600 ("DEPARTMENT") and the CITY OF GOLDEN VALLEY, 7800 Golden Valley Road, Golden Valley, Minnesota 55427-4588 ("CITY"). WHEREAS,the COUNTY and the CITY entered into a four-year Residential Recycling Grant Agreement, Contract No. A120107 ("Agreement"), for a residential recycling grant commencing on January 1, 2012; and WHEREAS, the County Board, by Resolution No. 15-0216 adopted on June 16, 2015, amended the Hennepin County Residential Recycling Funding Policy to incorporate requirements to expend additional SCORE funds on organics recycling, extended the period from December 31, 2015 to December 31, 2016, and authorized grant funding for municipal recycling programs consistent with said policy; and WHEREAS,the parties desire to amend the Agreement to extend the term and incorporate other changes; NOW, THEREFORE,the parties agree that Agreement A120107 is amended as follows: 1. Paragraph a. of Section 1, TERM AND COST OF THE AGREEMENT, shall be amended to read as follows: This Agreement shall commence upon execution and terminate on December 31, 2016. 2. Section 2, SERVICES TO BE PROVIDED, shall be amended to read as follows: The CITY shall operate its recycling program in accordance with the requirements described in the County's Residential Recycling Funding Policy ("Policy"), attached as Attachment A and incorporated by this reference, and fulfill the responsibilities of the Policy. 3. Section 3, METHOD OF PAYMENT, shall be amended to read as follows: The COUNTY will distribute SCORE funds as described in the Policy. The CITY shall follow the requirements for use of funds described in the Policy. Except as amended, the terms, conditions and provisions of this Agreement shall remain in full force and effect. COUNTY BOARD AUTHORIZATION Reviewed by the County Attorney's COUNTY OF HENNEPIN Office STATE OF MINNESOTA By: Assistant County Attorney Chair of Its County Board Date: ATTEST: Deputy/Clerk of County Board Date: By: David Hough, County Administrator Date: By: Assistant County Administrator, Public Works Recommended for Approval Date: By: Director, Environment and Energy Department Date: MUNICIPALITY CITY warrants that the person who executed this Agreement is authorized to do so on behalf of CITY as required by applicable articles, bylaws, resolutions or ordinances.* Printed Name: Signed: Title: Date: *CONTRACTOR shall submit applicable documentation(articles,bylaws,resolutions or ordinances)that confirms the signatory's delegation of authority. This documentation shall be submitted at the time CONTRACTOR returns the Agreement to the COUNTY. Documentation is not required for a sole proprietorship. Attachment A Hennepin County Residential Recycling FundingPolicy January 1 , 2012 - December 31 , 2016 Public Works Environment and Energy Department Adopted November 29, 2011, Revised June 16, 2015 I. Policy Description The Hennepin County Board of Commissioners determined that curbside collection of recyclables from Hennepin County residents is an effective strategy to reduce reliance on landfills,prevent pollution,reduce the toxicity of waste,conserve natural resources and energy, improve public health, support the economy, and reduce greenhouse gases. Therefore,the county adopted the goals established by the Minnesota Pollution Control Agency(MPCA) in its Metropolitan Solid Waste Management Policy Plan and developed a Residential Recycling Funding Policy to help reach a 75% recycling rate by 2030. The county will distribute all Select Committee on Recycling and the Environment(SCORE) funds received from the state to cities for curbside collection of residential recyclables, including organics. If cities form a joints powers organization responsible for managing a comprehensive recycling and waste education system for the residents of those cities,the county will distribute a recycling grant to that organization. Cities are expected to fulfill the conditions of the policy. Length of Residential Recycling Funding Policy Hennepin County is committed to implement this policy and continue distributing all SCORE funds received from the state for the purpose of funding curbside residential recycling programs from January 1,2012 through December 31, 2016. The county may revise this policy if it determines changes are needed to assure compliance with state law and MPCA goals established for metropolitan counties. In the event that SCORE funds are eliminated from the state budget or significantly reduced, the county will consult with cities to develop a subsequent recommendation for the county board that will continue this policy and fund curbside recycling programs. Fund Distribution The county will distribute to the cities one hundred percent (100%) of SCORE funds that the county receives from the state. SCORE funds are based on revenue collected by the State of Minnesota from the solid waste management(SWM)tax on garbage services. SCORE funds are subject to change based on actual SWM revenue and the funds allocated by the State Legislature. Funds distributed to cities for the current calendar year will be based on SCORE funds received by the county in the state's corresponding fiscal year. In 2014 the State Legislature allocated additional funds to SCORE in 2015 and 2016. Beginning in fiscal year 2015 and continuing thereafter,of any money distributed that exceeds the amount the county received in fiscal year 2014, 50 percent must be expended on organics recycling. 1 II. Recycling Allocation of Funds The following formula will be utilized to determine each city's recycling SCORE grant each year. #of households with curbside recycling in city X Total SCORE funds = Recycling grant amount --------------------------------- available for available to the city Total#of households with recycling curbside recycling in county Eligible households are defined as single family through eight-plex residential buildings or other residential buildings where each housing unit sets out refuse and recycling containers for curbside collection. The cities will determine the number of eligible households by counting the number of households with curbside recycling service on January 1 of each funding year. The number will be reported in the application for funding. The total SCORE grant available for recycling will equal the 2014 base year amount plus 50 percent of additional SCORE funds. If the total SCORE funds are less than the 2014 base year, 100 percent of those funds will be available for recycling. The grant can be used for recycling program expenses including capital and operating costs. Expenses associated with residential collection of organics are eligible recycling program expenses. However, yard waste expenses are ineligible.If organics and yard waste are commingled, the organics expenses must be tracked separately. Responsibilities of Cites A. Grant Agreement Each city seeking funding under the terms of the Residential Recycling Funding Policy must enter into a Residential Recycling Grant Agreement with the county for a term concurrent with the expiration of this policy, December 31, 2016. The grant agreement must be accompanied by a resolution authorizing the city to enter into such an agreement. B.Application for Funding Each city must complete an annual application by February 15 to receive funding for that year. The application consists of the Re-TRAC web-based report and a planning document submitted to the county describing the programs or activities the applicant will implement to increase recycling and make progress toward recycling goals. C. Minimum Program Performance Requirements 2 1. Collection of Recyclables. Cities that contract for curbside recycling services will require a breakout of the following expenses when renewing or soliciting bids for new recycling services: a) containers—if provided by the hauler b) collection service c) processing cost per ton d) revenue sharing 2. Materials to be Collected. At a minimum,the following materials must"be collected curbside: a) Newspaper and inserts; b) Cardboard boxes; c) Glass food and beverage containers; d) Metal food and beverage cans; e) All plastic containers and lids,#1 —Polyethylene Terephthalate(PET, PETE), #2 High Density Polyethylene (HDPE), #3—Vinyl Polyvinyl Chloride (PVC), #4—Low Density Polyethylene (LDPE)and#5—Polypropylene(PP)plastic bottles,except those that previously contained hazardous materials or motor oil; f) Magazines and catalogs; g) Cereal,cracker,pasta, cake mix, shoe, gift,and electronics boxes; h) Boxes from toothpaste,medications and other toiletries; i) Aseptic and gable-topped containers; and j) Mail,office and school papers. The county may add materials to this list and require cities to begin collection within one year of receiving notification from the county. Cities will notify the county if materials not found on this list will be collected. 3. Collection Methods. Cities must use one of the following systems to collect materials at the curb: a) single sort system- all materials combined in one container; or b) dual sort system- glass, metal and plastic together with paper separate If one of these two systems is not in place,the city must submit a plan with its application for converting to a single or dual sort system by December 31, 2016. If the municipality is unable to meet this deadline, an alternative implementation schedule must be negotiated with the county. 4. Education and Outreach. a) County Responsibilities 3 1) Coordinate meetings of the communications committee, which will be composed of county, cities,and other stakeholders. 2) Produce education material templates and print the template materials for cities. Materials will also be available online to download. 3) Provide a minimum of eight promotional resources that will include a newsletter article, a web story, social media posts, and printed promotional materials for municipalities on a variety of waste reduction,reuse, recycling, and proper disposal messages. 4) Develop an annual priority message campaign. The campaign will be one main message to promote throughout the year; for example"recycle magazines."The message and the materials will be developed with the communications committee. The county will provide templates and be responsible for primary distribution of the campaign through direct mail, advertising, or public relations. The cities will be required to support the campaign through their communication channels. b) City Requirements 1) Use county terminology when describing recycling guidelines(i.e. description of materials accepted and not accepted, preparation guidelines, etc.). 2) Use images provided by the county or the Solid Waste Management Coordinating Board, if using images of recyclables. 3) Use the county's terminology,preparation guidelines and images on the city's website. 4) Mail a recycling guide once a year to residents using a template developed by the communications committee and produced and printed by the county at the county's expense. If a municipality does not want to use the template produced by the county,the municipality may develop its own guide at the municipality's expense, with prior approval by the county. If the city relies on its hauler to provide the recycling guide,this guide would also require approval by the county. 5) Complete two additional education activities from a menu of options developed by the communications committee to support the priority message campaign. Any print material that communicates residential recycling guidelines that were not provided by the county template will require county approval. This does not apply to waste reduction and reuse,articles on recycling that do not include guidelines, and social media posts. The county will respond within five business days to any communication piece submitted. 4 5. Use of Funds. a) The city must use all grant funds for waste reduction and recycling capital and operating expenses in the year granted. Cities will not be reimbursed any funds in excess of actual expenses. b) The city may not charge its residents through property tax,utility fees or any other method for that portion of the costs of its recycling program funded by county grant funds. c) The city must establish a separate accounting mechanism, such as a project number, activity number, or fund that will separate recycling revenues and expenditures from other municipal activities, including solid waste and yard waste activities. d) Recycling and waste reduction activities,revenues, and expenditures are subject to audit. e) Cites that do not contract for curbside recycling services will receive grant funds provided that at least ninety percent(90%)of the grant funds are credited back to residents and the city meets all minimum program requirements. The additional ten percent(10%)may be used for administrative and promotional expenses. 6. Reporting Requirements. a) Each city must submit an annual recycling report to the county electronically using the Re-TRAC web-based reporting system by February 15 of each year. If a city is unable to access Re-TRAC, the county must be contacted by February 1 to make arrangements for alternative filing of the report. b) Each city must calculate its participation rate in the curbside recycling program during the month of October. The participation rate will be reported in Re-TRAC. The methodology for measuring participation must be provided to the county upon request. c) Each city must submit an annual planning document to the county describing the programs or activities the applicant will implement to increase recycling and make progress toward county goals. 7. Recycling Performance. On an annual basis, each city must demonstrate a reasonable effort to maintain and increase the average amount of recyclables collected from its residential recycling program to at least 725 pounds per household or a minimum recovery rate of 80%, by December 31,2015. The goal remains the same for December 31, 2016. An alternative performance option for cities with organized waste collection is to validate at least a 35% recycling rate. To ensure the accuracy of data for these metrics, cities will be required,upon request,to provide documentation on the methodology used to calculate performance.To the extent practicable, the results should rely on actual data rather than estimates. Failure by a city to demonstrate measureable progress toward goals will result in the city being required to submit a recycling improvement plan within 90 days of being notified by the county. The recycling improvement plan must be negotiated with the county and specify the efforts that will be undertaken to yield the results necessary to achieve the goals. The plan shall focus on the following areas: type of container, sort method, materials collected, 5 frequency of collection, education and outreach,performance measurement, and incentives. Funding will be withheld until the city's recycling improvement plan is approved by the county. In cooperation with the county,the city may be required to participate in waste and recycling sorts to identify recovery levels of various recyclables in their communities. Based on the results of the study, the county and city will collaborate to increase the recovery of select recyclable materials being discarded in significant quantities. D. Partnership The partnership between the county and cities has been highly effective in educating and motivating behavior of residents resulting in significant amounts of waste being reduced and recycled. In order to continue this partnership and increase these efforts,program activities of cities must be coordinated with county and regional efforts. Cites are responsible for cooperating with the county in an effort to reach the county's goals for recycling and organics recovery. Quarterly recycling coordinator meetings are an opportunity to share resources and facilitate the coordination of efforts. Responsibilities of Hennepin County A. Application Form The county will provide an application form by December that each city will use to report on its recycling program and request grant funding for the next year. B. Payments The county will make grant payments to each city in two equal payments. One payment will be made after the county receives the application, which will consist of the Re-TRAC report and the planning document. A second payment will be made after the report has been approved, measurable progress toward the goals has been confirmed, and, if necessary, a recycling improvement plan has been approved by the county. If the city meets the county requirements, both payments will be made during the same calendar year. 6 111. Organics Recycling Allocation of Funds The following formula will be used to determine a city's organics grant each year. Number of households with curbside organics in city Total SCORE funds Organics grant --------------------------------- x available for = amount available to Total number of households with organics the city curbside organics in county The total SCORE funds available for organics recycling will equal 50 percent of the additional SCORE revenue allocated by the State Legislature. If the total SCORE funding is less than the 2014 base year, no funds will be available for organics recycling. Application for Funds To apply for funds, a city must submit the number of eligible households that signed up for organics to the county by September 1 of each funding year. Use of Funds The grant funds may be used for organics program expenses, including the following: • Contract cost of service(to the city or its residents) • Discount to new customers • Carts • Compostable bags • Kitchen containers • Education and outreach Program administration is an ineligible expense. Yard waste expenses are ineligible expenses. If organics and yard waste are collected together,the organics expenses must be tracked separately. If the city passes funds through to a hauler, 100% of those funds must be credited to households' bills. In addition,the following requirements apply: • All grant funds must be used during the term of the agreement. Funds not spent must be returned to the county. • Funds must be expended on eligible activities per Minnesota State Statute 115A.557. • A city may not charge its residents through property tax,utility fees or any other method for that portion of the costs of its organics program funded by county grant funds. • Cities must able to account for organics expenditures separately upon request by the county.Expenditures are subject to audit. 7 Education and Outreach The partnership between the county and cities has been highly effective in educating and motivating the behavior of residents,resulting in significant amounts of waste being reduced and recycled. In order to continue this partnership with organics recycling,the county encourages cities to coordinate program activities with county and regional efforts. The county will work with cities to provide assistance with the following: • Standard terminology and images • Organics recycling guide(yes-no list) • Promotional resources to increase participation Reporting A report on the city's organics program must be submitted electronically to the county by February 15 following each funding year. The report must include,but is not limited to,the following: Basic Program Information: • Hauler • Collection method • Where organics are delivered to and processed at • Is service opt-in or opt-out • Cost of service to residents and contract cost to the city • How the service is billed • Items included in service: curbside collection, cart, compostable bags, etc. Results • Tons • Number of households signed up • Average pounds per household per year • Participation(set-out rate on pickup day) • How funds were used 8 Resolution 15-67 August 18, 2015 Member introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING AMENDMENT TO RESIDENTIAL RECYCLING GRANT AGREEMENT WITH HENNEPIN COUNTY WHEREAS, pursuant to Minnesota Statutes, Chapter 115A.552, Counties shall ensure that residents have an opportunity to recycle; and WHEREAS, Hennepin County Ordinance 13 requires that each city implement and maintain a recycling program; and WHEREAS, the Hennepin County Board adopted a resolution to amend the Hennepin County Residential Recycling Funding Policy to incorporate requirements to expend additional Select Committee on Recycling and the Environment (SCORE) funds on organics recycling, and extend the contract period of the Residential Recycling Funding Policy from December 31, 2015 to December 31, 2016; and WHEREAS, in order to receive grant funds, the City must sign the agreement; and WHEREAS, the City wishes to receive these grant funds each year. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Golden Valley, that the City Council accepts the agreement as proposed. BE IT FURTHER RESOLVED, that the City Council authorizes the City Manager to execute such Residential Recycling Grant Agreement with the County. Shepard Harris, Mayor ATTEST: Kristine A Luedke, 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. citvvf , golde nt� MEMORANDUM valley City Administration Council 763-593-3989/763-593-8109(fax) Executive Summary For Action Golden Valley City Council Meeting August 18, 2015 Agenda Item 3. K. Modifying 2015 General Wages and Salary for Public Works Maintenance Manager Position Prepared By Chantell Knauss, Assistant City Manager Summary Earlier this year, it came to our attention that the Public Works Maintenance Manager wages needed a market adjustment. This is due to the increased demands for experienced supervisory personnel in this field of work with the uptick in projects in the construction and maintenance sectors. Attachment • Resolution Modifying 2015 General Wages and Salary for Public Works Maintenance Manager Position (1 page) Recommended Action Motion to adopt Resolution Modifying 2015 General Wages and Salary for Public Works Maintenance Manager. Resolution 15-68 August 18, 2015 Member introduced the following resolution and moved its adoption: RESOLUTION MODIFYING 2015 GENERAL WAGES AND SALARY FOR PUBLIC WORKS MAINTENANCE MANAGER POSITION BE IT RESOLVED, by the City Council of the City of Golden Valley, that it hereby adopts the following amendment to Resolution 14-98, modifying the general wages and salary schedule for the personnel named herein effective May 4, 2015: EXEMPT Step 1 Step 2 Step 3 Step 4 Step 5 Public Works Maintenance Manager $90,265 $94,563 $98,861 $103,160 $107,458 Shepard M. Harris, Mayor ATTEST: Kristine A. Luedke, City Clerk The motion for the adoption of the foregoing resolution was seconded by Member and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted, signed by the Mayor and his signature attested by the City Clerk. city 0 golden valley Physical Development Department Y r �' 763-593-8095 /763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting August 18, 2015 Agenda Item 3. L. Approval of Plat - Golden Villas PUD No. 118 and Authorization to Sign PUD Permit and PUD Development Agreement - Golden Villas PUD No. 118 Prepared By Jason Zimmerman, Planning Manager Summary At the July 21, 2015, City Council meeting, the Council held a public hearing on the Final PUD Plan for Golden Villas. After the hearing, the Council approved the Final Plan. The Final Plat, PUD Permit and PUD Development Agreement have been prepared for consideration. City staff has reviewed the documents and finds them to be consistent with the approved Final PUD Plan and the requirements of City Code. Attachments • PUD Permit- Golden Villas PUD No. 118 (3 pages) • PUD Development Agreement - Golden Villas PUD No. 118 (8 pages) • Resolution for Approval of Plat - Golden Villas PUD No. 118 (2 pages) • Final Plat - Golden Villas PUD No. 118 (2 pages) Recommended Action Motion to adopt Resolution for Approval of Plat - Golden Villas PUD No. 118. Motion to authorize the Mayor and City Manager to sign the PUD Permit and Development Agreement for Golden Villas PUD No. 118. Golden Villas P.U.D. No. 118 City Council Approval: July 21, 2015 City of Golden Valley, Minnesota Use Permit for Planned Unit Development Project Name: Golden Villas P.U.D. No. 118 Location: 9130 and 9220 Olson Memorial Highway, Golden Valley, Minnesota Legal Description: Lot 1, Block 1, Golden Villas P.U.D. No. 118 Applicant: Golden Villas, LLC Address: c/o Continental Property Group, 1907 Wayzata Blvd, Suite 250, Wayzata, MN 55391 Owner: Golden Villas, LLC Address: c/o Continental Property Group, 1907 Wayzata Blvd, Suite 250, Wayzata, MN 55391 Zoning District: High Density Residential (R-4) Permitted Uses: To allow for the construction of a six-story, 172-unit apartment building with one level of underground parking. Components: A. Land Use 1. The plans prepared by ESG Architects, submitted with the application on May 21, 2015, shall become a part of this approval. 2. A Park Dedication Fee of $33,600 shall be paid by the developer prior to release of the Final Plat and the issuance of any building permits. 3. No snow shall be stored on the site. B. Construction 1. The recommendations and requirements outlined in the memo from the Fire Department to the Planning Manager dated June 15, 2015, shall become a part of this approval. Golden Villas P.U.D. No. 118 Page 2 2. The recommendations and requirements outlined in the memos from the Engineering Division to the Planning Manager dated June16, 2015, shall become a part of this approval. 3. Both spaces in any tandem parking arrangement shall be assigned to the same unit. 4. All signs on the property must meet the requirements of the City's sign code. C. Grading, Utilities, Access and Other Engineering Issues 1. The recommendations and requirements outlined in the memo from the Engineering Division to the Planning Manager dated June 16, 2015, shall become a part of this approval. D. Subdivision 1. Proof of filing of the plat shall take the form of a certified copy of the fully recorded plat, or a receipt from the County specifically noting that the applicant has paid for such a copy to be sent to the City when it becomes available. 2. The name of the final plat shall include "P.U.D. 118" in its title in accordance with City Code. 3. The applicant shall enter into a Development Agreement with the City in conformance with City Code and in a form acceptable to the City Attorney. It is hereby understood and agreed that this P.U.D. Permit is a part of the City Council approval granted on July 21, 2015. Any changes to the PUD Permit for Golden Villas P.U.D. No. 118 shall require an amendment. GOLDEN VILLAS, LLC Witness: By: Title: Date: Golden Villas P.U.D. No. 118 Page 3 CITY OF GOLDEN VALLEY Witness: By: Shepard M. Harris, Mayor Date: Witness: By: Thomas D. Burt, City Manager Date: Warning: This permit is subject to all other state, federal, and local ordinances, regulations, or laws with authority over this development. DEVELOPMENT AGREEMENT Golden Villas P.U.D. #118 AGREEMENT dated this day of , 2015, by and between the City of Golden Valley, a Minnesota municipal corporation (the "City"), and Golden Villas, LLC (the "Developer"). 1. Request for Development Approval.The Developer has asked the City to approve a Planned Unit Development (PUD 118) known as Golden Villas, which land is legally described on Attachment One, attached hereto and hereby made a part hereof (hereinafter referred to as the "Subject Property"). 2. Conditions of Development Approval.The City has approved the Planned Unit Development on the following conditions: a. The plans prepared by ESG Architects, submitted with the application on May 21, 2015, shall become a part of this approval. b. The recommendations and requirements outlined in the memo from the Fire Department, dated June 15, 2015, shall become a part of this approval. c. The recommendations and requirements outlined in the memo from the Engineering Division, dated June 16, 2015, shall become a part of this approval. d. Both spaces in any tandem parking arrangement shall be assigned to the same unit. e. No snow shall be stored on site. f. All signage must meet the requirements of the City's Sign Code (Section 4.20). g. The City Attorney will determine if a title review is necessary prior to approval of the Final Plat. h. The Final Plat shall include "P.U.D. No. 118" in its title. i. A park dedication fee of$33,600 (2% of the estimated land value) shall be paid prior to release of the Final Plat. j. This approval is subject to all other state, federal, and local ordinances, regulations, or laws with authority over this development. 3. Additional Obligations of Developer. a. The Developer shall pay all required fees and costs incurred by the City related to the review and processing of the PUD application, including legal and professional consulting costs. b. The Developer must show pedestrian connections from the proposed apartment building to the future public sidewalk along Golden Valley Road. c. The Developer must enter into a maintenance agreement with the City setting forth the responsibilities of the Developer or future owner for the following: i. Maintenance of the water and sanitary sewer facilities within the property. ii. Maintenance of the storm sewer and storm water quality treatment facilities. iii. Maintenance of any trees or landscaping that is approved by the City for placement in the public right-of-way. d. The new driveway aprons into the site must be constructed according to City standards for commercial driveway aprons. The driveway entrances must include curb tapers, in locations approved by the City, that allow for ADA pedestrian ramps to be constructed at a later date. e. A City Right-of-Way Management Permit is required for all obstructions and excavations within City streets and rights-of-way. As part of this permit, the City will evaluate and determine the extent of pavement restoration required by the Developer for excavations within Golden Valley Road. f. The Developer must enter into a Sanitary Sewer Inflow/Infiltration (I/I) Deposit Agreement with the City prior to issuance of permits for new construction. g. The Developer, or its agent, shall obtain a Certificate of Compliance for the new building prior to occupancy of the building. h. Developer must submit Final Construction Plans addressing all recommendations and requirements outlined in the memo from the Engineering Division, dated June 16, 2015 and any conditions set forth by the Bassett Creek Watershed Management Commission upon its review, prior to issuance of permits for new construction. i. The Developer shall obtain any other required permits from the City and other governmental authorities as required for the construction of the development. 4. Development Plans.The Subject Property shall be developed in accordance with the approved plans, original copies of which are on file with the City's Physical Development Department. 5. Installation by Developer.The Developer shall install or cause to be installed and pay for the following, hereinafter referred to as the "Site Improvements."The securities required for Site Improvements are discussed later in this Agreement. a. Setting of Lot and Block Monuments. b. Surveying and staking of work required to be performed by the Developer. c. Installation of gas, electric, communications, and cable lines prior to building occupancy. d. Installation of all sanitary sewer services and water services to the building as shown on the Final Plans or as amended in final construction plans approved by the City. e. Installation of all storm sewer and storm water quality treatment facilities as shown on the Final Plans, and as may be amended upon review of the Bassett Creek Watershed Management Commission or in final construction plans approved by the City. f. Installation of driveway aprons that meet City standards. g. The grading, erosion control and landscaping, all of which shall all be made in accordance with City approved plans. 6. License.The Developer, and its successors and assigns, hereby grant the City, its agents, employees, officers and contractors a license to enter the Subject Property during the site development, including construction, and all time thereafter, to perform all work and inspections applicable thereto and contemplated under this Agreement. 7. Property Fees and Charges.The Developer shall pay all applicable fees, charges, and assessments for PUD 118 and the Subject Property in effect at the time of issuance of building permits. The fees shall include the following fees: a. Park Dedication Fee The Developer is assessed a Park Dedication Fee of$33,600 per City Code. Payment in full is required prior to the City's signing and release of the Final Plat and the issuance of any building permits. 8. Securities for Site Improvements.The Developer shall submit a Cash Deposit or Stand- by Irrevocable Letter of Credit in a form acceptable and issued by a local banking institution acceptable to the City Attorney for the following: a. 125% of the estimated cost to furnish and install all materials identified in the Landscape Plan for PUD 118 (calculated at $60,000.00 x 125% = $75,000.00) on file in the Physical Development Department. The landscape security required herein may be reduced by 66%following installation of landscape materials per the approved plan and upon acceptance by the City. The remaining balance of the landscape costs will be retained by the City for a warranty period of two years following installation and acceptance by the City to ensure survival of the plant materials. The remaining balance of the landscape costs will be released following the City's acceptance of the two-year warranty inspection. Within thirty days after the notice by Developer of conclusion of the warranty period, City agrees to perform the warranty inspection. Within ten additional days City will provide Developer with either a list of corrections or final release documentation (provided by Developer) suitable for releasing the deposit. If corrections are required and upon notice by Developer that the corrections have been made, the ten day inspection and ten day notification or release will be followed. 9. Assessment for Public Improvements. The subject property is located within the Highway 55 West Redevelopment Area. The City of Golden Valley is considering public improvements within the Highway 55 West Redevelopment Area, which includes Golden Valley Road, Mendelssohn Avenue, Decatur Avenue, 7th Avenue, and Boone Avenue, that are necessitated by the development of this PUD and other developments within the area. These improvements include installation of pedestrian facilities, including, but not limited to, accessibility improvements and modifications, installation of street lighting, overhead power line burial, sanitary sewer lining, street realignment, and mill and overlay of the existing street pavements. It is anticipated that these improvements will be completed by the City by November 1, 2018, and that the not to exceed special assessment to the Subject Property is estimated to be $145,000.00 ("Estimated Assessment Amount"). The Developer, its successors and assigns, waive any right to appeal under Minnesota Statutes, Section 429.081 any special assessments to the Subject Property for the improvements described herein provided the amount of the special assessment does not exceed the Estimated Assessment Amount by more than ten percent (10%). 10. Assessments.The Developer understands that the Developer or the Builders will be required to pay for the Subject Property fees, charges and assessments in effect at the time of issuance of building permits. The rates for each of these items will be set according to the current rate structure at the time the building permit is received. 11. Developer's Default. Upon an Event of Default (defined below), the City shall be entitled to all the remedies permitted by law or equity. Without limiting the foregoing, with respect to an Event of Default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer is first given notice of the work in default, not less than 48 hours in advance. The Developer grants the City full authority and a license to act as set forth in the previous sentence following an Event of Default, and it shall not be necessary for the City to seek a court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, levy the cost in whole or in part as a special assessment against the Subject Property. The Developer waives its right to notice of hearing and hearing on such assessments and waives the right to appeal such assessments pursuant to Minnesota Statutes, Section 429.081. The following shall be an "Event of Default" under this Agreement: (i) the failure by the Developer to pay when due and invoiced the amounts required to be paid by Developer under any provision of this Agreement; or (ii) failure by the Developer to observe and perform any covenant, condition or obligation on its part to be observed or performed under this Agreement. 12. Responsibility for Costs a. Except as otherwise specified herein, the Developer shall pay all documented costs incurred by it or the City in conjunction with the approval of the PUD and ensuring compliance with the Final Plans, including but not limited to reasonable legal, planning, engineering and inspection fees and expenses incurred in connection with approval and acceptance of the PUD, the preparation of this Agreement and other legal documents, and all reasonable costs, expenses, legal, engineering and planning fees incurred by the City in reviewing the application and related documents, and in monitoring and inspecting the progress of the Project. b. The Developer shall indemnify and hold the City and its officers, employees and agents harmless from claims made by Developer for damages sustained or costs directly incurred resulting from development of the Project, construction and operation, except for such damages or costs resulting from the gross negligence, intentional misconduct or intentional violation of this Agreement or applicable laws and ordinance by the City, or its officers or employees. c. The Developer shall reimburse the City for reasonable costs incurred in the enforcement of Developer's obligations under this Agreement, including engineering, building official, planning and attorney's fees, and for the City's performance of Developer's obligations under this Agreement in the event that the Developer fails to commence or complete such obligations on a timely basis. d. The Developer shall pay in full all documented bills submitted to it by the City for obligations properly incurred under this Agreement within sixty (60) days after receipt; if the bills are not paid on time, the City may halt all development work and construction on the Property until the bills are paid in full, and may draw on any of the security deposited hereunder to discharge such obligations. Bills not paid within sixty (60) days shall accrue interest at the rate of eight percent (8%) per year. 13. In addition to any other remedies permitted by law, in the event the Developer fails to pay any amount payable to the City hereunder when due, the City may charge such amount, in whole or in part, as a special assessment against the Subject Property. 14. Miscellaneous a. The Developer represents to the City that, to the best of Developer's knowledge, the development of the Subject Property as contemplated herein complies with all City, county, metropolitan, state and federal laws and regulations including, but not limited to: subdivision ordinances, zoning ordinances and environmental regulations. b. Third parties shall have no recourse against the City under this Agreement. c. In addition to any other remedies available to the City, Breach of any term of this Agreement by the Developer shall be grounds for denial of building permits, including lots sold to third parties. d. If any portion, section, subsection, sentence, clause, paragraph or phase of this Agreement is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Agreement. e. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Agreement. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Agreement shall not be a waiver or release. f. This Agreement, any amendments hereto, and conditions of the Ordinance are binding on all successors and assigns of the Developer, shall run with the land and shall be recorded against the title to the property. This Agreement must be recorded in the appropriate Hennepin County land records at the expense of the Developer and a copy of the recorded executed Agreement provided by the Developer to the City. g. Developer, its successors and assigns, agree to provide the execution of amendments to this Agreement, as are necessary to effect the recording hereof. After the Developer has completed the work required of it under this Agreement, at the Developer's request, the City will execute and deliver a release to the Developer as for the obligations related to such work. h. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to the City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. i. Developer may not assign this Agreement without the written permission of the City. j. The Developer represents to the City that, with respect to itself(and with respect to thirds parties, to its actual knowledge,) no material misrepresentations have been or will be made, nor has any materially inaccurate information was or will be provided to the City by the Developer during the City's review process. k. Notwithstanding any provision of this Agreement to the contrary, to the full extent permitted by State laws, any further development or construction of new improvements and any additions or alterations to existing improvements not expressly approved under this Agreement will require additional approvals from the City, as required by City ordinances, and in full compliance with any amendments to the City's Comprehensive Plan or Zoning Ordinance requirements enacted after the date of this Agreement. 15. Notices. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by registered mail at the following addresses: Golden Villas, LLC c/o Continental Property Group 1907 Wayzata Blvd, Suite 250 Wayzata, MN 55391 Notices to the City shall be in writing and shall be either hand delivered to the City Manager, or mailed to the City by registered mail in care of the City Manager at the following address: City Manager City of Golden Valley 7800 Golden Valley Road Golden Valley, MN 55427 IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year first above written. CITY OF GOLDEN VALLEY By: Shepard M. Harris, Mayor By: Thomas D. Burt, City Manager DEVELOPER By: Its STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2015, by Shepard M. Harris, Mayor, and Thomas D. Burt, City Manager, of the City of Golden Valley, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2015, by Golden Villas, LLC, on behalf of the said Developer. Notary Public ATTACHMENT 1 Lot 1, Block 1, Golden Villas P.U.D. No. 118, Hennepin County, Minnesota Resolution 15-69 August 18, 2015 Member introduced the following resolution and moved its adoption: RESOLUTION FOR APPROVAL OF PLAT - GOLDEN VILLAS P.U.D. NO. 118 WHEREAS, the City Council for the City of Golden Valley, pursuant to due notice, has heretofore conducted a public hearing on the proposed plat to be known as Golden Villas P.U.D. No. 118 covering the following described tracts of land: That part of the Northwest Quarter of the Southwest Quarter of Section 31, Township 118, Range 21, Hennepin County, Minnesota, described as follows: Commencing at a point on the South line of said Quarter-Quarter which is 749.8 feet East along said line from Southwest corner of said Subdivision; thence East along said South line to a point in said line 316.14 feet West along said line from the Southeast corner of said Subdivision; thence North parallel with the East line of said Subdivision to the center line of the Minneapolis and Watertown Road; thence West along said center line to its point of intersection with a line drawn Northward from the point of beginning parallel to the West line of said Subdivision; thence South along said latter line to said point of beginning, except that portion of the foregoing premises lying South of the center line of State Highway No. 55. That part of the following described property lying Northerly of the North line of State Highway 55 in Hennepin County, Minnesota, to-wit: Commencing at the Southeast corner of the Northwest Quarter of the Southwest Quarter of Section 31, Township 118, Range 21; thence North on said line to the North line of State Highway No. 55 to a point of beginning; thence North on said line 219.3 feet to the center line of the Minneapolis and Watertown Road; thence West along the center line of said road 316.34 feet; thence South along a line parallel with the East line of Section 31 to the North line of State Highway No. 55; thence Easterly along the North line of State Highway No. 55 to point of beginning, according the U.S. Government Survey thereof, excepting therefrom that part thereof lying East of a line drawn parallel with and distant 25 feet East measured at right angles from the West line thereof, and further excepting that part thereof which is registered property as shown on Certificate of Title No. 1032205. That part of the West 211.14 feet of the East 291.14 feet of the Northwest Quarter of the Southwest Quarter of Section 31, Township 118, Range 21, lying North of the North line of State Highway No. 55, and South of the center line of 6th Avenue No., formerly County Road No. 6 and the Watertown Road, Hennepin County, Minnesota. WHEREAS, all persons present were given the opportunity to be heard; Resolution No. 15-69 - continued NOW, THEREFORE, BE IT RESOLVED, by the City Council for the City of Golden Valley, that said proposed plat be, and the same hereby is, accepted and approved, and the proper officers of the City are hereby authorized and instructed to sign the original of said plat and to do all other things necessary and proper in the premises. Shepard M. Harris, Mayor ATTEST: Kristine A. Luedke, 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. C)Z Lu ZZ = Na N �� LL Z Z Q0 V-- 0 uj c N� W F-: aCf) z U 060 cn C7 Z �g W cn mw ZW o W Ix z LN)Q Z W • C � � O > a s Cc, ` C Iz H � Z w gYao U 21CLr 8 S •p C� > ZL o > z Z W SSB °u _ p as U, LU s 3o � Z. o f G CI g. 3.1 C C F RI _ W $Q V 2 '0-1 V qQ_ om OO O a y Sw CST O rc c R ZZ m tlj Z O O Cl S /�/� N O r < L C a a J as = 6'1 < W p s p U W � s `vp a = e = cc z O z R 4. w z O > ag �9 Jar r Z G E c N I i y Z no P. t 5 M ,L V♦ gal C c ga $a�• i'r' E = w'^s c • Z E n S jE�'u�' �� a4 9a �?9 �: �c •c z 104 Do =�£g ! 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I � I+. ,011 •\, $ J i'I•\;, CL ► I � Q I 96'111 M.61.O1.00N .4TV•��60'O� , No V 1 Doo cc W W n I I f• ,: � 10��7 51'1Y N 1 •1 � �� � I J lI I ' = I 11A 0;; I�, j ' N W 1 O zw Z 1 Z Z ZW Z > 4L I �W _ \ '=Q 0;; I Q5 €N 3 N �' 1W O N N wN j Zw a N m r Q W Z 0 I =< I I m 5Qs Q,-< r v I o ant 3.61./L.005 �......... ..__...... ly µj LU j r m I � 1 W J� `', W W�tl H I Q m w^ 2�upn M C aS I J m I 3 w I> ......85.00......I J OLLz 'uI 1=-N tr I FL 0 d I I�g VIE W W I I C I Wim£ �i 8 C) :3 0 rn ...... z O a I z e o I� oa I I 4 l I n ,I ........... Be G"M.r9I/ZAO N ...................... ..............._.- I I H N 33 33 sp'n` UOm( 2W IW NZ 2N jN I h� U g I 3 ai 3.KAZ.00 S LL; sr ZZEt ... 1 � M./Sl/Z.00N _Ll � �I L______-________-__-__-___________-_ __-_ ciry "" p�, a��� IIIIIIIIII ` ouu 110,01�°�� 1,III 100 Ialll SII ^` „II 1 uuiom nno City Administration/Council 763-593-8003/763-593-8109(fax) Executive Summary For Action Golden Valley City Council Meeting August 18, 2015 Agenda Item 3. M. Authorization to Sign Amendment to Legal Services Agreement with Best & Flanagan Prepared By Thomas D. Burt, City Manager Summary Attached is an amendment to extend the term of the legal services agreement for City Attorney services with Best & Flanagan. The amendment would extend the term of this agreement is for a period of one additional year through December 31, 2016. Attachment • Legal Services Agreement between the City of Golden Valley and Best & Flanagan, LLP (2 pages) Recommended Action Motion to authorize the City Manager to sign the Amendment to Legal Services Agreement with Best & Flanagan, LLP for City Attorney services. Allen D. Barnard BEST&FLANAGAN LLP Attorney DIRECT 612.341.9715 60 South Sixth Street,Suite 2700 Minneapolis,Minnesota 55402 abarnard@bestlaw.com TEL 612.339.7121 FAX 612.339.5897 BESTLAW.COM BEST & FLANAGAN August 13, 2015 FOUNDED 1926 JOHN A.BURTON VIA EMAIL AND U.S. MAIL JAMES C.DIRACLES THOMAS B.HEFFELFINGER DUANE L.PAULSON Tom Burt, City Manager ROBERT L.MELLER,JR. CHARLES C.BERQUIST City of Golden Valley E.JOSEPH LAFAVE 7800 Golden ValleyRd GREGORY D.SOULE CATHY E.GORLIN Golden Valley, MN 55427 PATRICK B.HENNESSY TIMOTHY A.SULLIVAN DANIEL R.W.NELSON Re: Amendment to Legal Services Agreement between DAVID J.ZUBKE KRUGER the Cityof Golden Valleyand Best Sc Flanagan LLP STEVEN R.MINSKI g PAUL E.KAMINSKI ROSS C.FORMELL MARY E.SHEAREN Dear Tom: BARBARA M.ROSS SARAH E.CRIPPEN ROBERT D.MAHER As we discussed on the telephone this morning, I am sending you CHRISTOPHER D.JOHNSON this letter which constitutes an amendment of the Legal Services Agreement DANIEL A.KAPLAN LENOR A.SCHEFFLER between the City and Best Sc Flanagan LLP. BRADLEY F.WILLIAMS CYNTHIA L.HEGARTY REBECCA A.CHAFFEE The Legal Services Agreement between the City and Best & DAVID G.SCHELZEL Flanagan, entered into on September 8, 2010, is hereby amended in the EDWARD P.SHEU DANIEL L.GRIMSRUD following particulars: AMY S.CONNERS JOHN D.SEINER 1. The term of the Agreement is extended for an additional year JUSTINA P.SHORT g WILLIAM R.ASP from January 1, 2016 through December 31, 2016 JOHN T.SULLIVAN JOSEPH J.W.PHELPS ("Additional Year"). DAVID C.JOYSLIN SHAUNA L.COONS 2. Section III. KERRY C.RAYMOND "Compensation and Expense Reimbursement" is ELIZABETH A.DAHLSTROM amended by changing for the additional year the hourly rate ASHLEIGH M.LEITCH MARIA T.CISNEROS for partners to $180 per hour, for associates to $140 per hour and for paralegals to $115 per hour. The "pass OF COUNSEL through" work is at the rate of $350 per hour. JOHN R.CARROLL ROBERT L.CROSBY RICHARD A.PETERSON All other terms of the Agreement remain the same and are LEONARD M.ADDINGTON ratified by the City and Best & Flanagan LLP. N.WALTER GRAFF SCOTT D.ELLER FRANK VOGL MARINUS W.VAN PUTTEN,JR. ALLEN D.BARNARD DAVID L.YOUNG Tom Burt, City Manager August 13, 2015 Page 2 BEST & FLANAGAN 1 Best 8c Flanagan LLP City of Golden Valley (zi/ Allen D. Barnard Thomas D. Burt, City Manager On behalf of the Firm Very truly y urs, (:Z. Allen D. Barnard ADB/nck 000090/480568/2191942_1 cityof gotacni MEMORANDUM llPhysical Development ��- �� Ph Department Y P 763-593-8095/763-593-8109(fax) Executive Summary For Action Golden Valley City Council Meeting August 18, 2015 60 day deadline: August 24, 2015 Agenda Item 4. A. Public Hearing- Final PUD Plan for Cornerstone Creek PUD No. 124- 9300 and 9310 Golden Valley Road - CHDC Cornerstone Creek LLC, Applicant Prepared By Jason Zimmerman, Planning Manager Summary CHDC Cornerstone Creek LLC is seeking approval of a Planned Unit Development (PUD)to create a residential development consisting of 45 units of housing for adults with developmental disabilities, administrative offices for Jewish Housing and Programming, and a multi-purpose community space. The project site currently consists of two parcels which were re-designated from Commercial - Office to Residential - High Density on the General Land Use Plan Map in April of 2012 and rezoned from Business and Professional Offices to High Density Residential (R-4) in 2013. The property at 9300 Golden Valley Road is 1.3 acres and currently contains a small office building. The property at 9310 Golden Valley Road is 0.9 acres and currently contains a single family home. Both of these structures would be demolished as part of the proposed development. The proposed PUD would allow for the consolidation of the properties and the construction of a new multi-family building. The U-shaped building would contain one level of underground parking and the residential portion would rise three levels above ground. The one-story community space would consist of both a sanctuary and a community room and would be accessible to the public through a secondary entrance. Surface parking would be provided between Golden Valley Road and the building. 44 underground spaces and 29 surfaces spaces are proposed. The project is located within the area designated as the Highway 55 West Development Area by the City's Housing and Redevelopment Authority (HRA). The applicant has requested Tax Increment Financing (TIF) assistance; this request will be considered by the HRA in September. Based on the Zoning Code, 0.5 parking spaces are required for every residential unit (23 spaces) and 1 space per 300 square feet of gross floor area of community space (16 spaces) for a total of 39 spaces. 73 spaces are being proposed. A bicycle rack with space for four bicycles would be provided near the front door. Amenities within the residential portion of the building include a commercial kitchen and dining area, common space, and a fitness center. Outside the building, a newly landscaped rear courtyard would provide both passive and active spaces. A wooded area at the far rear of the property would be preserved to help serve as a buffer from light industrial uses to the north. A sidewalk is proposed to be added to the south side of the site along Golden Valley Road as part of the City's planned public improvements. At the July 27, 2015, Planning Commission meeting, the Commission voted 6-0 to recommend approval of the Final PUD Plan. Comparison to Preliminary PUD Plan The Final PUD Plans have reduced the building footprint slightly and shifted the entire structure to the east in order to provide a greater separation between the west lot line and the drive that connects to the underground parking level. Three surface parking spaces were eliminated. The project may be completed in two phases, with the multi-purpose community space being constructed as part of phase two. Due to limitations related to the project's financing, the PUD will be split into two lots with a dividing line separating the multi-purpose community space from the apartment and office space. All building code requirements will need to be followed and additional cross-access agreements must be recorded. Findings and Conditions City Code establishes standards for PUDs, which are laid out in the Staff report to the Planning Commission. In addition, City Code establishes findings that must be made by the City when creating a PUD. The Council makes the following findings pursuant to City Code Section 11.55, Subd. 6(Q): 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. By utilizing the PUD process, the applicant has been able to accommodate three distinct but complementary uses on the site. Staff believes this standard has been met. 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. The proposed project protects 65 feet of undeveloped wooded area at the rear of the lot. Staff believes this standard has been met. 3. Efficient- Effective. The PUD plan includes efficient and effective use (which includes preservation) of the land. As a redevelopment of underutilized properties, the proposal would make better use of existing infrastructure and help the area transition into a more mixed use and pedestrian friendly environment. Staff believes this standard has been met. 4. Compatibility. The PUD Plan results in development compatible with adjacent uses and is consistent with the Comprehensive Plan and redevelopment plans and goals. The redevelopment of these two underutilized properties for affordable, life-cycle, multifamily housing is consistent with the goals of the Comprehensive Plan. Staff believes this standard has been met. 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. By providing a new and innovative housing model, this proposal helps address a community, regional, and statewide need. Staff believes this standard has been met. 6. Meets Requirements. The PUD plan meets the PUD Intent and Purpose provision and all other PUD ordinance provisions. The flexibility provided by the PUD allows for a mix of uses within the site and creates the opportunity for the establishment of a new multi-purpose community space. Staff believes this standard has been met. Staff recommends approval of the Final PUD Plan subject to the following conditions: 1. The plans prepared by UrbanWorks Architecture, submitted July 15, 2015, shall become a part of this approval. 2. The recommendations and requirements outlined in the memo from the Engineering Division, dated July 17, 2015, shall become a part of this approval. 3. The recommendations and requirements outlined in the memo from the Fire Department, dated July 20, 2015, shall become a part of this approval. 4. The property owner shall provide to the City all easements and agreements necessary to ensure cross-access and shared parking between the two lots. 5. All signage must meet the requirements of the City's Sign Code (Section 4.20). 6. The City Attorney will determine if a title review is necessary prior to approval of the Final Plat. 7. The Final Plat shall include "P.U.D. No. 124" in its title. 8. A park dedication fee of$9,740, or 2% of the land value, shall be paid before release of the Final Plat. 9. The applicant must validate that there is adequate space for snow storage on site, or have a plan in place for snow removal. 10. 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) • Applicant's Narrative (4 pages) • Unapproved Planning Commission Minutes dated July 27, 2015 (5 pages) • Memo to the Planning Commission dated July 27, 2015 (5 pages) • Memo from the Engineering Division dated July 17, 2015 (4 pages) • Memo from the Fire Department dated July 20, 2015 (2 pages) • Plans prepared by UrbanWorks Architecture, submitted July 15, 2015 (38 pages) • Ordinance#575, Approval of Final Plan of Development Cornerstone Creek (3 pages) Recommended Action Motion to adopt Ordinance #575, Approval of Final PUD Plan, Cornerstone Creek PUD No. 124, CHDC Cornerstone Creek LLC, Applicant. • 850 9105 _._.i soo I ti 9TH AVE N • _, ( 710 835 0 c 0 LL Z 708 60 690 682 680 676 J640 • • 6T2 Y Q 620 670 c 668• {o • !v Subject Properties. 66,1662 I j z 660• 201 112 104 LYMOUTH1= 10701201241291561681 190 1 .0 e ;� ••s •••0000•••• G22628 6345366406448486562658 202•203111 107103A03 111 116121 158 106 •• •• •• •0•• •00 .0 • 110 109 105 10 Z I 6 630 632638 642 646 650 209 2 20581 04 - 0 208 0205A m 2-12!2 71.").10 15 B -- .n. '2 12 t 2 9240 79 9140 141 0' 8 3, 89 9600 123 55 1 Al 932 9310 � 1214 s 4 7 2AS5 9. •50 9000 12 9200 010:12 �--_, 7 9.210 9110 9<9110 1 � x...9400 Golden Valley Rd c� 932 5 50 9100 9.10 • 8 0 1 `•-" 9300 � 9130 • 1 � • • • 1� 9220 Oto t"V NO S ' W1e Nr+Y No.55 ovia1 NWry �— 2' _.: o1son 8951 tAem 8945 ."�olv 9031 433 Z 4j 9131 j .1 > 424 r 9141 ,01 421 r fn ! .91 473 3 023 06 N i 3031�• 301 347 w 410 8928 g 10272 9131A 106 101 J Cornerstone Creek Final PUD Application Narrative y} PUD No. 124 Project Overview Community Housing Development Corporation (CHDC) and Jewish Housing and Programming (J- HAP) are proposing a new, mixed-use supportive housing project at 9300 Golden Valley Road in Golden Valley called Cornerstone Creek. It will consist of three components: permanent housing for residents with developmental disabilities, administrative offices for J-HAP, and multi-purpose space called the Center for Community Life. The housing component will consist of 45 apartment units for adults ages 22-54, a commercial kitchen and dining area, communal living space, a fitness center, and property management offices. The non-housing space will be a separate ownership entity and consist of J-HAP's administrative offices, a sanctuary, and community multi-purpose rooms. The proposed building will be three levels clad in a combination of cultured stone, glass, and fiber cement siding. There will be approximately 44 underground parking stalls and 29 surface parking stalls for residents, staff, and visitors. The front desk will be staffed 24 hours, 7 days a week. Anticipated administrative staff includes 4.25 FTE positions, kitchen personnel, and each resident will have their own contracted service provider which will be on-site based on the needs of the individual. Background Research of Jewish and secular resources reveals that: • About 8% of any adult population is identified with a cognitive disability • About 30%of those live below the poverty level • About 72% live with a parent or relative versus 20% of non-disabled peers • About 50,000 residents of the Twin Cities identify as Jewish • About 2,200 Jewish adults ages 18-54 with a cognitive-based disability reside in the Twin Cities This data is supported by the fact that J-HAP already has a 100-person waiting list for housing at the new facility. For the 28% of adults with cognitive disabilities who do not live with a parent or relative, appropriate residential options are limited. Group homes are one option—these models offer the care of institutions without the restrictions often associated with institutional living. However, they limit individualism because of the need for a supervisor to keep all residents together in schedules that ensure proper care delivery and resident safety. Another is the "scattered housing" model -- for the small percentage of this population that are able to live independently, the ability to spend time as they choose is hampered by a lack of social interaction. Without the aid of significant amounts of programs for these individuals to attend, many have only small doses of interaction with others leaving a deficiency in their social needs. Even in cases when adequate social programming is in place, elaborate transportation schedules are often involved because programming is invariably off-site. Traditional supportive housing for non-disabled individuals and families have long followed a similar model to what Cornerstone Creek is proposing. However, there are no examples of this model for individuals with cognitive disabilities in the state of Minnesota. In fact, there are only approximately a dozen known examples of similar operations in the United States. The group home model still dominates the cognitive impaired housing spectrum. Though this model may work well for some, the creative hybrid model proposed by CHDC and J-HAP will set it apart from other options.The one-stop shop of housing, enriched services, and community is currently only achieved through the combination of several locations, organizations, and staff. Furthermore, the demonstrated need for housing with services for adults with cognitive disabilities in the Twin Cities cannot be addressed with a continuation of the predominant group home or scattered home model. At this time there is a moratorium on new group home housing in Hennepin County. Cornerstone Creek will provide a much-needed new option—a housing model that combines independent, affordable, service-enriched housing for adults to live in a safe, permanent, and welcoming community. PUD Purpose and Intent The proposed development complies with the intent and purpose of the Golden Valley PUD ordinance as follows: a. Encourage, preserve and improve the health, safety and general welfare of the people of the City by encouraging the use of contemporary land planning principles. The proposed project will bring a much-needed, independent affordable housing option for residents with developmental disabilities to the city of Golden Valley. By combining two existing parcels, Cornerstone Creek will be a more efficient use of the property and have greater density. Furthermore, the redevelopment of the site allows for the application of contemporary storm water management principles. The building will follow criteria for Minnesota Green Communities, consistent with improved health and general welfare of the people of the City. b. Achieve a high quality of site planning, design, landscaping, and building materials which are compatible with the existing and planned land uses. Active uses within the building—communal living and dining -- have been oriented to face the street. There will be two distinct entries, one for residents and one for visitors to the Center for Community Life. The building will be clad with high-quality materials including cultured stone, glass, and fiber cement siding. Visitor and staff parking will be provided using both underground stalls and a surface lot, while a drop-off loop allows for convenient transport access. The site will have significant landscaping: street trees, shrubs, and a rain garden will screen and beautify the front; coniferous trees at the interior property edges will provide a green buffer for the neighbors; and a courtyard with both active (community plaza, sport court, activity lawn) and contemplative (gardening, seating areas) spaces will serve the residents. Enclosed garage and recycling rooms are provided for both residents and kitchen functions, with regularly scheduled pickups. The proposed project complies with all building setbacks as defined by the Golden Valley R-4 High Density Residential zoning district. c. Encourage preservation and protection of desirable site characteristics and open space and protection of sensitive environmental features including steep slopes, trees, scenic views, water ways, wetlands and lakes The site is designed to protect as much of the wooded area to the north as possible with a tree preservation plan. It will also incorporate enhanced storm water retention and treatment capabilities: underground chambers for temporary storage, pretreatment catch basins located throughout the site, and rain gardens that are attractive and environmentally pleasing. The system was designed to meet the new proposed Bassett Creek Watershed Management Organization rules. d. Encourage construction of affordable housing and a variety of housing types. The project will consist of 40 one-bedroom units and 5 two-bedroom units of independent, affordable, service-enriched housing for adults, ages 22-54, to live in a safe, permanent, and welcoming community. Fourteen (14) units will be for households earning 30% or less of the area median income (AMI), and four (4) units will be set aside for people experiencing long-term homelessness (LTH) at 30%AMI. Individuals living in the two- bedroom units may have a caretaker living with them, or they may accommodate a shared living arrangement for individuals who would like to be roommates. Preference will be given to people with a developmental disability. Local, state and federal funding sources have been secured for the creation of Cornerstone Creek. Per the funding sources, long-term rent and income restrictive covenants will be recorded against the property to ensure long-term affordability. e. Encourage creativity and flexibility in land development. The City Staff recommended pursuing the project as a PUD in order to provide the flexibility necessary to accommodate the community uses under the current zoning designation. The PUD will allow Cornerstone Creek to provide residents with an active lifestyle and a seamless connection to community life. f. Encourage efficient and effective use of land, open space, streets, utilities and other public facilities. The PUD will allow for multiple uses and services to be housed in a single building. The project will make use of existing major roadways and utility connections, and it will accommodate future sidewalks to promote pedestrian connections with future surrounding developments. g. Allow mixing land uses and assembly and development of land to form larger parcels. The proposed plat combines two existing parcels into one larger parcel to allow a mix of higher density housing, community, and supportive services. This combination maximizes the use of the property while ensuring that it functions well into the future. h. Encourage development in transitional areas which achieve compatibility with all adjacent and nearby land uses. The property is zoned High Density Residential (R4),with adjacent properties zoned as Medium Density Residential (R3) to the east, Business and Professional Offices to the west, and Commercial and High Density Residential (R4) to the south. This area in particular has been targeted by City planning staff as a higher-density residential zone to transition the Commercial uses along Olson Memorial Highway to the east and Industrial uses to the north. i. Achieve development consistent with the Comprehensive Plan. With the population of Golden Valley expected to grow, the City's Comprehensive Plan has targeted mixed-use, affordable multifamily housing as a specific need. Cornerstone Creek addresses the following goals of the Comprehensive Plan: • A complete community that contains a variety of life cycle housing options • Minimized conflict and a buffer between uses and neighborhoods • Increased number of jobs • A high-quality new development that is visually attractive and respectful of its surroundings • A development that is environmentally sustainable • Parcels that have been redeveloped • Improved health through planning for Active Living • Additional affordable housing j. Achieve development consistent with the City' s redevelopment plans and goals. Cornerstone Creek provides a much-needed option for individuals with developmental disabilities—a new housing model in Minnesota that will create independent, affordable, service-enriched housing for adults with developmental disabilities in a safe, permanent, and welcoming community. k. Encourage development that is sustainable and has a high degree of energy efficiency. The project will follow criteria set forth by Minnesota Green Communities and include: erosion and sedimentation control, native landscape plantings, efficient irrigation and water re-use, contemporary storm water management practices,water-conserving fixtures, energy-efficient mechanical units, Energy Star fixtures, Energy Star lighting, Energy Star appliances, environmentally friendly materials and finishes with low-to no-VOCs, a construction waste management plan, and recycling areas in the building. Regular Meeting of the Golden Valley Planning Commission July 27, 2015 A regular meeting of the Planning Co mission was held at the Golden Valley City Hall, Council Chambers, 7800 Golden Vail y Road, Golden Valley, Minnesota, on Monday, ly 27, 2015. Vice Chair Segelbau called the meeting to order at 7 pm. Those ent were Planning Commissioners Baker, Blum, J,gon, Kluchka, Segelbaum, Waldhauser. Also resent was Associate'0lanner/Grant Writer Emily Goellner, and Adrt in,istrative Assisti'nt Lisa Wittman -commissioner Cera was absent. 1. Approval of Minutes.,,_ June 22, 2015, Regular Plan1,ng Commission Meeting Waldhauser referred to the,.:sixth p . ragraph''on page 3 and stated that the first sentence should read "...turning left'on to Medicine Lake`Rgad" instead of"...turning left from Medicine Lake Road'Y f x r" Baker referredlo the seventh par raph on page 9 and statet the word "site" should be chang to "sight." MO. D by Kluchka, seconded by aldhauser and motion carried unanimously to prove the June 22, 2015, minut with the above noted changes. 2. Informal Public Hearing — Final Plan Review— Planned Unit Development (PUD #124) — Cornerstone Creek— 9300 and 9310 Golden Valley Road Applicant: CHDC Cornerstone Creek LLC Addresses: 9300 and 9310 Golden Valley Road Purpose: To allow for the consolidation and redevelopment of two parcels for a 45 unit facility for adults with developmental disabilities, administrative offices for Jewish Housing and Programming, and a public multi-purpose space. Goellner referred to a site plan and explained the applicant's request to create a residential development at 9300 and 9310 Golden Valley Road consisting of a 45 unit apartment building for adults with developmental disability, offices for Jewish Housing and Programming (JHAP), and a multi-purpose community space. She explained that due to restrictions related to financing, the multi-purpose community space will be located on a separate parcel within the PUD and that cross access and shared parking agreements will be created to ensure both parcels have access to parking and to Golden Valley Road. Goellner explained that the apartment building will consist of 40 one-bedroom units and 5 two-bedroom units, 14 of which will be reserved for households at 30% of AMI, and 4 of which will be reserved for individuals facing long-term homelessness. She added that Minutes of the Golden Valley Planning Commission July 27, 2015 Page 2 there will also be a commercial kitchen and dining area, common space, a fitness center, and outdoor space. She discussed the parking requirements and stated that 68 parking spaces are required and that the applicant is proposing to have 73 parking spaces (44 underground parking spaces and 29 surface parking spaces) along with 4 spaces for bicycle parking near the front door. Goellner referred to the site plan and explained the changes between the Preliminary PUD Plan and the Final PUD Plan including: shifting of the building to the east, a reduced building footprint, the removal of three parking spaces, creating two lots instead of one, and doing the construction in two phases. She pointed out the location of the future sidewalk along Golden Valley Road that will be built by the City and noted that the mature trees to the rear of the property will remain and significant landscaping will be installed as part of the project. Kluchka asked if there were any City Council comments given during the Preliminary Plan review. Goellner said there were no significant changes requested, but that the applicant has incorporated the City Council's comments into their final plans. Waldhauser asked if the applicant's sewer and storm water systems would be considered private service facilities or common areas, and how that would work between two different owners. Goellner said the City will require shared access and maintenance agreements. Johnson asked what happens with the property if the applicant only builds phase one of their proposal. Goellner stated that the property would have already built adequate parking at that point which would be the main concern if they didn't end up building the community room space in phase two. Baker noted that the applicant is combining two parcels into one, but would then be splitting it again because of the situation with having two separate owners. He asked if it is common in PUDs to have more than one property owner. Goellner said that is more common than not in a PUD. Scott Beckman, UrbanWorks Architecture, explained the changes since the Preliminary Plan review. He stated that they've reduced the building's footprint and moved the building to the east in order to allow more space between their driveway and the neighbor's driveway to the west. They've realigned their entry drives to align them with the properties across the street, and they've made a pedestrian connection from the proposed building to the City's future sidewalk on Golden Valley Road. Segelbaum asked if part of reducing the size of the building included changing the overall configuration of the building. David Miller, UrbanWorks Architecture, said they just reduced the size of the link in the residential entry. Waldhauser asked for an overview of the changes made to comply with the Fire Chiefs comments. Beckman said they are adding a couple of primary shut-off connections and access at the front of the building, providing water access, adding sprinklers to smaller spaces, adding stand pipes in the stairways, and adding smoke monitoring. Minutes of the Golden Valley Planning Commission July 27, 2015 Page 3 Kluchka asked if the greater community would be able to use the community room space. Anne Hope, Executive Director, Jewish Housing and Programming, stated that on a daily basis it will have a locked entrance, but they hope to make the space available for the community to rent. She said the space will be used as a sanctuary and a multi-purpose space as well. Kluchka asked about snow removal plans. Beckman stated that there are a couple of parking spaces that could be used for snow storage and that the owner will contract to have snow removed. Hope added she will speak to their property management company about snow removal. Kluchka referred to the number of parking spaces and asked if the residents will have cars. Hope stated that the majority of the residents will not be drivers and that people using the community center could park in the underground parking level as well. Segelbaum asked about the ownership of the different parcels. Heidi Rathmann, Community Housing Development Corporation (CHDC), explained that due to the nature of the financing there will be two separate owners. The housing side will be owned by a limited partnership and the non-housing side will be owned by a newly created LLC. In both cases the managing members will be CHDC. Segelbaum asked if the owners are for profit, or non-profit. Rathmann stated CHDC in a non-profit organization that will partner with a tax credit investor. Waldhauser asked if the office space will be part of phase one and owned by the same entity. Rathmann said yes. Baker asked why a separate entity would want to own just the sanctuary. Rathmann said the majority of the housing is publically funded so it is important that they fund only the housing portion. Blum asked what the terms 30% of AMI and long-term homelessness mean. Rathmann stated that AMI is the average median income and that units would be reserved for individuals making 30% of the average median income. Hope stated that four of the units would be reserved for adults with developmental disabilities that face long-term homelessness. Waldhauser asked if services would be provided by other agencies. Hope explained that tenants will own their leases and they will come in with their own service providers. Segelbaum asked about the need for this type of housing and if CHDC is confident they can fill these units. Hope stated that they have an interest list. She added that it is an innovative building that is different than a group home and they are confident there is a need for this type of housing. Waldhauser asked if most of the new positions would be living wage jobs. Hope stated that the service providers pay their employees directly. She added that they are not high paying jobs, but they pay more than minimum wage jobs. Minutes of the Golden Valley Planning Commission July 27, 2015 Page 4 Blum asked how many personnel there would be on site. Hope stated that there isn't a ratio required of providers to tenants, it is based on what the tenants need. She added that there will be 2 or 3 JHAP staff, some property management and maintenance staff, and probably 8 to 9 care providers on-site at various times. Blum asked for an explanation of the footcandle map submitted as part of the application. Miller explained that the footcandle map shows the distribution and level of lighting and illustrates how the lighting is meeting the Zoning Code requirements. Beckman added that it also shows that light from this property won't bleed onto adjacent properties. Waldhauser asked if any consideration was given to adding a green roof or solar panels to the building. Miller said those are easy to add post-occupancy, but they are not in the initial construction budget. Segelbaum opened the public hearing. Seeing and hearing no one wishing to comment, Segelbaum closed the public hearing. Kluchka asked if a condition should be added around snow removal in order to be consistent with the condition placed on the property across the street. He added that he doesn't want to see giant piles of snow in this highly visible area. Waldhauser noted that the property across the street had no room for snow storage. Blum stated that this property seems to have more open space to store snow and suggested that the applicant provide a plan showing they have sufficient space. Beckman referred to a site plan and showed where snow could be stored. He noted that the PUD criteria requires a plan for snow storage or removal. Blum said the proposed LED lighting is exceptionally environmentally sound and the application packet was well prepared and detailed. Waldhauser said this sounds like a great facility that is needed in the community. Segelbaum agreed. MOVED by Kluchka, seconded by Baker and motion carried unanimously to recommend approval of the Final PUD Plan for Cornerstone Creek PUD No. 124, subject to the following findings and conditions: Findings: 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. By utilizing the PUD process, the applicant has been able to accommodate three distinct but complementary uses on the site. 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. The proposed project protects 65 feet of undeveloped wooded area at the rear of the lot. Minutes of the Golden Valley Planning Commission July 27, 2015 Page 5 3. The PUD plan includes efficient and effective use (which includes preservation) of the land. As a redevelopment of underutilized properties, the proposal would make better use of existing infrastructure and help the area transition into a more mixed use and pedestrian friendly environment. 4. The PUD Plan results in development compatible with adjacent uses and is consistent with the Comprehensive Plan and redevelopment plans and goals. The redevelopment of these two underutilized properties for affordable, life-cycle, multifamily housing is consistent with the goals of the Comprehensive Plan. 5. The PUD plan is consistent with preserving and improving the general health, safety and general welfare of the people of the City. By providing a new and innovative housing model, this proposal helps address a community, regional, and statewide need. 6. The PUD plan meets the PUD Intent and Purpose provision and all other PUD ordinance provisions. The flexibility provided by the PUD allows for a mix of uses within the site and creates the opportunity for the establishment of a new multi- purpose community space. Conditions: 1. The plans prepared by UrbanWorks Architecture, submitted July 15, 2015, shall become a part of this approval. 2. The recommendations and requirements outlined in the memo from the Engineering Division, dated July 17, 2015, shall become a part of this approval. 3. The recommendations and requirements outlined in the memo from the Fire Department, dated July 20, 2015, shall become a part of this approval. 4. The property owner shall provide to the City all easements and agreements necessary to ensure cross-access and shared parking between the two lots. 5. All signage must meet the requirements of the City's Sign Code (Section 4.20). 6. The City Attorney will determine if a title review is necessary prior to approval of the Final Plat. 7. The Final Plat shall include "P.U.D. No. 124" in its title. 8. A park dedication fee of $9,740, or 2% of the land value, shall be paid before release of the Final Plat. 9. The applicant must validate that there is adequate space for snow storage on site, or have a plan in place for snow removal. 10. This approval is subject to all other state, federal, and local ordinances, regulations, or laws with authority over this development. 3. Informal Publi Hearing — Property Rezoning — 9000 Golden Valley Road App i nt: Cit of Golden V y Address: 0 ' en Valley Road Purpose: rez the property from Commercial to High Density Residential city of �, old en E. rvi 0 R A, N D U 10 Physical Development valley Department Y P 763-593-8095/763-593-8109(fax) Date: July 27, 2015 To: Golden Valley Planning Commission From: Jason Zimmerman, Planning Manager Subject: Informal Public Hearing— Final PUD Plan for Cornerstone Creek PUD No. 124—9300 and 9310 Golden Valley Road—CHDC Cornerstone Creek LLC, Applicant Background CHDC Cornerstone Creek LLC is seeking approval of a Planned Unit Development (PUD)to create a residential development consisting of 45 units of housing for adults with developmental disabilities, administrative offices for Jewish Housing and Programming, and a multi-purpose community space. The project site currently consists of two parcels which were redesignated from Commercial — Office to Residential — High Density on the General Land Use Plan Map in April of 2012 and rezoned from Business and Professional Offices to High Density Residential (R-4) in 2013. The site is located on the north side of Golden Valley Road across from National Camera Exchange. Office uses are adjacent to the west and a medium density residential use, the Trentwood Apartments, is adjacent to the east. Directly to the north of the site is PUD No. 25 which contains light industrial uses. The property at 9300 Golden Valley Road is 1.3 acres and currently contains a small office building. The property at 9310 Golden Valley road is 0.9 acres and currently contains a single family home. Both of these structures would be demolished as part of the proposed development. Summary of Proposal The proposed PUD would allow for the consolidation of the properties and the construction of a new multi-family building. The U-shaped building would contain one level of underground parking and the residential portion would rise three levels above ground. The one-story community space would consist of both a sanctuary and a community room and would be accessible to the public through a secondary entrance. Surface parking would be provided between Golden Valley Road and the building. 44 underground spaces and 29 surfaces spaces are proposed. CO 622-50 . i ' 9240 9400 0 9210 9326 9300 9200 9300 9' 9220 PUD 124 - Site Map Based on the Zoning Code, 0.5 parking spaces are required for every residential unit (23 spaces) and 1 space per 300 square feet of gross floor area of community space (16 spaces) for a total of 39 spaces. 73 spaces are being proposed. A bicycle rack with space for four bicycles would be provided near the front door. Of the 45 units proposed, 40 would be one-bedroom units and 5 would be two-bedroom units. 14 units would be reserved for households at 30% or less of the area median income (AMI) and four units would be reserved for individuals facing long-term homelessness at 30% of AM1. Amenities within the residential portion of the building include a commercial kitchen and dining area, common space, and a fitness center. Outside the building, a newly landscaped rear courtyard would provide both passive and active spaces. A wooded area at the far rear of the property would be preserved to help serve as a buffer from light industrial uses to the north. Exterior building materials are proposed to be stone, glass, and fiber cement siding. Land Use and Zoning Considerations As a PUD, the City can offer flexibility from the regular zoning requirements in order to achieve a better development. The following table summarizes how closely the requirements of the R-4 High Density Residential Zoning District are met under the current proposal: R-4 High Density Residential PUD 124 Cornerstone Creek Use Multiple-family dwellings Apartments, Offices, and a Multi-purpose Community Space Dimensional Standards Minimum lot area 20,000 square feet for any 97,884 square feet principal structure Minimum lot width at front 150' 257' setback line Structure coverage 45% maximum 23.3% Impervious coverage 60% maximum 51.7% Front setback 25' minimum Approx. 101' Side setback 20' minimum 24' 11" along west side; 21' 1.625"along east side Rear setback 20' minimum 88' 4.625" Accessory structures Includes private indoor and None outdoor recreation facilities PUD Standards and Guidelines There are a handful of standards and guidelines set within Section 11.55 of the City Code that regulate PUDs. The following table summarizes how closely the requirements of this section are met under the current proposal: Planned Unit Developments PUD 124 Cornerstone Creek Frontage 100' or adequate to serve the 257' development Principal building setbacks No closer than its height to NA the rear or side property line of a single-family district All building setbacks No closer than 15' from the NA back of curb along internal roadway systems Private service facilities or Operation and maintenance NA common areas agreements required Engineering and Fire Safety Considerations As is standard practice for development proposals, plans for this proposal were reviewed by the City's Engineering Division to ensure the site can be adequately served by public utilities. A memorandum from the Engineering Division that addresses access and circulation, pedestrian facilities, sanitary sewer and water services, inflow and infiltration, stormwater management, and tree preservation is attached. The Fire Department reviewed this proposal to ensure that adequate emergency vehicle access is achieved on the site. A memorandum from the Fire Department that addresses site access, site design, and water supply is attached. Comparison to Preliminary PUD Plans The Final PUD Plans have reduced the building footprint slightly and shifted the entire structure to the east in order to provide a greater separation between the west lot line and the drive that connects to the underground parking level. Three surface parking spaces were eliminated. The project may be completed in two phases, with the multi-purpose community space being constructed as part of phase two. Due to limitations related to the project's financing, the PUD will be split into two lots with a dividing line separating the multi-purpose community space from the apartment and office space. All building code requirements will need to be followed and additional cross-access agreements must be recorded. 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. Applications for PUDs must be consistent with the Intent and Purpose provisions and the PUD requirements and principles and standards adhered to in the City. 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. By utilizing the PUD process, the applicant has been able to accommodate three distinct but complementary uses on the site. Staff believes this standard has been met. 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. The proposed project protects 65 feet of undeveloped wooded area at the rear of the lot. Staff believes this standard has been met. 3. Efficient— Effective. The PUD plan includes efficient and effective use (which includes preservation) of the land. As a redevelopment of underutilized properties,the proposal would make better use of existing infrastructure and help the area transition into a more mixed use and pedestrian friendly environment. Staff believes this standard has been met. 4. Compatibility. The PUD Plan results in development compatible with adjacent uses and is consistent with the Comprehensive Plan and redevelopment plans and goals. The redevelopment of these two underutilized properties for affordable, life-cycle, multifamily housing is consistent with the goals of the Comprehensive Plan. Staff believes this standard has been met. 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. By providing a new and innovative housing model, this proposal helps address a community, regional, and statewide need. Staff believes this standard has been met. 6. Meets Requirements. The PUD plan meets the PUD Intent and Purpose provision and all other PUD ordinance provisions. The flexibility provided by the PUD allows for a mix of uses within the site and creates the opportunity for the establishment of a new multi-purpose community space. Staff believes this standard has been met. Recommendation Staff recommends approval of the Final Plan for Cornerstone Creek PUD No. 124, subject to the following conditions: 1. The plans prepared by UrbanWorks Architecture, submitted July 15, 2015, shall become a part of this approval. 2. The recommendations and requirements outlined in the memo from the Engineering Division, dated July 17, 2015, shall become a part of this approval. 3. The recommendations and requirements outlined in the memo from the Fire Department, dated July 20, 2015, shall become a part of this approval. 4. The property owner shall provide to the City all easements and agreements necessary to ensure cross-access and shared parking between the two lots. 5. All signage must meet the requirements of the City's Sign Code (Section 4.20). 6. The City Attorney will determine if a title review is necessary prior to approval of the Final Plat. 7. The Final Plat shall include "P.U.D. No. 124" in its title. 8. A park dedication fee of$9,740, or 2%of the land value, shall be paid before release of the Final Plat. 9. This approval is subject to all other state,federal, and local ordinances, regulations, or laws with authority over this development. Attachments Location Map (1 page) Applicant's Narrative (4 pages) Memo from the Engineering Division dated July 17, 2015 (4 pages) Memo from the Fire Department dated July 20, 2015 (2 pages) Plans prepared by UrbanWorks Architecture, submitted July 15, 2015 (38 pages) - PT;:QYcrJ. �er � ex t: i�z�cst 763-593-8050/763-593-3988 Date: July 17, 2015 To: Jason Zimmerman, Planning Manager From: Jeff Oliver, PE, City Engineer Eric Eckman, Public Works Specialist Subject: Cornerstone Creek (9300 & 9310 Golden Valley Road)—Final PUD Review Engineering staff has reviewed the plans for the proposed Cornerstone Creek planned unit development (PUD), submitted by Community Housing Development Corporation/Jewish Housing and Programming(Developer). The proposed PUD is located at 9300& 9310 Golden Valley Road, near the intersection of Golden Valley Road and Mendelssohn Avenue.The existing parcels make up approximately 2.24 acres.The proposed redevelopment of the site includes the construction of a 45-unit supportive housing facility with offices, community rooms and worship space. This memorandum discusses the items identified during the Engineering review that must be addressed prior to permit issuance.The comments contained in this review are based on the plans submitted to the City on July 15, 2015. Site Plan and Access The proposed PUD includes the construction of a 3-story building, surface and underground parking areas, landscaped amenity areas and open spaces. According to the plans,the development may be constructed in two phases with the northwest wing, containing the community room and sanctuary areas, constructed during the second phase. The PUD includes the removal of two existing driveway entrances and the construction of two new entrances. In order to minimize potential turning conflicts,the new entrances must be designed to align with entrances to properties on the south side of Golden Valley Road to the extent feasible. All driveway entrances must meet the City standards for commercial driveway aprons. This property is located within the Highway 55 West Redevelopment Area. The City is developing plans to construct public improvements within this area, including public sidewalks adjacent to this property. In the preliminary PUD review,the City required that the Developer show the proposed future sidewalk on the plans and prepare a grading plan which allows for future design and construction of a sidewalk that meets City standards and Americans with Disabilities Act G:\Developments-Private\Cornerstone Creek()HAP)9300-9310 GV Rd\Memos\CornerstoneFinaIPUD_Review 071715.docx (ADA) accessibility standards. The Developer has met this requirement by showing the future sidewalk and incorporating it into the design of the site. However, the Developer must include curb tapers in the driveway design at the intersections with the sidewalk to allow for the future construction of ADA accessible curb ramps. The curb tapers will need to be inspected and approved by the City at the time of construction. Special assessments may be considered as part of the financing for the public improvements. The City will discuss this in more detail with the Developer as the process moves forward. The Developer must agree to waive its right to appeal any special assessments for the public improvements, consistent with state statutes. At the recommendation of the City, the Developer has included a pedestrian connection from the building and parking lot to the future sidewalk along Golden Valley Road. Preliminary Plat The preliminary plat submitted by the Developer appears to meet the City's requirements for the dedication of right-of-way for Golden Valley Road and the dedication of drainage and utility easements consistent with the City's Subdivision Ordinance. Utility Pian (Water and Sanitary Sewer) The plans submitted by the Developer show the extension of new water and sanitary sewer services into the site. The City's water and sanitary sewer systems that provide service to these properties have adequate capacity to accommodate the proposed development. The Developer must show and label the size of the water and fire protection services on the final construction plans submitted for permitting. in order to help reduce the amount of inflow and infiltration of clear water into the sanitary sewer system,the City has an Inflow and Infiltration (1/1) Ordinance. The City and the Owner have executed a deposit agreement to ensure that the property will comply with the City's 1/1 Ordinance. Per the agreement, the new sewer service must be inspected and found to be compliant with the 1/1 ordinance, prior to occupancy of the building. The Developer will need to excavate Golden Valley Road in order to construct the utility extensions described above. A City Right-of-Way Management Permit is required for all excavations and obstructions within public right-of-way and easements to ensure that the street is restored to City standards. Golden Valley Road was overlaid in 2012 and therefore, according to City standards, an increased level of restoration is required for this roadway. Staff will work with the Developer on the details of the street restoration effort as part of the permit process. Stormwater Management Plan (Grading and Erosion Control) This PUD is within the Main Stem subwatershed of the Bassett Creek watershed. The Developer proposes to disturb approximately 2 acres of the site and will increase the impervious surface area by about 1 acre. The PUD is subject to the review and comments of the Bassett Creek Watershed Management Commission (BCWMC). City staff will assist the Developer in forwarding the plans to the Commission for review once the plans are found to be acceptable by the City. G:\Developments-Private\Cornerstone Creek(1HAP)9300-9310 GV Rd\Memos\CornerstoneFinsIPUD Review 071715.docx The existing site sits atop a hill in which the north two-thirds of the site generally drains north to a wooded open space area and the south one-third generally drains south to Golden Valley Road, eventually discharging Into the ponds located within the interchange of TH169 and TH 55. According to the preliminary grading, drainage, and erosion control plans submitted by the Developer, the PUD includes re-grading the site to direct more runoff to the south through an infiltration chamber constructed below the surface parking area near Golden Valley Road. The infiltration chamber will help reduce peak runoff rates, runoff volume, and phosphorus and sediment loads. Storm sewers have been extended throughout the site to accommodate runoff from the new development. At the recommendation of the City, the Developer has included pretreatment measures prior to discharge to the infiltration chamber to maximize the efficiency of the chamber. All storm sewer facilities and stormwater quality treatment facilities (infiltration basin, sumps) in this PUD will be owned and maintained by the Developer or future property owner. A maintenance agreement outlining these responsibilities will be drafted by the City and must be signed by the Developer prior to the issuance of permits. The Developer or contractor must obtain a City Stormwater Management Permit before construction. A stormwater management plan meeting the standards of the City of Golden Valley must be included with the permit application. Plan review and approval by the BCWMC must also be completed before a City Stormwater Management Permit can be issued. This PUD is also subject to the requirements of the MPCA Construction Stormwater Permit. A copy of this permit and the corresponding Storm Water Pollution Prevention Plan must be submitted to the City before work can begin. Tree Preservation/Landscape Plan The PUD is subject to the City's Tree Preservation Ordinance and Minimum Landscape Standards. A Tree Preservation Plan and a Landscape Plan have been submitted by the Developer, and it appears the plans meet these requirements. Based on the plans and the proposed tree removals, the Developer must obtain a Tree Preservation Permit before construction can begin. The Developer must submit the estimated cost to furnish and install the landscape plant materials to help determine the financial securities required as part of the project. G:\Developments-Private\Cornerstone Creek(JHAP)9300-9310 GV Rd\Memos\CornerstoneFinalPUD_Review_071715.docx Summary and Recommendations Engineering staff recommends approval of the Cornerstone Creek final PUD plans subject to the comments contained in this review, which are summarized as follows: 1. The Developer must obtain the appropriate City permits for demolition of the existing buildings, utilities, pavements and other related improvements. 2. The Developer must include curb tapers in the driveway design at the intersections with the sidewalk to allow for the future construction of ADA accessible curb ramps. 3. The Developer must show and label the size of the water and fire protection services on the final construction plans submitted for permitting. 4. The new sewer service must be inspected and found to be compliant with the 1/1 ordinance, prior to occupancy of the building. 5. A City Right-of-Way Management Permit is required for all excavations and obstructions within public right-of-way. Golden Valley Road must be restored to City standards. 6. Pians are subject to the review and comments of the Bassett Creek Watershed Management Commission. 7. The Developer or contractor must obtain a City Stormwater Management Permit before construction begins. 8. A copy of the MPCA Construction Stormwater Permit must be submitted to the City. 9. A maintenance agreement for the storm sewer and stormwater quality treatment facilities must be signed by the Developer prior to the issuance of permits. 10. Developer must obtain a Tree Preservation Permit before construction can begin. 11. The Developer must submit the estimated cost to furnish and install all landscape plant materials in order to determine financial securities. Approval is also subject to the comments of the City Attorney, other City staff, and other governmental entities. Please feel free to call me if you have any questions regarding this matter. C: Tom Burt, City Manager Marc Nevinski, Physical Development Director Emily Goellner, Associate Planner John Crelly, Fire Chief Jerry Frevel, Building Official Bert Tracy, Public Works Maintenance Manager Al Lundstrom, Park Maintenance Supervisor and City Forester Tim Kieffer, Street Maintenance Supervisor RJ Kakach, Engineer Tom Hoffman, Water Resources Technician G:\Developments-Private\Cornerstone Creek(]HAP)9300-931D GV Rd\Memos\CornerstoneFinaIPUD_Review_071715.docx r � valle Fire Department 763-593-8079/763-593-8098 (fax) Date: July 20, 2015 To: Jason Zimmerman, Planning Manager Emily Goellner, Associate Planner Cc: Jeff Oliver, City Engineer From: John Crelly, Fire Chief Subject: Final PUD #124—Cornerstone Creek—9300—9310 Golden Valley Road The Golden Valley Fire Department has reviewed the final PUD #124 plans submitted on July 15, 2015 for the Cornerstone Creek project located at 9300—9310 Golden Valley Road. This final PUD#124 application proposes the construction of a new three story building (phase 1) that is approximately 82,057 sq. ft. in size. The building will provide independent, affordable and service enriched housing for adults with developmental disabilities age 22— 45. There are 45 units in the project with associated amenity and program support space. In addition there is community and worship space to support the residents and their families (phase 2). SITE The proposed building is "U" shaped and is arranged on the site in a fashion that does not provide 360 degree fire department access around the building as required by the Minnesota State Fire Code (MSFC). The fire department has been working with UrbanWorks Architecture, LLC and the owner to resolve the lack of access. The MSFC allows alternate materials and methods to compensate for the lack of access. On May 12th, 2015 an agreement was reached on acceptable alternate materials and methods between the City and the Architect. The configuration and location of the building on the site is acceptable with the inclusion of the agreed upon fire safety enhancements. BUILDING This building is proposed to have 44 underground parking stalls. The garage will be of type I construction. The community and worship space is 1 story in height and the residential living area will be 3 story in height all of which will be of type V construction. In reviewing the water flow requirements of the Minnesota State Fire Code (MSFQ appendix B and C, this building Page 1 of 2 requires a water flow of 6,750 gpm. The building is proposed to be protected with a fire sprinkler suppression system. Based on MSFC, a 75% reduction in water flow will be allowed which equates to a required flow of 1,687 gpm and the site will only require 1 fire hydrant. The fire sprinkler system for the new building will be supplied by a 6-inch water connection on the south side of the building. The fire department connection and a PIV valve are also shown at this location. SUMMARY AND RECOMMENDATIONS The Golden Valley Fire Department recommends approval. If you have any questions, please contact me at 763-593-8065, or e-mail Icrelly@goldenvalleymn,gov Page 2 of 2 O H fiA g l6 s @ w WY 1 � _- 4s r $ €�� 2 LLJ tt §§ b= 03ir a LU > N e a I / sir " R 11H LU p � ZLLJ 8 m ~ a ~ — g ZE) �.�� 8a LLJ t I� 11. '1 i IIla W b �' as 11 6 Ilan CL 4 a L j �=;Jul I Iscoi og z r CD � dF J G 1 � r _ 0 Ru n c 4 J! 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No. 124 CHDC Cornerstone Creek 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.) 124 thereby allowing the applicant to construct a 45 unit facility for adults with developmental disabilities, administrative offices for Jewish Housing and Programming, and a public multi-purpose space at 9300 and 9310 Golden Valley Road. 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 UrbanWorks Architecture, submitted July 15, 2015, shall become a part of this approval. 2. The recommendations and requirements outlined in the memo from the Engineering Division, dated July 17, 2015, shall become a part of this approval. 3. The recommendations and requirements outlined in the memo from the Fire Department, dated July 20, 2015, shall become a part of this approval. 4. The property owner shall provide to the City all easements and agreements necessary to ensure cross-access and shared parking between the two lots. 5. All signage must meet the requirements of the City's Sign Code (Section 4.20). 6. The City Attorney will determine if a title review is necessary prior to approval of the Final Plat. 7. The Final Plat shall include "P.U.D. No. 124" in its title. 8. A park dedication fee of $9,740, or 2% of the land value, shall be paid before release of the Final Plat. 9. The applicant must validate that there is adequate space for snow storage on site, or have a plan in place for snow removal. 10.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. 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. By utilizing the PUD process, the applicant has been able to accommodate three distinct but complementary uses on the site. 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. The proposed project protects 65 feet of undeveloped wooded area at the rear of the lot. Ordinance No. 575 - continued 3. Efficient - Effective. The PUD plan includes efficient and effective use (which includes preservation) of the land. As a redevelopment of underutilized properties, the proposal would make better use of existing infrastructure and help the area transition into a more mixed use and pedestrian friendly environment. 4. Compatibility. The PUD Plan results in development compatible with adjacent uses and is consistent with the Comprehensive Plan and redevelopment plans and goals. The redevelopment of these two underutilized properties for affordable, life-cycle, multifamily housing is consistent with the goals of the Comprehensive Plan. 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. By providing a new and innovative housing model, this proposal helps address a community, regional, and statewide need. 6. Meets Requirements. The PUD plan meets the PUD Intent and Purpose provision and all other PUD ordinance provisions. The flexibility provided by the PUD allows for a mix of uses within the site and creates the opportunity for the establishment of a new multi- purpose community space. Section 2. The tracts of land affected by this ordinance is legally described as follows: Parcel 1: That pare of the Northwest '/4 of the Southwest '/4 of Section 31, Township 118, North Range 21 West of the 511 Principal Meridian described as follows: Commencing on the North line of the Southwest '/4 of said Section 31, 585 East of the Northwest corner of said Southwest 1/4-, thence East along said North line of said Southwest '/4 a distance of 150.05 feet; thence South and parallel with the West line of said Southwest '/4 a distance of 394.49 feet, more or less to the center line of Watertown Road, so called; thence Westerly along center line of said road a distance of 150.43 feet; more or less, to a point therein distant 585 feet East of the West line of said Southwest '/4 of said Section 31, Township 118, Range 21; thence North and parallel with the West line of said Southwest 1/4 to point of beginning. Also: The East 150 feet of the South 16.5 feet of the West 735 feet of the Southwest '/4 of the Northwest '/4 of Section 31 , Township 118, Range 21. Parcel 2: That part of the Northwest Quarter of the Southwest Quarter, Section 31, Township 118, Range 21 described as follows: Beginning at a point of the North line of the Southwest Quarter of said Section 31 distant 484 feet East from the Northwest corner of said Southwest Quarter; thence East along said North line a distance of 101 feet; thence South parallel with the West line of said Southwest Quarter to the center line of 6th Avenue North (old County Road No. 6) as described in County Commissioners Proceedings dated April 27, 1925; thence Westerly along said center line to a line drawn South, parallel with the West line of said Southwest Quarter, from the point of beginning; thence North along the last described parallel line to the point of beginning. The West line of the above described tract of land is marked by Judicial Landmarks set pursuant to Torrens Case No. 12495. That part of the Southwest Quarter of the Northwest Quarter, Section 31, Township 118, Range 21 described as follows: Beginning at a point of the South line of said Southwest Quarter of the Northwest Quarter distant 585 feet East from the Southwest corner of said Southwest Quarter of the Northwest Quarter; thence North, parallel with the West line of Ordinance No. 575 - continued said Southwest Quarter of the Northwest Quarter to the North line of the South 16.50 feet of said Southwest Quarter of the Northwest Quarter; thence West along said North line to a point 836 feet West, measured along said North line, from the East line of said Southwest Quarter of the Northwest Quarter; thence South, parallel with said East line to said South line; thence East along said South line 110.75 feet, more or less, to a point of beginning. 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 18th day of August, 2015. /s/Shepard M. Harris Shepard M. Harris, Mayor ATTEST: /s/Kristine A. Luedke Kristine A. Luedke, City Clerk city 0 go I d e n MEMORANDUM no. Ph sical Development ��. � Department Y P 763-593-8095 /763-593-8109(fax) Executive Summary For Action Golden Valley City Council Meeting August 18, 2015 Agenda Item 4. B. Public Hearing - Rezoning 9000 and 9050 Golden Valley Road, City of Golden Valley, Applicant Prepared By Emily Goellner, Associate Planner/Grant Writer Summary A rezoning petition was filed by the City of Golden Valley in order to bring the properties of 9000 and 9050 Golden Valley Road into compliance with the Comprehensive Plan. The Planning Commission recommended approval of the rezoning of 9000 and 9050 Golden Valley Road from Commercial to High Density Residential (R-4) on July 27. The High Density Residential (R-4) Zoning District allows for high density housing of over 12 units per acre. The City Council approved a resolution on May 5, 2015, to re-guide these properties from Commercial use on the City's General Land Use Plan Map to High Density Residential use. The Metropolitan Council approved these changes on June 9, 2015. Subsequently, Minnesota State Statute requires that the City's Official Zoning Map be amended to reflect the change in the City's General Land Use Map. Attachments • Location Maps (2 pages) • Planning Commission Minutes dated July 27, 2015 (2 pages) • High Density Residential (R-4) Zoning District Section of City Code (3 pages) • Memo to the Planning Commission dated July 27, 2015 (1 page) • Official Zoning Map (1 page) • General Land Use Plan Map (1 page) • Ordinance #576, Rezoning 9000 Golden Valley Road from Commercial to High Density (R-4) Residential (1 page) • Ordinance #577, Rezoning 9050 Golden Valley Road from Commercial to High Density (R-4) Residential (1 page) Recommended Actions Motion to adopt Ordinance #576, Rezoning 9000 Golden Valley Road from Commercial to High Density (R-4) Residential, City of Golden Valley, Applicant. Motion to adopt Ordinance #577, Rezoning 9050 Golden Valley Road from Commercial to High Density (R-4) Residential, City of Golden Valley, Applicant. 920 10 835 7�2 747 708 696690 682 680 676 745 640 670.672 730 745 668 • • 66x662. 701� 112 1048 Z 684(883580838188188816 880(8804 21129 56168 1 190 Subject Property 111r107103A03-1� > •••00�!••• 0 •a•• •900900•• 622 628 632"13634034 �•••• • • Q 8836 8832"882,88148812 124158 186 ••00 00 1 1 •1 110 109105102 = 626 630638 642 646 g50 209 2 2058 r �•'••• 5A 8800 ----- _ 208 7th Ave N � � 12 12 i 9240 79#9140 8845 8900 605 9300 123,55 • • 0 12"°5 12.aSi , 9050 9000 6806 93269310 70 12 9200 4 7 010:12 • 0 7' +9210 9110 99110 600` 400 • Golden Valley Rd �g 9325 91009010 8950 0 9300 9130 • • • ---. • • 9220 --- YN°:55 -- 0 -- • - --_ _ State Nv�Y N°+55 _ -- - State - 439 440 0%s 8951 8945 433- 433 L) Q 432 9131- 9031 Z x'43 a 1.: $ ..•. 424 •' 424 - 9141101 ,01 421 Q L-1 ' 9_147 3(302',3306O 416 303 301 '' 347 410 8928 8920 6912.415 102)2 r 9131A ( w ' 0..s: U 106; 101k '' 345 101 %9201 91431 " 01 339 Wally St 4� • 9131B 3302• 8933892'99178913 890 8901,4 ,l'" 9131 C 306 ° 19 .^� 325 88459835 j �,y. ,. . €;-• 301 40 9131D•9145 x, ---- -- 905 1 8 54 85 9105 • 8«0 • i !820 883 850 _• '4k) 820 • 742 710 835 • 708 696690 682 680 676 620 640 670 672 730 668• • e • Z a 701 Subject Property 201 112 1048 884(88388'88:8 107 120124129156168 1 190 r 1 `202 111. 107103A03 101 •• • ••• o ••••••••• •••••• 622628 63453J • •203 •• •• • • • e 8836 8832 111 116121 158 186 s• •• •• •s •• • •• Z 626 630532638642 646 650• •204110 109105102 C 209 2 2058� 009 • •205A - -- -- - ' 208 71105 12��5` 711 2,,. T- 15 2 12 12 W 3 9240 79,9140, 8845 14`6 11 8900 s 5 1 8 32 9300 123 55 1 • 41 12•.,5 q 711105 ' 9:50 9000 1 93269310 • 1T 10 12 9200 7 9210 9110 9,9110 600 LI ��-9400 • �--- Golden Valley Rd \ 9010 8950 9325 9100 • • • _ _ • 9300 • \ • • 9a 30 9220 -'-e nvrV r10.55- _ - 00000,5 5`ate-— N0 55 - esi Sy `--- - _ r`_ `tiviV l --'r 439 e�Ocla 440 .. ::`'y1. •I/�/''- OISO Z M 8951 8945 433 Q 19131 9031 433 Z 432 9141 i 42 4 42 3 42 4 201 421 C m 91473 3308 � a 416 3031 - 301 347 c 410 89128 8920 8912 415 10212 „9131A 408 / 106 101 t�---3 Minutes of the Golden Valley Planning Commission July 27, 2015 Page 5 3. The PUD plan includes efficient and effec ive use (which includes preservation) of the land. As a redevelopment of underutiled properties, the proposal would me better use of existing infrastructure and help the area transition into a more mla ed e and pedestrian friendly environment. j 4. Th\ UD Plan results in development compatible with adjacent uses and is cons tent with the Comprehensive Plan End redevelopment plans and goals. The redevelop; ent of these two underutilizedproperties for affordable,`-life-cycle, multifamilylt is consistent with the boals of the Comprehensive Plan. 11 5. The PUD plan:Ns,consistent with preserving and improving the general health, safety and general weAf of the people of the City. By providing a new and innovative housing model, this posal helps addre s a community, regional, and statewide need. ,, 6. The PUD plan meets the PUP,Intent and , urpose provision and all other PUD ordinance provisions. The flexibility providbd by.the PUD allows for a mix of uses within the site and creates the oppunityfor the establishment of a new multi- purpose community space. Conditions: ;; ul q. 1. The plans prepared by UrbanWorks Arch itecture,''submitted July 15, 2015, shall become a part of this approval„ 2. The recommendations and requirementsi outlined in the' iemo from the Engineering Division, dated July 17, 2014, shall become amort of this approval. 3. The recommendations and requirements�outlined in the membjrom the Fire Department, dated July 20, 2015, shall b6come a part of this approval. 4. The property owner shall provide to the Gity all easements and agreements necessary to ensure cross-access and shiared parking between the twd lots. 5. All signage must meet the requirements of the City's Sign Code (Section.�...,0). 6. The City Attorney will determine if a title review is necessary prior to approvthe Final Plat. 7. The Final Plat shall include "P.U.D. No. 1 4" in its title. 8. A park dedication fee of $9,740, or 2% of the land value, shall be paid before release/&the Final Plat. 9. The applicant must validate that there is a,Jequate space for snow storage on site, /or �e a plan inplace for snow removal. 10. pproval is subject to all other state, deral, and local ordinances, regulations, s with authority over this developme t. 3. Informal Public Hearing — Property Rezoning — 9000 Golden Valley Road Applicant: City of Golden Valley Address: 9000 Golden Valley Road Purpose: To rezone the property from Commercial to High Density Residential (R4). Minutes of the Golden Valley Planning Commission July 27, 2015 Page 6 4. Informal Public Hearing — Property Rezoning — 9050 Golden Valley Road Applicant: City of Golden Valley Address: 9050 Golden Valley Road Purpose: To rezone the property from Commercial to High Density Residential (R-4). Items 3 and 4 were discussed together. Goellner explained that the properties located at 9000 and 9050 Golden Valley Road have been re-guided on the General Land Use Plan Map from Commercial Retail/Service to Residential High Density. According to state statute the Zoning Map and the General Land Use Plan Map have to be consistent with each other so these properties need to be rezoned from Commercial to High Density (R-4) Residential. Segelbaum asked if development doesn't happen on these properties if the City is stuck with the way the properties are zoned and guided. Goellner said the development is irrelevant because the City Council wants to see this area as High Density Residential. Segelbaum asked if these properties are part of the TIF District in this area. Goellner said they are in a redevelopment area, but there are no projects requesting TIF assistance at this time. Segelbaum opened the public hearing. Seeing and hearing no one wishing to comment, Segelbaum closed the public hearing. Blum said he is very supportive of rezoning these properties because the City often talks about where to put high density housing. He said this proposal is consistent with the long term flow of development along Highway 55 and is doesn't conflict with traditional neighborhoods. MOVED by Kluchka, seconded by Waldhauser and motion carried unanimously to recommend approval of rezoning the property at 9000 Golden Valley Road from Commercial to High Density Residential (R-4). MOVED by Kluchka, seconded by Waldhauser and motion carried unanimously to recommend approval of rezoning the property at 9050 Golden Valley Road from Commercial to High Density Residential (R-4). 5. ,,�Informa,(Publeicaring — Conditional Use Permit (CUP #139) — Schuett `Gpmpa.pie Golden Valley Road App4i ht, Schuett Companies § 11.24 Section 11.24: High Density Residential Zoning District (R-4) Subdivision 1. Purpose The purpose of the High Density Residential Zoning District (R-4) is to provide for high density housing (over twelve (12) units per acre) along with directly related and complimentary uses. Subdivision 2. District Established Properties shall be established within the R-4 Zoning District in the manner provided for in Section 11.90, Subdivision 3 of this Chapter, and when thus established shall be incorporated in this Section 11.24, Subdivision 2 by an ordinance which makes cross-reference to this Section 11.24 and which shall become a part hereof and of Section 11.10, Subdivision 2 thereof, as fully as if set forth herein. In addition the R-4 Zoning Districts thus established, and/or any subsequent changes to the same which shall be made and established in a similar manner, shall be reflected in the official zoning map of the City as provided in Section 11.11 of this Chapter. Subdivision 3. Permitted Uses The following uses and no others shall be permitted in the R-4 Zoning District: A. Multiple-family dwellings B. Senior and Physical Disability Housing C. Foster Family Homes D. Essential Services, Class I and II E. No more than one (1) kitchen area shall be permitted in each dwelling unit. Subdivision 4. Accessory Structures The following accessory structures and no others shall be permitted in R-4 Zoning Districts: A. Enclosed parking structures similar in construction and materials to the principal structure B. Storage structures similar in construction and material to the principal structure, not exceeding five hundred (500) square feet or ten (10) feet in height. No accessory structure shall be erected in the R-4 Zoning District to exceed a height of one (1) story, which is ten (10) feet from the floor to the top horizontal member of a frame building to which the rafters are fastened, known as the top plate. Golden Valley City Code Page 1 of 3 § 11.24 C. Underground parking structures D. Private indoor and outdoor recreational facilities, including but not limited to swimming pools and tennis courts. Subdivision S. Conditional Uses The following conditional uses may be allowed after review by the Planning Commission and approval by the Council following the standards and procedures set forth in this Chapter: A. Residential facilities serving twenty-five (25) or more persons B. Group Foster Homes Source: Ordinance No. 373, 2nd Series Effective Date: 07-13-07 C. Principal structures in excess of five (5) stories or sixty (60) feet in height. Source: Ordinance No. 444, 2nd Series Effective Date: 08-13-10 D. Retail sales, Class I and II restaurant establishments, and professional offices within principal structures containing twenty (20) or more dwelling units when located upon any minor or major arterial street. Any such sales, establishment or office shall be located only on the ground floor and have direct access to the street. Subdivision 6. Buildable Lots In the R-4 Zoning District a lot of a minimum area of twenty thousand (20,000) square feet shall be required for any principal structure. A minimum lot width of one hundred fifty (150) feet at the front setback line shall be required. Subdivision 7. Corner Visibility All structures in the R-4 Zoning District shall meet the requirements of the corner visibility requirements in Chapter 7 of the City Code. Subdivision S. Easements No structures in the R-4 Zoning District shall be located in dedicated public easements. Subdivision 9. Maximum Coverage by Buildings and Impervious Surfaces Structures, including accessory structures, shall not occupy more than forty-five percent (45%) of the lot area. Total impervious surface on any lot shall not exceed sixty percent (60%) of the lot area. Subdivision 10. Principal Structures — Multiple-Family Multiple-Family Dwellings in R-4 Zoning District shall be governed by the following requirements: Golden Valley City Code Page 2 of 3 § 11.24 A. Setback Requirements. The following structure setbacks shall be required for principal structures in the R-4 Zoning District. 1. Front Setback. The required minimum front setback shall be twenty- five (25) feet from any front property line along a street right-of-way line. 2. Side and Rear Yard Setback. When directly abutting any R-1 Zoning , District, the required side and rear yard setback shall be forty (40) feet. In all other instances, the required side and rear yard setback shall be twenty (20) feet. Subdivision 11. Enclosed Parking Structures and other Accessory Uses Enclosed parking structures and accessory uses in the R-4 Zoning District shall be governed by the following requirements: A. Setback requirements. The following structure setbacks shall be required for all enclosed parking structures and other accessory uses in the R-4 Zoning District: 1. Front Setback. The required minimum front setback shall be twenty- five (25) feet from any front property line along a street right-of-way line. 2. Side and Rear Yard Setback. The required minimum side and rear yard setback for enclosed parking structures shall be forty (40) feet when abutting an R-1 Zoning District and twenty (20) feet in all other instances. The required minimum side and rear setback for other accessory uses shall be fifteen (15) feet. B. Location. No enclosed parking structure or accessory use shall be located closer to the front property line than the principal structure or within ten (10) feet of the principal structure. Subdivision 12. Parking Space Reduction Applicants providing sidewalks on all street frontages may pursue the following non-enclosed parking space reduction: A. Underground parking. The provision of one (1) stall of underground parking per unit shall result in a ten percent (10%) reduction in the number of required non-enclosed parking spaces. B. Public Transit. Scheduled public transit route available within one thousand (1,000) feet of the primary entrance accessed by a public sidewalk shall result in a ten percent (10%) reduction in the number of required non- enclosed parking spaces. Source: Ordinance No. 373, 2nd Series Effective Date: 07-13-07 Golden Valley City Code Page 3 of 3 C1(v0 =: goldell 1W AM EMOR AN DUM Ph Physical Development valley Department Y - - 763-593-8095/763 593 8109(fax) Date: July 27, 2015 To: Golden Valley Planning Commission From: Emily Goellner, Associate Planner/Grant Writer Subject: informal Public Hearing—Amendments to the Official Zoning Map— 9000 and 9050 Golden Valley Road Background A rezoning petition was filed by the City of Golden Valley in order to bring the properties of 9000& 9050 Golden Valley Road into compliance with the Comprehensive Plan. The Golden Valley City Council approved a resolution on May 5, 2015 to re-guide these properties from Commercial use on the City's General Land Use Plan Map to High Density Residential use. The Metropolitan Council approved these changes on June 9, 2015. Subsequently, Minnesota State Statute requires that the City's Official Zoning Map be amended to reflect the change in the City's General Land Use Map. The High Density Residential (R-4) Zoning District allows for high density housing of over 12 units per acre. Recommendation Staff recommends approval of the Rezoning Petition, amending the Official Zoning Map to re-zone 9000 and 9050 Golden Valley Road from Commercial to High Density Residential (R-4). Attachments Location Maps (2 page) High Density Residential Zoning District (R-4) Section of City Code (3 pages) Official Zoning Map (1 page) General Land Use Plan Map (1 page) 4-j fi V l+ cm > ss J t 1 • '>� Q S � i4. 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ILUIOINA YBVd 51(]07'IS y ' 3 J ; 30 A11J u n ORDINANCE NO. 576, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Rezoning 9000 Golden Valley Road from Commercial to High Density (R-4) Residential City of Golden Valley, 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, by changing the zoning designation of certain tracts of land from Commercial to High Density (R-4) Residential. Section 2. The tracts of land affected by this ordinance are legally described as: Lot 2, Block 1 , Cooperman Subdivision Section 3. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 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 18'h day of August, 2015. /s/Shepard M. Harris Shepard M. Harris, Mayor ATTEST: /s/Kristine A. Luedke Kristine A. Luedke, City Clerk ORDINANCE NO. 577, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Rezoning 9050 Golden Valley Road from Commercial to High Density (R-4) Residential City of Golden Valley, 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, by changing the zoning designation of certain tracts of land from Commercial to High Density (R-4) Residential. Section 2. The tracts of land affected by this ordinance are legally described as: Lot 1 , Block 1 , Cooperman Subdivision Section 3. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 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 18th day of August, 2015. /s/Shepard M. Harris Shepard M. Harris, Mayor ATTEST: /s/Kristine A. Luedke Kristine A. Luedke, City Clerk City of .n golden MEMORANDUM 11 � �1 Physical Development Department valley Ph Y P P 763-593-8095/763-593-8109(fax) Executive Summary For Action Golden Valley City Council Meeting August 18, 2015 60 day deadline: August 24, 2015 Agenda Item 4. C. Public Hearing-Approval of Conditional Use Permit No. 139 - 9000 Golden Valley Road -The Schuett Companies, Applicant Prepared By Jason Zimmerman, Planning Manager Summary The Schuett Companies is proposing to relocate their office, which is currently located on Mendelssohn Avenue North in Golden Valley, within their new senior building at 9000 Golden Valley Road. The colocation of a professional office within a principal structure containing 20 or more units in the High Density Residential (R-4) zoning district requires a Conditional Use Permit (CUP). The applicant will be constructing a five-story senior building with one level of underground parking on site. The office component is proposed to occupy roughly 4,900 square feet on the first floor of the building and would be utilized by the building's owner to manage this and other properties owned by The Schuett Companies. As required by the City's zoning code, the office would be located on the ground floor and would have its own, separate, entrance which would provide direct access to Golden Valley Road. Under the City's off-street parking requirements, at 0.5 to 1 parking space per unit, 96 units of senior housing require between 48 and 96 parking spaces. At 1 parking space per 250 gross square feet of office space, 4,900 square feet of office require 20 parking spaces. Between 68 and 116 total parking spaces are required; 68 parking spaces -the minimum amount allowed for consideration - are proposed. At the July 27, 2015, Planning Commission meeting the Commission voted 6-0 to recommend approval of the proposal. Specifically, the Commission felt the proposed use was in compliance with the ten factors in the City Code that determine the eligibility of a conditional use, subject to the following conditions: 1. The plans prepared by kaas wilson architects, received on June 26 and July 15, 2015, shall become a part of this approval. 2. The comments in the memo from the Engineering Division dated July 14, 2015, shall become part of this approval. 3. The recommendations and requirements outlined in the memo from the Fire Department dated July 21, 2015, shall become part of this approval. 4. A sidewalk shall be constructed along the east side of the access drive in order to connect the two building entrances with the proposed sidewalk along Golden Valley Road. 5. All signage must meet the requirements of the City's Sign Code (Section 4.20). 6. The applicant shall validate that there is adequate space for snow storage on site, or have a plan in place for snow removal. 7. The applicant shall provide historical parking information to staff for evaluation and confirmation that the project fits with the appropriate level of parking. 8. This approval is subject to all other state, federal, and local ordinances, regulations, or laws with authority over this development. Attachments • Location Map (1 page) • Applicant's Narrative (2 pages) • Unapproved Planning Commission minutes dated July 27, 2015 (6 pages) • Memo to the Planning Commission dated July 27, 2015 (3 pages) • Memo from the Engineering Division dated July 14, 2015 (3 pages) • Memo from the Fire Department dated July 21, 2015 (1 page) • Plans prepared by kaas wilson architects, received on June 26 and July 15, 2015 (6 pages) • Ordinance #578, Approve Conditional Use Permit Number 139 - 9000 Golden Valley Road (2 pages) Recommended Action Motion to adopt Ordinance #578, Approval of Conditional Use Permit No. 139, 9000 Golden Valley Road, The Schuett Companies, Applicant. -- - J 820 10 �--- - - 835 742 747 708 66690 682 680 676 • 745 III • • _640 670.672 730 745 668• • 1i I • 1---.-----_. 701 664662 1 112 1048 Z Subject Property 884(883E88838f881E8816 880(8804 21129 561681190 111••107103A03 1� > ••••••••• • • •••• *••••••••• 622628632 53634034 •••• • • • Q 8836 8832 882X8814 8812 124158 186 •••• •• 06 00 110 109105102 626 630538642 646 650 2092205B ' •••• . 5A ° 8800 -- -- t 208 1,10 y10 q 7th Ave N 7.10 12 12: 9240 79.9140 8845 • 8900 605 1 9300 123 53 • • • 12151 9050 0 8806 93269310 1?10'12 9200 4 7 010:121 900 • 400 7 9210 —9110 9+9110 600 Golden 8 Valley Rd 9325 9100 9010 8:50 • 9300 9130 • • • -_^-- ,-_ '=-��/�'.. • 9220 e -- f Y Wo: • -- - -Sla le HwY-N°J 5 i SatNWYJ ^r 439 Z 440---�- ° 01`'On M 8951 8945 > r r 9031 433 Z 433 Q 432 8811 J9131 • _ > 424 423 a r�r 9141 101 01 —421 Q 424 9147 3(302' a; O 416 - 306 _ 410 892 8 303' 301 347 c 8920 8912 415 10272 9131A U; 408 106 101 '345- 1101 Wally St 914 400 '• _ ;9201 3 01 i 339 91318 3`J02, ' 893389258917891338m 01 9131C301 306 r:�325 I ' �88459835 III) —9131D-9145 1 E I VE m': �I JUN 2 6 2015 Attachment 2: 9000 Golden Valley Road Application for Conditional Use Permit Narrative A conditional use permit(CUP) is required for this multifamily building and for the 4900 square feet of first floor office space for Schuett's new central office that is accessory to the management of the building. The narrative below summarizes the site usage. Property Summary and Land Use Guidance The property(PID 31-118-21-31-0045) is approximately 1.5 acres(66,045 square feet)and is currently fully developed with a 3,500 square foot,single story commercial building that most recently operated as a Wendy's restaurant until December 13, 2014. The parcel also has expansive hard surface with 52 surface parking stalls, a trash enclosure, limited landscaping, and two curb cuts from Golden Valley Road. The property is located in the Highway 55 West Redevelopment Area,which is transitioning away from auto- oriented commercial uses to pedestrian oriented high density residential uses. On May 5,2015,the City Council adopted Resolution 15-39 which changed the zoning of this property from Commercial to High Density Residential (114)and made a corresponding amendment to the Comprehensive Plan's General Land Use Map. This redevelopment plan is complimentary to and compatible with the nearby existing and proposed multifamily uses. Our project removes the blighting influence caused by the vacant fast food restaurant,diversifies housing choices in general and adds a unique, "mid-market" senior housing option with in-home health care services, and adds value to the tax rolls by intensifying the use of the site. Site and Building Features The property will be redeveloped as a five story senior apartment building, below grade and surface parking,and many on-site amenities including in-home health care services. The compact site plan makes efficient use of the property by maximizing the residential density on the site within the established zoning and parking requirements with a small, complimentary office space for the company that owns the building. To make the site more pedestrian oriented, one of the two existing curb cuts is removed,surface parking is dramatically reduced,the building is placed at the front yard setback, and the building has been designed with high quality materials and rich architectural details. In addition,the future sidewalk along Golden Valley Road by others is shown. The building's main entrance into the lobby area has a porte cochere with a landscaped island and a dropoff/loading area with sufficient emergency vehicle access. Generous landscaping includes 33 shade and evergreen trees complimented by shrubs, perennials and grasses. While the Tree Preservation Ordinance does not apply,targeted preservation of some mature trees around the site perimeter that are outside of the grading limits is proposed to continue existing buffering from adjacent properties. Architecturally,the building was designed to be inviting and comfortable not only for seniors but for extended family and guests. This building exceeds quality standards that apply elsewhere in the City. The exterior has an articulated facade with bump outs, decorative parapets, balconies,and a flat roof. The exterior materials will feature traditional face brick, decorative structural concrete masonry, as well as lap and panel cement fiber board siding with trim accents. Each apartment home will have compact, combined heating/cooling systems with color- coordinated grills to match the exterior,and some first level units will have private entries with pet-friendly walkouts and patios. The property features many amenities that are comparable to higher end,general occupancy buildings and intended to help residents and guests feel at home. A large community or party room with a residential kitchen for scheduled and unscheduled group activities and for informal gathering. There will be also a landscaped terrace,fitness room, resident storage rooms,garage parking, and WiFi. The building will have integrated concierge service with a tablet or similar device in each apartment home that combines the latest pendant-based nurse call system with resident services and amenities including meal delivery. On-site property management and CompassionCare staff work closely together to meet resident needs and coordinate on-and off-site activities. A New Model for Senior Housing Schuett has created a new model for independent senior rental housing that emphasizes aging in place with dignity. We accomplish this by coupling the features and amenities of a contemporary,age-restricted apartment community with targeted in-home health services provided at a competitive price by CompassionCare,an affiliate of Schuett. This property is oriented towards an underserved group of seniors with relatively moderate income or assets that are too substantial to qualify for income-restricted affordable housing and are not interested in or able to afford luxury, market rate senior housing. This is not an institutional group home, nursing home or traditional assisted living. There is no congregate dining and therefore no commercial kitchen. There are no nurse stations or separate wings that segregate residents based upon medical needs. This property was specifically designed as a residential setting and to maximize the comfort of the residents and their guests. CompassionCare will strive to assist individuals with aging in place by providing a variety of services and coordinating with other agencies, if necessary,to meet the needs of our clients. Every resident will choose an in-home health service package that most closely meets their needs ranging from targeted health monitoring with well checks to help with activates of daily living essentials in their private apartment homes. These services will include chores, meal preparation, grooming, hygiene, incontinence care, medication administration/treatments,and incidental nursing available 24 hours a day. The CompassionCare space on the first floor will include a salon, wellness features like a therapeutic tub and telemedicine video conferencing, a private consultation room and staff offices. In addition, CompassionCare's staff will assist residents with transportation and activities that are off the property including grocery shopping. First Floor Office Space for Schuett The first floor of the building includes up to 4900 square feet of office space for the building's owner from which this building and the rest of the company's multifamily properties will be managed. This space has been designed to be seamlessly integrated into the building by continuing the window, balcony and material patterns in the elevations that are established by the residential floors above it. These design elements minimize Schuett's presence and maintain the building's identity as senior housing. There will be no signage dedicated to the Schuett space and no identifiable"storefront" presence. The office will be accessed from an interior corridor to enable resident interaction and from a dedicated entry adjacent to the building's entrance that has direct access to Golden Valley Road via a sidewalk. Office visitors will use surface parking in part because on-street parking on Golden Valley Road is currently prohibited. The first floor office use does not generate or cause any odors, dust, smoke,gas,vibration,and it does not cause or attract flies, rats, other animals or vermin in the area. There are currently 6.5 full time equivalent(FTE)jobs at the Schuett office, and the residential property will create an additional 8 to 10 FTE jobs for the on-site property management and CompassionCare's in-home health staff. A skilled Registered Nurse (RN) will oversee an in-home health staff that includes Licensed Practical Nurses(LPN), and health aides. Minutes of the Golden Valley Planning Commission July 27, 2015 Page 6 4. Informal Public Hearing — Pro erty Rezoning — 9050 Golden Valley Road Applicant: City of Golden Valle dress: 9050 Golden Valley oad r` Purpose: To rezone the prop y from Commercial to High Density Residential (R-4). Items 3 and 4 weir discussed together. r } Goellner explained that the properties I cated at 9000 and 9050 Golden Valley Road have been re-guided on the General Land Us Plan Map from Commercial Retail/Service to Residential High Density. According toate stptute the Zoning Map and the General Land Use Plan Map have to be consistent wit eachf other so these properties need to be rezoned from Commercial to High Dens ity"(R. -4) egidential. Segelbaum asked if development does" t happen on these properties if the City is stuck with the way the properties are zoned a 'd guided. Goellner said the development is irrelevant because the City Counci),wan to see this area as High Density Residential. Segelbaum asked if these properties areI part of the TIF District in this area. Goellner said they are in a redevelopment,area, but th re are no projects requesting TIF assistance at this time. ,.<"' Segelbaum opened thepublic hearing. eeing and hearing no one wishing to comment, Segelbaum closed the`public hearing. Blum said he is very supportive of rezon.hg these properties because the City often talks about where to gg6t high density housing He said this proposal is consistent with the long term flow of development along Highwa 55 and is doesn't conflict with traditional neighborhoo MOVED b Kluchka, seconded by Wafdh user and motion carried unanimously t recomm d approval of rezoning the pro rty at 9000 Golden Valley Road from Comm cial to High Density Residential ( -4). MO D by Kluchka, seconded by Waldha. ser and motion carried unanimously to re mmend approval of rezoning the prop y at 9050 Golden Valley Road from mmercial to High Density Residential (R', ). 5. Informal Public Hearing — Conditional Use Permit (CUP #139) — Schuett Companies — 9000 Golden Valley Road Applicant: Schuett Companies Minutes of the Golden Valley Planning Commission July 27, 2015 Page 7 Addresses: 9000 Golden Valley Road Purpose: To allow for a professional office within a principal structure containing 20 or more dwelling units. Goellner stated that the applicant is proposing to move their current offices from Mendelssohn Avenue in Golden Valley to this location at 9000 Golden Valley Road which is currently a vacant Wendy's restaurant. She added that the City Council has targeted this area for fewer auto oriented uses and for more pedestrian friendly uses. Goellner referred to a site plan and explained the proposed senior living building with 4,900 square feet of attached office space which is the use that requires the proposed Conditional Use Permit. She stated that the requirements for allowing office in the High Density Residential Zoning District state that the office must be on the first floor and must have direct access from the office to the street. She stated that staff is recommending a condition of approval requiring the construction of a sidewalk along the east side of the access drive in order to connect the two building entrances with the proposed sidewalk along Golden Valley Road. She noted that all other zoning requirements have been met. Kluchka asked about the ability to add conditions to the approval of the Conditional Use Permit. Goellner stated that the Zoning Code allows the proposed senior living building so any conditions should be related to the factors used when considering Conditional Use Permits and how they apply to the office use and its relationship to the housing component. Waldhauser asked if there are landscaping, lot coverage, and impervious surface requirements in this zoning district. Goellner said there are impervious surface and building coverage requirements, but the Zoning Code does not have minimum landscape requirements. Segelbaum asked if there are tree preservation requirements. Goellner said yes, and stated that staff will be bringing new landscape requirements for the Planning Commission to review within the next few months. Segelbaum stated that landscaping could be considered part of the visual impact analysis required in reviewing a Conditional Use Permit proposal. Segelbaum asked if there are any other locations in the City with a similar use. Goellner said no, there are no other R-4 uses that include an office use. Waldhauser asked if the proposed office were vacated if the space would have to remain office space or if it could be re-purposed for a different use. Goellner said the Conditional Use Permit would need to be amended to allow a different use. Baker asked if the office space were vacated if it could become housing space. Goellner said yes, and if that were the case the Conditional Use Permit wouldn't be needed because high density housing is a permitted use. Baker said there is going to be a lot going on along this section of Golden Valley Road and he is concerned about the impact to other businesses on that road. He asked if Minutes of the Golden Valley Planning Commission July 27, 2015 Page 8 there is any way to influence the sequencing of the upcoming projects. Goellner said she thinks that may be considered during the right-of-way permitting process. Blum referred to the various proposed uses and said he is concerned that only the minimum parking requirement is being met. Goellner said staff also has concerns about the number of parking spaces being proposed. She stated that staff can look into it further and ask the applicant to provide examples of other properties they have that are similar to this one. Kluchka asked if proof of parking has been considered. Goellner said there is no room for proof of parking. She stated that the office and apartment uses will have different hours and that the City could ask that signs for guest parking spaces be installed. Waldhauser said she thinks office and residential uses are compatible because the residential use will most likely have visitors on the weekend when the office space isn't being used. Johnson said the proposed building seems really massive for this property and asked about the setback requirements. Goellner agreed that it is a dense development and explained that the front yard setback requirement is 25 feet and the side and rear yard setback requirement is 20 feet. She reiterated that the proposal meets all of the requirements of the R-4 Zoning District. Blum noted that these proposals along Highway 55 might seem visually like a row of parking lots and questioned if that should be discouraged. Goellner said staff will be drafting a pedestrian overlay district soon which would reduce the front yard setback area. Kluchka asked when the City will be installing the sidewalk along Golden Valley Road. Goellner said the design work will begin in 2016 and construction would be in 2016 or 2017. Waldhauser asked if landscaping would be put in along with the sidewalk. Goellner said yes. Matt Goldstein, Vice President of Development, Schuett Companies, stated that they are a family-owned business headquartered in Golden Valley. He said the purpose of their Conditional Use Permit request is to create a corporate office and that they've tried very hard to create a straightforward zoning request without the need for a PUD. Waldhauser asked if Schuett has other properties similar to the one being proposed. Goldstein said they have a portfolio of 16 properties located throughout Minnesota. He said they cater to affordable housing for seniors. He said this proposal is a slight departure from their regular model where they are moving away from income restricted affordable housing to mid-range market rate housing. Blum asked Goldstein to describe the need for this type of housing. Goldstein said they've found there is a large group of people that don't qualify for income restricted housing but don't have the means to afford higher end, luxury apartments. He said they see an opportunity to deliver a very strong, unmet need in Golden Valley. Segelbaum asked about the size and types of units. Goldstein said there will be different configurations of 1- bedroom, 2-bedroom, and studio apartments available. Minutes of the Golden Valley Planning Commission July 27, 2015 Page 9 Segelbaum asked how many people the office space will accommodate. Tom Schuett, President, Schuett Companies, said the space is oversized for them right now, but it fits with their needs and future growth. He said there are six employees currently and they will have 20 parking spaces for the office use so that will help with the parking concern. He added that they may add a small locker room and work out area in the future. Segelbaum asked if they would lease out the office space they won't be using. Schuett said no, they don't intend to have any other tenants and that the office space will be just for their company. Blum asked how many employees will be required on-site to manage the senior housing building. Schuett explained that there will be a site manager, a maintenance person, a registered nurse and approximately five staff members. He explained that his proposal is essentially assisted living where people won't have to move again, unlike other facilities where people move in when they are independent and then move again when their needs change. He said a lot of their residents won't have cars and that the peak hours for care givers will be from 7 to 9 am, 11 to 1 pm, and 6 to 9 pm. Baker asked if this is a new model. Schuett said it is the model they've been using in their existing buildings. Baker said there is a turnover with these types of uses and he is surprised there is a market for this type of model because it is playing to a short term desire for people who discover it won't fit their needs. Baker stated that each unit will probably have a person caring for a tenant so the simple math says there will be a shortage of parking. Schuett said he would take another look at their staffing levels and their parking needs. He reiterated that their typical resident won't be driving. Segelbaum asked about the outdoor space. Schuett stated there will be garden areas in the back and maybe a porch area. Kluchka asked about their snow removal plans. Goldstein referred to a site plan and showed where snow would be stored. Kluchka asked the applicant if guest parking signs have been considered. Schuett said they haven't considered that, but they will. Kluchka referred to the proposed parapet at the top of the building and said he is concerned about them not looking real. He suggested that the applicant look for opportunities to make them look more solid, or like they have a purpose. Schuett said he would address the design concerns. He said they also want to have a nice looking building. Segelbaum opened the public hearing. Seeing and hearing no one wishing to comment, Segelbaum closed the public hearing. Segelbaum said the concerns he's heard are regarding snow removal, parking, and design. Minutes of the Golden Valley Planning Commission July 27, 2015 Page 10 Waldhauser said she is less concerned about parking since they've learned that almost all of the residents will not be driving. Baker said he is concerned that people will own cars even if they don't drive them and that people will also be coming in everyday to help the residents which will mean more cars. He said he thinks there will need to be a parking space for every unit. Waldhauser said she wouldn't expect that care givers would be helping people one-on-one for hours and hours, they may be helping several different residents while they are there. Kluchka asked if the applicant is asking for a variance from the parking requirements. Goellner said no, they are meeting the parking requirements. She added that the applicant has said they are confident about the proposed number of parking spaces, but she would like the applicant to demonstrate that they will have enough parking. Blum said he thinks this use is a need that should be fulfilled, but the people who go there will have to park somewhere, and it could become a safety issue. Johnson also questioned if there is enough parking for a 100-unit building. Segelbaum stated that there is also a level of underground parking. He noted that their parking ratio is .62 spaces per unit so they are within the range of the City's parking requirement. He added that this is a need for the community, but he thinks the City needs assurance or demonstration that the parking will work. Kluchka said he doesn't want to require more parking. Baker said he would like the applicant to review the parking. He suggested the applicant provide an analysis of their other facilities. Blum said he would like an actual number of the people who will be providing services in order to understand the parking issues. Segelbaum asked the Commissioners how they felt about requiring a snow removal plan. Kluchka said it is valuable to request a plan that is consistent with other apartments in the area. Segelbaum asked the Commissioners about design concerns. Baker said he thinks it's great and he wants the applicant to stay in Golden Valley. Kluchka asked how they can make sure this property is well landscaped. MOVED by Kluchka, seconded by Waldhauser and motion carried unanimously to recommend approval of a Conditional Use Permit at 9000 Golden Valley to allow for a professional office within a principal structure containing 20 or more dwelling units subject to the following findings and conditions: Findings: 1. The applicant has indicated that the market in Golden Valley would be supportive of the type of senior housing being proposed for this location. In addition, the opportunity to collocate the professional offices within the building would generate efficiencies for the management of this project. 2. With the recent redesignation of the property to High Density Residential, the proposed residential use with a secondary office use is consistent with the General Land Use Plan Map. Minutes of the Golden Valley Planning Commission July 27, 2015 Page 11 3. Staff anticipates the new use would improve property values as it would replace a vacant fast food restaurant. 4. The number of trips associated with the proposed use is a reduction compared to the previous use, so staff does not expect any negative traffic impacts to the surrounding areas. 5. Between the residential and office uses, the proposal will increase the population at the location as compared to the previous use. This is not expected to have a negative impact 6. The proposed use is not anticipated to cause an increase in noise levels. 7. The proposed use is not anticipated to cause an increase in dust, odor, or vibrations. 8. The proposed use is not anticipated to attract pests. 9. The construction of a new five-story building would be a visual improvement over the existing vacant fast food restaurant. However, the increase in size of the structure will be a change in the scale of development on the property. It will not, however, be out of line with other development taking place along Golden Valley Road. 10.Staff does not anticipate any other negative effects of the proposed use. Conditions: 1. The plans prepared by kaas wilson architects, received on June 26 and July 15, 2015, shall become a part of this approval. 2. The comments in the memo from the Engineering Division dated July 14, 2015, shall become part of this approval. 3. The recommendations and requirements outlined in the memo from the Fire Department dated July 21, 2015, shall become part of this approval. 4. A sidewalk shall be constructed along the east side of the access drive in order to connect the two building entrances with the proposed sidewalk along Golden Valley Road. 5. All signage must meet the requirements of the City's Sign Code (Section 4.20). 6. The applicant must validate that there is adequate space for snow storage on site, or a have plan in place for snow removal. 7. The applicant shall provide historical parking information to staff for evaluation and confirmation that the project fits with the appropriate level of parking. 8. This approval is subject to all other state, federal, and local ordinances, regulations, or laws with authority over this development. r ort Recess-- 6. N4kRorts on Meetings of th*'Housing and Redevelopment Authority, City Cou ,cil,�Board of ZoningyiAppeals a. de er Meetings Baker stated that t *METRO Be e Citizens Advisory Committee has been talking about platform placeme?ifi. ejfner added that there have also been discussion about using the triangular-s ed,`perk board property for parking. citv of go I de- n [0 E Mt 0, R A N D U M valley ey Physical Development Department 763-593-8095/763-593-8109(fax) Date: July 27, 2015 To: Golden Valley Planning Commission From: Jason Zimmerman, Planning Manager Subject: Informal Public Hearing—Conditional Use Permit (CUP-139) to Allow for a Professional Office within a Principal Structure containing 20 or more Units at 9000 Golden Valley Road —The Schuett Companies, Applicant Background The Schuett Companies is proposing to relocate their office, which is currently located on Mendelssohn Avenue North in Golden Valley, within their new senior building at 9000 Golden Valley Road. The colocation of a professional office within a principal structure containing 20 or more units in the High Density Residential (R-4) zoning district requires a Conditional Use Permit (CUP). This property was redesignated for High Density Residential use on the City's General Land Use Plan map by the City Council on May 5. It is proposed to be rezoned from Commercial to High Density Residential (R-4). The subject property is the current site of a vacant fast food restaurant. It is bounded to the west by a second vacant fast food restaurant, to the east by a Commercial use (Red Lobster), to the north by Light Industrial uses, and to the south —across Golden Valley Road —by Commercial uses. Summary of Proposal The applicant will be constructing a five-story senior building with one level of underground parking on site. The office component is proposed to occupy roughly 4,900 square feet on the first floor of the building and would be utilized by the building's owner to manage this and other properties owned by The Schuett Companies. As required by the City's zoning code, the office would be located on the ground floor and would have its own, separate, entrance which would provide direct access to Golden Valley Road. Under the City's off-street parking requirements, at 0.5 to 1 parking space per unit, 96 units of senior housing require between 48 and 96 parking spaces. At 1 parking space per 250 gross square feet of office space, 4,900 square feet of office require 20 parking spaces. Between 68 and 116 total parking spaces are required; 68 parking spaces—the minimum amount allowed for consideration—are proposed. A neighborhood meeting was held on July 20; there were no attendees. Evaluation The findings and recommendations for a Conditional Use Permit are based upon any or all of the following factors: 1. Demonstrated Need for the Proposed Use:The applicant has indicated that the market in Golden Valley would be supportive of the type of senior housing being proposed for this location. In addition, the opportunity to collocate the professional offices within the building would generate efficiencies for the management of this project. 2. Consistency with the Comprehensive Plan: With the recent redesignation of the property to High Density Residential, the proposed residential use with a secondary office use is consistent with the General Land Use Plan Map. 3. Effect on Property Values: Staff anticipates the new use would improve property values as it would replace a vacant fast food restaurant. 4. Effect on Traffic: The number of trips associated with the proposed use is a reduction compared to the previous use, so staff does not expect any negative traffic impacts to the surrounding areas. 5. Effect of Increases in Population and Density: Between the residential and office uses, the proposal will increase the population at the location as compared to the previous use. This is not expected to have a negative impact 6. Increase in Noise Levels: The proposed use is not anticipated to cause an increase in noise levels. 7. Impact of Dust, Odor, or Vibration: The proposed use is not anticipated to cause an increase in dust, odor, or vibrations. 8. Impact of Pests: The proposed use is not anticipated to attract pests. 9. Visual Impact: The construction of a new five-story building would be a visual improvement over the existing vacant fast food restaurant. However, the increase in size of the structure will be a change in the scale of development on the property. It will not, however, be out of line with other development taking place along Golden Valley Road. 10. Other Impacts to the City and Residents: Staff does not anticipate any other negative effects of the proposed use. Recommended Action Staff recommends approval of Conditional Use Permit 139 allowing for a professional office within a principal structure containing 20 or more units at 9000 Golden Valley Road. The approval of a Conditional Use Permit is subject to the following conditions: 1. The plans prepared by kaas wilson architects, received on June 26 and July 15, 2015, shall become a part of this approval. 2. The comments in the memo from the Engineering Division dated July 14, 2015, shall become part of this approval. 3. The recommendations and requirements outlined in the memo from the Fire Department dated July 21, 2015, shall become part of this approval. 4. A sidewalk shall be constructed along the east side of the access drive in order to connect the two building entrances with the proposed sidewalk along Golden Valley Road. 5. All signage must meet the requirements of the City's Sign Code (Section 4.20). 6. 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) Applicant's Narrative (2 pages) Memo from the Engineering Division dated July 14, 2015 (3 pages) Memo from the Fire Department dated July 21, 2015 (1 page) Plans prepared by kaas wilson architects, received on June 26 and July 15, 2015 (6 pages) / p �... `. i�� fig= i vallcy Public Works Department 763-593-8030/763-593-3988(fax) Date: July 14, 2015 To: Jason Zimmerman, Planning Manager From: Jeff Oliver, PE, City Engineer Eric Eckman, Public Works Specialist Subject: Plan Review- C.U.P. - 9000 Golden Valley Road Engineering staff has reviewed the plans, titled Golden Valley Road Senior Living, for a Conditional Use Permit (CUP) application located at 9000 Golden Valley Road. The comments contained in this review are based on plans submitted to the City on June 26, 2015. Engineering comments are as follows: 1. A City Stormwater Management permit application will need to be submitted along with a plan that meets City standards. There are a few areas onsite where staff has concerns about the proposed drainage plan (northeast corner of site, underground parking entrance, rain garden area, etc). Staff will discuss these concerns with the Developer and require that they be addressed and shown on the plans before the time of permitting. 2. Based upon the amount of disturbed area proposed, the Bassett Creek Watershed Management Commission (BCWMC) will need to review your plans for erosion control. Any comments from BCWMC will need to be addressed before a City Stormwater permit can be issued. 3. A maintenance agreement between the City and Developer will be required to ensure the Developer or future owner maintains the rain garden consistent with City and BCWMC requirements. 4. An MPCA Construction Stormwater permit must be obtained and a copy submitted to Engineering before the City can issue permits to begin work. 5. A City Right-of-Way Management permit is required for all excavations and obstructions within public streets, rights-of-way, and easements. This permit is required for all curb, driveway, and utility installations and removals. Golden Valley Road was overlaid in 2012 and therefore, according to City standards, an increased level of restoration is required for this roadway. Staff will work with the Developer on the details of the restoration effort as part of the permit process. 6. Demolition and utility permits will also be needed for the removal of existing structures, pavements, utilities, and other existing improvements on the site. 7. A City Tree Preservation permit will be required for the tree protection measures and the trees and landscaping proposed as part of the project. The landscaping plan must meet the City's policy on landscape standards which can be provided by staff if necessary. The City Forester will review the plans in more detail at the time of permit application. 8. The Developer must provide a cost estimate to furnish and install all proposed landscape plant material shown in the approved plans. This estimate will be used to calculate the financial security required to ensure the landscaping survives a two year warranty period. A landscape deposit agreement will be drafted by the City and must be signed by the Owner. 9. This property is located within the Highway 55 West Redevelopment Area. The City is developing plans to construct public improvements within this area, including public sidewalks adjacent to this property. The plans submitted by the Developer show a proposed future sidewalk by the City along Golden Valley Road, located approximately one foot off the property line, which staff finds to be acceptable at this time. Special assessments may be considered as part of the financing for the public improvements. The City will discuss this in more detail with the Developer as information becomes available. The Developer must agree to waive its right to appeal any special assessments, consistent with state statute. 10. New driveways must be constructed per the City's standard for commercial driveway aprons. Curb tapers for pedestrian ramps must be included in the driveway design and the locations approved by the City in the field, to facilitate the future construction of pedestrian facilities by the City. 11. Utility plan is subject to the review of the City's Inspection Services department, Fire Chief, Public Works Maintenance department, Minnesota Department of Labor and Industry and other governmental entities. Specific utility issues will be addressed at the time of permitting. 12. The property is not compliant with the City's sanitary sewer inflow and infiltration ordinance. The Developer has applied for an inspection and the results are forthcoming. If the sewer is in need of repairs or removal and replacement, the Developer must enter into a deposit agreement with the City and submit a financial security as a guarantee that the sewer work will be completed in a timely fashion. Compliance with the 1/1 ordinance must be achieved before occupancy of the building. 13. If kitchen facilities are proposed, a sanitary sewer grease trap or interceptor must be constructed, consistent with City code. 14. Must include the City's Standard Details in the civil plan set. 15. As-built survey/record plans meeting City standards and requirements must be completed and provided to the City following completion of project. There may be other Engineering items missing from this preliminary list. Staff will work with the Developer to provide these items or any additional information as soon as it becomes available. This review is subject to the review and comment of other City staff and other agencies. C: Tom Burt, City Manager Marc Nevinski, Physical Development Director John Crelly, Fire Chief Jerry Frevel, Building Official Emily Goellner, Associate Planner/Grant Writer Bert Tracy, Public Works Maintenance Manager Al Lundstrom, Park Maintenance Supervisor RJ Kakach, Engineer Eric Seaburg, Engineer Tom Hoffman, Water Resources Technician 0 1' of o ::'1" val I CN7 Fire Department 763-593-8079 / 763-593-8098 (fax) Date: July 20, 2015 To: Jason Zimmerman, Planning Manager Emily Goellner, Associate Planner Cc: Jeff Oliver, City Engineer From: John Crelly, Fire Chief Subject: CUP— 139, Schuett Companies—9000 Golden Valley Road I have reviewed the conditional use permit information / proposal for Schuett Properties located at 9000 Golden Valley Road. This proposal mixes a multifamily senior rental community with ground level offices. Based on Minnesota State Fire Code (MSFC) and Minnesota State Building Code (SBC) a "B" occupancy (office) and an "R" occupancy (residential) uses can be located in the same building providing that the proper occupancy separations and exit arrangements are provided. These details will be reviewed during the plan review process when the owner seeks a building permit. Based on this fact, I find the conditional use permit to have a mix use of office and residential apartments is acceptable. However, moving forward the owner still needs to address site access concerns that were raised in a meeting and detailed in an e-mail to the design team dated June 18, 2015. The Fire Department has concerns about accessing and egressing from the site with large fire trucks. Also, based on the buildings orientation on the property, code required access to all sides of the building as prescribed in MSFC is not possible. 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City Code Chapter 11 entitled "Land Use Regulations (Zoning)" is amended in Section 11.10, Subd. 2, and Section 11.24, by approving a Conditional Use Permit for a certain tract of land at 9000 Golden Valley Road, thereby allowing a professional office within a principal structure containing 20 or more dwelling units in the High Density (R-4) Residential Zoning District. This Conditional Use Permit is approved based on the findings of the Planning Commission pursuant to City Code Section 11.80, Subd. 2(G), which findings are hereby adopted and incorporated herein as follows: 1. The applicant has indicated that the market in Golden Valley would be supportive of the type of senior housing being proposed for this location. In addition, the opportunity to collocate the professional offices within the building would generate efficiencies for the management of this project. 2. With the recent redesignation of the property to High Density Residential, the proposed residential use with a secondary office use is consistent with the General Land Use Plan Map. 3. The new use would improve property values as it would replace a vacant fast food restaurant. 4. The number of trips associated with the proposed use is a reduction compared to the previous use, therefore no negative traffic impacts to the surrounding areas are expected. 5. Between the residential and office uses, the proposal will increase the population at the location as compared to the previous use. This is not expected to have a negative impact 6. The proposed use is not anticipated to cause an increase in noise levels. 7. The proposed use is not anticipated to cause an increase in dust, odor, or vibrations. 8. The proposed use is not anticipated to attract pests. 9. The construction of a new five-story building would be a visual improvement over the existing vacant fast food restaurant. However, the increase in size of the structure will be a change in the scale of development on the property. It will not, however, be out of line with other development taking place along Golden Valley Road. 10. No other negative effects of the proposed use are anticipated. This Conditional Use Permit 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 kaas wilson architects, received on June 26 and July 15, 2015, shall become a part of this approval. 2. The comments in the memo from the Engineering Division dated July 14, 2015, shall become part of this approval. Ordinance No. 578 - continued 3. The recommendations and requirements outlined in the memo from the Fire Department dated July 21, 2015, shall become part of this approval. 4. A sidewalk shall be constructed along the east side of the access drive in order to connect the two building entrances with the proposed sidewalk along Golden Valley Road. 5. All signage must meet the requirements of the City's Sign Code (Section 4.20). 6. The applicant shall validate that there is adequate space for snow storage on site, or have a plan in place for snow removal. 7. The applicant shall provide historical parking information to staff for evaluation and confirmation that the project fits with the appropriate level of parking. 8. This approval is subject to all other state, federal, and local ordinances, regulations, or laws with authority over this development. Section 2. The tract of land affected by this ordinance is legally described as follows: Lot 2, Block 1, Cooperman Subdivision 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 18th day of August, 2015. /s/Shepard M. Harris Shepard M. Harris, Mayor ATTEST: /s/Kristine A. Luedke Kristine A. Luedke, City Clerk city of vilk olden MEMORANDUM valle11 � �1 Physical Development y Ph Department Y P 763-593-8095/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting August 18, 2015 Agenda Item 6. A. Authorization to Sign Amended PUD Permit - Lupient Infiniti PUD No. 66, Amendment #5 - 7100 Wayzata Boulevard -Jeff Lupient, Applicant Prepared By Melissa Sonnek, Planning Intern Summary Lupient Infiniti has applied to amend its Planned Unit Development (PUD) permit for the purpose of demolishing a building onsite. The demolition will substitute the current existing building with additional parking. The Isuzu building to be demolished is currently 1,935 square feet and is located in the southeast portion of the lot. The proposed additional parking will increase the volume of parking by 26 stalls. New pavement will be laid and stripping will be painted to complete the addition of the parking. No further construction is necessary. PUD No. 66 was first established in April of 1995. It allowed for three auto sales and service buildings. The PUD was first amended in 1996 to allow for the addition of the Infiniti component as well as exterior repairs to the existing buildings. In 2003, a second amendment to the PUD was approved to allow for an addition to the Infiniti building. A third amendment was granted in 2007 to allow a barbershop to operate onsite. A fourth amendment was granted in 2012 to allow for an expansion of a show room and the creation of a car wash on the north end of the building. PUD amendments are required whenever a change is made to a site plan within a PUD. Staff believes that the proposed amendment should be considered as a minor amendment to the PUD. In order to qualify as a minor amendment, the PUD ordinance states that the proposed amendment shall not: 1. Eliminate, diminish, or be disruptive to the preservation and protection of sensitive site features. 2. Eliminate, diminish, or compromise the high quality of site planning, design, landscaping or building materials. 3. Alter significantly the location of buildings, parking areas, or roads. 4. Increase or decrease the number of residential dwelling units by more than five percent. 5. Increase the gross floor area of non-residential buildings by more than three percent or increase the gross floor area of any individual building by more than five percent. 6. Increase the number of stories of any building. 7. Decrease the amount of open space by more than three percent or alter it in such a way as to change its original design or intended function or use. 8. Create non-compliance with any special condition attached to the approval of the Final PUD Plan. If the City Council agrees that this amendment qualifies as a minor amendment, the Council has the right to approve the amendment by a simple majority vote without a public hearing or to refer to matter to the Planning Commission for their input and recommendation. Neither the Fire Department nor the Engineering Division have expressed concerns regarding this proposal. Attachments • Location Map (1 page) • Amended PUD Permit (4 pages) • Demolition Site Plan (1 page) • Proposed Site Plan (1 page) Recommended Action Motion to authorize the Mayor and City Manager to sign the amended PUD Permit for Lupient Infiniti PUD No. 66, Amendment No. 5. 460 ` 440 420 421 480 7400 Quebec Ave 5 • soi 500-1 00 Soy 421 West Ring Pond East Rim I 7100 `-521 'I 520 f $4 0 Laurel Ave 675 700 F742 V) • t� > 70 5710 170 750 • R 750 �5 Subject Property 850 c 701 • 840 iL s5s • Market 900 • 904 • 1000 7400 901 # • • 1040 7100;. 76.50 7610 • 7300 21 # 7000 6 • • v1r 7550 •r 7:00 7100 7600 1100 Wayzata Interstate Hwy 394 IIN11�N����N�N����N�W�Y�i�wq�11��M•N��I�N�NN1��N�M����ii�iii�lNf ��N�uMrN�NwN�n�w{n sn�u�ww�N WAYZATA BLVD W Q Z Q - 13 T LA ST. LOUIS PARK Jim Lupient Oldsmobile PUD 66 Amendment No. 4 5 Original PUD Approval: April 18, 1995 Amendment #1 City Council Approval: April 2, 1996 Amendment #2 City Council Approval: October 7, 2003 Amendment #3 City Council Approval: February 20, 2007 Amendment #4 City Council Approval: February 21, 2012 Amendment #5 City Council Approval: August 18, 2015 City of Golden Valley, Minnesota Use Permit for Planned Unit Development Project Name: Jim Lupient Oldsmobile - JLO Addition, PUD 66 Amendment No. 4 5 Location: 7100 Wayzata Blvd. - Located north of Interstate 394 and west of Louisiana Ave. Legal Description: Lot 1, Block 1, Jim Lupient Oldsmobile Addition PUD No. 66 Applicant: Lupient Automotive Group Address: 7100 Wayzata Boulevard, Golden Valley, MN 55426 Owner: Jim Lupient Oldsmobile Company Address: 7100 Wayzata Boulevard, Golden Valley, MN 55426 Zoning District: 1-394 Mixed Use Permitted Uses: The PUD Permit allows t#Fee two auto dealership buildings with auto service and outside display of vehicles on one lot and an 8 ft. x 16 ft. barber shop. Amendment #4 allows for the expansion of the showroom and entry and the addition a car wash on the north end of the building. Amendment#5 allows for the removal of the existing Isuzu used car building. Components: A. Land Use Component: 1. Land uses permitted within P.U.D. No. 66 shall be as indicated on the approved site plan prepared by RLK and dated 9/10/03, the site plans prepared by NAI Architects dated 1/26/07, and the site plans prepared by NAI Architects dated 9/22/11, and the site plans prepared by NAI Architects dated 7/14/15, which are attached to the PUD permit by reference. B. Construction: 1. Proof of recording for the plat must be provided to the City before any construction permits are issued. 2. An as-built survey shall be completed for the structure as soon as the foundation is substantially in place. If there is an incomplete match between lot lines and unit walls, the developer shall either relocate the foundation or request City approval of a PUD amendment to replat the affected lot. No certificate of occupancy will be issued for a building that fails to align with an underlying lot boundary. 3. Except as otherwise specified in the conditions of General Plan approval, all phases of site development shall be subject to the standards, approvals, fees, and other requirements that would arise in connection with a similar project outside of a PUD. 4. The building shall be constructed as per the floor and elevation plans prepared by RLK and dated 9/10/03, which are attached to the PUD permit by reference. The building plans shall be reviewed by the Building Board of Review prior to issuance of any building permits. 5. The developer shall comply with all instructions outlined in the recommendations of Ed Anderson, Deputy Fire Marshal, in the Inspections Department's General Plan of Development review memos dated July 22, 2003, and September 27, 2011. 6. All signs must meet the requirements of the City's sign ordinance prior to the construction of the Infiniti building. 7. There shall be no outside signage or display for the barber shop. 8. There shall be no signs on any vehicle on display other than the sign required by state law. No signs shall be painted on the window or surface of any vehicle. No balloons or other inflatable shall be attached to vehicles or buildings. 9. All outside storage and garbage dumpsters shall be properly screened. 10. The landscaping plans prepared by RLK and dated 10/08/03 shall be made a part of the approved PUD permit, subject to final review and approval by the City's Building Board of Review. If the Building Board of Review requires additional changes to the landscaping plan beyond those indicated here, such changes shall also be made part of the approved permit in narrative form or via an amended plan sheet signed and dated by the City's Chief Building Official. The developer shall provide a landscaping performance bond in the amount and for the period of time established by the Building Board of Review. 11. The landscaping plans prepared by NAI and dated 11/01/11 shall be made a part of the approved PUD permit for Amendment #4. 12. There shall be no exterior public address system for any uses on the site. 13. The lighting in the main parking lot areas shall conform to the requirements of the City's Inspection Department, Lighting shall be deflected away from residential areas and be turned down to security level lighting between the hours of 10 pm and 6 am. 14. The approximately 8 ft. by 16 ft. barber shop shown on the attached Lupient Auto Mall Plans prepared by NAI Architects and dated 1/26/07 shall become a part of this approval. This barber shop may be relocated to another location within the south 96 ft. of the building as long as all necessary City and State permits are obtained and the space is approximately the same size. (The south 96 ft. of the building is the office/indoor vehicle display area and not the service portion of the building.) No more than one barber or employee shall work in this shop. C. Utilities and Grading: 1. Before any grading or utility permits are issued, the developer shall provide the City with acceptable plans, information, and other submittals as identified in all points of the "Utilities" and "Grading and Erosion Control" sections of the Engineering Department's General Plan of Development review memo dated September 29, 2003 and attached to the PUD permit by reference. 2. During and after construction, the developer shall comply with all instructions outlined in the "Utilities" and "Grading and Erosion Control" sections of the Engineering Department's General Plan of Development review memo dated September 29, 2003 D. Circulation Component: 1. If the property north of the Benihana Restaurant is no longer available for employee parking, the number of display or inventory parking shall be reduced to provide for adequate employee parking on-site. All parking (display, customer, inventory and employee) shall be in designated spaces as shown on the attached site plan prepared by RLK and dated 9/10/03. 2. Cars shall be parked on paved surfaces only, not in landscaped setback areas. E. Services and Facilities: 1. The hours of operation shall be from 7 am to 10 pm, Monday through Thursday, 7 am to 6 pm on Friday and 8 am to 6 pm on Saturday. 3. The hours of operation of the barber shop shall be 9 am to 7 pm on the days that the dealership is open. 3. Any changes to the drainage plan shall be approved by the Bassett Creek Water Management Commission prior to issuance of any building permits. 4. All applicable local, state and federal requirements shall be met. 5. The Board of Barbers and Cosmetologists Examiners shall issue the necessary license for the operation. 6. All necessary building permits required by the City of Golden Valley shall be applied for and issued prior to operation of the barber shop. It is hereby understood and agreed that this Use Permit is a part of the City Council approval granted on October 7, 2003, February 20, 2007 afvd-February 21, 2012, and Auqust 18, 2015. Any changes to the P.U.D. Permit for JLO Addition, PUD 66 shall require an amendment. LUPIENT AUTOMOTIVE GROUP Witness: By: Title: Date: CITY OF GOLDEN VALLEY Witness: By: Shepard M. Harris, Mayor Date: Witness: By: Thomas D. Burt, City Manager Date: Warning: This permit does not exempt you from all other City Code provisions, regulations and ordinances. Q) N Co L_ SIDa -LIHD ?JV d LO c �LO N `° o // ♦� w A� p co Z � aZ $ � � � ~ Z O ' O ? �� �Yg N O O c � �o O Ooaga zo € g o L8 o O 3 Onx! a _ o o a o a -I C7 OI J C9 I�C7 lk9Z,09.40S n e gg L£16 ti1„L1,6£.80S _ � N F . � s W W — � g:ig00 � # � TT—I W III11 # o 0. W M d # # O O 1 # Oco O O d _ Z a ®3RaaR w® J CL g W N I Q o I o W J tO ah Q W # v I LLJ EM •�o � � rl # o e v \ w Z N r # O O N pj �N rr Z Q�aaaaa Ei� se WWF_ �4�f W i�66 I w w AA s Wc N lJ "Cl � Q 1 W LU, . Z W J 3 # w 0 I 00o 00 N M� 00 01 N ff� Z S1^ #o I 5 I Q 'a' N T � �1J O 4 (S'N N �r v LD N � I L6'£OZ Fnric .........re«J- N m LO N O N N a U) O S1D311HD8V $gy m fill L = �LO CN o o y� m2 8-oe m V 2 a2 W W O w� ^^§§" a �s x e d NQI � O Opz o O O ~ 'g�2co 7E E a N 0 W Ot c CLa zo �dH y o" a Jt� U' OJ £Z'6SZ 6- M„9Z,oS.t os E — M,.Ll,6£.80S cli WW J Frl 8 - :Q s W W l ® # 0 J co vJ O Q `o w 00 # orn z No / ��ss^ �_ x 7 �JJ” a W I N W N O ah Oce W J S u # a u O Cj � E1 d N d u �� r o � w u Q 4 L.IS \ V w # 00 a� z 3 ® $ES Ile A66 N 'o N O, 00 M Wo Ol ILL' I z 1 Z # J 3 # W 0 I �n �o c N M N 00 10 15 0)N I Z I a N T U o vi yna a � � # 3„L4,6£.00N 3„9£,6£.00N Cit 10 �. golden MEMORANDUM valley Administrative Services Department 763-593-8013/763-593-3969(fax) Executive Summary For Action Golden Valley City Council Meeting August 18, 2015 Agenda Item 6. B. Authorize Interfund Loan from Capital Improvement Fund to Water and Sewer Fund for 36- Inch Pipe Reconstruction Prepared By Sue Virnig, Finance Director Summary The following resolution will set up an interfund loan from the Capital Improvement Fund to the Water and Sewer Fund. The original monies from the Capital Improvement fund came from the distribution of the Golden Hills Tax Increment District decertification. This loan will primarily pay for the costs of the repair to the 36 inch pipe that is needed to distribute water to the Cities of Golden Valley, Crystal and New Hope through the Joint Water Commission. This loan is a ten year loan at 2.6% interest. Rates will increase by 30 cents per 1000 gallons to help pay for the loan. The rate increase will take effect for those billings after October 1, 2015. Attachments • Resolution Authorizing Interfund Loan from Capital Improvement Fund to Water and Sewer Fund for 36-Inch Pipe Reconstruction (2 pages) Recommended Action Motion to adopt Resolution Authorizing Interfund Loan from Capital Improvement Fund to Water and Sewer Fund for 36-Inch Pipe Reconstruction. Resolution 15-70 August 18, 2015 RESOLUTION AUTHORIZING INTERFUND LOAN FROM CAPITAL IMPROVEMENT FUND TO WATER AND SEWER FUND FOR 36-INCH PIPE RECONSTRUCTION WHEREAS, the City of Golden Valley is a member of a joint powers entity called the Golden Valley-Crystal-New Hope Joint Water Commission (JWC), initiated in 1963; and WHEREAS, the City Council attended tri-City meetings on March 31, 2015 work sessions and approved Resolution 15-31 in support of making the improvements; and WHEREAS, financing of the rehabilitation of a 36-inch Pipe along County Road 9 will be made by the Water and Sewer Fund with an interfund loan from the Capital Improvement Fund; and WHEREAS, a rate increase of 30 cents per thousand gallons of water will be added to the current rate and used to help fund the loan; and WHEREAS, the 36 inch pipe rehabilitation will be funded by the cities of Golden Valley, Crystal and New Hope serving as the Joint Water Commission; and WHEREAS, the City Council of Golden Valley has approved the loan for improvements in section 1. NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Golden Valley, as follows: 1. The Capital Improvement Fund shall receive payments with 2.6% interest from the Water and Sewer Utility Fund. The payments are due by October 31 in each year below: Date Principal Interest Total 10/31/2016 $180,000 46,800 226,800 10/31/2017 180,000 42,120 222,120 10/31/2018 180,000 37,440 217,440 10/31/2019 180,000 32,760 212,760 10/31/2020 180,000 28,080 208,080 10/31/2021 180,000 23,400 203,400 10/31/2022 180,000 18,720 198,720 10/31/2023 180,000 14,040 194,040 10/31/2024 180,000 9,360 189,360 10/31/2025 180,000 4,680 184,680 TOTAL $1,800,000 $257,400 $2,057,400 Resolution 15-70 - continued 2. The Water and Sewer Fund will be responsible to make payment for their share of Improvements to the 36-inch pipe to the Golden Valley-Crystal-New Hope Joint Water Commission from the loan from the Capital Improvement Fund. Shepard M. Harris, Mayor ATTEST: Kristine A Luedke, 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. Cit 0golde ,ValleY� MEMORANDUM Administrative Services Department 763-593-8013/763-593-3969(fax) Executive Summary For Action Golden Valley City Council Meeting August 18, 2015 Agenda Item 6. C. First Consideration -Amendment to the 2015 Master Fee Schedule for Increase in Water Rates starting October 1, 2015 Prepared By Sue Virnig, Finance Director Summary First consideration of the Ordinance will provide an amendment to the 2015 Master Fee Schedule to increase water rates by 30 cents per 1000 gallons for those billings after October 1, 2015. The revenue from this rate increase will pay for the repair to the 36 inch pipe reconstruction for the Golden Valley-Crystal- New Hope Joint Water Commission. Attachments • Master Fee Schedule for Water Rates starting October 1, 2015 (1 page) • Ordinance #579, Amendments to the 2015 Master Fee Schedule for Water Rates (1 page) Recommended Action Motion to adopt first consideration, Ordinance #579, amending the 2015 Master Fee Schedule for Water Rates starting October 1, 2015. City of Golden Valley 2015 Adopted Master Fee Schedule-Exhibit A 2015 Adopted 2015 Adopted Current Fee New Fee Utility Billing Rates-Effective October 1,2015 Residential Utility Rates-quarterly billing Water Above 1,000 gallons of flow per quarter up to 79,000(per 1,000 gallons) 5.00 5.30 80,000 gallons and over of flow per quarter(per 1,000 gallons) 5.03 5.33 Irrigation Accounts(All)-Monthly Billing Minimum fee, includes up to 1,000 gallons of flow 9.00 9.00 Above 1,000 gallons of flow per month (per 1,000 gallons) 5.00 5.30 Commercial&Industrial Monthly Billing Water Usage: Water rate above 1,000 gallons 5.00 5.30 1 ORDINANCE NO. 579, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Amending the 2015 Master Fee Schedule for Water Rates The City Council for the City of Golden Valley hereby ordains: Section 1. The Master Fee Schedule in Chapter 25 for Water Rates of the City Code is hereby amended as the City's Utility Billing Rates effective October 1, 2015, as follows.. Residential Utility Rates - Quarterly Billing - Water Fees Above 1 ,000 gallons of flow per quarter up to 79,000 (per 1 ,000 gallons) 5.30 80,000 gallons and over of flow per quarter (per 1 ,000 gallons) 5.33 Irrigation Accounts (All) - Monthly Billing Minimum fee, includes up to 1 ,000 gallons of flow 9.00 Above 1 ,000 gallons of flow per month (per 1 ,000 gallons) 5.30 Commercial & Industry Monthly Billing - Water Usage Water rate above 1 ,000 gallons 5.30 Section 2. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" is hereby adopted in its entirety, by reference, as though repeated verbatim herein. Section 3. This ordinance shall take effect from and after its passage and publication as required by law. Adopted by the City Council this 18th day of August, 2015. /s/Shepard M. Harris Shepard M. Harris, Mayor ATTEST: /s/Kristine A. Luedke Kristine A. Luedke, City Clerk city 0w,' golden!4., 4M EM0RANDUlPhysical Development Department 763-593-8095 /763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting August 18, 2015 Agenda Item 6. D. METRO Blue Line Extension Update Prepared By Jason Zimmerman, Planning Manager Project Summary A concept plan for a park and ride facility on the "triangle" property located at the intersection of Golden Valley Road and Theodore Wirth Parkway was shared with the City Council at the Council/Manager meeting on August 11. The same concept plan was shared with the Minneapolis Park and Recreation Board on August 5. The Project Office will continue to study this option to determine if it may be a viable solution to the City's parking concerns. Overall, the Project Office is continuing to work to have remaining issues resolved - including the relocation of transmission lines in the corridor, the placement of power sub stations, agreements with BNSF regarding freight rail, among others - at the September or October Corridor Management Committee meetings. A tentative date of December 10, 2015, has been identified for the delivery of the Municipal Consent package to each of the five cities along the light rail route. A joint open house/public hearing by the Met Council and the Hennepin County Regional Rail Authority is tentatively scheduled for January 28, 2016. Each city along the line would be required to hold a public hearing and vote on Municipal Consent within 45 days so that the process is completed by March 14, 2016. The Final Environmental Impact Statement will not be published until August of 2016. As outstanding environmental questions and concerns are critical to the City Council's Municipal Consent decision, staff is pushing to have various technical reports authored by the Project Office environmental review team made public later this fall. Recommended Action Receive and file METRO Blue Line Extension Update.