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09-16-15 CC Agenda Packet (entire) AGENDA Regular Meeting of the City Council Golden Valley City Hall 7800 Golden Valley Road Council Chamber September 16, 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 2. ADDITIONS AND CORRECTIONS TO AGENDA 3. CONSENT AGENDA Approval of Consent Agenda - All items listed under this heading are considered to be routine by the City Council and will be enacted by one motion. There will be no discussion of these items unless a Council Member or citizen so requests in which event the item will be removed from the general order of business and considered in its normal sequence on the agenda. A. Approval of Minutes - City Council Meeting September 1, 2015 3-6 B. Approval of Check Register 1. City 7 2. Housing and Redevelopment Authority 8 C. Licenses: 1. Gambling License Exemption and Waiver of Notice Requirement - North Star 9-11 Chapter Rocky Mountain Elk Foundation D. Minutes of Boards and Commissions: 1. Environmental Commission - July 27, 2015 12-13 2. Joint Open Space and Recreation Commission and Environmental Commission - 14-15 June 22, 2015 E. Bids and Quotes: 1. Purchase and Installation of Sun/Storm Shelter at Sandburg Athletic Facility 16-17 F. Approval of Plat - Globus Golden Valley Addition PUD No. 112 and Authorization to 18-35 Sign PUD Permit and PUD Development Agreement (The Three•Nine•Four Apartments)15-73 G. Appointment of City Manager to Joint Water Commission 15-74 36-37 H. Approve Requests for Beer and/or Wine at Brookview Park 38-39 4. PUBLIC HEARINGS 7 PM 5. OLD BUSINESS 6. NEW BUSINESS A. First Consideration - Ordinance #580 - Amendment to Chapter 4 regarding Building 40-43 Code Regulations 6. NEW BUSINESS - Continued B. METRO Blue Line Update 44 C. Announcements of Meetings D. Mayor and Council Communications 7. ADJOURNMENT city o UNOFFICIAL MINUTES ole CITY COUNCIL MEETING ,r �l, GOLDEN VALLEY, MINNESOTA September 1, 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: Assistant City Manager Knauss, City Attorney Barnard and City Clerk Luedke. 1B. Pledge of Allegiance 2. ADDITIONS AND CORRECTIONS TO AGENDA MOTION made by Council Member Snope, seconded by Council Member Clausen to approve the agenda of September 1, 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 September 1, 2015, as revised: removal of 3C2-Receive and file gambling license exemption and approve the waiver for Providence Academy and the motion carried. 3A1. Approve Minutes of the Council/Manager Meeting of August 11 , 2015 3A2. Approve Minutes of the City Council Meeting of August 18, 2015 3B. Approve City Check Register and authorize the payments of the bills as submitted. 3C1. Receive and file the gambling license exemption and approve the waiver of notice requirement for Community of Recovering People d/b/a The Retreat. 3C2. Receive and file the gambling license exemption and approve the waiver of notice requirement for Providence Academy. 3D. Accept for filing the Minutes of Boards and Commissions as follows: 1 . Planning Commission - July 27, 2015 2. Board of Zoning Appeals - July 28, 2015 3. Human Rights Commission - June 28, 2015 3E. Authorize the Cooperative Agreement for the Honeywell Pond Expansion Project between the Bassett Creek Watershed Management Commission and the City of Golden Valley. 3F. Set the date of the Truth-in-Taxation Public Hearing for Tuesday, December 1, 2015, at 7 pm. 3G. Adopt second consideration, Ordinance #579, amending the 2015 Master Fee Schedule for Water Rates starting October 1 , 2015. 3H. Call for a Public Hearing for Certification of Special Assessments for Tuesday, October 6, 2015, at 7 pm. 3. ITEMS REMOVED FROM THE CONSENT AGENDA 3C2. Receive and File Gambling License Exemption and Approve Waiver of Notice Requirement for Providence Academy. Mayor Harris recused himself from the vote due to possible conflict of interest. Unofficial City Council Minutes -2- September 1, 2015 3C2. Receive and File Gambling License Exemption Providence Academy - continued MOTION made by Council Member Snope, seconded by Council Member Clausen to receive and file the gambling license exemption and approve the waiver of the notice requirement for Providence Academy upon a vote being taken the following voted in favor of: Snope, Clausen, Fonnest and Schmidgall and the following voted against: none and the following abstained: Harris and the motion carried. 4A. Public Hearing - Adopting Redevelopment Plan for Winnetka & Medicine Lake Road Redevelopment Project Area, establishing TIF District, Liberty Crossing, and adopting the Tax Increment Financing Plan Physical Development Director Nevinski presented the staff report and answered questions from Council. Mayor Harris opened the public hearing. No one came forward. Mayor Harris closed the public hearing. There was Council discussion regarding adopting the Redevelopment and Tax Increment Financing plan for the Winnetka and Medicine Lake Project Area. MOTION made by Council Member Fonnest, seconded by Council Member Schmidgall to adopt Resolution 15-71, adopting Redevelopment Plan for Winnetka & Medicine Lake Road Redevelopment Project Area and Establishing TIF District, Liberty Crossing, within the Winnetka & Medicine Lake Road Redevelopment Project Area and Adopting a Tax Increment Financing Plan upon a vote being taken the following voted in favor: Fonnest, Harris, Schmidgall and Snope; and the following voted against: Clausen, and the motion carried. 4B. Public Hearing - Adopting Modification to Redevelopment Plan for Highway 55 West Redevelopment Project Area, establishing Tax Increment Financing District, Cornerstone Creek, and adopting the Tax Increment Financing Plan Physical Development Director Nevinski presented the staff report and answered questions from Council. City Attorney Barnard answered questions from Council. Ms. Heidi Rathmann, Community Housing Development Corporation, stated a re-plat of the area needed to be completed so therefore the district will change from two square shaped parcels to more of an L-shape. Mayor Harris opened the public hearing. Mr. Orion Benson, 2123 Tamarin Trail, asked if this development was planned for the old Wendy's and KFC site. He also commented on a section of Winnetka Avenue and asked why it had not been considered for redevelopment yet. Mayor Harris closed the public hearing. MOTION made by Council Member Snope, seconded by Council Member Clausen to adopt Resolution 15-72, approving Tax Increment Financing District (Housing), Cornerstone Creek and the Tax Increment Financing Plan therefor upon a vote being taken the following voted in favor: Clausen, Fonnest, Harris, Schmidgall and Snope; and the following voted against: none and the motion carried. Unofficial City Council Minutes -3- September 1, 2015 6. NEW BUSINESS 6A. Resolution Adopting Proposed 2016 Budget and Proposed Tax Levies Payable in 2016 Finance Director Virnig presented the staff report and answered questions from Council. There was Council discussion regarding the proposed 2016 Budget and proposed Tax Levies in 2016. MOTION made by Council Member Snope, seconded by Council Member Clausen to adopt Resolution 15-73, Proposed 2016 Budget and Proposed Tax Levies Payable in 2016 upon a vote being taken the following voted in favor of: Schmidgall, Snope, Clausen and Fonnest and the following voted against: Harris and the motion carried. 6B. Announcement of Meetings Some Council Members may attend the Brookview Pub Bowl - Lawn Bowling Tournament on September 4 through 6, 2015, at Brookview Golf Course. Some Council Members may attend the Market in the Valley Farmer's Market on September 6 and 13, 2015, from 9 am to 1 pm in the City Hall Campus Parking Lot. City Offices will be closed on September 7, 2015, in observance of Labor Day. A Council Quarterly Review Session will be held on September 8, 2015, at 5:30 pm in the Council Conference Room. The next Council/Manager meeting will be held on September 8, 2015, at 6:30 pm. Some Council Members may attend the HRC: National Day of Service and Remembrance on September 10, 2015, from 6 to 8 pm at the Second Harvest Heartland West. Open for Business will have office hours at the City of Golden Valley on September 11 , 2015, from 9 to 11 am in the Council Conference Room. Some Council Members may attend the PRISM's Putting Edge Benefit Event on September 15, 2015, from 12:30 to 8:30 pm at Brookview Golf Course. A Special Housing and Redevelopment Authority Meeting will be held on Wednesday, September 16, 2015, at 5:45 pm in the Council Chambers. The next Council Meeting will be held on Wednesday, September 16, 2015, at 6:30 pm. Some Council Members may attend the Golden Valley Arts & Music Festival on September 26, 2015, on the City Hall Campus. 6C. Mayor and Council Communication Council announced that the new City Manager, Tim Cruikshank, will be in attendance at the next City Council meeting, because he will start with the City on Wednesday, September 9. Unofficial City Council Minutes -4- September 1, 2015 6C. Mayor and Council Communication - continued Council thanked the Physical Development Department for their follow up with MnDOT in response to the letter the City sent regarding the Winnetka and Highway 55 traffic flow issues. Physical Development Director Nevinski updated Council on what will be discussed at the follow up meeting in September. 7. ADJOURMENT MOTION made by Council Member Schmidgall, seconded by Council Member Clausen and the motion carried to adjourn the meeting at 8:03 pm. Shepard M. Harris, Mayor ATTEST: Kristine A. Luedke, City Clerk city of golden11 MEMOR UM valley Services Department ment 763-593-8013/763-593-3969 (fax) Executive Summary For Action Golden Valley City Council Meeting September 16, 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. city of i golden11 MEMORANDUM ValleyAdministrative Services Department 763-593-8013/763-593-3969(fax) Executive Summary For Action Golden Valley City Council Meeting September 16, 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. city of rF golden11 MEMORANDUvaa City Administration Council 763-593-3991 /763-593-8109 (fax) Stift 4tIthtt..xv,tetraWinertaramsaffikA Executive Summary For Action Golden Valley City Council Meeting September 16, 2015 Agenda Item 3. C. 1. Gambling License Exemption and Waiver of Notice Requirement - North Star Chapter Rocky Mountain Elk Foundation Prepared By Judy Nally, Administrative Assistant Summary As per State Statute organizations that conduct gambling within the City limits have to submit an application for a lawful gambling permit to the State after the permit has been approved or denied by the City. Depending upon the timing of the permit the applicants may request the City to waive the 30-day waiting period. Attachments • Application for Exempt Permit (2 pages) Recommended Action Motion to receive and file the gambling license exemption and approve the waiver of notice requirement for the North Star Chapter Rocky Mountain Elk Foundation. MINNESOTA LAWFUL GAMBLING 5/15 LG220 Application for Exempt Permit Page 1 of 2 An exempt permit may be issued to a nonprofit Application Fee (non-refundable) organization that: Applications are processed in the order received. If the application • conducts lawful gambling on five or fewer days,and is postmarked or received 30 days or more before the event, the • awards less than$50,000 in prizes during a calendar application fee is$100; otherwise the fee is$150. year. If total raffle prize value for the calendar year will be Due to the high volume of exempt applications, payment of $1,500 or less, contact the Licensing Specialist assigned to additional fees prior to 30 days before your event will not expedite your county by calling 651-539-1900. service, nor are telephone requests for expedited service accepted. ORGANIZATION INFORMATION Organization Previous Gambling Name: North Star Chapter Rocky Mountain Elk Foundation Permit Number: 03657 Minnesota Tax ID Federal Employer ID Number, if any: Number(FEIN), if any: 81-0421425 Mailing Address: 6444 Westchester Circle City: Golden Valley State: MN Zip: 55427 County: Hennepin Name of Chief Executive Officer(CEO): Kevin Cook Daytime Phone: 612-756-0860 Email: Kdtcook414@gmail.com NONPROFIT STATUS Type of Nonprofit Organization (check one): Fraternal Religious Veterans ✓ Other Nonprofit Organization Attach a copy of one of the following showing proof of nonprofit status: (DO NOT attach a sales tax exempt status or federal employer ID number, as they are not proof of nonprofit status.) A current calendar year Certificate of Good Standing Don't have a copy? Obtain this certificate from: MN Secretary of State, Business Services Division Secretary of State website, phone numbers: 60 Empire Drive,Suite 100 www.sos.state.mn.us St. Paul, MN 55103 651-296-2803, or toll free 1-877-551-6767 1 IRS income tax exemption(501(c))letter in your organization's name Don't have a copy? To obtain a copy of your federal income tax exempt letter, have an organization officer contact the IRS toll free at 1-877-829-5500. IRS-Affiliate of national, statewide,or international parent nonprofit organization (charter) If your organization falls under a parent organization, attach copies of both of the following: 1. IRS letter showing your parent organization is a nonprofit 501(c)organization with a group ruling, and 2. the charter or letter from your parent organization recognizing your organization as a subordinate. GAMBLING PREMISES INFORMATION Name of premises where the gambling event will be conducted (for raffles, list the site where the drawing will take place): Chester Bird American Legion Address (do not use P.O.box): 200 N Lilac Drive City or Township: Golden Valley Zip: 55427 County: Hennepin Date(s) of activity (for raffles, indicate the date of the drawing): 9/17/2015 Check each type of gambling activity that your organization will conduct: J]Bingo* Paddlewheels* Pull-Tabs* Tipboards* 1 Raffle (total value of raffle prizes awarded for the calendar year: $3500 ) * Gambling equipment for bingo paper, paddlewheels, pull-tabs, and tipboards must be obtained from a distributor licensed by the Minnesota Gambling Control Board. EXCEPTION: Bingo hard cards and bingo number selection devices may be borrowed from another organization authorized to conduct bingo. To find a licensed distributor, go to www.mn.gov/gcb and click on Distributors under LIST OF LICENSEES,or call 651-539-1900. LG220 Application for Exempt Permit sits Page 2 of 2 LOCAL UNIT OF GOVERNMENT ACKNOWLEDGMENT (required before submitting application to the Minnesota Gambling Control Board) CITY APPROVAL COUNTY APPROVAL for a gambling premises for a gambling premises ./ located within city limits located in a township l/The application is acknowledged with no waiting period. The application is acknowledged with no waiting period. The application is acknowledged with a 30-day waiting The application is acknowledged with a 30-day waiting period, and allows the Board to issue a permit after 30 days period, and allows the Board to issue a permit after (60 days for a 1st class city). 30 days. The application is den'e�d. ,r�J The application is denied. Print City Name: G(�/� V ui ��-e, Print County Name: Si.? ire of Perspnnel: Signature of County Personnel: Title, I 71'7' j-)_ Date: l / Title: Date: TOWNSHIP (if required by the county) On behalf of the township,I acknowledge that the organization is applying for exempted gambling activity within the township The city or county must sign before limits. (A township has no statutory authority to approve or deny an application, per Minn. Statutes, section 349.213.) submitting application to the Gambling Control Board. Print Township Name: Signature of Township Officer: Title: Date: CHIEF EXECUTIVE OFFICER'S SIGNATURE (required) The information provided in this application is complete and accurate to the best of my knowledge. I acknowledge that the financial report will be completed and returned to t e Board wi hin 30 days of the event date. Chief Executive Officer's Signature: - ,p Date: 31 J Print Name: 4/<. ( ature ust O's signature; designee may not sign) 1 �LC} REQUIREMENTS MAIL APPLICATION"AND ATTACHMENTS Complete a separate application for: Mail application with: • all gambling conducted on two or more consecutive days, or a copy of your proof of nonprofit status,and • all gambling conducted on one day. application fee(non-refundable). If the application is Only one application is required if one or more raffle drawings are postmarked or received 30 days or more before the event, conducted on the same day. the application fee is$100; otherwise the fee is$150. Financial report to be completed within 30 days after the Make check payable to State of Minnesota. gambling activity is done: To: Gambling Control Board A financial report form will be mailed with your permit. Complete 1711 West County Road B,Suite 300 South and return the financial report form to the Gambling Control Roseville, MN 55113 Board. Questions? Your organization must keep all exempt records and reports for Call the Licensing Section of the Gambling Control Board at 3-1/2 years (Minn. Statutes,section 349.166,subd. 2(f)). 651-539-1900. Data privacy notice: The information requested application. Your organization's name and ment of Public Safety;Attorney General; on this form(and any attachments)will be used address will be public information when received Commissioners of Administration,Minnesota by the Gambling Control Board(Board)to by the Board. All other information provided will Management&Budget,and Revenue; Legislative determine your organization's qualifications to be private data about your organization until the Auditor,national and international gambling be involved m lawful gambling activities in Board issues the permit. When the Board issues regulatory agencies; anyone pursuant to court Minnesota. Your organization has the right to the permit,all information provided will become order;other individuals and agencies specifically refuse to supply the information; however, if public. If the Board does not issue a permit,all authorized by state or federal law to have access your organization refuses to supply this information provided remains private,with the to the information; individuals and agencies for information,the Board may not be able to exception of your organization's name and which law or legal order authorizes a new use or determine your organization's qualifications and, address which will remain public. Private data sharing of information after this notice was as a consequence,may refuse to issue a permit. about your organization are available to Board given; and anyone with your written consent. If your organization supplies the information members,Board staff whose work requires requested,the Board will be able to process the access to the information; Minnesota's Depart- This form will be made available in alternative format(i.e. large print, braille) upon request. GOLDEN VALLEY ENVIRONMENTAL COMMISSION Regular Meeting Minutes July 27, 2015 Present: Commissioners: Tracy Anderson, Tonia Galonska, Lynn Gitelis, Dawn Hill, Larry Johnson, Jim Stremel, and Debra Yahle; Eric Eckman, Public Works Specialist; and Claire Huisman, Administrative Assistant Absent: Council Member Larry Fonnest Call to Order Gitelis called the meeting to order at 7:00 pm. Approval of Regular & Joint Commission Meeting Minutes — April 27, 2015 and June 22, 2015 MOVED by Stremel, seconded by Hill, and the motion carried unanimously to approve the minutes of the April 27, 2015 regular meeting and June 22, 2015 joint meeting. Composting and Organics Recycling Tim Farnan from MPCA along with John Jaimez and Ben Knutson from Hennepin County gave a presentation on Organic Compost Recycling. They presented information on how Cities can provide Organic Recycling to their residents either as a City wide service or as a Subscription (opt-in) service. There are three different models for ways to collect organic recyclables: 1. Providing separate cart for collection 2. Mixing the organic recyclables in with yard waste 3. Providing compostable bags for the organic recyclables which are then placed in the trash cart. Minneapolis is providing organic compost recycling city wide at a rate of $40/year added to the resident's utility bill. Residents have to sign up and ask for a cart. 30% of the houses currently with curb side recycling have signed up for organic recycling. Minneapolis' service provides a separate cart for organic recyclables. St. Louis Park offers a subscription based program to their residents which also costs $40/year. Their service allows for mixing the organics with the yard waste in the yard waste bin. There is currently 11% resident participation. Smaller organized cities are using a blue bag system. Organic recyclables are put into a blue bag and then thrown into their trash cart to be sorted later at a special facility. Cost can vary, but it is currently around $80/year. Q&A during the meeting: 1. Can a City that has organized recycling pick-up, add organic recycling to their service? At this time, no city has tried this and the law is a bit grey. 2. Has organic recycling worked with apartments, condos and office buildings? Pilot programs done on these types of facilities have seen Minutes of the Environmental Commission July 27, 2015 Page 2 of 2 mixed success, and often there are low participation rates and high percentage of contamination. 3. How many haulers have the capability to offer organic recycling pick-up? Every hauler is capable, but they may not offer that service. 4. Is Brooklyn Park the closest drop site for residents to bring their organic recyclables? Yes. Is the Minneapolis drop site open to residents outside Minneapolis? No, not at this time. 5. Are there plans to build a digester? Hennepin County does not generate enough material so it will not be happening in the near future. 6. If the Metro area did succeed in reaching the goal of 75% rate for recycling, could all of that compost material be used? They felt this could be managed and used in a lot of different areas. There is great success in selling all of the compost that is being made now. The Commission was tasked with identifying and exploring various options for composting and organic recycling to present to the Council. These options should include looking at garbage haulers currently licensed in the City. Options should include the advantages and disadvantages along with cost & benefits for the City to offer organic recycling. Rough draft should be available for review by next month's meeting and final version ready for presentation to the Council by September. The Commission will invite the City's Garden Club to their next meeting to talk about backyard composting. Program/Project Updates The complete program/project summary is on file. Additional discussion included: DeCola Ponds flooding issue — Commissioner Hill expressed her dissatisfaction with the mailer that went out to residents summarizing the information exchanged at the neighborhood meeting. A few members suggested that the City should communicate more information to residents and also acknowledge that some residents are scared or upset. Commission Member Council Reports None Other Business None Adjourn MOVED by Hill, seconded by Anderson, and the motion carried to adjourn the meeting at 9:20pm. Claire Huisman Administrative Assistant GOLDEN VALLEY OPEN SPACE & RECREATION COMMISSION & ENVIRONMENTAL COMMISSION Meeting Minutes June 22, 2015 Call to Order Mattison called the meeting to order at 6:30 pm. Roll Call: Present: Open Space and Recreation Commissioners: Roger Bergman, John Cornelius, Kelly Kuebelbeck, Bob Mattison, Gillian Rosenquist, Anne Saffert, Jerry Sandler, Dawn Speltz, and Dan Steinberg. Environmental Commissioners: Tracy Anderson, Tonia Galonska, Lynn Gitelis, Dawn Hill, Larry Johnson, Jim Stremel, and Debra Yahle. Bassett Creek Watershed Representative, Linda Loomis. Director of Parks and Recreation, Rick Birno; Public Works Specialist, Eric Eckman; and Administrative Assistant, Sheila Van Sloun. 1. LRT Station Planning Final Report Eckman shared the final report and answered questions. He said the information will be used to inform the Comprehensive Plan in the future. He said the final report is currently being shared with the Environmental, Planning, and Open Space and Recreation Commissions for review and feedback. In July, it will be submitted to the City Council to be received and filed. A few Commissioners expressed concern on the environmental impact of the proposed project. Gitelis said if the issues are not addressed, they will need to be taken to a higher level. Speltz added that we should not forget about the positive impact of less cars on our roads, including less emissions. Mattison said nowhere in the report is parking addressed. He expressed concern about parking at the proposed stations. The Commissioners agreed that their main concerns are: 1) Reconstruction of Golden Valley Road 2) Connections to Three Rivers Park District 3) Parking 4) A larger percentage of Golden Valley residents are not within a 1/2 mile of either station Eckman concluded by saying other comments and concerns can be submitted to David Davies, Outreach Coordinator for Golden Valley with Metro Transit. 2. Bassett Creek Watershed Plan Presentation Loomis said state law requires the Bassett Creek Watershed Plan be updated every ten years. She then presented an overview of the proposed and updated plan, including the addition of impact design standards and buffer standards. Minutes of the Open Space and Recreation and Environmental Commissions June 22, 2015 Page 2 3. Trails and Sidewalk Discussion Mattison proposed the Sidewalk Committee be reestablished to dive into sidewalk and trail issues. He said the committee needs to stay alive and dedicated to action. Eckman displayed a city map illustrating existing and proposed sidewalks and trails. Commissioners then discussed problem areas and issues, which are documented in the Open Space and Parcels Discussion. Direction to staff is to reconvene the Sidewalk Committee or Task Force. Staff will review options and present recommendations at a future meeting. 4. Open Space Parcels Discussion Commissioners viewed a map and discussed open space parcels in the city, and listed those that have the potential for park land use, which are: #7 (Tree Farm), #35, #36, #37, #38, #62, #63, #67 (access areas), #78, #80 (Sochacki access points), #82, #83 (trail connections), #117, and #130 (sidewalk connections). 5. Commission Member Jerry Sandler Final Meeting Mattison gave a farewell to commission member Sandler recognizing his accomplishments and thanking him for his service to the community. Mr. Sandler has served on the Open Space and Recreation Commission since 1999. 6. Adjournment MOTION: Moved by Steinberg and seconded by Bergman to adjourn at 9:03 pm. Motion carried unanimously. Bob Mattison, Chair ATTEST: Sheila Van Sloun, Administrative Assistant city of golden11MEMORANDUM Park and Recreation Department valley p 763-512-2345/763-512-2344(fax) Executive Summary for Action Golden Valley City Council Meeting September 16, 2015 Agenda Item 3. E. 1. Purchase and Installation of Sun/Storm Shelter at Sandburg Athletic Facility Prepared By Rick Birno, Director of Parks and Recreation Summary The State Purchasing program has a contract for Park and Playground Equipment for the new sun/storm shelter at the Sandburg Athletic facility. Partnering youth athletic associations, school district and city staff, and project consultant were directly involved in the size and design of the new shelter. Installation of the new shelter conforms to all Minnesota engineering guidelines. The City received a grant from the Hennepin County Youth Sports Grant Program to help fund this project. State Purchasing Contract#72713 St. Croix Recreation Fun Playgrounds (shelter- sealed drawings - freight): $22,817.70 Michael Basich, Inc. (permit fee - concrete - installation): $22,532.00 Total project expense: $45,349.70 Attachments • Project Information - St. Croix Recreation Fun Playgrounds (1 page) Recommended Action Motion to authorize the purchase and installation of a new sun/storm shelter at Sandburg Athletic Facility from St. Croix Recreation Fun Playgrounds and Michael Basich, Inc. through the State buying contract #72713 for $45,349.70. St. Croix Recreation Fun Playgrounds Estimate e 225 N SECOND STREET STILLWATER, MN 55082 Date Estimate# 9/8/2015 152 Name/Address CITY OF GOLDEN VALLEY RICK BIRNO,DIRECTOR Project Item Description Qty Rate Total CW-1IP-2040-SW HP-2040-SW STEELWORX HIP SHELTER,20'X40' 21,930.00 21,930.00 ALL STEEL SHELTER W/7'6"EAVE HEIGHT,W/4:12 ROOF PITCH W/POLYESTER POWDER COATED FRAMEWORK W/24 GA.MULTI-RIB PRECUT METAL ROOFING;LED VANDAL RESISTANT FIXTURE,CUT-OUTS FOR ELECTRICAL ACCOMODATION ENGINEERED S... ENGINEERED SEALED DRAWINGS 1,150.00 1,150.00 STATE CONTRA... STATE CONTRACT #72713 DISCOUNT(11%) -2,412.30 -2,412.30 FREIGHT FREIGHT: GOLDEN VALLEY MN 2,150.00 2,150.00 PERMIT BUILDING PERMIT FEE ALLOWANCE 1,400.00 1,400.00 INSTALLATION INSTALLATION TO INCLUDE EXCAVATION AND 21,132.00 21,132.00 POURING OF REINFORCED FOOTING PIERS, 24'X54'THICKENED EDGE CONCRETE FINISH FLOOR W/ACCOMODATION OF ELECTRICAL AND DRINKING FOUNTAIN(BY OTHERS) INSTALLATION WILL BE PERFORMED BY INDEPENDENT CONTRACTOR WITH ALL INSTALLATION WORK BEING INVOICED DIRECTLY TO THE CITY BY THE CONTRACTOR. PRICE QUOTED IS GOOD FOR 60 DAYS. Total $45,349.70 city of go MEMORANDUM Valley Physical Development Department 763-593-80951763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting September 16, 2015 Agenda Item 3. F. Approval of Plat - Globus Golden Valley Addition PUD No. 112 and Authorization to Sign PUD Permit and PUD Development Agreement (The Three•Nine•Four Apartments) Prepared By Jason Zimmerman, Planning Manager Summary At the October 15, 2013, City Council meeting, the Council held a public hearing on the Final PUD Plan for the Three•Nine•Four Apartments. 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 - Globus Golden Valley Addition PUD No. 112 (3 pages) • PUD Development Agreement - Globus Golden Valley Addition PUD No. 112 (10 pages) • Resolution for Approval of Plat - Globus Golden Valley PUD No. 112 (2 pages) • Final Plat - Globus Golden Valley Addition PUD No. 112 (2 pages) Recommended Action Motion to adopt Resolution for Approval of Plat - Globus Golden Valley Addition PUD No. 112. Motion to authorize the Mayor and City Manager to sign the PUD Permit and Development Agreement for Globus Golden Valley Addition PUD No. 112. Globus Golden Valley Addition P.U.D. No. 112 (The Three•Nine•Four Apartments) City Council Approval: October 15, 2013 City of Golden Valley, Minnesota Use Permit for Planned Unit Development Project Name: Globus Golden Valley Addition P.U.D. No. 112 (The Three•Nine•Four Apartments) Location: 5307 Circle Down and MnDOT Parcel 38 located at the northwest quadrant of 1-394 and Highway 100, Golden Valley, Minnesota Legal Description: Lots 1, 2 and 3, Block 1 , Globus Golden Valley P.U.D. No. 112 Applicant: Global One Golden Valley, LLC Address: 900 IDS Center, 80 South 8th Street, Minneapolis, MN 55402 Owner: Global One Commercial Address: 900 IDS Center, 80 South 8th Street, Minneapolis, MN 55402 Zoning District: 1-394 Mixed Use Permitted Uses: The PUD Permit allows for the construction of a six-story, 303- unit apartment building and a seven-story, 107-unit senior living building. Components: A. Land Use 1 . The plans prepared by Tushie Montgomery Architects dated September 3, 2013, and October 9, 2013, shall become a part of this approval. 2. The Applicant is assessed a Traffic Management Fee of $43,328.10 per City Code. Payment of half of the fee ($21 ,664.05) is required prior to approval of the Final PUD Plan. (The remaining half of the fee is required to be paid prior to the issuance of a Building Permit.) 3. Snow shall be stored in designated areas only. 4. A Park Dedication Fee of $54,300, or 2% of the land value, shall be paid by the developer prior to release of the Final Plat and the issuance of any building permits. Globus Golden Valley Addition P.U.D. No. 112 (The Three•Nine•Four Apartments) Page 2 5. All signs on the property shall meet the requirements of the City's Sign Code. 6. This approval is subject to all other state, federal, and local ordinances, regulations, or laws with authority over this development. B. Construction 1 . The recommendations and requirements outlined in the memo from Fire Chief Mark Kuhnly to Mark Grimes, Director of Planning and Development dated March 4, 2013, shall become part of this approval. 2. The recommendations and requirements outlined in the memos from City Engineer Jeff Oliver to Mark Grimes, Director of Planning and Development, dated August 2, 2013, and September 12, 2013, shall become a part of this approval. 3. The design specifications, including building location, façade treatment and materials, and site design, as submitted by the applicant, shall become part of this approval. 4. All signs on the property must meet the requirements of the City's sign code. 5. A Construction Communications Plan will be developed and provided to the neighborhood including residential and commercial properties. 6. The existing Mayfair apartment buildings shall be removed within 120 days of the approval of this Permit. C. Grading, Utilities, Access and Other Engineering Issues 1. The recommendations and requirements outlined in the memos from City Engineer Jeff Oliver to Mark Grimes, Director of Planning and Development, dated August 2, 2013, and September 12, 2013, shall become a part of this approval. D. Subdivision 1. Prior to issuance of any building permits for construction within PUD No. 112, the applicant shall submit a final plat to the City for approval. 2. 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. 3. The name of the final plat shall include "P.U.D. No. 112" in its title. Globus Golden Valley Addition P.U.D. No. 112 (The Three•Nine•Four Apartments) Page 3 It is hereby understood and agreed that this P.U.D. Permit is a part of the City Council approval granted on October 15, 2013. Any changes to the PUD Permit for the Globus Golden Valley Addition P.U.D. No. 112 (The Three•Nine•Four Apartments) shall require an amendment. Global One Golden Valley, LLC Witness: By: Title: Date: CITY OF GOLDEN VALLEY Witness: By: Shepard M. Harris, Its Mayor Date: Witness: By: Timothy J. Cruikshank, Its City Manager Date: Warning: This permit is subject to all other state, federal, and local ordinances, regulations, or laws with authority over this development. PLANNED UNIT DEVELOPMENT AGREEMENT The Three Nine Four Apartments - P.U.D. #112 AGREEMENT dated this day of , 2015 to be effective as of the Closing Date (as defined below), by and between the City of Golden Valley, a Minnesota municipal corporation (the "City"), 394 Associates, LLP, a Colorado limited liability partnership ("394"), and Global One Golden Valley, LLC, a Minnesota limited liability company ("Global One", together with 394 [upon the Partial Assignment and Assumption of Private Development Agreement and Consent becoming effective pursuant to the terms and conditions set forth therein], collectively the "Developer"). As used herein, the "Closing Date" shall mean the date that the HRA conveys the MNDOT Parcel (consisting of Tract N only) to Global One. 1. Request for Development Approval. The Developer has asked the City to approve a Planned Unit Development ("PUD 112") known as The Three Nine Four Apartments, 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 subject to satisfactory completion of the following conditions: a. Conformance to, and inclusion of, all provisions of the Final Plans for The Three Nine Four Apartments dated September 26, 2013, and approved October 15, 2013, prepared by MFRA, Inc and Tushie Montgomery Architects and on file with the City (hereinafter referred to as "Final Plans"). b. Incorporation of any easements necessary to accommodate trails and walkways, drainage, streets and utilities as shown on Final Plans. c. Marketable title in the Developer, if the City attorney determines a title review is necessary before final plat approval. d. The Subject Property shall achieve compliance with the City's Inflow and Infiltration Ordinance, prior to occupancy of the buildings. e. Vacation of existing public alley right-of-way and easements as outlined in the Public Works review of the final PUD dated August 2, 2013 and September 12, 2013. f. The Developer must provide a communication plan that outlines construction activities to the Director of Community Development. The Director of Community Development, or his assignee, must approve and enforce the communication plan. g. With regard to access and parking for construction of the Subject Property, and as part of its Right-of-Way Management Permit submittal, the Developer shall provide a construction access and parking plan to the Physical Development Department for review and approval. h. The Developer shall enter into reasonable maintenance agreements for the sanitary sewer, water main, storm sewer, storm water quality treatment facilities, and sidewalks that will be owned and maintained by the Developer or its successors. i. The Developer shall obtain the appropriate permits from the Minnesota Department of Transportation, the Minnesota Pollution Control Agency, and other agencies as required for the construction of the development. The Developer shall also obtain 1 Storm Water Management, Right-of-Way Management, Sewer, Water, and Tree Preservation Permits, and other permits as needed from the City of Golden Valley. 3. Effect of Development Approval. For two (2) years from the date of this Agreement, no amendments to the City's Comprehensive Plan, or official controls shall apply to or affect the use, development density, lot size, lot layout or dedications of the approved plat unless required by state or federal law or agreed to in writing by the City and the Developer. Thereafter, notwithstanding anything in this Agreement to the contrary, to the full extent permitted by state law, the City may require compliance with any amendments to the City's Comprehensive Guide Plan, official controls, platting or dedication requirements enacted after the date of this Agreement. 4. Development Plans. The Subject Property shall be developed in accordance with the Final Plans, original copies of which are on file with the Physical Development Department. If the plans vary from the written terms of this Agreement, the written terms shall control. 5. Installation by Developer. a. Site Improvements. The Developer shall install or cause to be installed and pay for the following, hereinafter referred to as "Site Improvements." The securities required for Site Improvements are discussed later in this Agreement. i. Setting of Lot and Block Monuments ii. Surveying and staking of work required to be performed by the Developer. iii. Installation of gas, electric, telephone, and cable lines prior to building occupancy. iv. Installation of all sanitary sewer, water mains and storm sewer, including services to the buildings as shown on the Final Plans. v. Installation of pedestrian facilities as shown on the Final Plans. vi. Installation of driveway aprons that meet City standard. vii. The grading, erosion control and landscaping, all of which shall be made in accordance with Final Plans. b. Public Improvements Constructed by Developer. The Developer shall install or cause to be installed and pay for the following, hereinafter referred to as "Public Improvements Constructed by Developer." The securities required for Public Improvements Constructed by Developer are discussed later in this Agreement. i. Relocation of the City-owned water main along Highway 394 including gate valve installation as shown on Final Plans and subject to the approval of the Physical Development Department prior to issuance of permits. ii. Removal of the City-owned sanitary sewer main in the public alley, east of the west development boundary, and construction of the City-owned manhole structure (MH 01 on the Final Plans). iii. Construction of the City-owned and maintained storm sewer system along the north PUD boundary, which also includes CBMH 901 to FES 900 as shown on 2 Final Plans and subject to the approval of the Physical Development Department prior to issuance of permits. iv. Construction of the City-owned and maintained storm sewer system along the west PUD boundary to replace the City's existing clay storm sewer, which will be removed as shown on the Final Plans. v. Construction of the City-owned and maintained storm water management pond located on Lot 18, Block 2, of Spring Green South immediately adjacent to the PUD, including the outlet from the subject pond connecting to the storm sewer system owned and maintained by the Minnesota Department of Transportation. Construction of the pond also includes the establishment of a native vegetation buffer around the pond beginning at normal water level and extending out to fifteen (15) feet beyond the top of bank of the pond. The final pond design is subject to the approval of the Physical Development Department prior to issuance of permits. vi. Construction of the public sidewalk located on Lot 18, Block 2, Spring Green South which will connect the development to the cul-de-sac on Circle Down in accordance with Public Works comments on Final PUD dated August 2, 2013 and September 12, 2013. Public sidewalks must meet City and ADA accessibility standards. The Developer shall enter into a reasonable maintenance agreement with the City outlining ownership and maintenance responsibility once a final design for the sidewalk is submitted to the City. vii. Preparation and submittal of construction record drawings of these improvements, to be approved by the Physical Development Department prior to occupancy of the first building to be completed on the Subject Property. viii. Other items as necessary to complete the development as stipulated herein or in accordance with Public Works comments on Final PUD dated August 2, 2013 and September 12, 2013. 6. Permit. The Developer hereby grant the City, its agents, employees, officers and contractors a permit to enter the Subject Property to perform all inspections deemed appropriate by the City during the site development including construction. 7. Assessment for Public Improvements Constructed by City. The City of Golden Valley is considering public improvements in the vicinity of the Subject Property, including Golden Hills Drive, Xenia Avenue, Colorado Avenue, and Laurel Avenue that are necessitated by the development of this PUD and other developments within the area. These improvements include modifications to curb lines, medians, and traffic signals, installation of street lighting, milling and overlay of the existing street pavements, and installation of pedestrian facilities, including, but not limited to, accessibility improvements and modifications. It is anticipated that these improvements will be completed and assessed by the City by November 1, 2016, but shall not be completed and assessed later than November 30, 2020. This special assessment to the Subject Property is estimated to be $147,445, is capped at twelve percent (12%) of the project costs and such amount shall be the final total amount which may be assessed against the Subject Property for such improvements. The Developer, its successors and assigns, waive any right to appeal under Minnesota Statutes, Section 429.081 any special 3 assessments to the Subject Property for the improvements described herein if such improvements are completed and assessed no later than November 30, 2020. 8. Property Fees and Charges. The Developer understands that it 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. The Developer is responsible for the following fees: a. Traffic Management Fee The Developer is assessed a Traffic Management Fee of$43,328.10 per City Code. Payment of half of the fee ($21,664.05) is required prior to release of the Final Plat. (The remaining half of the fee is required to be paid prior to the issuance of a Building Permit.) b. Park Dedication Fee The Developer is assessed a Park Dedication Fee of$54,300.00 per City Code. Payment in full is required prior to release of the Final Plat. 9. Securities. The Developer is responsible for the following securities and shall submit a Cash Deposit or a Stand-by Irrevocable Letter of Credit (the "LOC") in a form and on a local bank acceptable to the City Attorney, for the following: a. Securities for Site Improvements (Landscape Costs) 125% of the estimated cost to furnish and install all materials identified in the Landscape Plan (calculated at $87,000 x 125% = $108,750) on file in the Physical Development Department. The landscape portion of the security required herein may be reduced by 50%following acceptance of the completed landscape plan. The remaining balance of the landscape costs will be retained by the City for a warranty period of two years to ensure survival of the plant materials. The remaining balance of the landscape costs will be released following acceptance of the two-year warranty inspection. Within thirty days after notice by Developer of the conclusion of the warranty period, City agrees to perform an inspection of the subject construction. Within ten additional days City will provide Developer with either a list of corrections or final release documentation (provided by Developer) suitable for the issuing bank to release the LOC. If corrections are required and upon notice by Developer that the corrections have been made, the thirty day inspection and ten day notification or release will be followed. b. Securities for Public Improvements Constructed by Developer 125% of the estimated construction costs (calculated at $150,000 x 125% = $187,500) for all City-owned sanitary sewer, watermain, storm sewer, sidewalk, storm water ponding, and the establishment of a native vegetation buffer around the City-owned storm water pond on Lot 18, as discussed in this Agreement and in accordance with the Public Works comments on Final PUD dated August 2, 2013 and September 12, 2013. The LOC or cash deposit may be reduced no more than four 4 times annually until completion of the public improvements. Five percent (5%) of the security required herein will be retained by the City until a one-year warranty period following final acceptance of the public improvements has been completed. Within thirty days after the notice by Developer of conclusion of the warranty period, City agrees to perform an inspection of the subject construction. Within ten additional days City will provide Developer with either a list of corrections or final release documentation (provided by Developer) suitable for the issuing bank to release the LOC. 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. 10. Developer's Default. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, and if Developer has not commenced corrective action, 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 and opportunity to cure the same, not less than 30 days in advance of any self-help remedy by the City. In the event the cure of the default by the Developer shall reasonably exceed thirty (30) days to correct, the Developer shall not be deemed to be in violation of this provision until a reasonable amount of time is afforded to cure such default. This Agreement is a license for the City to act, and it shall not be necessary for the City to seek a court order for permission to enter the Subject Property. When the City does any such work, the City may, in addition to its other remedies, levy reasonable costs 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. 11. Miscellaneous. a. The Developer represents to the City that the development of the Subject Property will, pursuant to permits and approvals, be constructed in compliance 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. Breach of the terms 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 shall run with the land and may be recorded against the title to the Subject Property. The Developer, its successors and assigns, agree to provide the execution of amendments to this Agreement, as are necessary to effect the 5 recording hereof. After the Developer has completed the work required of it under this Contract, at the Developer's request, the City will execute and deliver a release to the Developer. g. 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. h. Developer may not assign this Agreement without the written permission of the City. 12. 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 address: Global One Golden Valley, LLC IDS Center 80 South Eighth Street Suite 900 Minneapolis, MN 55402 And: Barna, Guzy & Steffen, Ltd. 200 Coon Rapids Blvd., Suite 400 Minneapolis, MN 55433-5894 Attn: Jeffrey S. Johnson, Esq./Timothy D. Erb, Esq. And: 394 Associates, LLP c/o Forum Real Estate Group 4500 Cherry Creek Drive South, Suite 550 Glendale, Colorado 80246 Attn: Tyler Elick And: Fisher & Suhr, P.C. 1512 Larimer Street, Suite 730 Denver, CO 80202 Attn: Edie M. Suhr, Esq. 6 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: Timothy J. Cruikshank, City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2015, by Shepard M. Harris, Mayor, and Timothy J. Cruikshank 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 7 DEVELOPER Global One Golden Valley, LLC hereby consents to the terms of this Agreement and agrees to be bound by all its terms. By: Its STATE OF MINNESOTA ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 20 , by , as of Global One Golden Valley, LLC, a Minnesota limited liability company on behalf of the said limited liability company. Notary Public 8 394 Associates, LLP hereby consents to the terms of this Agreement and agrees to be bound by all its terms. By: Its STATE OF COLORADO ) ) ss. COUNTY OF ARAPAHOE ) The foregoing instrument was acknowledged before me this day of , 20_, by , as of 394 Associates, LLP, a Colorado limited liability partnership on behalf of the said limited liability partnership. Notary Public 9 ATTACHMENT ONE Lots 1, 2 and 3, Block 1, Globus Golden Valley Addition P.U.D. No. 112, Hennepin County, Minnesota 10 Resolution 15-73 September 16, 2015 Member introduced the following resolution and moved its adoption: RESOLUTION FOR APPROVAL OF PLAT - GLOBUS GOLDEN VALLEY ADDITION PUD NO. 112 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 Globus Golden Valley Addition P.U.D. No. 112 covering the following described tracts of land: That part of Tract N, REGISTERED LAND SURVEY NO. 106, Hennepin County, Minnesota; which lies Northerly of Line 1, described as follows: Line 1: Commencing at the west quarter corner of Section 30, Township 29 North, Range 24 West; thence easterly on an azimuth of 91 degrees 21 minutes 02 seconds along the east and west quarter line thereof for 561.17 feet; thence on an azimuth of 01 degree 21 minutes 02 seconds for 225.54 feet to a point on the west line of said Tract N, and the point of beginning of Line 1 to be described; thence on an azimuth of 75 degrees 550 minutes 09 seconds for 133.57 feet; thence on an azimuth of 87 degrees 00 minutes 30 seconds for 533.32 feet thence deflect to the left on a tangential curve, having a radius of 509.00 feet and a delta angle of 21 degrees 30 minutes 00 seconds, for 191 .00 feet; thence on an azimuth of 51 degrees 00 minutes 02 seconds for 109.32 feet, more or less, to the northeasterly line of Lot 18, Block 2, "SPRING GREEN SOUTH" and there terminating. AND Lots 5 and 19, and The South 9.75 feet of Lot 9, The South 15 feet of Lot 7, The South 15 feet of Lot 6, That part of Lot 13, lying Southwesterly of a line drawn 9.75 feet Northeasterly of and parallel with the Southwesterly line of said lot. All in Block 2, "SPRING GREEN SOUTH" AND All that part of the ALLEY dedicated by the plat of "SPRING GREEN SOUTH", according to the plat thereof on file and of record in the office of the Hennepin County Registrar of Titles, described as follows: Beginning at the point of intersection of the northerly line of said ALLEY with the northerly extension of the westerly line of TRACT N, REGISTERED LAND SURVEY NO. 106, files of said Hennepin County Registrar of Titles; thence easterly along said northerly line to the most easterly corner of Lot 19, Block 2, said "SPRING GREEN SOUTH", said most easterly corner also being a point in the southwesterly line of Lot 15 in said Block 2; thence southwesterly perpendicular to said southwesterly line to the centerline of said ALLEY; thence westerly along said centerline to a point of intersection with a line drawn northerly perpendicular to said northerly line which passes through the most westerly corner of Lot 18 in said Block 2; thence southerly along said perpendicular line to the southerly line of said ALLEY; thence westerly along said southerly line to the northwest corner of said Resolution No. 15-73 Page 2 TRACT N; thence northerly along said northerly extension of said westerly line of TRACT N to the point of beginning. WHEREAS, all persons present were given the opportunity to be heard; NOW, THEREFORE, BE IT RESOLVED, by the City Council for the City of Golden Valley, that said proposed plat be, and the same hereby is, accepted and approved, and the proper officers of the City are hereby authorized and instructed to sign the original of said plat and to do all other things necessary and proper in the premises. Shepard M. Harris, Mayor ATTEST: 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. N H l7 W Z Z 2 U Z w N z3� o ate - N Qt Z Z W L.L W g N C W L Z_0 l7 Z ..c L. 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V .9l'�:Oi a''3.Lt.£Q ION NI . .,, — — — �(r0,l�r0 Zr) r I m 8°i s���1�' L9'OZ=I 9L 9l� a s' _ — r 3Nn meiai53a io' / M.ZS,OZ.ItS�// _ _ - 'JNINNg38301Ngd g ' .' .' grog'M.oZ,11.1.OS _— — I -. sari .' .'\dam I - o �' stilt =.= a g' 'R K „r, 09 '../.9,1 P0''I's � dry$ I b � c/ I it ;Rg � 94 6S,00N' I - Cf'OCiz .ELLS.MOON -1 99M,so,0/00 —{ 0 F'- 11'306'60'aNl'OC'03S' `1L'30y'60 dM1 40 1/l MN 3141 40 3N0'M OC'330 10 1/l MS 3441!O 3N1-1'M city of golden , MEMORANDUM Valley City Administration Council 763-593-3991 /763-593-8109(fax) Executive Summary For Action Golden Valley City Council Meeting September 16, 2015 Agenda Item 3. G. Appointment of City Manager to Joint Water Commission Prepared By Chantell Knauss, Acting City Manager Summary Golden Valley needs to appoint a Commissioner to the Golden Valley-Crystal-New Hope Joint Water Commission to fill the unexpired term of the former City Manager. This appointment has been the City Manager of each representing City. Attachments • Resolution Appointing the City Manager as City of Golden Valley Representative on the Golden Valley-Crystal-New Hope Joint Water Commission (1 page) Recommended Action Motion to adopt Resolution Appointing the City Manager as City of Golden Valley Representative on the Golden Valley-Crystal-New Hope Joint Water Commission. Resolution 15-74 September 16, 2015 Member introduced the following resolution and moved its adoption: RESOLUTION APPOINTING CITY MANAGER AS CITY OF GOLDEN VALLEY REPRESENTATIVE ON THE GOLDEN VALLEY-CRYSTAL-NEW HOPE JOINT WATER COMMISSION WHEREAS, the Cities of Golden Valley, New Hope and Golden Valley created a Joint Water Commission in 1963 to benefit the three communities; and WHEREAS, more control is needed by the City and City Manager must assume direct responsibility for the commission's responsibilities; and WHEREAS, it would be the best interest of the City to appoint the City Manager to the Commission for a three year term or until such time as there is a change to a joint powers organization; and WHEREAS, the City of Golden Valley has hired a new City Manager; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Golden Valley, Minnesota, that the City Manager Timothy J. Cruikshank is hereby appointed as the City of Golden Valley's representative on the Golden Valley-Crystal-New Hope Joint Water Commission for a three year term expiring December 31, 2018. 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 of golden11EM UM Administrative Services Department 763-593-8013/763-593-3969(fax) Executive Summary For Action Golden Valley City Council Meeting September 16, 2015 Agenda Item 3. H. Approve Requests for Beer and/or Wine at Brookview Park Prepared By Kris Luedke, City Clerk Summary As per City Code Section 10.83, Subd. 2 I. "No person shall possess, display, consume or use alcoholic beverages on any City park property, unless permission is granted by the Council." As part of the application process for a Facilities Use Permit to use the large and small picnic shelters at Brookview Park the applicant has the option to pay an additional $25 to be able to serve beer and/or wine. Attached is a list of the individuals and/or organizations who have requested that option. Attachments • Beer and/or wine request list (1 page) Recommended Action Motion to approve the requests for beer and/or wine at Brookview Park as recommended by staff. BEER AND/OR WINE REQUEST LIST INDIVIDUAL OR ORGANIZATION CC DATE DATE TIME SHELTER APPROVED Tatiana Murphy 09-20 5 pm - 10 pm Large 09-16-15 Kathy Wells - Liquor Barrel 09-24 5 pm - 10 pm Large 09-16-15 Kelli Horazuk - General Mills 09-24 11 am - 4 pm Large 09-16-15 Holly Spurgeon -Adolfson & Peterson Const. 09-26 11 am - 4 pm Large 09-16-15 Georgette McCeuley 09-26 5 pm -10 pm Large 09-16-15 city of 1 go denMEMORANDUM v+C . .,' Physical Development Department 763-593-8090/763-593-3997(fax) Executive Summary For Action Golden Valley City Council Meeting September 16, 2015 Agenda Item 6. A. Amendment to Chapter 4 of the City Code regarding Building Code Regulations Prepared By Jerry Frevel, Building Official Summary The City is required to periodically update the City Code reference to the State Building Code and the various components that make up the State Building Code. When changes to the code are formally adopted, the City is required to revise the City Code accordingly. The proposed ordinance amendment is designed to bring the Section and references up to date. The proposed ordinance differs from the current City Code format in that it's perpetuating in nature. As such, when changes to the State Building Code are adopted, the perpetual ordinance automatically incorporates such changes without any need for formal Council action. The only exception would be any optional appendix chapters of the State Building Code, for example the special fire protection systems that cities may choose to adopt. The special fire protection chapter was previously adopted as part of our current City Code. Attachments • Section 4.01, Building Code Adopted (underlined/strikeout version) (1 page) • Section 4.01, Building Code Adopted (clean version) (1 page) • Ordinance#580, Amending Chapter 4 of the City Code regarding Building Code Regulations (1 page) Recommended Action Motion to adopt first consideration Ordinance#580, Amending Chapter 4 of the City Code regarding Building Code Regulations. § 4.01 4Chapter •• BUILDINGS AND SIGNS Section q..o l: Building Codc Adopted . • : , . - - . : . . - - - - - - - - . - - - - - - - - - . . - . code is hereby adopted by reference as though set forth verbatim herein, including A7 1300 - - - . . .' :•- : . : - •- -• . . - 137 1301 Building Official Certification 1302 State Building Construction Approvals 1303 - - - . . ' : . ' - - . - - : .. - 1305 Minnesota Building Codc (amended 2012 IBC} 1306 Special Fire Protection Systems 1. Chapter 1306.0020 Subd. 2 G 1307 H-7 3 9 Minnesota Rcsidcntial Code 1311 - - - : - - . .' 1315 Adoption of 2014 National Electrical Code 14 1325 Solar Energy Systems 1330 fallout Shelters M-: 1335 1. arts 1335.0600 through 1335.1100 inclusive N7 1341 Minnesota Accessibility Code 497 X346Mechanical and Gas Code P7 1350 Manufactured Homes 1360 Prefabricated Structures 1361 - : . '. . -: " - - - - - • - - -- S 1370 Storm Shelters (Manufactured Homc Parks) 4715 Minnesota Plumbing Code 147 1322 Minnesota Rcsidcntial Energy Codc V7 1323 Minnesota (Commercial) Energy Code Golden Valley City Code Page 1 of 1 4.01 4Chapter •• BUILDING AND SIGNS Section 4.o l: Building Code Adopted Subdivision 1. Code Adopted by Reference The Minnesota State Building Code, as adopted by the Commissioner of Administration pursuant to Minnesota Statutes Chapter 326B, including all of the amendments, rules and regulations established, adopted and published from time to time by the Minnesota Commissioner of Labor and Industry is hereby adopted by reference with exception of the optional chapters, unless specifically adopted in the Section. The Minnesota State Building Code is hereby incorporated in this Section as if fully set out herein. Subdivision 2. Application, Administration and Enforcement The application, administration, and enforcement shall be in accordance with the Minnesota State Building Code. The Code shall be enforced with the extraterritorial limits permitted by Minnesota Statute, 3266.121, Subdivision 2(d) when so established by this Section. The code enforcement agency of this municipality is called the City of Golden Valley. This Section shall be enforced by the City Manager or his/her designee in accordance with Minnesota Statutes 3266.133, Subdivision 1. Subdivision 3. Building Code Optional Chapters Minnesota State Building Code, Chapter 1300, allows the City to adopt by reference and enforce certain optional chapters of the most current edition of the Minnesota State Building Code. The following optional provisions identified in the most current edition of the State Building Code are hereby adopted and incorporated as part of the building code for the City. A. 1306 Special Fire Protection Systems Golden Valley City Code Page 1 of 1 ORDINANCE NO. 580, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Amending Chapter 4: Building Code Adopted, Regarding the Building Code Regulations The City Council for the City of Golden Valley hereby ordains: Section 1. City Code Section 4.01, entitled "Building Code Adopted" is amended by deleting it in its entirety and replacing it with the follows: Section 4.01: Building Code Adopted Subdivision 1. Code Adopted by Reference The Minnesota State Building Code, as adopted by the Commissioner of Administration pursuant to Minnesota Statutes Chapter 326B, including all of the amendments, rules and regulations established, adopted and published from time to time by the Minnesota Commissioner of Labor and Industry is hereby adopted by reference with exception of the optional chapters, unless specifically adopted in the Section. The Minnesota State Building Code is hereby incorporated in this Section as if fully set out herein. Subdivision 2. Application, Administration and Enforcement The application, administration, and enforcement shall be in accordance with the Minnesota State Building Code. The Code shall be enforced with the extraterritorial limits permitted by Minnesota Statute, 3266.121, Subdivision 2(d) when so established by this Section. The code enforcement agency of this municipality is called the City of Golden Valley. This Section shall be enforced by the City Manager or his/her designee in accordance with Minnesota Statutes 3266.133, Subdivision 1. Subdivision 3. Building Code Optional Chapters Minnesota State Building Code, Chapter 1300, allows the City to adopt by reference and enforce certain optional chapters of the most current edition of the Minnesota State Building Code. The following optional provisions identified in the most current edition of the State Building Code are hereby adopted and incorporated as part of the building code for the City. A. 1306 Special Fire Protection Systems Section 2. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 4.99 entitled "Violation A Misdemeanor or Petty Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 3. This ordinance shall take effect and be in force from and after its passage and publication. Adopted by the City Council this 16th day of September, 2015. /s/Shepard M. Harris Shepard M. Harris, Mayor ATTEST: /s/Kristine A. Luedke Kristine A. Luedke, City Clerk 11111 7 1111 015' 1,1,10',111,10'11,111,1mm � m mid IP mm(111 1, Physical Development Department 763-593-8095/763-593-8109(fax) Executive Summary For Action Golden Valley City Council Meeting September 16, 2015 Agenda Item 6. B. METRO Blue Line Extension Update Prepared By Jason Zimmerman, Planning Manager Project Summary At the September Issue Resolution Team (IRT) meetings with the Project Office, discussion centered around two topics. First, negotiations with the Burlington Northern Santa Fe (BNSF) railroad have revealed the potential for the light rail project to be required to reconstruct all four bridges over the railroad tracks (three are located within Golden Valley). Based on this information, the Project Office will be evaluating the cost to rebuild these bridges, or to provide monetary compensation to the railroad that could cover future reconstruction. These costs were not part of the Draft Environmental Impact Statement (DEIS) and would be an increase in the project budget. The Project Office is continuing to negotiate with BNSF about this topic. Second, the Project Office recently met with Park and Recreation staff from Golden Valley and Robbinsdale, as well as Three Rivers, to discuss the evolving potential to use portions of Sochacki Park for staging during construction of the rail tracks in the Grimes Pond area. Due to the topography and single family homes surrounding the park, there are few good options for access. Conversations will continue with stakeholders to discuss potential limitations, safety provisions, and restoration commitments should use of the park become necessary. Representatives from the Project Office will attend the October Council/Manager meeting to discuss the municipal consent process and how it will dovetail with the release of the Final Environmental Impact Statement (FEIS). A public open house at City Hall is being planned for late October to discuss environmental issues associated with the light rail line. More details regarding the date and time will be provided by early October. Recommended Action Receive and file METRO Blue Line Extension Update.