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04-05-16 CC Agenda Packet (entire)AGENDA Regular Meeting of the City Council Golden Valley City Hall 7800 Golden Valley Road Council Chamber April 5, 2016 6:30 pm 1.CALL TO ORDER PAGES A.Pledge of Allegiance B.Roll Call C.Certificates of Recognition: Eagle Scout Jake Place and Andy Schmaltz, Troop 268 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 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. City Council Executive Session - March 2, 2016 3 2. City Council Meeting - March 15, 2016 4-8 B.Approval of City Check Register 9 C.Licenses: 1. General Business License 10 D.Minutes of Boards and Commissions: 1. Planning Commission - February 22, 2016 11-17 2. Board of Zoning Appeals - October 27, 2015 18-26 3. Human Rights Commission - February 23, 2016 27-29 4. Bassett Creek Watershed Management Commission - February 18, 2016 30-37 E.Bids and Quotes: 1. Authorize Purchase Galaxy Radio Transmitter RTR Modules for Water Meter Reading System Upgrade 38 2. Authorize Purchase of Utility Tractor 39-40 F.Approve Requests for Beer and/or Wine at Brookview Park 41-42 G.Rescind Resolution 16-15 and Authorize Execution of Flood Damage Reduction Assistance Grant Agreement 16-16 43-45 H.Receipt of February 2016 Financial Reports 46-54 4.PUBLIC HEARINGS A.Public Hearing - Ordinance #596 - Approval of Conditional Use Permit 144 - 5905 Golden Valley Road - Jewish Family & Children’s Service of Minneapolis, Applicant 55-90 B.Public Hearing - Amendments to the General Land Use Plan Map and Zoning Map - 2415 and 2445 Winnetka Avenue North - Lawrence Johanns and Van Tran, Applicants 91-122 5.OLD BUSINESS 6.NEW BUSINESS A.Approval of Revised Plat - Liberty Crossing PUD No. 123 and Authorization to Sign Amended PUD Development Agreement - Liberty Crossing PUD No. 123 16-17 123-148 B.Award Contract for 2016 Bassett Creek Native Vegetation Project 149-151 C.Award Contracts for the 2016 Pavement Management for Construction Contract, Construction Engineering Services and Purchase of Fire Hydrants 152-166 D.Call for Public Hearing on the Intention to Issue General Obligation Street Reconstruction Bonds and Proposal to Adopt Street Reconstruction Plan 16-18 167-169 E.Establish No Parking Restrictions on Golden Hills Drive between Xenia Avenue South and Turners Crossroad South 16-19 170-175 F.Submit Application to Minnesota Pollution Control Agency for Minnesota GreenCorps Host Site 16-20 176-179 G.Submit Environmental Assistance Grant Application to Minnesota Pollution Control Agency for Sustainability and Resilience Planning 16-21 180-182 H.New Gazebo for Brookview Park 183-185 I.Golden Oaks Park Playground Equipment Replacement 186-188 J.Second Consideration - Ordinance #594 - Amending Section 8:11: Special Events, Special Event Policy and Summary of Ordinance for Publication 16-22 189-219 K.Second Consideration - Ordinance #595 - Amendments to City Code 5.31 Temporary Liquor Licenses and Summary of Ordinance for Publication 220-227 L.Announcements of Meetings 1. Future Draft Agendas: Housing and Redevelopment Authority April 12, 2016, Council/Manager April 12, 2016, City Council April 19 and May 2, 2016 228-231 M.Mayor and Council Communications 7.ADJOURNMENT City Of UNOFFICIAL MINUTES t� CITY COUNCIL EXECUTIVE SESSION valley GOLDEN VALLEY, MINNESOTA MARCH 2, 2016 The meeting began at 6:08 pm in the City Hall Manager's Conference Room. The following members were present: Mayor Harris, Council Members Clausen, Fonnest, Schmidgall and Snope. Also present were: Timothy J. Cruikshank, City Manager; Chantell Knauss, Assistant City Manager. City Manager Cruikshank and Assistant City Manager Knauss updated the Council on the status of labor negotiations with the various labor units. Council provided staff with direction on how they would like to proceed. The meeting was adjourned at 6:37 pm. Shepard M. Harris, Mayor ATTEST: Timothy J. Cruikshank, City Manager City of UNOFFICIAL MINUTES ol ' �en Ar CITY COUNCIL MEETING valleyGOLDEN VALLEY, MINNESOTA March 15, 2016 1. CALL TO ORDER Mayor Harris called the meeting to order at 6:30 pm. 1A. Pledge of Allegiance 1 B. Roll Call Present: Mayor Harris, Council Members Joanie Clausen, Larry Fonnest, Steve Schmidgall and Andy Snope. Also present were: City Manager Cruikshank, City Attorney Garry and City Clerk Luedke. 2. ADDITIONS AND CORRECTIONS TO AGENDA MOTION made by Council Member Snope, seconded by Council Member Fonnest to approve the agenda of March 15, 2016, as submitted and the motion carried. 3. APPROVAL OF CONSENT AGENDA MOTION made by Council Member Clausen, seconded by Council Member Schmidgall to approve the consent agenda of March 15, 2016, as revised: removal of items 3C1-Approve General Business Licenses and 3H-Accept Human Rights Commission 2015 Annual Report and Approve 2016 Work Plan and the motion carried. 3A. Approve Minutes of the City Council Meeting of March 2, 2016. 3131. Approve City Check Register and authorize the payments of the bills as submitted. 3132. Approve Housing and Redevelopment Authority Check Register and authorize the payments of the bills as submitted. AIAtherize the icci Anne of General 1361SOnecc I inencec fer Refuse and ReGyGlinn "'_ '__�_...__ _' _�- vv win Vehielec as renemmended by staff 3C2. Authorize the issuance of General Business Licenses for Amusement Devices and Dancing/Entertainment as recommended by staff. 3C3. Receive and file the gambling license exemption and approve the waiver of notice requirement for the Sons of the American Legion Post 523. 3C4. Approve the gambling license application to conduct excluded bingo for the Sons of the American Legion Post 523. 3D. Accept for filing the Minutes of Boards and Commissions as follows: 1 . Environmental Commission - December 14, 2015 2. Bassett Creek Watershed Management Commission - January 21, 2016 3E1. Authorize purchase of the Ford Transit T-150 Van from Nelson Auto Center for a total purchase price of $28,716.36. 3E2. Authorize purchase of two Ford Police SUV Interceptor Vehicles from Nelson Auto Center for the total purchase price of $74,207.90. 3E3. Authorize purchase of 800 MHZ mobile radios through Motorola Solutions, Inc. for $63,016.95 for the Fire Department. 3E4. Authorize purchase of 800 MHZ mobile radios through Motorola Solutions, Inc. for $74,152.50 for the Police Department. 3F. Receive and file the January 2016 Financial Reports. Unofficial City Council Minutes -2- March 15, 2016 3. APPROVAL OF CONSENT AGENDA - continued 3G. Authorize amendment to agreement with WSB & Associates, Inc. to include additional professional services for the 2015 Bassett Creek Restoration Project in the amount not to exceed $33,951.00. 3W. AGGept Hurnan Rights Commission 2015 ARR al Report and Approve 2016 Werk RaR. 3. ITEMS REMOVED FROM THE CONSENT AGENDA 3C1. Approve General Business License City Manager Cruikshank and Physical Development Director Nevinski answered questions from Council regarding renewing the license for Waste Management of MN because of complaints that the hauler has violated the City's noise ordinance. There was Council discussion regarding the license renewal for Waste Management. MOTION made by Council Member Snope, seconded by Council Member Schmidgall to authorize the issuance of General Business Licenses as recommended by staff and the motion carried. 3H. Human Rights Commission 2015 Annual Report and 2016 Work Plan Mayor Harris expressed his thanks to the Human Rights Commission and City staff for their service to the City of Golden Valley. MOTION made by Mayor Harris, seconded by Council Member Clausen to accept the Human Rights Commission 2015 Annual Report and approve the 2016 Work Plan and the motion carried. 4. PUBLIC HEARINGS 4A. Public Hearing - Approval of Conditional Use Permit No. 145, 8812 7th Avenue North, Empty the Nest, Applicant Planning Manager Zimmerman presented the staff report and answered questions from Council. Mayor Harris opened the public hearing. Ms. Sharon Fischman of Empty the Nest, gave a brief history on how the company started and how the current operation of the business works and answered questions from Council. Mayor Harris closed the public hearing. MOTION made by Council Member Schmidgall, seconded by Council Member Clausen to adopt Ordinance #592, Approval of Conditional Use Permit No. 145, 8812 7th Avenue North, Empty the Nest, Applicant upon a vote being taken the following voted in favor of: Harris, Schmidgall, Snope, Fonnest and Clausen and the following voted against: none and the motion carried. Unofficial City Council Minutes -3- March 15, 2016 4B. Public Hearing - Major PUD Amendment Plan for Central Park West PUD No. 121, Amendment #1 - 5075 Wayzata Boulevard - RISLP, LLC, Applicant Associate Planner/Grant Writer Goellner 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. MOTION made by Council Member Fonnest, seconded by Council Member Snope to adopt Ordinance #593, Approval of PUD Plan, Central Park West PUD No. 121, Amendment #1, RISLP, LLP, Applicant 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. 6. NEW BUSINESS 6A. Authorize Contract for Fire Facility and Organizational Study Fire Chief Crelly presented the staff report and answered questions from Council. City Manager Cruikshank answered questions from Council. MOTION made by Council Member Schmidgall, seconded by Council Member Snope to authorize a contract with Five Bugles Design to conduct a Fire Facility and Organizational Study for $25,500 and the motion carried. 6B. Authorize PUD Permit - Central Park West PUD No. 121, Amendment #1 Associate Planner/Grant Writer Goellner presented the staff report. MOTION made by Council Member Fonnest, seconded by Council Member Clausen to authorize the Mayor and City Manager to sign the PUD Permit for Central Park West PUD No. 121, Amendment #1 and the motion carried. 6C. Authorize Contract for Brookview Community Center Replacement Construction Management Services Director of Parks and Recreation Birno presented the staff report and answered questions from Council. Council Member Schmidgall recused himself from the vote because he is employed by one of the other firms involved in the request for proposal process. MOTION made by Council Member Snope, seconded by Council Member Clausen to authorize City Manager to Sign Contract with Adolfson and Peterson, contingent on City Attorney review, for all Construction Management Services for the replacement of Brookview Community Center upon a vote being taken the following voted in favor of: Harris, Clausen, Snope and Fonnest, the following voted against: none and the following abstained: Schmidgall and the motion carried. Unofficial City Council Minutes -4- March 15, 2016 6D. Authorize Amendment for Technology Systems for the Brookview Community Center Replacement Project Director of Parks and Recreation Birno presented the staff report and answered questions from Council. City Manager Cruikshank answered questions from Council. MOTION made by Council Member Schmidgall, seconded by Council Member Clausen to authorize City Manager to sign the amendment for Professional Services Agreement, contingent on City Attorney review, with HGA for technology systems design for Brookview Community Center and the motion carried. 6E. Lakeview Park Playground Equipment Replacement Director of Parks and Recreation Birno presented the staff report and answered questions from Council. MOTION made by Council Member Schmidgall, seconded by Council Member Clausen to authorize the purchase and installation of playground equipment from Miracle Recreation Equipment Company and Webber Recreational Design, Inc. through the Minnesota State buying group contract #P-949(5) for a project total of $50,000 and the motion carried. 6F. First Consideration - Ordinance #594 - Amending Section 8.11: Special Events City Manager Cruikshank presented the staff report and answered questions from Council. MOTION made by Council Member Fonnest, seconded by Council Member Schmidgall to adopt first consideration Ordinance #594, amending Section 8.11: Special Events upon a vote being taken the following voted in favor of: Schmidgall, Fonnest, Harris, Snope and Clausen and the following voted against: none and the motion carried. 6G. First Consideration - Ordinance #595 - Amendments to City Code 5.31 Temporary Liquor Licenses City Manager Cruikshank presented the staff report and answered questions from Council. City Clerk Luedke and City Attorney Garry answered questions from Council. MOTION made by Council Member Schmidgall, seconded by Council Member Snope to adopt first consideration Ordinance #595, amendment to Chapter 5: Alcoholic Beverages Licensing Temporary Liquor Licensing upon a vote being taken the following voted in favor of: Harris, Snope, Fonnest, Clausen and Schmidgall and the following voted against: none and the motion carried. 6H. Announcements of Meetings Some Council Members may attend the League of Women Voters event on March 19, 2016, starting at 10 am at the Brookdale Library at 6125 Shingle Creek Parkway, Brooklyn Center. Some Council Members may attend the Golden Valley Business Council meeting on March 24, 2016, from 7:30 to 9 am at Second Harvest Heartland at 6325 Sandburg Road. Unofficial City Council Minutes -5- March 15, 2016 6H. Announcements of Meetings - continued Some Council Members may attend the Golden Oaks Play Structure Neighborhood meeting on March 28, 2016, from 6 to 7 pm at Brookview Community Center. Some Council Members may attend the MnDOT Open House regarding the Highway 100 Construction Projects on March 30, 2016, from 5 to 7 pm at Groves Academy at 3200 Highway 100, St. Louis Park. The next City Council meeting will be held on April 5, 2016, at 6:30 pm. Some Council Members may attend the Golden Valley Run the Valley Race/Walk on April 16, 2016, beginning at 7:45 am at the Brookview Community Center. 61. Mayor and Council Communication Mayor Harris stated that former Congressman Martin Sabo passed away over the weekend. He said Congressman Sabo had represented the state's 5t" Congressional District of which Golden Valley is a part of and offered the Sabo family his condolence. Mayor Harris congratulated the Hopkins Boys Basketball team for their 4A Championship win and stated the Hopkins Girls Basketball team will be playing later in the week. He also congratulated the Minneapolis North Boys Basketball team for their Championship win. 7. ADJOURNMENT MOTION made by Council Member Clausen, seconded by Council Member Fonnest and the motion carried unanimously to adjourn the meeting at 8:08 pm. Shepard M. Harris, Mayor ATTEST: Kristine A. Luedke, City Clerk city 0 golden MEMORANDUM VI 1 L�. e� Administrative Services Department 763-593-8013/763-593-3969(fax) Executive Summary For Action Golden Valley City Council Meeting March 15, 2016 Agenda Item 3. B. Approval of City Check Register Prepared By Sue Virnig, Finance Director Summary Approval of the check register for various vendor claims against the City of Golden Valley. Attachments • Document sent via email Recommended Action Motion to authorize the payment of the bills as submitted. city 0 golden MEMORANDUM V a Physical Development Department 763-593-80301763-593-3988(fax) Executive Summary For Action Golden Valley City Council Meeting April 5, 2016 Agenda Item 3. C. 1. General Business Licenses Prepared By Shannon Dietrich, Administrative Assistant Summary As per City Code, some businesses are required to be licensed by the City. Listed below are the license number, applicant name and address, license type and fee of those who have submitted an application for approval. #8629 Sanimax USA Inc. Refuse Vehicle(s) $ 300.00 505 Hardman Ave Recommended Action Motion to authorize the issuance of licenses as recommended by staff. Regular Meeting of the Golden Valley Planning Commission February 22, 2016 A regular meeting of the Planning Commission was held at the Golden Valley City Hall, Council Chambers, 7800 Golden Valley Road, Golden Valley, Minnesota, on Monday, February 22, 2016. Chair Segelbaum called the meeting to order at 7 pm. Those present were Planning Commissioners Baker, Blum, Kluchka, Segelbaum, and Waldhauser. Also present was Planning Manager Jason Zimmerman, Associate Planner/Grant Writer Emily Goellner, and Administrative Assistant Lisa Wittman. Commissioners Cera and Johnson were absent. 1. Approval of Minutes February 8, 2016, Regular Planning Commission Meeting MOVED by Waldhauser, seconded by Kluchka and motion carried unanimously to approve the February 8, 2016, minutes as submitted. 2. Informal Public Hearing — Conditional Use Permit— 8812 7th Avenue North — Empty the Nest— CU-145 Applicant: Empty the Nest (Sharon Fischman) Address: 88127 th Avenue North Purpose: To allow for accessory retail sales incidental to permitted uses in a Light Industrial zoning district Zimmerman explained the applicant's request for a Conditional Use Permit to allow accessory retail sales incidental to a permitted warehouse use at 8812 7th Avenue. He stated that up to 10% of the building footprint can be used for accessory retail sales and that there is one other approved accessory retail use in the building at approximately 2.9% of the building footprint. If approved this proposal would add another 4.6% for a total of 7.5% of the building footprint. Zimmerman stated that the Applicant currently operates in an industrial park in Burnsville and is planning on relocating to Golden Valley. He explained that people hire Empty the Nest to help empty a home of all belongings and prepare them for donation, recycling, sales, etc. He added that in addition to sorting and processing goods at the warehouse location, thrift sales would take place three days a week. In order to alleviate parking concerns, thrift sales are proposed for Saturday, Sunday, and Monday. Zimmerman referred to the parking requirements and stated that the applicant has been assigned eight parking spaces in front of their suite. The applicant has stated that their current sales typically draw no more than 10 customers per hour. He added that the Minutes of the Golden Valley Planning Commission February 22, 2016 Page 2 Zoning Code allows the required parking to be cut by 50% for businesses that operate during off-peak hours. Zimmerman explained that the applicant's proposed square footage for the various uses have changed slightly since the application was submitted and the staff report was written. Therefore, the revised number of required parking spaces would be 6.75 spaces on Saturdays and Sundays and 13.5 parking spaces on Mondays. Zimmerman stated that staff is recommending approval of the Conditional Use Permit with the conditions listed in the staff report and with language added to the first condition regarding the revised plans dated February 22, 2016. Baker asked why the sale days would be on Mondays instead of Fridays. Zimmerman stated that the first day of the sales would be the busiest and having the sales start on Fridays could cause a parking issue. Baker asked if the City knows if the applicant would be able to lease additional parking spaces if needed. Zimmerman said he doesn't know for sure, but the building owner mentioned the ability to swap parking spaces if necessary during the recently approved Conditional Use Permit for Calvin Christian School (Thriftique). Kluchka asked if there are bicycle racks on the property. Zimmerman said he didn't know. Waldhauser asked about the number of employees. Zimmerman said the applicant could address that. Segelbaum asked what having eight designated parking spots means if there aren't designated signs in place. Zimmerman stated that there are a certain number of parking spaces for each suite and if there is a problem with parking the City could ask the property owner to designate the parking spaces with signage. Segelbaum asked if staff visited the site during the week. Zimmerman said yes and each time he was there the parking lot was approximately half full. Segelbaum asked if on-street parking is available. Zimmerman said no, there are parking restrictions on the streets around this property, but there is an area behind the building that employees could use if needed. Baker asked how this proposal would translate to the proposed new Zoning Code language regarding allowing accessory retail sales based on the square footage of a building rather than a building's footprint. Zimmerman said in this case the square footage would be larger and there would be potential to add more retail space which would then require more parking spaces. Baker asked if the amount of accessory retail space in a building is first come, first served. Zimmerman said yes. Sharon Fischman, Empty the Nest, Applicant, said she started this business in 2010 when she had to empty her parents' house. She explained how her company operates and how they work with several non-profit organizations to make sure everything gets to Minutes of the Golden Valley Planning Commission February 22, 2016 Page 3 the right place. She stated that the homeowner gets receipts for their donations and the things they sell in their store help reduce the homeowners' cost of clean out. Blum asked how many jobs this business will bring to Golden Valley. Fischman said she is currently in the process of hiring people and that she is thinking that she will have five part-time employees. She added that the core of her business is cleaning out the homes and that the sales just help offset those costs. Baker asked if the sales are on consignment. Fischman stated that she meets with families and they decide what to donate and what to sell in the store. Baker asked Fischman if she helps people move and get set up at a new residence. Fischman said no, she signed a non-compete agreement and that many companies come to Empty the Nest because they know she is not going to compete with them and she gets a lot of referrals. Segelbaum asked Fischman if she has the ability to have employees park elsewhere if needed. Fischman said yes. Segelbaum noted that there are designated parking spaces, but those spaces do not have signage and questioned how that will work. Fischman said she thinks boundaries are a good thing and signage would be good. Segelbaum asked if employees will be at the site on non-sale days. Fischman said yes, because they will be setting up for the sales. Segelbaum asked if there are loading bays. Fischman said yes. Segelbaum opened the public hearing. Seeing and hearing no one wishing to comment, Segelbaum closed the public hearing. Kluchka said he would like to know if there are bicycle racks. Goellner said she didn't see any when she visited the site. Segelbaum suggested that the property owner attend the City Council meeting. Zimmerman said he would be hesitant to add bicycle racks as a condition of approval since the applicant is only looking to lease space and is not the property owner. Waldhauser said she doesn't see any issues with this proposal and it is a nice service that sounds like a great addition to Golden Valley. Blum agreed that the proposed use will be facilitating charitable donations, bringing jobs to Golden Valley, promoting recycling, and helping families in transition. MOVED by Blum, seconded by Baker and motion carried unanimously to recommend approval of Conditional Use Permit #145 subject to the following findings and conditions: Findings: 1. Demonstrated Need for the Proposed Use: Empty the Nest is an existing business that has shown a demand exists for the services they provide. Based on their past experiences, they are able to accurately predict the expected amount of retail demand there will be for their operations. Minutes of the Golden Valley Planning Commission February 22, 2016 Page 4 2. Consistency with the Comprehensive Plan: A warehouse use with a retail component is consistent with the Light Industrial designation of this property on the General Land Use Plan Map. 3. Effect on Property Values: Staff anticipates the new use would have no impact on the surrounding property values. 4. Effect on Traffic: The number of trips associated with the proposed use is minimal and largely concentrated on weekends. Staff does not expect any negative traffic impacts to the surrounding areas. 5. Effect of Increases in Population and Density: The proposed use may generate a minor increase in the number of employees at the location three days a week. 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: Because the proposed use would involve only interior modifications, staff does not anticipate a change in the visual quality of the property. 10.Other Impacts to the City and Residents: Staff does not anticipate any other negative effects of the proposed use. The location is a multi-tenant light industrial property with adequate parking to serve the individual uses. Conditions: 1. The plans by submitted by the applicant on January 21, 2016, and revised on February 12, 2016, and February 22, 2016, shall become a part of this approval. 2. Retail sales shall be limited to Saturdays, Sundays, and Mondays. 3. In the event complaints to the City regarding parking are deemed by the City Manager or his/her designee to be significant, the City reserves the right to require signage be installed to highlight the existing eight parking spaces in the front parking lot and to reserve them for customer use. Other modifications to the days or hours of operation may be required to adequately address parking concerns. 4. All signage must meet the requirements of the City's Sign Code (Section 4.20). 5. This approval is subject to all other state, federal, and local ordinances, regulations, or laws with authority over this development. --Short Recess-- 3. 2040 Comprehensive Plan Discussion — Housing, and the Bicycle and Pedestrian System Goellner reviewed the Planning Commission's discussion from their January 25, 2016, meeting which included: Community Planning, Community Background, and Land Use. She explained that tonight's discussion includes the Housing Chapter and the Bicycle & Pedestrian section of the Transportation Chapter. She stated that she would like the Commissioners to provide feedback on how/why the City should revisit the Housing goals, objectives, and policies, what they foresee as Housing issues and challenges from 2016 to 2040, if they would like to see more content on bicycles and pedestrians, Minutes of the Golden Valley Planning Commission February 22, 2016 Page 5 what other data or trends would be good to understand, and what other demographic data would be useful. Baker asked if staff has looked into the assumptions behind the demographic information provided by the Metropolitan Council. Zimmerman suggested having a Metropolitan Council representative or a demographer come in and speak to the Planning Commission. Kluchka added that the Metropolitan Council is good at providing estimates, but he is not sure they are accurate at the end of the day. Goellner reviewed the current Housing Chapter and noted that it includes housing condition and age, a housing inventory, property maintenance and standards, housing costs, median home values, and median rents. She stated that some of the challenges the City has for housing include the high costs of land and blight conditions on some of the older homes. Waldhauser said she is pleased with most of the goals and objectives, but that the City has lost sight of some of them and doesn't do enough to promote them. She referred to page 5-23 and said she doesn't like the objective regarding striving for variety in housing styles. She said she would rather it say that the City will strive for a variety in housing types and costs instead of styles. Segelbaum agreed that housing types and costs are a higher priority to him than style. Baker stated that Golden Valley is an upscale community and doesn't do very good as a city on cheaper housing. He stated that "inclusionary zoning" has never been mentioned. Zimmerman stated that is something a city would really have to be committed to doing. Waldhauser asked if the programs used to address housing needs referred to on page 5-20 are still available. Goellner stated that several of them are still available. Zimmerman added that many of them require cities to match the funding. Waldhauser stated that the City hasn't required developers to provide affordable units. Kluchka stated that it would be good to look back over the past 10 years to see if the City met its goals, or milestones, and what could be done differently. Blum expressed concern about concentrating affordable housing to one particular building or area. Baker said he is not sure if the City can get away from concentrating affordable housing in specific areas because if people can't afford free-standing homes they may be more inclined to live in a multi-unit building which concentrates affordable housing naturally. Kluchka suggested including affordable units in all projects so the City doesn't get a concentration of them. Goellner stated that a mixed-income building is difficult to finance. Baker said he agrees with Kluchka that there should be a section in the Comprehensive Plan about what the City has learned in the past, what has worked, what hasn't worked, and what has been ignored. Kluchka referred to page 5-2 and questioned why there were only two areas mentioned where increasing the housing density would be appropriate. Waldhauser said she thinks the City has identified more areas for redevelopment than are listed in the Plan. Minutes of the Golden Valley Planning Commission February 22, 2016 Page 6 Zimmerman stated that in order to be more forward looking there will have to be more estimates and assumptions made. Zimmerman stated that one of the next steps in the process is looking at the Plan goal by goal. Baker added that the goals should be prioritized. Segelbaum agreed that prioritizing the goals would be a good idea. Baker referred the property maintenance code and questioned if it is a good use of money since only 7% of the properties were given notices. Waldhauser noted that 75% of housing needed maintenance. Baker suggested the effort be shifted to rental properties. Waldhauser noted that the effort has shifted and that rental properties are now licensed and inspected. Kluchka referred to mother-in-law apartments and asked if they are considered rental properties. Waldhauser stated that mother-in-law apartments have been specifically precluded in the past. Blum noted that Minneapolis has alleys and properties that have existing detached structures that can be converted to apartment units and asked if Golden Valley is really set up for that type of detached accessory dwellings. Goellner stated it is a topic that should be discussed. Kluchka stated that the City should also be discussing historic preservation. Waldhauser stated that topic has come up in the past but she questions if there are enough historic homes to make an entire district, or if the homes are scattered throughout the City. She stated that the City can't prevent people from tearing down their homes. Baker said he doesn't want to discourage people from updating their homes. Waldhauser referred to the table on page 5-4 and questioned if the information regarding mobile homes, boats, etc. is correct. Baker asked if all the tables will be updated, or if some will be abandoned. Goellner stated that most of the tables will be kept and updated and more will be added such as: vacancy rates, home prices, net cost of living, group homes, and other types of data that will be helpful in setting priorities. Waldhauser said she would be interested in knowing if homes could be identified by school district and where kids actually go to school because many communities rally around their schools. Kluchka said he sees the community center as a hub for community pride. Goellner referred to the Transportation Chapter of the Comprehensive Plan and discussed the bicycle and pedestrian system including the existing and proposed trails and sidewalks. She asked the Planning Commission if they would like to see more content regarding bicycles and pedestrians during this update and what other demographic data would be useful such as the number of vehicles people own, and how much time people spend commuting. Baker said he would like to know the types of vehicles people own and said the City should encourage the presence of charging stations. Kluchka said he would also like to encourage phone charging stations. Minutes of the Golden Valley Planning Commission February 22, 2016 Page 7 Baker stated that the City has missed some opportunities for bike lanes and needs to pay more attention to pedestrians and bicycles as part of the Pavement Management Program. Waldhauser said she would like trails on side streets to go through and not just end. Zimmerman stated that there will be a pedestrian and bicycle study done by Humphrey students. Kluchka suggested there be a specific health section in the Plan. He also suggested that wayfinding and educational signage such as the number of steps to a landmark or major milestones be installed as a way to incorporate health into the Transportation plan. Waldhauser referred to Goal 6 in the Comprehensive Plan regarding visually integrating the transit system and noted that there have been past discussions about encouraging public art and gateway signs at key locations. She said she would also like to have landscaping along major roadways. Kluchka agreed and said he would really like to see welcome signs be a part of the transportation system. Baker stated that there will also need to be a section in the Plan regarding Light Rail. The Commissioners agreed. Segelbaum reminded the Commissioners that there will be a joint meeting with the Environmental and Open Space and Recreation Commission to discuss the Comprehensive Plan Update process on February 29, 2016. 4. Reports on Meetings of the Housing and Redevelopment Authority, City Council, Board of Zoning Appeals and other Meetings Zimmerman stated that the City Council unanimously granted Municipal Consent for the METRO Blue Line proposal at their last Council meeting. He stated that the Council will be discussing the Golden Valley Road park and ride station/intersection design at the March 8 Council/Manager meeting. 5. Other Business • Council Liaison Report No report was given. 6. Adjournment The meeting was adjourned at 8:53 pm. John Kluchka, Secretary Lisa Wittman, Administrative Assistant Minutes of a Regular Meeting of the Golden Valley Board of Zoning Appeals October 27, 2015 A regular meeting of the Golden Valley Board of Zoning Appeals was held on Tuesday, October 27, 2015, at City Hall, 7800 Golden Valley Road, Golden Valley, Minnesota. Chair Perich called the meeting to order at 7 pm. Those present were Members Maxwell, Nelson, Orenstein, Perich and Planning Commission Representative Johnson. Also present were Associate Planner/Grant Writer Emily Goellner, and Administrative Assistant Lisa Wittman. I. Approval of Minutes— September 29, 2015 Regular Meeting MOVED by Nelson, seconded by Orenstein and motion carried unanimously to approve the September 29, 2015, minutes as submitted. II. The Petition(s) are: 5605 Woodstock Avenue Nate & Dana Isder, Applicants Request: Waiver from Section 11.21, Single Family Zoning District, Subd. 12(E) Accessory Structure Requirements 339 sq. ft. more than the allowed 1,000 square feet of accessory structure space for a total of 1,339 square feet of accessory structure space. Purpose: To allow for the construction of new garage (975 sq. ft.) and an existing shed (364 sq. ft.). Goellner referred to a site plan of the property and explained that the applicants received approval to construct a new 975 square foot garage. During an inspection of the foundation it was discovered that the applicants also had an existing 364 square foot shed/granary on their property that was not shown on their survey. Therefore, the applicants are now asking for a variance in order to keep the granary and allow them to have more than the allowed 1,000 square feet of accessory structure space. Goellner stated that the applicants have said that their unique circumstances are that the existing granary was placed on the property by previous property owners and that the existing granary has been there so long that it will not alter the essential character of the neighborhood. She stated that staff is recommending denial of the requested variance. Perich asked if the property used to be a farm. Goellner said yes. Perich asked how old the house is. Goellner said she didn't know. Minutes of the Golden Valley Board of Zoning Appeals October 27, 2015 Page 2 Johnson asked who provided the survey. Goellner said she thinks the City probably had a copy of the survey on file that the applicant used. She added that the granary should have been drawn on it when the survey was originally done, but it was not. Maxwell asked if the new garage is already built. Goellner said the new garage is mostly built. Maxwell asked Goellner if she suspects that the granary just wasn't counted in the total square footage at the beginning of the project. Goellner said yes, and reiterated that the overage in the amount of square footage would have been caught at the time of building permit review if staff had an accurate survey. Nate Isder, Applicant, said the survey the City had on file is what he used to build the new garage and he wasn't trying to hide anything. He stated that the granary was moved onto the site many years ago. He explained that he met with City staff in August to discuss his plans and he started demolition and pouring a new foundation in mid- September before a City inspector asked if the square footage of the granary was included in the total square footage allowed. He said that was the first time he heard about having to include the granary and he never had an opportunity to decide whether to save the granary or to build the new garage. He said he would have chosen to save the granary because he believes it is historic to Golden Valley. He added that he has obviously violated the Zoning Code, but it wasn't his intention, he was unaware that the granary was supposed to be included in the total square footage. Nelson asked the applicant how long he has owned the house. Isder said four years. Perich asked how old the house is. Isder said the house was moved to the site in 1952 and he thinks it was built in 1944. Maxwell asked the applicant if he had to make a choice if he would choose to remove the granary. Isder said he would rather not see the granary go, but it would not be economical for him to remove the new garage. Nelson asked the applicant if he had known that the granary was supposed to be included in the total square footage amount if he would have built a smaller garage. Isder said he wouldn't have even built a new garage because the size it is now is just big enough to store his work trucks in. Perich opened the public hearing. Joan Peters, 407 Turners Crossroad, said this property used to be a farm before it was divided into single family lots in the 1950s. She gave a history of the area and the houses and said this granary is one of the last pieces of a farm left in Golden Valley. She stated that the granary was probably built in the 1920s and she considers this farm building an important piece of history and she would hate to see something happen to it if it isn't bothering anybody. Tim Parsons, 5550 Woodstock Avenue, said the granary is a cool building and the City would be really losing something to tear it down. He said he doesn't know what would be gained by tearing it down and when the size and scale of the lot and structures are considered it's not any different than other properties with a smaller shed. Minutes of the Golden Valley Board of Zoning Appeals October 27, 2015 Page 3 Jim Murphy, 5610 Woodstock Avenue, said he is friends with a person who grew up in this house and he was a kid when the granary was moved in. He stated that the granary is built like a grain elevator and he is in favor of letting the applicant keep it. Evan Reminick, 5536 Loring Lane, said he supports the applicant's proposal. Seeing and hearing no one else wishing to comment, Perich closed the public hearing. Nelson explained that the Board tries to be consistent when granting variances. She said she thinks the unique circumstance in this case is that the granary is kind of a historic building and it was not built by the landowner. Perich said the use is reasonable and he agrees the granary is unique but he struggles with the criteria that it was not caused by the landowner. Maxwell said he thinks there was an innocent mistake and the applicant did adjust the size of the new garage to meet what he thought were the requirements and the granary is historical. Johnson said he agrees that a mistake was made on a 50 year old survey and there was a miss on the City's part and on the builder's part. He said the granary could be moved, but there are a lot of sheds in the back yards of the properties around this one so he doesn't think the granary is causing an impact to the area. MOVED by Maxwell, seconded by Orenstein and motion carried unanimously to approve the variance request to allow 339 sq. ft. more than the allowed 1,000 square feet of accessory structure space for a total of 1,339 square feet of accessory structure space. 4301 Woodstock Avenue Gonyea Homes, Applicant Request: Waiver from Section 11.21, Single Family Zoning District, Subd. 11(A)(1) Front Yard Setback Requirements • 4.9 ft. off of the required 35 ft. to a distance of 30.1 ft. at its closest point to the front yard (east) property line. Purpose: To allow for the construction of a new home. Goellner referred to a survey of the property and explained that the applicant is proposing to tear down the existing home and construct a new home on the lot. She noted that the proposed new home would be located 30.1 feet at its closest point to the front yard (east) property line rather than the required 35 feet. The existing home is 30.5 feet at its closest point to the front yard (east) property line. Minutes of the Golden Valley Board of Zoning Appeals October 27, 2015 Page 4 She stated that the applicant has said the unique circumstances in this case are that this is a corner lot requiring two front yard setbacks and that there is a large front yard and a small back yard. She said staff is recommending approval of the requested variance. Perich asked if the proposed new home meets the setback requirements on the west side of the property. Goellner said yes. Maxwell asked about the distance from the property line to the street along the east side of the property. Goellner said there is approximately 20 feet between the property line and the street. Johnson questioned why the house couldn't be built within the buildable area. Bill Coffman, Gonyea Companies, representing the applicant, explained that the main reason in moving the house forward (north) on the lot is to save the trees in the back yard and to not have such a small back yard. He stated that the proposed new house could have been flipped the other direction on the lot but that would have been more impactful to the neighboring property. Johnson asked why the width of the house couldn't be reduced. Coffman said it is not a large house and they are proposing an end loading garage to help with the width issue. Perich asked about the size of the proposed house. Coffman said it will be a two story home with a finished basement and will be approximately 4,200 square feet in size. Perich opened the public hearing. Seeing and hearing no one wishing to comment, Perich closed the public hearing. Nelson said she is sympathetic to corner lots. She stated that the proposed house is not impacting the Ardmore side of the property and that turning it would have more impact on the neighboring property. She said it is in harmony with the intent and purposes of the ordinances, it's consistent with the Comprehensive Plan, it's a reasonable use of the property, and it will improve the character of the neighborhood, so she is supportive of the requested variance. Perich agreed. Johnson stated that the applicants are starting with a blank slate and that the Board hasn't been presented any other options or good reasons why a house can't be built within the confines of the rules. Maxwell said they are trying to preserve trees and the back yard space. Nelson reiterated that putting the house in a different direction would have more of an impact on the neighboring property. Johnson said he thinks the new house could be narrower. Coffman stated that the standard size of three-stall garage is 33 ft. x 24 ft. in size so they can't make the house narrower. Goellner added that the proposed garage will be 23.5 ft. deep. Johnson agreed that if the Board didn't grant the requested variance the garage would be substandard. MOVED by Nelson, seconded Maxwell and motion carried unanimously to approve the variance request for 4.9 ft. off of the required 35 ft. to a distance of 30.1 ft. at its closest point to the front yard (east) property line to allow for the construction of a new home. Minutes of the Golden Valley Board of Zoning Appeals October 27, 2015 Page 5 2601 Noble Avenue North Independent School District#281, Applicant Request: Waiver from Section 11.46, Institutional Zoning District, Subd. 7 Yard Requirements • 20 ft. off of the required 50 ft. to a distance of 30 ft. at its closest point to the side yard (south) property line. Purpose: To allow for the construction of an addition on the south end of the existing building. Goellner referred to a site plan of the property and explained the applicant's proposal to construct an addition on the south end of the existing building. The proposed addition would be located 30 ft. from the south property line rather than the required 50 ft. She stated that the applicant has said that the unique circumstances in this case are that they would like to retain the rectangular shape of the building, and constructing to the west would impede on the existing play area. Goellner stated that staff is recommending denial of the variance request and would like the applicant to further explore options on the west side of the building in order to reduce the impact on the single family homes to the south. Maxwell asked about the possibilities of an addition on the north side of the building. Goellner said there is a driveway and parking on the north side and that staff would rather see an addition on the west side of the building. Perich asked if the south side of the existing building is located right at the 50 ft. setback line. Goellner said there is approximately 5 to 7 feet between the building and the setback line along the south. Maxwell asked if the applicant would have to pay another application fee to apply for a different variance. Goellner stated that if the Board denies this variance request, rather than tabling it, the applicant would have to re-apply and pay the application fee again. Paul Aplikowski, Wold Architects, representing the applicant, stated that there have been many options discussed and considered. He stated that they have considered building an addition out to the front, but they would have to demolish two big bathrooms at significant expense. Building an addition on the back of the building would impede on the existing playground and it would be impractical to construct on the north side because they would need to construct a retaining wall. Perich asked the applicant if they had considered building a second story. Aplikowski said they would then need to add elevators. Minutes of the Golden Valley Board of Zoning Appeals October 27, 2015 Page 6 Nelson asked the applicant if they had considered building an addition on the west side of the property. Aplikowski said the new addition would have to be entered through the cafeteria if they built on the west side of the building. Orenstein said he would like to see plans for an addition that meets the setback requirements. Maxwell and Perich agreed. Aplikowski said he believes he could create a plan that meets the setback requirements, however the plans submitted are the School District's first choice and what they feel is the highest and best use of the property. Johnson said he would like to know the existing configuration of the inside of the building as well. MOVED by Maxwell, seconded by Orenstein and motion carried unanimously to table this variance request to the November 24, 2015, Board of Zoning Appeals meeting in order to review other options for this property. 1319 Tyrol Trail Dan & Sheila Broughton, Applicants Request: Waiver from Section 11.21, Single Family Zoning District, Subd. 11(A)(1) Front Yard Setback Requirements • 12.1 ft. off of the required 35 ft. to a distance of 22.9 ft. at its closest point to the front yard (west) property line. Purpose: To allow for the construction of a porch addition. Request: Waiver from Section 11.21, Single Family Zoning District, Subd. 11(A)(3) Side Yard Setback Requirements • 1 ft. off of the required 15 ft. to a distance of 14 ft. at its closest point to the side yard (south) property line. Purpose: To allow for the construction of a porch addition. Goellner referred to a survey of the property and explained the applicant's request to construct a 10 ft. x 12 ft. porch addition on the southwest side of their home. She explained that this property received variances in 2012 to allow for a bedroom and porch addition on the west side of the property which was never built. In 2015, variances were granted to allow for a garage addition on the east side of the property and a porch addition on the south. Neither one of these additions have been built yet, but the variances don't expire until May 2016. She stated that the applicant has said the unique circumstances with this property are that it is a triangular shaped, corner lot, the topography of the lot reduces the buildable area, and a variance would be required for nearly any addition built on this property. She stated that staff agrees with the applicants stated unique circumstances and is recommending approval of the requested variances. Minutes of the Golden Valley Board of Zoning Appeals October 27, 2015 Page 7 Jennifer Christiaansen, U+B Architects, representing the applicant, stated that this site is very challenging and the owner wants a small outdoor space. She said they feel that 120 square feet is a reasonably sized porch. She stated that the pie shaped lot and buildable area are unique circumstances. She said they are trying to maintain the character of the area and that the circumstances in this case are not caused by the landowner. She added that the variance they are asking for at this time will be smaller than the variance granted in 2012. Perich opened the public hearing. Seeing and hearing no one wishing to comment, Perich closed the public hearing. Nelson said she thinks this a uniquely shaped lot with a lot of unique circumstances. Perich agreed and said he thinks they have fully vetted all of their options. MOVED by Nelson, seconded by Perich and motion carried unanimously to approve the following variances to allow for the construction of a porch addition • 12.1 ft. off of the required 35 ft. to a distance of 22.9 ft. at its closest point to the front yard (west) property line. • 1 ft. off of the required 15 ft. to a distance of 14 ft. at its closest point to the side yard (south) property line. 3107 Lee Avenue North Joshua A. Counihan, Applicant Request: Waiver from Section 11.21, Single Family Zoning District, Subd. 11(A)(2) Front Yard Setback Requirements • 1.33 ft. off of the required 35 ft. to a distance of 33.67 ft. at its closest point to the front yard (east) property line. Purpose: To allow for the construction of a new garage. Request: Waiver from Section 11.21, Single Family Zoning District, Subd. 11(A)(3)(a) Side Yard Setback Requirements • 7.74 ft. off of the required 15 ft. to a distance of 7.26 ft. at its closest point to the side yard (south) property line. Purpose: To allow for the construction of a new garage. Request: Waiver from Section 11.21, Single Family Zoning District, Subd. 11(D) Side Wall Articulation Requirements 9 City Code requires any wall longer than 32 feet in length to be articulated. Minutes of the Golden Valley Board of Zoning Appeals October 27, 2015 Page 8 The applicant is asking that the proposed new south wall of the garage be 36 feet in length without articulation. Goellner referred to a survey of the property and explained the applicant's request to construct a new 26 ft. x 36 ft. garage on the south side of the existing home. She stated that the applicant has said the unique circumstance in this case is the limited buildable area to the south. She stated that staff acknowledges that the buildable area for a second stall is limited, however staff is recommending denial of the requested variances and would like to recommend that the garage be 24 ft. x 24 ft. in size rather than the proposed 26 ft. x 36 ft. Maxwell noted that the proposed garage could be moved further back on the lot so a front yard variance wouldn't be needed. Goellner stated that the applicants are proposing the location of the front of garage where they have because they would like it to line up with a future front porch addition. Johnson stated that the proposed garage could be built closer to the front yard property line without requiring a variance. Nelson asked the applicants if a 24 ft. x 32 ft. garage would work for them. Joshua Counihan, Applicant, stated that they are trying to avoid building a shed which would cause them to have to remove trees. Nelson noted that a 32 ft. deep garage is still larger than a standard two-stall garage. Perich agreed that the proposed garage size is very large. Maxwell said he would like to applicant to be able to build a two-stall garage without such large variances. Johnson added that the applicant could still build a 36 ft. deep garage, he would just have to articulate the wall after 32 ft. in length. Goellner stated that if a 24 ft. x 24 ft. garage is allowed the variance for the side yard would be amended to 5.74 ft. off of the required 15 ft. to a distance of 9.26 ft. at its closest point to the side yard (south) property line. Perich opened the public hearing. Seeing and hearing no one wishing to comment, Perich closed the public hearing. MOVED by Maxwell, seconded by Johnson and motion carried unanimously to approve a variance for 5.74 ft. off of the required 15 ft. to a distance of 9.26 ft. at its closest point to the side yard (south) property line to allow for the construction of a new garage. MOVED by Maxwell, seconded by Perich and motion carried unanimously to deny the following variance requests: • 1.33 ft. off of the required 35 ft. to a distance of 33.67 ft. at its closest point to the front yard (east) property line. The proposed new south wall of the garage would be 36 ft. in length, (rather than the allowed 32 ft.) without articulation. III. Other Business Minutes of the Golden Valley Board of Zoning Appeals October 27, 2015 Page 9 No other business was discussed. IV. Adjournment The meeting was adjourned at 8:36 pm. David Perich, Chair Lisa Wittman, Administrative Assistant MINUTES City o f� Human Rights Commission (HRC) f Golden Valley City Hall 7800 Golden Valley Road golden Golden Valley, Minnesota 55427 vallk, . Manager's Conference Room February 23, 2016 Commissioners present: Carla Johnson, Chair Adam Buttress Teresa Martin Michael Pristash Nabil Pruscini Andrew Ramlet Commissioners absent: Jonathan Burris, Vice Chair Susan Phelps City Council Members: Larry Fonnest Guests: Andi Egbert, Assistant Director, MN State Demographic Center, MN Department of Administration Phil Lund, Golden Valley Community Foundation Dee Otto, New Hope Human Rights Commission Dean Penk, Golden Valley Community Foundation Staff: Chantell Knauss, Assistant City Manager The meeting was convened at 6:39 pm by Chair Johnson. Everyone introduced themselves. APPROVAL OF AGENDA Motion by Commissioner Martin, second by Commissioner Pristash to approve the agenda with the following additions: League of MN Cities HRCs Membership Dues and Questionnaire. Motion carried 6-0. PRESENTATION BY STATE DEMOGRAPHER'S OFFICE AND DISCUSSION Ms. Andi Egbert, Assistant Director, MN State Demographic Center of the MN Department of Administration presented information on the topic areas of: Population Shifts, Aging Trends, and Growing Diversity. Everyone in attendance expressed high interest in the information presented by Ms. Egbert and was active in asking questions and providing comments. Ms. Egbert's presentation to the Golden Valley HRC can be found be found at: http://mn.gov/admin/images/ae-golden-valley-human-rights- commission-feb2016-post.pdf. APPROVAL OF JANUARY 28, 2016 REGULAR MEETING MINUTES Motion by Commissioner Martin, second by Pristash to approve the January 28, 2016 minutes. Motion carried 6-0. Human Rights Commission February 23,2016 Meeting Minutes Page 1 of 3 APPROVAL OF PAYMENT OF CLAIMS Motion by Commisioner Pristash, second by Commissioner Ramlet to approve payment of $579.62 to Rapit Printing for HRC magnets and $100 to the Minnesota League of Human Rights Commissions for 2016 annual membership dues. Motion carried 6-0. COUNCIL UPDATES 2015 Annual Report and 2016 Work Plan All HRC Commissioners are invited to join Chair Johnson at the City Council/Manager Meeting on Tuesday, March 8, 2016 at 6:30 pm when the Commission's 2015 Annual Report and 2016 Work Plan will be presented. For the 2016 Work Plan, it was the consensus of the Commission to have a series of three articles in the City's bi-monthly newsletter, the City News. Each of the articles would focus on the three topics presented by Ms. Egbert: Population Shifts, Aging Trends, and Growing Diversity. If possible, the Commission would like the articles to be a full page and include some of the graphs from Ms. Egbert's presentation, to run in consecutive newsletters. Knauss will work with Communications staff on the timing of the City News articles. The HRC also discussed possibly having a forum or panel discussion in Fall 2016 or early 2017 to follow-up on the City News articles. Golden Valley Guiding Principles Motion by Commissioner Pristash, second by Commissioner Pruscini to table the Guiding Principles to the March meeting to allow more time for Commissioners to review the document. Motion carried 6-0. OLD BUSINESS Golden Valley Gay Pride Festival Event Update Council Member Fonnest expressed the Festival planning committee's appreciation of the HRCs support of their efforts. However, because the Festival is considered a private event, the HRC will not be able to donate $500, as was actioned at their January 2016 meeting. He further explained that public funds, which the HRCs budget comes from general City tax dollars, cannot be donated in this manner. He did encourage the HRC to use their funds to sponsor a workshop or speaker, which could be held during the time of the Festival. Council Member Fonnest explained varies organizations in the Golden Valley faith community have expressed interest in being involved with the Festival and committing funds. The Festival will also continue to seek out other funding sources. The official name of the event is Golden Valley Gay Pride Festival: Celebrating Community, Family & Friends. The planning committee continues to work with the tentative date of Sunday, June 12. The goal for the event is to be very family-friendly with inflatable bounces, food trucks, and other family-friendly activities. The planning committee is also having discussions with a local business who has expressed interest in hosting an event on the evening of Saturday, June 11. NEW BUSINESS League of Minnesota Human Rights Commissions Questionnaire Motion by Commissioner Pristash, second by Commissioner Ramlet to table discussion of Question #8 (How can the League assist your commission in 2016?) on the League of MN Human Rights Commissions questionnaire to the March meeting. Motion carried 6-0. NEXT MEETING There was discussion on whether or not there may be a quorum for the next regularly scheduled meeting on March 22, 2016 and if an alternate date would work better for attendance. Motion by Commissioner Pristash, second by Commissioner Buttress to re-schedule the March meeting to Thursday, March 31 at 6:30 pm. Motion carried. Human Rights Commission February 23,2016 Meeting Minutes Page 2 of 3 ADJOURN Motion by Commissioner Burris, second by Commissioner Martin to adjourn the meeting at 8:56 pm. Motion carried 5-0. Follow-up Items: • Knauss will work with Communications staff on the timing of the City News articles. Carla Johnson, Chair ATTEST: Chantell Knauss, Staff Liaison Approved by HRC: ,2016 Human Rights Commission February 23,2016 Meeting Minutes Page 3 of 3 Cr , , � (tem 4A BCWMC 3-I?-16 Bassett Creek Watershed Management Commission Minutes of Regular Meeting February 18,2016 Plymouth City Hall,8:30 a.m. Commissioners and Staff Present: Crystal Commissioner Guy Mueller, Vice Chair Plymouth Alternate Commissioner David Tobelmann Golden Valley Commissioner Stacy Hoschka, Treasurer Robbinsdale Alternate Commissioner Michael Scanlan Medicine Lake Alternate Commissioner Gary Holter St. Louis Park Not represented Minneapolis Commissioner Michael Welch Administrator Laura Jester Minnetonka Commissioner Jacob Millner Attorney Troy Gilchrist,Kennedy&Graven New Hope Commissioner John Elder Engineer Karen Chandler and Jeff Weiss, Barr Engineering Technical Advisory Committee (TAC)Members/Other Attendees Present: Derek Asche,TAC, City of Plymouth Jane McDonald Black,Alternate Commissioner,City of Golden Valley Erick Francis,TAC,City of St. Louis Park Pat Crough,Alternate Commissioner, City of New Hope Jeff Oliver,TAC,City of Golden Valley Bob Paschke and Chris Long,TAC,City of New Hope Richard McCoy, TAC,City of Robbinsdale Tom Mathisen, Resident,City of Minnetonka Tom Dietrich, TAC, City of Minnetonka Robert White,Jere and Mary Gwen Lenth, Friends of Northwood Lake 1. CALL TO ORDER AND ROLL CALL On Thursday, February 18, 2016, at 8:35 a.m. in the Medicine Lake Room at Plymouth City Hall,3 400 Plymouth Boulevard, Vice Chair Mueller(in Chair de Lambert's absence)called to order the meeting of the Bassett Creek Watershed Management Commission(BCWMC)and asked for roll call to be taken [City of St. Louis Park absent from roll call]. 2. CITIZEN FORUM ON NON-AGENDA ITEMS There were no comments from citizens attending the meeting. Vice Chair Mueller noted that since the Commission had last met, former legal counsel to the Commission, Charlie LeFevere, had passed away. Several Commissioners and staff offered remembrances about Mr. LeFevere. 1 BCWMC February 18, 2016, Meeting Minutes 3. AGENDA MOTION: Commissioner Elder moved to approve the agenda.Alt. Commissioner Scanlan seconded the motion. Upon a vote,the motion carried 8-0 [City of St. Louis Park absent from vote]. 4. CONSENT AGENDA Commissioner Welch asked that item 4F Approval to Designate Finance and Commerce as the Official News Publication of the BCWMC be removed from the consent agenda. MOTION: Commissioner Welch moved to approve the consent agenda as amended. Commissioner Elder seconded the motion. Upon a vote,the motion carried 8-0 [City of St. Louis Park absent from vote]. [The following items were approved as part of the consent agenda:the January 21, 2016,C ommission Meeting Minutes, the FY2015 Year End Financial Report,the February 2016 Financial Report,the payment of invoices, Resolution 16-03 Designating Depositories for Bassett Creek Watershed Management Commission Funds, Request for Reimbursement from City of New Hope for Northwood Lake Water Quality Improvement Project (NL-1), Agreement with Metropolitan Council for 2016-2017 Watershed Outlet Monitoring Program, 2016 Northwood Lake Improvements,New Hope,Agreement with Hennepin County for 2016 River Watch Program]. The general and construction account balances reported in the Fiscal Year 2015 Year End Financial Report are as follows: Checking Account Balance $629,992.43 TOTAL GENERAL FUND BALANCE $629,992.43 TOTAL CASH& INVESTMENTS ON-HAND (2/10/16) $3,493,496.41 CIP Projects Levied—Budget Remaining ($3,335,710.58) Closed Projects Remaining Balance $157,785.83 2012-2014 Anticipated Tax Levy Revenue $6,668.33 2015 Anticipated Tax Levy Revenue $1,499.07 Anticipated Closed Project Balance $165,953.23 5. ORGANIZATIONAL MEETING A. Appoint Officers Vice Chair Mueller asked if any Commissioners were interested in holding a Commission office. He noted that he was willing to remain as Vice Chair and that at the January meeting, Chair de Lambert expressed interest in remaining as Chair(if there were no other Commissioners interested in the position). Commissioner Hoschka noted she was willing to remain as Treasurer. Commissioner Millner advised the group that he would be leaving the Commission when the City of Minnetonka can find a replacement for him. 2 BCWMC February 18, 2016, Meeting Minutes He noted given that information, he should not be elected as Secretary. Administrator Jester reminded the group that the positions of Secretary and Treasurer can be combined into one position per the Commission bylaws. Commissioner Welch nominated Commissioner Hoschka as Secretary/Treasurer. Commissioner Hoschka accepted the nomination. Vice Chair Mueller called for additional nominations of officers. MOTION: Commissioner Welch moved to elect the slate of officers including de Lambert as Chair, Mueller as Vice Chair,and Hoschka as Secretary/Treasurer. Alt. Commissioner Scanlan seconded the motion. Upon a vote,the motion carried 7-0. [City of St. Louis Park absent from vote] B. Review 2016 Commission Calendar and Areas of Work Administrator Jester reviewed the Commission calendar, noting that it was not an exhaustive list of items the Commission will be considering this year, but included items that would come before the Commission over the course of the year. She also reviewed the various Commission committees and the work they would be concentrating on this year and approximate timing of meetings. There was some discussion about if a certain committee should discuss water quality monitoring activities of the Commission. It was noted that would be included as a discussion item during the presentation of 2015 monitoring results at the March meeting and would also be considered by the budget committee. C. Appoint Committee Members The following Commissioners and others volunteered for the various Commission committees(noted below). Administrator Jester noted that committees could add and subtract members over the course of the year. She noted the Aquatic Plant Management/Aquatic Invasive Species(APM/AIS)committee would likely meet monthly during the year. Administrative Services Committee: Commissioners/Alt. Commissioners de Lambert,Mueller, Hoschka, Crough, Black,Tobelmann Budget Committee: Commissioners/Alt. Commissioners de Lambert, Mueller, McDonald Black,Black Education Committee: Commissioners/Alt. Commissioners Hoschka, Black,Tobelmann,and former Commissioner Dan Johnson APM/AIS Committee: Commissioners/Alt. Commissioners Hoschka, Carlson, Welch, Black, Tobelmann, TAC members Tom Hoffman(Golden Valley), Derek Asche(Plymouth), Commission Engineers D. Review Year End Financial Status(Fiscal Year 2015) Administrator Jester reported that the year-end financial statement(found in Item 413) shows some areas to be over budget and others to be under budget. She noted that in addition to the$5,114 remaining in the operating budget account,another approximately$18,000 will be reimbursed to the Commission for work done in 2015 with regards to the Blue Line and Southwest Light Rail Transit lines and the modeling of the tunnel (to be partially paid by the City of Minneapolis). Administrator Jester listed some items and issues that pushed the water quality monitoring budget well over budget including unanticipated meetings and review of the bacteria and chloride TMDLs,the new species of plant found in Westwood Lake,and the development of water quality content and graphs for the new website. There was some discussion about why the Commission does not include a contingency line item and how the "surveys and studies"line item is used for unanticipated tasks similarly to a contingency fund. 3 BCWMC February 18, 2016, Meeting Minutes E. Review Open Meeting Law Administrator Jester and Legal Counsel Gilchrist briefly reviewed the general provisions of the open meeting law,reminding Commissioners, in particular, not to get involved in a discussion via email. Legal Counsel Gilchrist recommended that Commission committees follow the open meeting law including being properly noticed. He also noted that comments via social media are not considered to be covered by open meeting law, unless a discussion is occurring via private messaging. 6. BUSINESS V.(from consent agenda)Approval to Designate Finance and Commerce as the Official News Publication of the Bassett Creek Watershed Management Commission Commissioner Welch noted that the Finance and Commerce publication is not used by regular citizens to find information about upcoming meetings or other items. He suggested that the Commission research alternatives including the Star Tribune which is expensive but covers the entire watershed. Staff was directed to bring options back to the March Commission meeting. A. Review Draft Feasibility Study for Plymouth Creek Restoration Project(2017CR-P) Commission Engineer Weiss provided an overview of the feasibility study for this project through a PowerPoint presentation. He reported that several site visits had been conducted,resulting in the identification of 21 sites in need of repair or restoration.He noted that many different groups provided input to the study including residents,Plymouth Water Resources and Parks staff,the MDNR,the U.S.Army Corps of Engineers,and the Commission Administrator. Commission Engineer Weiss described the three different reaches within the project area,reported on the recommended restoration techniques within each reach,and noted the estimated pollutant load reductions of 52.2 lbs of total phosphorus and 90,800 lb of total suspended sediment per year. He reported the estimated design and construction cost(including contingencies) is $766,000. He noted the cost estimate is about$275/linear foot which is within the range of recent past projects. There was much discussion about how to improve conditions within the disc golf course in Reach 1. Commission Engineer Weiss and Commissioners noted it would be advantageous if a vegetated buffer could be established along the creek but they also recognized the difficulty in keeping disc golfers from trampling newly planted areas. Mr. Asche noted that the Plymouth Parks Department is open to realigning some golf fairways or pins to help keep players away from the stream. There was further discussion about whether or not Commission funding should be used for buffers that ultimately won't stay in place. It was noted the high potential for education of citizens in the park due to high park user numbers. It was suggested that perhaps one location along the stream could include a buffer as a demonstration area to see if the buffer strategy works over time. There was also a suggestion to work with the disc golf association and scouts or other groups for building and maintaining structures to keep golfers out of vegetation.There was also discussion about reducing the amount of runoff from the park parking lot to the stream,which Mr.Asche said might be accomplished in the future with park redevelopment. There was consensus that the feasibility study should include a vegetated buffer within the golf course in order to budget an appropriate amount,acknowledging that as the project moves into the design phase,more conversations can be had with the-Plymouth Parks Department and others about the true feasibility and placement of buffers. There was some discussion about the use of toe wood as a restoration technique and its benefits to stream biological life.There was consensus that information should be included in the feasibility study. 4 BCWMC February 18, 2016, Meeting Minutes MOTION: Commissioner Welch moved to approve the Feasibility Study for the Plymouth Creek Restoration Project with minor revisions noted during the discussion and direction to staff to bring a memo back to the Commission noting revisions made to the Study and access to the full and final Study online.Alternate Commissioner Scanlan seconded the motion. Upon a vote,motion carried passed 8-0. [City of St. Louis Park absent from vote] B. Consider Approval of Northwood South Area Infrastructure Improvements,New Hope i. Commission Engineer Project Review Memo and Project Map ii. Letter from City of New Hope Regarding Treatment Options for Linear Projects Commission Engineer Chandler described the proposed project in New Hope, noting that it is a street reconstruction project that also involves improvements to water,sanitary sewer,and storm sewer in an area that drains to Northwood Lake from the south. She reported that it is a linear project that proposes to reconstruct more than one acre of impervious surface,so the Commission's new water quality requirements (MIDS)need to be met. Commission Engineer Chandler reported that due to the lack of space and clay soils, the infiltration requirement could not be met, leading the city to follow the MIDS flexible treatment options to improve water quality. The City is proposing to construct underground filtration trenches with iron enhanced media to provide water quality treatment. This practice will meet most of the MIDS flexible treatment option #2. She noted the City is requesting to use a portion of the pollutant removal capacity of the nearby Jordan Pond, part of the Commission's Northwood Lake CIP project. She reminded the Commission that at the December meeting, a similar request came from the City of Golden Valley with regards to the Douglas Drive Project. Commission Engineer Chandler recommended approval of the Northwood South Area Infrastructure Improvement Project,with conditions noted in the Engineer's memo and recommended the Commission allow the City to take credit for up to 2 1.1%of the pollutant removal capacity in Jordan Pond,the same percentage the City is contributing in funding to the CIP project. Mr. Paschke reported that the City of New Hope recently purchased a new street sweeper and is increasing its frequency of sweeping in the neighborhood adjacent to Northwood Lake. He noted this activity is not captured in the pollutant removal calculations for the project. Commissioner Welch expressed his strong opposition to a change in the premise under which cities and the Commission partner on CIP projects. He indicated that, in his opinion, it is a mistake to use watershed-wide CIP funding to help cities meet water quality requirements. He noted that he would rather consider a variance to the requirements than approve this request. Mr. Long described the burden that fully developed cities(with clay soils)have to meet MIDS on linear projects with little or no space. Mr. Oliver concurred.Mr. Long noted the letter provided in 613ii lays out the issues and requested that the TAC discuss this issue at a future meeting. There was further discussion between Administrator Jester and Commissioner Welch regarding the current precedent of allowing cities to take partial credit for CIP projects. They agreed to discuss the item further in the future. MOTION: Commissioner Hoschka moved to approve the Northwood South Area Infrastructure Improvement Project with Commission Engineer's comments. Commissioner Elder seconded the motion. A roll vote was taken. Crystal Aye Golden Valley Aye Medicine Lake Aye Minneapolis No Minnetonka Aye 5 BCWMC February 18, 2016, Meeting Minutes New Hoe Aye Plymouth Aye Robbinsdale Aye St. Louis Park Absent Upon the vote,the motion carried 7-1. [City of St. Louis Park absent from vote] C. Items Related to Northwood Lake Water Quality Improvement Project(NL-1) i. Consider Approval of Clean Water Fund Grant Agreement for Northwood Lake Water Quality Improvement Project MOTION: Alternate Commissioner Scanlan moved to approve the Clean Water Fund grant agreement with the Minnesota Board of Water and Soil Resources for the Northwood Lake Water Quality Improvement Project. Alternate Commissioner Tobelmann seconded the motion. Upon a vote,the motion carried 8-0. [City of St. Louis Park absent from vote] ii. Direct Staff to Develop Subgrant Agreement with City of New Hope to Implement Clean Water Fund Grant Administrator Jester reported the Commission should enter into a subgrant agreement with the City of New Hope to implement the provisions of the Clean Water Fund grant(similar to the subgrant agreement approved for implementation of the 2015 Clean Water Partnership grant.) MOTION: Alternate Commissioner Scanlan moved to direct Commission staff to develop a subgrant agreement with the City of New Hope and to approve the execution of the agreement by Commission officers. Commissioner Welch seconded the motion. Upon a vote,the motion carried 8-0. [City of St. Louis Park absent from vote] iii. Consider Amendment to Agreement with City of New Hope for Design and Construction of Project Administrator Jester reported that the City of New Hope had received bids for the Northwood Lake Improvement Project that were considerably higher than budgeted. She reported that since the meeting materials had gone out, she had revised her recommendation regarding this item and directed Commissioners to the materials distributed at the meeting. She walked through a table of figures showing the estimated costs and contributions for the Northwood Lake CIP project as they existed in August 2015 when the initial agreement with the City was approved compared to project costs and contributions as they exist now. (She noted the higher construction costs and the addition of the Clean Water Fund grant.) Administrator Jester recommended that the City and the Commission contribute additional funding to the project at the same pro-rated amount as initially approved, and that the City's contribution be lowered by the same percentage due to the Clean Water Fund grant(as was a provision in the initial agreement). She reported the city contribution would total $276,400 rather than the$300,000 initially approved. She recommended an amendment to the agreement with the City of New Hope to reflect these changes. MOTION: Alternate Commissioner Scanlan moved to approve the amendment to the cooperative agreement with the City of New Hope for the Northwood Lake Improvement Project. Commissioner Millner seconded the motion. There was discussion(below). Following discussion and upon a vote, the motion carried 7-1. [City of St. Louis Park absent from vote] DISCUSSION: Commissioner Mueller suggested that the Administrative Services Committee 6 BCWMC February 18, 2016, Meeting Minutes consider a policy to determine a consistent approach to handling CIP projects that are over budget. Mr. Long expressed concern that as written,the agreement doesn't allow the City to realize any financial benefit if the project ends up coming in under budget. Commissioner Welch indicated that future cooperative agreements should not allow cities to take credit for pollutant removals. [Commissioners Elder,Hoschka,Millner depart the meeting. Alternate Commissioners Crough and McDonald Black assume voting positions for New Hope and Golden Valley, respectively.] D. Consider Approval of Resolution Delegating Wetland Conservation Act Decisions Commission Engineer Chandler reminded the Commission that at their meeting in January,the Commission reviewed options for Wetland Conservation Act(WCA)decisions for cities where the Commission has WCA authority. She reported that at that meeting,there was consensus that the Commission would delegate WCA authority for certain decisions to Commission staff and retain other authority for other decisions. She noted the resolution included with meeting materials formalizes that decision. Commissioner Welch requested that the phrase"or their respective designees"be removed from the resolution. Commission Legal Counsel Gilchrist agreed that was fine. The Commission Engineer noted two grammatical edits needed in the resolution. MOTION: Commissioner Welch moved to approve Resolution 16-04 with revisions. Alternate Commissioner McDonald Black seconded the motion. Upon a vote,the motion carried 7-0. [Cities of St. Louis Park and Minnetonka absent from vote.] E. Receive Update on 2017 Main Stem Erosion Repair Project(2017CR-M) Administrator Jester reported that all four of the right of entry agreements needed to complete the Phase II environmental assessment were acquired. She also noted she would be giving a presentation on the project to the Redevelopment Oversight Committee on February 2"d. She indicated the draft feasibility report would likely come to the Commission at their April meeting. 7. COMMUNICATIONS A. Administrator: No comments aside from written report in meeting packet. B. Chair: No comments C. Commissioners: i. Alternate Commissioner Scanlan reported on his attendance at the Road Salt Symposium. D. TAC Members: i. Mr. Francis reported that the TAC met on February 5`h to continue developing draft policies for the responsibilities and funding options for long term maintenance of the Flood Control Project and the 5-year CIP. He said that the TAC will continue to discuss this at its March 3 meeting. E. Committees: No Committee Communications F. Legal Counsel: Legal Counsel Gilchrist reported that Charlie LeFevere enjoyed working with the Commission. G. Engineer: i. Engineer Chandler reported that work continues on the XP-SWMM model. 7 BCWMC February 18, 2016, Meeting Minutes 7. INFORMATION ONLY (Available at http://www.bassettereekwmo.org/Meetings/2016/2016- February/2016Febru a ryMeetingPacket.htm) A. CIP Project Update Chart B. Grant Tracking Summary and Spreadsheet C. Clean Water Partnership Grant—Interim Grant Report D. Hennepin County All-Hazard Mitigation Plan—BCWMC Input E. WMWA December 2015 Minutes F. 2014 Report on Citizen Assisted Monitoring Program(available on Met Council website) G. 2015 River Watch Report H. Wetland Conservation Act Notice of Application—Plymouth City Flats,Plymouth 8. ADJOURNMENT Vice Chair Mueller adjourned the meeting at 11:15 a.m. Signature/Title Date Signature/Title Date 8 city 0�f golden MEMORANDUM alley Physical Development Department 763-593-8095 f 763-593-8109(fax) Executive Summary For Action Golden Valley City Council Meeting April 5, 2016 Agenda Item 3. E. 1. Purchase Galaxy Radio Transmitter RTR Modules for Water Meter Reading System Upgrade Prepared By Bert Tracy, Public Works Maintenance Manager Joe Hansen, Utility Maintenance Supervisor Summary Golden Valley Public Works is in the process of upgrading the water meter reading system to the new Galaxy Fixed Base Meter Reading System. Wireless Galaxy transmitter modules will be installed on every water meter throughout the City of Golden Valley. Purchase and installation of the Galaxy radio module is required to read the water meters in the fixed base meter reading system. The Galaxy radio transmitter module upgrades are an integral part of the radio meter reading system. The purchase of the transmitter modules will be funded by the Water and Sanitary Sewer Enterprise Account (W&SS-063, page 96) as listed in the 2016-2020 Capital Improvement Program. Public Works staff has received quotes from Metering and Technology Solutions and National Meter and Automation, Inc. The price quotes per RTR Galaxy Module and total cost for the purchase of 300 units are listed below. Vendor Price per Unit Units Total Cost Metering Technology Solutions $195.00 300 $58,500 National Meter & Automation, Inc. $222.00 300 $66,600 Recommended Action Motion to approve purchase of 300 Galaxy radio transmitter RTR Modules from Metering Technology and Solutions for a cost of$58,500.00 city 0 golden MEMORANDUM ay0 11ePhysical Development Department 763-593-80301763-593-3988(fax) Executive Summary For Action Golden Valley City Council Meeting April 5, 2016 Agenda Item 3. E. 2. Purchase of Utility Tractor Prepared By Bert Tracy, Public Works Maintenance Manager Steve Loomis, Vehicle Maintenance Foreman Summary The 2016-2020 Capital Improvement Program (CIP) includes $80,000 for the purchase of one utility tractor for the Park Division (V&E-079, page 34). The utility tractor will be utilized for flail mowing, ice rink maintenance, fall leaf cleanup, and various athletic field maintenance activities. This tractor will be equipped with an eight foot sweepster broom for ice rink maintenance and a rear PTO for 3 - point tractor equipment; such as, leaf blower, roto tiller, grader blade, and landscape rake. Vehicle Condition Index Qualifies for Replacement Needs Immediate Attention 23-27 28 and over Replacing Unit 459: 2001 John Deere Utility Tractor VCI 37 Below is Contract Pricing through National Intergovernmental Purchasing Alliance Company (National IPA). National IPA Contract Item Vendor Amount and Release No. 070313-DAC John Deere 5115 Utility Deere & Company/ $71,938.52 Tractor (100 PTO hp) Minnesota Equipment Sweepster Broom Attachment $11,480.00 Total Purchase $83,418.52 Trade-in Unit 459 (2001 John Deere Utility Tractor and broom) When the ($15,500.00) City receives monies for trade-ins, it is accounted for in the revenue portion of the fund. REMITTANCE TO VENDOR $67,918.52 The purchase of this utility tractor is over budget by $3,418.52. The difference will be paid from the fund balance where savings on other purchases will offset this overage. Recommended Action Motion to approve purchase of the John Deere Utility Tractor from Deere & Company/Minnesota Equipment, Inc. for a total purchase price of$67,918.52. city 0f goldeno MEMORANDUM valley Administrative Services Department 763-593-8013/763-593-3969(fax) Executive Summary For Action Golden Valley City Council Meeting April 5, 2016 Agenda Item 3. F. 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 $30 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 Blum, Ron 05-14 11 am-4 pm Small 04-05-16 Bohl, Kristine 05-14 11 am-4 pm Large 04-05-16 Olsen, Kevin 05-15 11 am-4 pm Large 04-05-16 Frey, Kris 05-20 11 am-10 pm Large 04-05-16 Carr, Christine 05-21 11 am-4 pm Large 04-05-16 Petersen, Brian 05-21 5 pm-10 pm Large 04-05-16 Mulbah, Alvin 05-29 5 pm-10 pm Large 04-05-16 Mandel, Joel 06-03 5 pm-10 pm Large 04-05-16 Sjogren, Lois 06-04 11 am-10 pm Small 04-05-16 Thompson-Burke, Penny 06-05 5 pm-10 pm Small 04-05-16 Kastner, Nancy 06-08 5 pm-10 pm Large 04-05-16 Harwood, Chris 06-11 11 am-10 pm Small 04-05-16 Semelhack, Daniel 06-11 11 am-10 pm Large 04-05-16 Magandy, Nicole 06-16 11 am-10 pm Large 04-05-16 Haidara, Cherno 06-18 5 pm-10 pm Small 04-05-16 O'Brien, Kathleen 06-18 5 pm-10 pm Large 04-05-16 Dauphine, Varfee 06-19 5 pm-10 pm Large 04-05-16 Kastner, Nancy 06-22 5 pm-10 pm Large 04-05-16 Leppik, Peggy 06-24 5 pm-10 pm Large 04-05-16 Bauler, Christine 06-25 11 am-4 pm Large 04-05-16 Kokiro, Naftali 06-25 5 pm-10 pm Small 04-05-16 Igherighe, Roxanne 06-25 5 pm-10 pm Large 04-05-16 Harris, Korto 06-26 5 pm-10 pm Large 04-05-16 Womack, Michelle 07-01 5 pm-10 pm Large 04-05-16 Lewis, Terri 07-03 11 am-10 pm Large 04-05-16 Hendel, Marion 07-04 11 am-4 pm Small 04-05-16 Kastner, Nancy 07-06 5 pm-10 pm Large 04-05-16 Rosenberg, Sarah 07-09 11 am-4 pm Large 04-05-16 Naegele, Wendy 07-14 11 am-10 pm Large 04-05-16 Senst, Edith 07-16 11 am-4 pm Small 04-05-16 Olson, Dale 07-16 11 am-4 pm Large 04-05-16 Upsher, Darrion 07-16 5 pm-10 pm Large 04-05-16 Kelly, Mike 07-17 11 am-4 pm Small 04-05-16 Kastner, Nancy 07-20 5 pm-10 pm Large 04-05-16 Greene, Albert 07-23 11 am-4 pm Small 04-05-16 Canady, Cathy 07-26 11 am-4 pm Large 04-05-16 Turner, Collen 07-30 11 am-10 pm Small 04-05-16 Kastner, Nancy 08-03 5 pm-10 pm Large 04-05-16 Smith, Michael 08-06 11 am-10 pm Large 04-05-16 Bonn, Jessica 08-06 11 am-4 pm Small 04-05-16 Thurmes, Ed 08-11 11 am-10 pm Large 04-05-16 Arvidson, Autumn 08-16 5 pm-10 pm Large 04-05-16 Sommers, Stacy 08-17 11 am-4 pm Large 04-05-16 Kastner, Nancy 08-17 5 pm-10 pm Large 04-05-16 Taylor, Erin 08-18 11 am-4 pm Large 04-05-16 Cooper, Robert 08-20 11 am-10 pm Large 04-05-16 Anderson, Brittany 08-24 5 pm-10 pm Large 04-05-16 Rasmussen, Ann 08-27 11 am-10 pm Large 04-05-16 Banks, Leon 08-28 11 am-10 pm Large 04-05-16 Adolfson & Peterson Construction 09-10 11 am-4 pm Large 04-05-16 city o gotaen1vvrMEMORANDUM valley`y Physical Development Department 763-593-8030/763-593-3988(fax) Executive Summary For Action Golden Valley City Council Meeting April 5, 2016 Agenda Item 3. G. Rescind Resolution 16-15 and Authorize Execution of Flood Damage Reduction Assistance Grant Agreement Prepared By Jeff Oliver P.E., City Engineer Tom Hoffman, Water Resources Technician Summary The City has been aware of localized flooding issues in an alley north of Olympia Street between Mendelssohn and Independence Avenues. During intense rain fall events, the storm sewer that runs underneath Trunk Highway 169 has flow capacity issues. The flow issues greatly restrict the amount of stormwater that is able to flow through this pipe and into Medicine Lake. During these events, the storm sewer discharges stormwater into the alley located north of Olympia Street. The discharge of storm water and runoff within the adjacent block causes inundation in the yards, driveway, garage, and basement of 9450 Olympia Street and three adjacent properties. At the March 2, 2016, City Council meeting, the Council was introduced to the Flood Damage Reduction Grant Assistance Program. During the meeting, Council approved a resolution authorizing execution of a Flood Damage Reduction Grant Assistance Agreement with the Minnesota Department of Natural Resources-Waters (DNR). Because of specific language required in the resolution, the DNR is requesting that the previously approved resolution be modified to meet these requirements. The new resolution adds specific language to appoint an authorized person to act on behalf of the City to apply for the grant and includes language that the City will be responsible to finish the project if state funding is inadequate. Attachments • Resolution rescinding Resolution 16-15 and Authorizing Execution of a Flood Damage Reduction Assistance Grant Agreement with Minnesota Department of Natural Resources (2 pages) Recommended Action Motion to adopt Resolution rescinding Resolution 16-15 and authorizing execution of a Flood Damage Reduction Assistance Grant Agreement. Resolution 16-16 April 5, 2016 Member introduced the following resolution and moved its adoption: RESOLUTION RESCINDING RESOLUTION 16-15 AND AUTHORIZING EXECUTION OF A FLOOD DAMAGE REDUCTION ASSISTANCE GRANT AGREEMENT WITH MINNESOTA DEPARTMENT OF NATURAL RESOURCES WHEREAS, that the City of Golden Valley, hereinafter referred to as the "Applicant" act as legal sponsor for the project contained in the Flood Damage Reduction Grant Assistance Program Application to be submitted on April 6, 2016 and that the Director of the Physical Development Department is hereby authorized to apply to the Department of Natural Resources for funding of this project on behalf of the Applicant. WHEREAS, that the Applicant has the legal authority to apply for financial assistance, and the institutional, administrative, and managerial capability to ensure adequate acquisition, maintenance and protection of the proposed project; and WHEREAS, that the Applicant has the financial capability to provide any required matching funds; and WHEREAS, that the source of Applicant's matching funds shall not include other State funds; and WHEREAS, that the Applicant hereby pledges to complete the project or phase if it exceeds the total funding provided by the Department of Natural Resources and any required local match; and WHEREAS, that the Applicant has not incurred any costs, and has not entered into any written agreements to purchase property proposed by this project; and WHEREAS, that the Applicant has not violated any Federal, State, or local laws pertaining to fraud, bribery, graft, kickbacks, collusion, conflict of interest or other unlawful or corrupt practice. BE IT FURTHER RESOLVED that upon approval of its application by the state, the Applicant may enter into an agreement with the State of Minnesota for the above referenced project, and that the Applicant certifies that it will comply with all applicable laws and regulations as stated in the contract agreement. NOW, THEREFORE, BE IT RESOLVED that the City Council for the City of Golden Valley rescinds Resolution 16-015 and authorizes the Physical Development Director to execute such agreements as are necessary to implement the project on behalf of the applicant. I CERTIFY THAT the above resolution was adopted by the Golden Valley City Council on April 5, 2016. Resolution No. 16-16 -2- April 5, 2016 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 0f golden!'NrMEMORANDUM alley Administrative Services Department 763-593-8013/763-593-3969(fax) Executive Summary For Action Golden Valley City Council Meeting April 5, 2016 Agenda Item 3. H. Receipt of February 2016 Financial Reports Prepared By Sue Virnig, Finance Director Summary The monthly financial report provides a progress report of the following funds: General Fund Operations Conservation/Recycling Fund (Enterprise Fund) Water and Sewer Utility Fund (Enterprise Fund) Brookview Golf Course (Enterprise Fund) Motor Vehicle Licensing (Enterprise Fund) Storm Utility Fund (Enterprise Fund) Equipment Replacement Fund (Capital Projects Fund) General Fund Operations: As of February 2016, the City is using $1,415,899 of fund balance to balance the General Fund Budget. Attachments • February 2016 General Fund Financial Reports (2 pages) • February 2016 Conservation/Recycling Fund (1 page) • February 2016 Water and Sewer Utility Fund (1 page) • February 2016 Brookview Golf Course (1 page) • February 2016 Motor Vehicle Licensing (1 page) • February 2016 Storm Utility Fund (1 page) • February 2016 Equipment Replacement Fund (1 page) Recommended Action Motion to receive and file the February 2016 Financial Reports. City of Golden Valley Monthly Budget Report-General Fund Expenditures February, 2016 (unaudited) Over % 2016 February YTD (Under) Of Budget Division Budget Actual Actual Budget Expend. 001 Council $322,960 22,081 41,412 ($281,548) 12.82% 003 City Manager 798,260 54,899 96,819 (701,441) 12.13% 004 Transfers Out 725,000 0 0 (725,000) 0.00% (1) 005 Admin. Services 1,869,995 139,247 198,292 (1,671,703) 10.60% 006 Legal 150,000 8,463 8,463 (141,537) 5.64% (2) 007 Risk Management 305,000 0 0 (305,000) 0.00% 011 General Gov't. Bldgs. 532,790 36,947 43,944 (488,846) 8.25% 016 Planning 353,800 21,685 39,855 (313,945) 11.26% 018 Inspections 737,265 52,435 86,893 (650,372) 11.79% 022 Police 5,671,180 376,280 681,159 (4,990,021) 12.01% 023 Fire 1,290,210 104,075 172,652 (1,117,558) 13.38% 035 Physical Dev Admin 298,755 20,715 36,804 (261,951) 12.32% 036 Engineering 783,470 52,643 70,852 (712,618) 9.04% 037 Streets 1,611,865 129,621 212,536 (1,399,329) 13.19% 065 Community Center 81,095 7,769 11,266 (69,829) 13.89% 066 Park & Rec. Admin. 705,660 57,398 93,976 (611,684) 13.32% 067 Park Maintenance 1,137,895 64,105 115,802 (1,022,093) 10.18% 068 Recreation Programs 374,995 24,324 44,141 (330,854) 11.77% TOTAL Expenditures $17,750,195 $1,172,687 $1,954,866 ($15,795,322L_1_1.01 (1)This transfer will be made in June, 2015. (2) Legal services are billed thru January. City of Golden Valley Monthly Budget Report-General Fund Revenues February 2016 (unaudited) Percentage Of Year Completed 17.00% Over % 2016 February YTD (Under) of Budget Type Budget Actual Actual Budget Received Ad Valorem Taxes $14,278,810 0 0 ($14,278,810) 0.00% (1) Licenses 217,515 26,244 29,289 ($188,226) 13.47% Permits 800,000 151,734 215,370 ($584,630) 26.92% Federal Grants 0 1,135 1,135 $1,135 State Aid 268,380 512 512 ($267,868) 0.19% (2) Hennepin County Aid 0 0 0 $0 Charges For Services: General Government 19,000 1,402 7,509 ($11,491) 39.52% Public Safety 150,665 47,814 57,295 ($93,370) 38.03% Public Works 145,800 11,760 14,845 ($130,955) 10.18% Park& Rec 395,100 29,432 38,218 ($356,882) 9.67% Other Funds 791,500 53,458 106,917 ($684,583) 13.51% Fines & Forfeitures 320,425 23,663 23,663 ($296,762) 7.38% (3) Interest On Investments 100,000 0 0 ($100,000) 0.00% (4) Miscellaneous Revenue 233,000 19,645 38,314 ($194,686) 16.44% Transfers In 30,000 2,500 5,000 ($25,000) 16.67% (5) TOTAL Revenue $17,750,195 $369,299 $538,067 ($17,212,128) 3.03% 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) Fines/Forfeitures are thru for January 2015. (4) Investment income is allocated at year end. (5)Transfers are monthly. City of Golden Valley Monthly Budget Report-Conservation/Recycling Enterprise Fund February 2016(unaudited) Over 2016 February YTD (Under) Budget Actual Actual Budget Current Revenue Hennepin County Recycling Grant 56,770 0 0 (56,770) 0.00% Recycling Charges 373,950 28,564 28,619 (345,331) 7.65% (2) Miscellaneous Revenues 6,000 0 0 (6,000) Interest on Investments 4,000 0 0 (4,000) 0.00% (1) Total Revenue 440,720 28,564 28,619 (412,101) 6.49% Expenses: Recycling 451,460 23,257 27,549 (423,911) 6.10% (3) Total Expenses 451,460 23,257 27,549 (423,911) 6.10% (1) Interest Earnings are allocated at year-end. (2)January Services are all booked to Dec 2014 for January(2/3)/February(1/3). (3) Republic Services are billed thru January. City of Golden Valley Monthly Budget Report-Water and Sewer Utility Enterprise Fund February, 2016(unaudited) Over 2016 February YTD (Under) % Budget Actual Actual Budget Current Revenue Water Charges 4,303,105 286,839 363,482 (3,939,623) 8.45% Emergency Water Supply 183,600 10,261 21,731 (161,869) 11.84% Sewer Charges 3,309,260 278,784 350,539 (2,958,721) 10.59% Meter Sales 8,000 367 1,003 (6,997) 12.54% MCES Grant Program 0 0 0 0 Penalties 110,000 1,698 1,698 (108,302) 1.54% Charges for Other Services 90,000 14,188 24,025 (65,975) 26.69% State Water Testing Fee Pass Through 45,500 3,999 4,175 (41,325) 9.18% Sale of Assets 10,000 0 0 (10,000) 0.00% Franchise Fees(One year only) 700,000 0 0 (700,000) 0.00% Certificate of Compliance 75,000 7,500 9,800 (65,200) 13.07% Interest Earnings 15,000 0 0 (15,000) 0.00% Total Revenue 8,849,465 603,636 776,453 (8,073,012) 8.77% Expenses: Utility Administration 2,526,190 36,635 74,883 (2,451,307) 2.96% Sewer Maintenance 2,723,660 199,688 544,749 (2,178,911) 20.00% Water Maintenance 4,655,120 246,765 283,501 (4,371,619) 6.09% Total Expenses 9,904,970 483,088 903,133 (9,001,837) 9.12% City of Golden Valley Monthly Budget Report-Brookview Golf Course Enterprise Fund February, 2016(unaudited)opened March 23 Over 2016 February YTD (Under) Budget Actual Actual Budget Current Revenue Green Fees 795,000 0 0 (795,000) 0.00% Driving Range Fees 167,000 0 0 (167,000) 0.00% Par 3 Fees 137,370 0 0 (137,370) 0.00% Lawn Bowling 42,000 0 0 (42,000) 0.00% Pro Shop Sales 80,000 712 756 (79,244) 0.95% Pro Shop Rentals 260,000 1,287 3,540 (256,460) 1.36% Concession Sales 360,000 1,648 3,613 (356,387) 1.00% Other Revenue 78,000 4,883 13,522 (64,478) 17.34% Interest Earnings 2,000 0 0 (2,000) 0.00% (1) Less:Credit Card Charges/Sales Tax (36,000) (55) 0 36,000 0.00% Total Revenue 1,885,370 8,475 21,431 (1,863,939) 1.14% Expenses: Golf Operations 637,125 36,934 66,057 (571,068) 10.37% (2) Course Maintenance 792,800 49,430 75,653 (717,147) 9.54% Pro Shop 114,620 1,033 16,932 (97,688) 14.77% Grill 251,750 2,889 3,413 (248,337) 1.36% Driving Range 50,665 149 149 (50,516) 0.29% Par 3 Course 27,295 27 (63) (27,358) -0.23% Lawn Bowling 27,195 0 0 (27,195) 0.00% Total Expenses 1,901,450 90,462 162,141 (1,739,309) 8.53% (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 February 2016(unaudited) Over 2016 February YTD (Under) Budget Actual Actual Budget Current Revenue Interest Earnings 2,000 0 0 (2,000) 0.00% (1) Charges for Services 406,830 38,825 72,180 (334,650) 17.74% Total Revenue 408,830 38,825 72,180 (336,650) 17.66% Expenses: Motor Vehicle Licensing 408,330 29,878 54,596 (353,734) 13.37% Total Expenses 408,330 29,878 54,596 (353,734) 13.37% (1) Interest Earnings are allocated at year-end. City of Golden Valley Monthly Budget Report-Storm Utility Enterprise Fund February, 2016(unaudited) Over 2016 February YTD (Under) Budget Actual Actual Budget Current Revenue Interest Earnings 45,000 0 0 (45,000) 0.00% (1) Storm Sewer Charges 2,275,000 192,507 322,524 (1,952,476) 14.18% Bassett Creek Watershed 810,930 0 0 (810,930) 0.00% Miscellaneous Receipts 5,692,000 0 0 (5,692,000) State Grant-Other 0 0 0 0 Total Revenue 8,822,930 192,507 322,524 (8,500,406) 3.66% Expenses: Storm Utility 9,045,465 173,969 457,563 (8,587,902) 5.06% (2) Street Cleaning 126,420 12,872 13,327 (113,093) 10.54% Environmental Control 323,260 20,230 30,863 (292,397) 9.55% Debt Service Payments 170,985 928,776 928,776 757,791 543.19% (3) Total Expenses 9,666,130 1,135,847 1,430,529 (8,235,601) 14.80% (1) Interest Earnings are allocated at year-end. (2) Depreciation is allocated at year-end and. (3)This included the bond payment to pay off the storm bonds early. 2016 Equipment Replacement Fund(CIP)-Fund 5700 2016 Feb YTD Budget Total Actual Remaining Revenues: Proceeds-Certificate of Indebtedness 800,000 0 0 (800,000) Sale of Assets 35,000 3,200 0 (35,000) Miscellaneous 0 125 0 0 Interest Earnings(allocated at year end) 24,535 0 0 (24,535) Total Revenues 859,535 3,325 0 (859,535) Expenditures: Program# Project Number Project Name 5700 Bond Expenditures 0 0 0 0 5701 V&E-001 Marked Squad Cars(Police) 80,000 36,584 36,584 43,416 (1) 5702 V&E-002 Computers and Printers(Finance) 80,000 0 0 80,000 V&E-016 Pickup Truck(Street) 35,000 0 0 35,000 V&E-020 Portable Computers(Police) 50,000 0 0 50,000 V&E-030 Rotary Mower(Park) 98,000 0 0 98,000 V&E-052 Asphalt Cold Planer(Street) 20,000 0 0 20,000 V&E-058 Fire Hose 10,000 0 0 10,000 V&E-060 Rescue Vehicle(Fire) 100,000 0 0 100,000 V&E-072 Pickup Truck(Engineering) 30,000 0 0 30,000 V&E-078 Aerial Bucket Truck(Park) 200,000 0 0 200,000 V&E-079 Utility Tractor(Park) 80,000 0 0 80,000 V&E-090 Single Axel Dump Truck(Street) 225,000 0 0 225,000 V&E-118 Sidewalk Tractor(Street) 150,000 0 0 150,000 V&E-122 Police Vehicle 40,000 0 0 40,000 V&E-127 800 Mhz Radios(Fire) 80,000 0 0 80,000 V&E-129 800 Mhz Radios(Police) 96,650 0 0 96,650 V&E-132 Thermal Imaging Camera 70,000 0 0 70,000 V&E-134 Cartegraph Software 13,000 0 0 13,000 Total Expenditures 1,457,650 36,584 36,584 1,338,066 (1)Computers are replaced every 4-5 years and purchased throughout the year based on available time. city 0f o 1 d e niov MEMORANDUM valIv.;Y Physical Development Department 763-593-8095/763-593-8109(fax) Executive Summary For Action Golden Valley City Council Meeting April 5, 2016 60 Day Deadline: March 8, 2016 60 Day Extension: May 7, 2016 Agenda Item 4. A. Public Hearing- Approval of Conditional Use Permit 144- 5905 Golden Valley Road - Jewish Family & Children's Service of Minneapolis, Applicant Prepared By Emily Goellner, Associate Planner/Grant Writer Summary Jewish Family & Children's Service of Minneapolis (JFCS) and People Responding in Social Ministry (PRISM) plan to move from their current office locations to the building at 5905 Golden Valley Road. They have applied for a Conditional Use Permit (CUP) to include an accessory retail component, which includes the PRISM Marketplace food shelf and the Shop for Change thrift shop, which are currently in operation at 730 Florida Avenue South in Golden Valley. A CUP for that location was approved by City Council in 2005. The applicants intend to utilize the existing building and there are no additions planned. The building is currently used for office and warehouse by a variety of tenants. This property is zoned Light Industrial and guided for Light Industrial use in the Comprehensive Plan. Offices are permitted in Light Industrial Zoning Districts. Retail sales are allowed as an accessory use only with a Conditional Use Permit (CUP). The retail area must occupy less than 10% of the building's gross floor area. The applicant is proposing that 8.6% of the gross floor area be used for the thrift shop and food shelf. Neighborhood Meeting A Neighborhood Meeting was hosted by the applicant on March 7 and seven residents were in attendance. Residents had questions about traffic, hours of operation, the activity associated with the proposed uses, and why this location was chosen. Residents were generally supportive of the office and warehouse uses (which are permitted uses), but there was a mixture of support and concern for the food shelf and thrift shop (conditional uses). Traffic Concerns Residents are concerned about high speeds on Golden Valley Road. The Golden Valley Police Department has been aware of speeding issues in this area based on previous complaints. While the City works to solve this issue, it is important to note that speeding is an existing issue that was not caused by the introduction of a food shelf and thrift shop. Residents are also concerned about the amount of additional traffic the food shelf and thrift shop may generate along Golden Valley Road. Due to the small size of the food shelf and thrift shop, the amount of traffic generated by the proposed use is not significant enough to warrant the denial of a Conditional Use Permit. At the Planning Commission meeting on March 14, 2016, the Commission recommended approval of the Conditional Use Permit. 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 by submitted by Pope Architects on January 12, 2016, shall become a part of this approval. 2. Accessory retail space is limited to 5,164 square feet of the gross floor area of the building. If more retail space is desired in the future, the Conditional Use Permit must be amended to reflect the increased size. 3. Hours of operation for the accessory retail sales are limited to 9 am - 7 pm on Monday through Friday and 10 am - 2 pm on Saturdays. Any extension to these hours requires an amendment to the Conditional Use Permit. 4. All parking regulations found in Section 11.70 of City Code (Off-Street Parking and Loading Regulations) shall be met prior to the issuance of a building permit or certificate of occupancy and shall continue to be met throughout the duration of the permit. 5. Retail customers shall be directed by the property owner to enter the property from Zane Avenue. Directional signs shall be provided. 6. In the event complaints to the City regarding parking are deemed by the City Manager or his/her designee to be significant, the City reserves the right to require signage be installed to highlight the parking near the entrance to the accessory retail space. The City reserves the right to require that these parking spaces be reserved for customer use. Other modifications to the days or hours of operation may be required to adequately address parking concerns. 7. All signage must meet the requirements of the City's Sign Code (Section 4.20). 8. The applicant shall explore options to provide pavement markings on the property that support the safety of pedestrians accessing the retail space. 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 (2 pages) • Memo to the Planning Commission, dated March 14, 2016 (5 pages) • Unapproved Planning Commission Minutes dated March 14, 2016 (11 pages) • Memo from the Fire Department dated March 7, 2016 (1 page) • Memo from Engineering Division dated March 11, 2016 (1 page) • Neighborhood Meeting Summary (3 pages) • Letter from Liz Elder and Rob Pope dated March 14, 2016 (1 page) • Letter from Ann Bennion dated March 14, 2016 (2 pages) • Plans submitted by Pope Architects on January 12, 2016 (3 pages) • Ordinance #596, Approval of Conditional Use Permit Number 144 - 5905 Golden Valley Road - Jewish Family & Children's Service of Minneapolis, Applicant (3 pages) Recommended Action Motion to adopt Ordinance #596, Approval of Conditional Use Permit 144 - 5905 Golden Valley Road -Jewish Family & Children's Service of Minneapolis, Applicant. - 1385 � a 563b 106 102 5700 l 1355 1395 ?'vi• -�,,..,` � -- - � 5730 � "1618EE6161668 5740 5732 I Z 561 t11= f 0821011 y 6178Jii6122 603203453124 5820 5800 116 -61 y.-94 f, '64 6030 _ 1325 A 9 :. 6186 6160 U 6082 132' 10314318 X6132-61A� 16'12 ono an^'x128 Ui 58405715 6154 6050 6024 m, 5920 R� 5725 6192 96 yv:-6156 601 54 u°"172 I o • Ja � $735 1315 131 _ 0; sr O\dQA � � Subject Property IY. G 5825 5805 '1305 Q 131 i16062 5845 E 6102 i. 6002 ,/" 5 \ O 130 1255 v 6000 m s07 6100 f! 1240 2012 0305 107 �I 10 1125 1129 1133 i5l4 1135 1220 101 102104106 1250 10608 , �222 1121 6200 X110220 231 228 240 12 236212 237 1117 111 1114 1132 ` 6005 1136 `\ • 6161 1113 1110 1119 1109 ?? t 1106 1107 1114 t Building 8 i 9 s -1105 1 4 5640 5620 -- r' yr1101 f r iaurinx -'- Building C 1109 5705 5555 5625 5615 5 � • 1100 Building O 5660 5640 5620 {{{ 5600 Building E { Lindsay St {1 5645 56.25 5607 1000 560' 5735 PRISM food shelf and thrift shop information for City of Golden Valley planning staff February 5, 2016 PRISM (People Responding in Social Ministry) was founded in 1970 when local faith communities joined together to strengthen their collective response to the local needs of Golden Valley families and individuals. Providing food, clothing and housing help to people in need, PRISM is closely connected with faith communities, civic groups, schools, families, and other organizations. Our nonprofit status— incorporated in 1983—lays the foundation for our mission of providing social services and connections that empower people in our community to build healthy, stable lives. The PRISM Marketplace is a food shelf that provides a week's worth of supplemental food, and personal hygiene items for people who live in Golden Valley. The Marketplace food shelf serves the five local cities of Golden Valley, Plymouth, Crystal, Robbinsdale, and New Hope. Geographic service areas have been established by the suburban food shelf providers to help maximize limited resources and optimally serve those in need. No money is exchanged, ever, in the food shelf as are the requirements of federal and local partners. The Marketplace food shelf's goal is to provide quality food on a consistent basis to community members in need. It is not a store. Access is granted only after a participant has met with a case worker and completed an intake. This program has never been considered a retail operation and logistically, through insurance, is not categorized as retail. The Shop for Change Thrift Store is a social enterprise program that is used to generate earned income for the organization. The limitations and challenges of securing donations and support from foundations and individual contributions make a social enterprise an ever-growing phenomenon in the nonprofit sector. Open to the public, items at the thrift shop average$2-3 each. It is our aim to help low-income families stretch their budgets to affordably purchase necessary clothing for themselves and their families. Providing for their families ensures and protects the self-esteem and dignity of low income and working class families. Housing programs at PRISM help to ensure that families have safe, stable housing. We work in collaboration with county and local landlords to provide services and funds to help prevent shelter use and homelessness. Much of this work is completed in the community or via telecommunications. PRISM's paid staffing level is 11.5 FTEs. There are typically about 12 volunteers on site at any given time. About 150 volunteers provide assistance on a regular basis, typically working 1-3 shifts per week. Many of our visitors carpool or utilize public transportation to access services. The new location is close to a bus line and many people are expected to utilize the bus. It is our intention to make service readily available to those without vehicles of their own. Our current parking lot and street parking provide ample space without congestion or concerns. Our hours of operation are Mondays 9-7,Tuesday-Friday 9-4. The thrift shop is open the first Saturday of each month, 10am-2pm. On an average day the food shelf will have 30 visitors and the thrift shop has approximately 70 shoppers. Very often the food shelf and thrift shop visitors are the same person. JFCS was established in 1910. Its original purpose was to serve refugees and immigrants. Over the course of nearly 106 years,JFCS has adapted to the growing and changing needs of the community it serves. Today,Jewish Family and Children's Service of Minneapolis is a multi-service organization serving people of all backgrounds, meeting their basic needs from birth until death. We serve nearly 16,000 people annually who live in Hennepin County, mainly the city of Minneapolis and the western suburbs. We have a diverse staff of 125 full and part-time individuals,and nearly 900 volunteers who contribute as many as 19,000 hours of service each year. Our 40 programs and services are grouped into three areas: Clinical,Aging and Disability, and Career Services.These three program areas include early literacy programming addressing the education gap in MN, family life education directed at children,youth, and families, counseling and mental health case management, resource and referral services, a healing program providing support to those experiencing chronic, terminal or severe illness, a Big Brother/Big Sister program,vocational rehabilitation, service to Minnesotans who qualify for the MN Family Investment Program, dislocated worker services, care management to the elderly, day programming for those with dementia and Alzheimer's Disease, and so much more! Many of the services we provide are offered in homes, schools and community locations.JFCS also operates a small office in downtown Minneapolis. Throughout the length of time that JFCS has been serving the community, it has rented from 4 locations. We are moving into Golden Valley through the generosity of donors who are buying and renovating the building. When the project is complete,the donors will be turning the building over to JFCS for its permanent home. JFCS will be renting space in this new home to PRISM, a Golden Valley food shelf and thrift store. Over the past year,JFCS and PRISM have forged a partnership facilitating a holistic approach to solving food insecurity for residents of Golden Valley and neighboring areas. Bringing both JFCS and PRISM together under one roof is intended to offer one-stop-shopping to people in need. city of � Y r� go I d e M valley Physical Development Department 763-593-8095/763-593-8109 (fax) Date: March 14, 2016 To: Golden Valley Planning Commission From: Emily Goellner, Associate Planner/Grant Writer Subject: Informal Public Hearing—Conditional Use Permit (CUP-144)to Allow for Accessory Retail Services Incidental to a Permitted Use at 5905 Golden Valley Road —Jewish Family & Children's Service of Minneapolis, Applicant Background Jewish Family & Children's Service of Minneapolis (JFCS) and People Responding in Social Ministry (PRISM) plan to move from their current office locations to the building at 5905 Golden Valley Road. They have applied for a Conditional Use Permit (CUP) to include an accessory retail component, which includes the PRISM Marketplace food shelf and the Shop for Change thrift shop, which are currently in operation at 730 Florida Avenue South in Golden Valley. A CUP for that location was approved by City Council in 2005. JFCS currently has an office in Minnetonka. The applicants intend to utilize the existing building and there are no additions planned. The building is currently used for office and warehouse by a variety of tenants. Proposed Uses This property is zoned Light Industrial and guided for Light Industrial use in the Comprehensive Plan. Offices are permitted in Light Industrial Zoning Districts. The office space is proposed for both the first and second floor of the building, totaling 43,764 square feet. This includes office space for both JFCS and PRISM. Warehouse and storage are also planned for the building, which would utilize a total of 11,038 square feet of the building and are permitted uses in this district. Accessory Retail Use Retail sales are allowed as an accessory use only with a Conditional Use Permit (CUP). The retail area must occupy less than 10% of the building's gross floor area. The applicant is proposing that 8.6% of the gross floor area be used for the thrift shop and food shelf(5,164 square feet out of a total of 59,966 square feet). Even though no money is exchanged at the food shelf, it is considered a retail operation in the context of zoning and land use planning. Location The proposed new location at 5905 Golden Valley Road is bounded by a variety of land uses. Single-family homes are located to the north and east and Oak Grove Church is located directly across the street to the north. Other Light Industrial uses are located to the west and south. Offices and multi-family residential uses are also located nearby. The food shelf and thrift store would be located in the southwest portion of the building, where primary access would be located on Zane Avenue. Staff expects this to reduce the impact on residential uses to the north and east of the site. Applicant Background JFCS is a non-profit organization that "provides essential services to people of all ages and backgrounds to sustain healthy relationships, ease suffering, and offer support in times of need". More information about their services can be found at www.ifcsmpls.org, The services that JFCS provides will be located primarily off-site. PRISM is a non-profit organization whose mission is the "provide social services and connections to empower people in the northwest suburban communities to build healthy, stable lives." More information about PRISM's services can be found at www.prismmpis.org. JFCS and PRISM find the option to co-locate in this building to be mutually beneficial to both organizations and those they serve. Hours of Operation The proposed hours of operation for the PRISM Marketplace food shelf are 11 am to 7 pm on Mondays, 9 am to 4 pm on Tuesdays and Wednesdays, and 9 am to 2 pm on Thursdays. The food shelf is closed Friday through Sunday. The Shop for Change thrift shop would be open on Mondays from 9 am to 7 pm, Tuesday through Friday from 9 am to 4 pm, and the first Saturday of the month from 10 am to 2 pm. These are the same hours of operation at the current location in Golden Valley, which would be closed shortly before operations begin at the new location. Transportation PRISM expects approximately 30 visitors per day to the food shelf and 70 visitors per day to the thrift shop. Several of these visitors will shop at both places in one trip. While several customers are expected to drive to the new location, many will carpool (many carpool to the current location on Florida Avenue). Others will use public transportation. The proximity to public transportation was an important feature for the new location. The bus stop at the intersection of Douglas Drive and Golden Valley Road is served by route 705 and 755. Route 705 stops in this location hourly and provides service to St. Louis Park, Crystal, New Hope, and Brooklyn Park. This is consistent with the communities that PRISM serves, which includes Crystal, Golden Valley, New Hope, Robbinsdale, and eastern Plymouth. Route 755 provides two stops per hour during the morning and afternoon rush hours. It travels through Golden Valley to Minneapolis and New Hope. Employees In general, there will be 12 PRISM employees and up to approximately 12 volunteers on site to staff the food shelf, thrift shop, and provide administrative and managerial support in the office space. JFCS expects to employ up to 125 people at this site Parking The site currently has a parking lot containing 181 spaces, but code requires 201 spaces for this proposal. Based on the proposed layout, the applicant would need: 5,164 sq. ft. retail @ 1 space per 250 sq. ft. 21 43,764 sq. ft. office @ 1 space per 250 sq. ft. 176 8,917 sq. ft. warehouse @ 1 space per 3,000 sq. ft. 3 2,121 sq. ft. storage @ 1 space per 3,000 sq. ft. 1 201 spaces required The applicant plans to add 18 spaces to the parking lot in order to provide a total of 199 spaces on site. At the time the application was submitted, the applicant was not aware that staff always rounds up to the nearest whole number when the result of the parking calculation results in a fraction of a parking space. The applicant rounded down, so the site plan shows 199 spaces instead of 201. Staff is confident that this issue can be resolved in a variety of ways and the parking plan will be analyzed again before a building permit is issued. At this point, staff has included a condition of approval that the applicant demonstrate that all parking regulations found in Section 11.70 of City Code (Off-Street Parking and Loading Regulations) are met prior to the issuance of a building permit or certificate of occupancy. Bicycle Parking The City Code requires that this property contain 11 bicycle parking spaces. Since these were not included in the site plan, staff has added a condition of approval that the bicycle parking spaces be included in the plans prior to the issuance of a building permit or certificate of occupancy. Neighborhood Meeting A Neighborhood Meeting was hosted by the applicant on March 7 and seven residents were in attendance. Residents had questions about traffic, hours of operation, the activity associated with the proposed uses, and why this location was chosen. Residents were generally supportive of the office and warehouse uses (which are permitted uses), but there was a mixture of support and concern for the food shelf and thrift shop (conditional uses). Traffic Speed Residents are concerned about high speeds on Golden Valley Road. The Golden Valley Police Department has been aware of speeding issues in this area based on previous complaints. This issue has been reviewed by the City's Traffic Safety Committee in the past and will continue to be prioritized. The Police have been conducting speed enforcement details in the area for the last month and they are in the process of setting up the speed trailer in this area as well. While the City works to solve this issue, it is important to note that speeding is an existing issue that was not caused by the introduction of a food shelf and thrift shop. Traffic Volume Residents are also concerned about the amount of additional traffic the food shelf and thrift shop may generate along Golden Valley Road. Due to the small size of the food shelf and thrift shop (5,164 square feet combined), there will be up to approximately 100-200 trips generated each day on average. To clarify, each car visiting the site makes two trips—one trip in and one trip out. Currently, this area of Golden Valley Road sees 2,200 cars per day on average. The additional traffic generated by the food shelf and thrift shop is expected to comprise 5-10% of the average daily traffic. Golden Valley Road is a State Aid Highway that has the capacity to carry approximately 5,000-10,000 cars per day. The amount of traffic generated by the proposed use is not significant enough to warrant the denial of a Conditional Use Permit. 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: PRISM is an existing business in Golden Valley that has shown that demand exists for the social services they provide. Based on their past experiences, they are able to accurately predict the expected amount of demand there will be for the food shelf and thrift shop. JFCS is a well-established organization that has been providing essential services to,the local community since 1910. The organization would like to relocate offices from Minnetonka to Golden Valley. 2. Consistency with the Comprehensive Plan: An office and warehouse use with a retail component comprising less than 10% of the building's gross floor area is consistent with the Light Industrial designation of this property on the General Land Use Plan Map. 3. Effect on Property Values: Renovations to the building on the subject property may have a positive impact on its own estimated value, but staff does not anticipate that the new use would have a positive or negative impact on the surrounding property values. 4. Effect on Traffic: The number of trips generated by the proposed retail, office, and warehouse uses are minimal. The current uses in the building generate a very comparable amount of traffic to the site, which do not cause any negative impacts to the area. Staff does not expect any negative traffic impacts to the surrounding areas resulting in the introduction of the proposed retail. 5. Effect of Increases in Population and Density: The proposed use may generate a minimal increase in the number of employees at the location, but the number of employees will be limited based on the size of the building. The potential for a minimal increase in the number of employees on site does not threaten the health, safety, and welfare of the community. 6. Increase in Noise Levels: The proposed use is not anticipated to cause an increase in noise levels. The majority of activities associated with the proposed uses will occur within the interior of the building, thereby reducing the impact to the surroundings. 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: Because the proposed use would involve only interior modifications and only a slight increase in parking spaces on the existing pavement, staff does not anticipate a change in the visual quality of the property. The applicant must abide by all regulations regarding fencing, screening, outdoor lighting, and outdoor storage, as stated in the Golden Valley City Code. 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 144 allowing for accessory retail services incidental to a permitted use at 5905 Golden Valley Road. The approval of a Conditional Use Permit is subject to the following conditions: 1. The plans by submitted by Pope Architects on January 12, 2016, shall become a part of this approval. 2. Retail space is limited to 5,164 square feet of the gross floor area of the building. If more retail space is desired in the future, the Conditional Use Permit must be amended to reflect the increased size. 3. Hours of Operation for the PRISM Marketplace food shelf and the Shop for Change thrift shop are limited to 9 am —7 pm on Monday through Friday and 10 am —2 pm on Saturdays. Any extension to these hours requires an amendment to the Conditional Use Permit. 4. All parking regulations found in Section 11.70 of City Code (Off-Street Parking and Loading Regulations) shall be met prior to the issuance of a building permit or certificate of occupancy. 5. Food shelf and thrift shop customers shall be directed by PRISM to enter the property from Zane Avenue. Directional signs shall be provided. 6. In the event complaints to the City regarding parking are deemed by the City Manager or his/her designee to be significant, the City reserves the right to require signage be installed to highlight the parking near the entrance to the PRISM Marketplace food shelf and Shop for Change thrift shop. The City reserves the right to require that these parking spaces be reserved for customer use. Other modifications to the days or hours of operation may be required to adequately address parking concerns. 7. All signage must meet the requirements of the City's Sign Code (Section 4.20). 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) Neighborhood Meeting Summary (3 pages) Memo from Fire Department dated March 7, 2016 (1 page) Memo from Engineering Division dated March 11, 2016 (1 page) Plans submitted by Pope Architects on January 12, 2016 (3 pages) Regular Meeting of the Golden Valley Planning Commission March 14, 2016 A regular meeting of the Planning Com sion was held at the Golden Valley City Hall, Council Chambers, 7800 Golden Valley oad, Golden Valley, Minnesota, on Monday, rch 14, 2016. Chair Segelbaum called the meeting to order at 7 pm. Those pr t were Planning Commissio ers Baker, Blum, Johnso ka c , a ' r Segelbaum, an aldhauser. Also prese was Planning MJason Zimmerman, Associate Planner/ Writer Emily Goe Iner, and Adr_kfrstrative Assistant Lisa Wittman. Commissioner as absent. 1. Approval of Minutes February 22, 2016, Reg, lanning Commis Meeting Kluchka referred to the and paragraph oi i page 5 and stated aUt a last sentence should be amende o read that the "Metrop litan Council is good at p�rodag estimates, but he is not they are accurate at the e d of the day." MOV by Blum, seconded by Baker and tion carried unanimously to approve the Fe nary 22, 2016, minutes with the above oted change. 2. Informal Public Hearing — Conditional Use Permit— 5905 Golden Valley Road — Jewish Family & Children's Service of Minneapolis — CU-144 Applicant: Jewish Family & Children's Service of Minneapolis Address: 5905 Golden Valley Road Purpose: To allow for accessory retail sales incidental to permitted uses in a Light Industrial zoning district. Goellner explained the applicant's request to allow accessory retail sales consisting of a thrift store and food shelf at 5905 Golden Valley Road incidental to office and warehouse uses in the same building. She stated that the property is zoned and designated Light Industrial and that accessory retail sales conducted in an area less than 10% of the building's gross floor area are allowed with a Conditional Use Permit. She noted that the building is 59,966 square feet in size. The proposed thrift shop would be 3,301 square feet in size and the food shelf would be 1,863 square feet in size which equates to 8.6% of the gross floor area. Goellner stated that Jewish Family & Children's Services (JFCS) will have up to 125 employees and that they will be leasing space to PRISM for the food shelf which will have 12 employees and up to 12 volunteers. She stated there will be approximately 30 visitors per day to the food shelf and approximately 70 visitors per day to the thrift store. Several of the visits will include stops in both the food shelf and thrift store in the same trip. She Minutes of the Golden Valley Planning Commission March 14, 2016 Page 2 added that the hours of operation for the food shelf will be Monday from 11 am to 7 pm, Tuesday and Wednesday from 9 am to 4 pm, Thursday from 9 am to 2 pm and they will be closed Friday through Sunday. The thrift store hours will be Monday from 9 am to 7 pm, Tuesday through Friday from 9 am to 4 pm and the first Saturday of the month from 10 am to 2 pm. Kluchka asked if JFCS and PRISM will be the only tenants in the building. Goellner said yes. Goellner referred to the parking requirements for the site and explained that 201 parking spaces and 11 bicycle parking spaces are required. There are 181 existing parking spaces and 199 proposed parking spaces. She stated the staff will review the parking plan again prior to the issuance of a building permit but she is confident the applicant will be able to provide the required parking spaces. Goellner stated that 7 people attended the neighborhood meeting which was held on March 7. Discussion at that meeting included traffic, speeding, parking, expected activity, and hours of operation, among other topics. Goellner noted that the Police Department is aware of the speeding issues and has been doing enforcement in the area. She noted that the City's Traffic Safety Committee will be discussing the issues and that speeding is an existing issue that was not caused by the introduction of this proposed use. Goellner discussed the traffic volume and explained that on average, approximately 100- 200 trips will be generated each day with this proposed use which comprises 5-10% of the daily average. Golden Valley Road averages 2,200 cars per day and has the capacity to carry approximately 5,000-10,000 cars per day. Kluchka asked if there are currently any traffic controls near this property. Zimmerman said there is not a signal or stop sign at Golden Valley Road and Zane Ave. Kluchka questioned who controls whether or not there are stop signs on Golden Valley Road. Goellner said the Traffic Safety Committee, the City Engineer, and the County consider stop sign requests. Goellner stated that staff also received comments from a resident regarding lighting. She said that staff will work with the applicant to make sure the lighting on the site is brought up to code if it is found to be non-compliant. Waldhauser asked if a Conditional Use Permit follows the property or if it ends when the approved use stops. Goellner said Conditional Use Permits follow the property but if a different use or configuration is proposed an amendment would be required. Johnson asked what would happen if one the proposed uses in this case were to leave. Goellner said a Conditional Use Permit can be rescinded. Johnson asked if the food shelf were to leave if JFCS could have a different retail use in the same space. Goellner said they could have a retail use with the same amount of square footage, hours of operation, etc. but that staff would analyze any new proposal. Baker asked who would be affected if the parking is inadequate. Goellner said there is on- street parking allowed on Zane Ave. and there are other surface lots nearby that are under-utilized. She added that more parking could also be added to this site if necessary. Minutes of the Golden Valley Planning Commission March 14, 2016 Page 3 Kluchka referred to the condition of approval in the staff report regarding the installation of signage to encourage the use of Zane Ave. and asked if the cost of adding signage would be applicant's responsibility. Goellner said yes. Segelbaum asked why the City wants to direct traffic to the Zane Ave. entrance. Goellner said directing the food shelf and thrift store traffic to the Zane Ave. entrance would reduce the impact to the residential properties on the east and north and would avoid the office traffic on Golden Valley Road. Kluchka asked about the current parking lot lighting. Goellner said that residents have said the parking lot lights are bright. Kluchka asked if a condition could be added regarding shielding of the parking lot lighting. Baker asked if the City can require the applicant to meet the City's lighting requirements. Goellner said a condition could be added which would require the applicant to meet the City's Lighting Code. Kluchka noted that there aren't any sidewalks leading to the main entrance on Zane Ave. and there are a lot of trucks using Zane Ave. which makes walking uncomfortable. He asked if sidewalks or striping could be added, or a sidewalk plan required. Goellner said that sounds reasonable and she would check on the status of sidewalks along Zane Ave. Kluchka added that the Luce Line Trail is a quarter of a mile away so this could be a great opportunity for additional sidewalks. Segelbaum asked about the current use of the building and if it is fully occupied. Goellner said she believes it is completely occupied by four different businesses. She added that there are approximately 100 employees on-site now with office and warehouse uses so the use will essentially remain the same with this current proposal. Segelbaum asked about the proximity to public transportation. Goellner said there are two bus routes in this area and that some of the applicant's clients will use public transportation. Baker asked if there will be a designated route that people will use to get to the food shelf and thrift store portion of the building. Segelbaum noted there is an existing sidewalk on the north side of Golden Valley Road. Baker said that is far away from the retail portion of this building and asked if there will be a pull-out area for buses. Goellner said there will be a pull-out area on Douglas Dr. Johnson questioned why the staff report listed the square footage of the building as 43,764 square feet in one section, and 59,966 square feet in a different section. Goellner stated that the entire building is 59,966 square feet and the office space is 43,764 square feet. Baker referred to the issues regarding traffic speed and asked what ways the City has been addressing the issue. Goellner stated that the Police Department has made it a priority location for speed enforcement and will be using a speed trailer. Baker questioned if this might be an appropriate place for traffic calming measures. Blum referred to the traffic volume numbers and asked where the numbers come from. Goellner said they come from MnDOT and Hennepin County. She reiterated that Golden Valley Road has the capacity to carry 5,000 to 10,000 cars per day and this proposed use Minutes of the Golden Valley Planning Commission March 14, 2016 Page 4 of the property would not put Golden Valley Road near its capacity. Waldhauser asked if the County and State also make decisions about installing stop signs. Goellner said yes. Segelbaum asked if the applicant will be removing green space to add parking stalls. Goellner said not thus far. She added that their plans show additional spaces compared to the existing parking lot. Judy Halper, Chief Executive Officer of Jewish Family & Children's Services of Minneapolis, explained that they established in 1910 and are a non-profit organization. They offer counseling, career services, case management, literacy programs, and family and children's programs. She said they have a number of contracts with Hennepin County and are funded by the United Way and by the Minneapolis Jewish Federation as well as their own fundraising. She discussed how they chose this proposed location and explained that about a year and a half ago their organization began to look at the issue of food insecurity, recognizing that they have not been in that program area before and considered building a food shelf. She said that PRISM was the most receptive to partnering with them and they realized there was a lot of synergistic work between the two organizations. She stated that the businesses currently in the building will stay through 2016 and JFCS and PRISM will be there starting in 2017. Kluchka asked Halper to discuss more about the services JFCS provides. Halper stated they are like Lutheran Social Services or Catholic Charities and serve people of all backgrounds. She said they offer counseling services, career services for people with barriers to getting employment, they help veterans and people who are 50+ find employment, they provide scholarships, literacy programs, and they also work with at risk families and people with disabilities. Baker asked if the counseling services are provided on-site. Halper stated that most of the work they do, including their program called CAFE which stands for Career Access for Everyone takes place in the community, at homes, places of employment, and schools. Waldhauser asked about the hours of operation for the counseling services. Halper stated that the CAFE program takes place from 8 to 9:30 am twice a month and other counseling services are offered during daytime hours and one evening a week which concludes by 7 or 8 pm. Baker asked for clarification about the number of employees. Halper explained that they have a small office in Minneapolis that has 12 employees, a day program in St. Louis Park and employees in St. Louis Park's schools so they employ 125 people. They won't all office out of this Golden Valley location, about 75 employees will. Baker questioned how people arriving by bus will get from the street to the thrift store and food shelf in the back corner of the building. Halper stated that the sidewalks and access are challenges they are working with an architect to resolve. Kluchka suggested they also look at the traffic and access on Zane Ave. Baker asked what JFCS would do with the retail use if the Conditional Use Permit isn't approved. Halper said they would use the proposed retail space for something else, but Minutes of the Golden Valley Planning Commission March 14, 2016 Page 5 she hopes the Permit will be approved. She added that they are very proud of the smart and efficient co-location of services they are proposing. Segelbaum asked about the relationship between JFCS and PRISM. Halper said PRISM will be a tenant of JFCS but they will be sharing space in the building and that the expectation is to be helpful and collaborative with one another. Blum asked Halper how many volunteers will come to the Golden Valley location and where they come from. Halper said there would only be a few volunteers that come mostly from Minneapolis and the western suburbs including Golden Valley and that the majority of the volunteers come together at specific times of the year or at specific events. Segelbaum opened the public hearing. Roxanne Sienko, 5800 Golden Valley Road, said she used to be the property manager of this building. She said she attended the neighborhood meeting and she has a lot of concerns about this proposal. She said she has seen a lot of changes in this neighborhood, not all good, over the past 31 years. In 1993 she asked for sidewalks on Golden Valley and was told she would have to submit a petition so she did and they got sidewalks on Golden Valley Road. She said in 2007 the City decided there needed to be work done on the railroad trestle because semi-trucks were constantly hitting it and it was falling down. When the road was done it was widened to keep the traffic flowing. Her concern is that the amount of traffic on that road is flowing so fast that she can't pull into her driveway without being passed, or go to her mailbox without almost being run over. She said she was told it wouldn't be a problem because all the cars would go down Zane Avenue or west of Zane Avenue underneath the railroad trestle and there wouldn't be any more problems. She said that was almost 10 years ago and she still can't go across the street to the mailbox, or turn into her driveway without being passed, or walk, weed her garden, or be in the street without fear of getting hit. She said the traffic has not been addressed in Golden Valley and she was stunned to hear that the City has a traffic committee because she has never been invited to a meeting, or known there were meetings. She said there is a sex offender house in the neighborhood and it is disturbing to be weeding her yard and have a police officer standing over her asking her if she has seen someone. She said she is concerned about a retail space staying with a building no matter who is in there because they could end up with a liquor store, a tattoo parlor, a massage parlor, or any number of things that would not enhance the neighborhood. She said she doesn't have a problem with the food shelf or thrift store, she has a problem with them in this neighborhood and the amount of increased traffic. She said at the neighborhood meeting she asked a very specific question about how many more cars are going to be on the road. They were told 500-600 a month, now she is hearing at this meeting there will be an additional 100-200 per day which is a dramatic difference. She said she would also like to point out that there used to be a bus route on Golden Valley Road. That route was taken out because it was one of the highest subsidized routes in the Metro Transit's history and they took it off the road. She questioned where the customers will walk and noted that parking is not allowed on Zane Avenue per an unwritten rule. She said stop signs on Golden Valley Road will never happen. In 2007 she asked for stop signs to be installed on Golden Valley Road and was told it is a State Aid Minutes of the Golden Valley Planning Commission March 14, 2016 Page 6 road, it is a thoroughfare, and stop signs will not be installed because the traffic needs to flow. She added that neighbors are not even allowed to put "slow down" signs in their yards to keep the traffic from going so fast. She stated that last week a police speed trailer showed up but it is not functioning and that Police started patrolling the area in November, but they haven't been back since then. She said she was also told at the neighborhood meeting that the thrift store would be open one Saturday a month, but the staff report states that it will be open from 10 am to 2 pm on Saturdays. She said she feels there isn't going to be any limits on the hours that they can add and it will just get worse, not better. She said she is concerned her neighborhood is being systematically destroyed and she can't do anything about it. She asked if there will be any sex offender counseling done at this facility. Ann Bennion, 1125 Welcome Circle, said the previous speaker addressed many of the same concerns she has. She questioned how the amount of retail space allowed is determined. She said she is affected by the parking lot lighting and she hopes that issue will be addressed. She stated that the current property owner is paying $96,000 per year in taxes according to the tax records and questioned if this new ownership would change this property to a non-taxable property. Adam Brookins, 1355 Oak Grove Circle, said he has a concern about the retail sales portion of building being based on the footprint of the building versus the building square footage. He said he found out that the City passed an ordinance changing the way retail sales square footage is calculated on March 2nd and this proposal was miraculously submitted on March 5th after the change to the ordinance. He said the decision on this proposal should be pushed back because there are a lot of issues that need to be worked through. He referred to the floor plan of the building and said the food shelf is locked within warehouse and office space and he doesn't think anyone would agree that you'd pass through an office to get to a retail use. Additionally, the public restrooms are also considered office use on the plans and he thinks they are misclassified and that the applicant is making it look like it fits with the newly changed ordinance which is alarming to him. He showed the areas that he thinks should also fall within the space being used for retail and said the building square footage, if recalculated taking into consideration the reception area and the public restrooms, would add 11% to the retail use. He said under the previous ordinance language the retail use would have been 14% and it would not have met the requirements at all. He said this proposal does not fit with the existing industrial uses in the area and Zane Ave. does not allow parking, but he doesn't doubt that the applicant will ask to use Zane Ave. for parking. He stated that the church across the street to the north uses this parking lot for overflow parking on weekends and when funerals occur. He said the landscape plan has a number of flaws as well, and the parking requirements can't be met, and the building can't be used with how it was drawn. He said the service doors for the building have parking spots in front of them, the parallel spaces won't work. He said the applicant is going to need a crosswalk to get people to the proposed retail use and the costs for that and for bike lanes on Zane Ave. should be taken on by the applicant. He said he is concerned about outside storage and thinks what is collected, where it's collected, and how it's disposed of should be clearly defined. He added that he supports the mission, but this item should be tabled to consider these concerns. Minutes of the Golden Valley Planning Commission March 14, 2016 Page 7 DeDe Scanlon, 7315 Olympia Street, said she first became aware of PRISM when she was a City Council Member. She said PRISM serves a purpose that needs to be served. She said the clients are the nicest people and are very respectful and polite and there is nothing to be fearful of. She stated that neighborhoods are changing more and more because Golden Valley is growing. She said she hopes the City can find a way to make this proposal work because PRISM has been in this community since 1970 and the need for their services is not going away. Seeing and hearing no one else wishing to comment, Segelbaum closed the public hearing. Kluchka asked if lighting is considered in the Conditional Use Permit process. Goellner explained that lighting is usually considered with an exterior remodel but she thinks that the applicant would be receptive in helping address any lighting issues. Baker asked if a condition could be added stating that the lighting has to be brought up to code. Zimmerman noted that the lighting already exists on the property so no requirements are being triggered by the proposed new use. Any conditions added to the Planning Commission's recommendation need to be tied to the proposed use. Segelbaum asked when the City's Traffic Safety Committee meets and if they meet regularly. Goellner said they meet as needed. Waldhauser stated that the estimated 100 to 200 trips per day is enough to accommodate the number of employees and visitors and is just slightly more than what is currently there. Goellner referred to the comment in the public hearing regarding 500 to 600 trips per month and clarified that the proposed retail use will serve 500 to 600 households per month, which translates to an additional 100- 200 trips per day for all proposed uses (office, warehouse and retail). Baker asked about the County's decisions regarding the installation of stop signs. Zimmerman explained that certain criteria need to be met when a stop sign request is made because if a stop sign is put in that is not warranted it could cause more problems. Baker said he is sympathetic to the issue of speeding and that the City needs to do a better job of addressing these concerns. Johnson expressed concern about people coming to the site by bus but not being able to get to the thrift store or food shelf with no sidewalk in place. He added that it doesn't seem reasonable to advocate for this use without sidewalks. Zimmerman noted that there is sidewalk on the north side of Golden Valley Road and there is a crosswalk on the east side of this property. Baker stated that there isn't a crosswalk on Zane Ave. so people won't be able cross Golden Valley and walk down Zane Ave. to get to the retail portion of the site. Blum suggested a "Y-shaped" driveway be installed at the Zane Ave. entrance to help control traffic. Baker asked if the City knew about the parking arrangement between this property and the church across the street. Zimmerman said he wasn't aware of it, but that the City encourages shared parking arrangements. Minutes of the Golden Valley Planning Commission March 14, 2016 Page 8 Segelbaum referred to the resident's comment about the applicant not being able to make the parking work. Goellner reiterated that the applicant will have to meet the parking requirements and she feels confident that the parking will work. Zimmerman added that there are also requirements regarding the size of parking stalls and drive aisle widths. Kluchka asked how retail space is defined. He added that he thinks it is a valid argument to say that the public restrooms will be used by the customers of the food shelf and thrift store and should be counted toward the square footage of those uses. Goellner said she disagrees that the reception area and public restrooms should be considered retail space because they are functions of the office use and board room use as well. Baker said he does not agree with the resident saying that the City changed its ordinance regarding accessory retail space because of this current proposal. He stated that whether or not the reception area and restrooms should be considered retail space would however affect the discussion. Goellner stated that the reception area and restroom spaces could change the square footage of the retail space, but it would not change the number of trips or the proposed use. Zimmerman said staff would talk to the City's Building Official about how to consider the reception and restroom areas. Kluchka asked if the food shelf and thrift store are big enough to require public restrooms. Goellner said the plans are not fully finished, but the applicant is asking for 5,164 square feet of retail space and that is what they will be held to. Kluchka asked if the retail use and hours would be assigned to this applicant. Zimmerman stated that the conditions are tied to this use and this plan. Segelbaum asked if the hours of operation could be expanded. Goellner stated that the condition regarding hours was kept simply to 9 am to 7 pm Monday through Friday and 10 am to 2 pm on Saturday so that the applicant wouldn't have to amend their Conditional Use Permit just to stay open one hour later. Segelbaum asked if the Conditional Use Permit would need to be amended if the applicant wanted to stay open later. Goellner said yes. Segelbaum asked if the proposed retail space could be changed in the future to a liquor store or a massage parlor and if the applicant would have to amend their Conditional Use Permit to allow that. Goellner stated that any retail use would have to be accessory to a permitted use. Segelbaum asked if there are requirements about where products can be stored. Zimmerman stated that items stored outdoors would have to be screened. Baker asked if a collection box could be located in a parking space. Zimmerman said yes, but there would then be one less parking space. Segelbaum asked how the property is taxed if owned by a non-profit. Goellner stated that staff considers the values of properties, but now how they are taxed. Baker stated that the City Council will have purview over taxes. Kluchka asked the applicants if they will offer sex offender counseling on-site. Lee Friedman, Chief Operating Officer, JFCS, said no. Minutes of the Golden Valley Planning Commission March 14, 2016 Page 9 Baker asked the applicants if they will have a donation collection box. Michelle Ness, Executive Director, PRISM, said no. Friedman referred to the discussion regarding the amount of traffic coming from buses. He clarified that a small number of people will come to the site by bus, but most will drive and carpool. He referred to the parking arrangement with the church across the street and said it is his understanding that there is an easement agreement in place to allow the church to use this parking lot. He added that they don't anticipate any issues with parking. Blum asked Friedman if he has any objections to making a "Y-shaped" driveway with forced right turns. Friedman said no. Waldhauser said the issues of traffic and site access sound similar to others they've heard in the past. She said she doesn't think this proposed facility will make the situation better or worse or has to do with this applicant. Baker agreed that the proposed Conditional Use Permit doesn't change traffic very much but he thinks the City Council should take action on the issues raised by the neighbors. Kluchka suggested that Segelbaum send a letter to the City Council as soon as possible asking them to address the traffic issues. Segelbaum said he agrees that pedestrian access, sidewalks and traffic on Golden Valley Road and on Zane Ave. should be studied. Baker said there needs to be a crosswalk at Golden Valley Road and Zane Ave. for the foot traffic. Johnson agreed that it doesn't make sense to walk around the building to get to the front of it. Segelbaum asked the Commissioners how they felt about the lighting on the property. Baker suggested adding a condition stating that the City encourages the applicant to bring their lighting up to code if it isn't already. Segelbaum stated that staff should determine if bringing the site up to code is required. Kluchka suggested adding a condition regarding the installation of bicycle racks. Zimmerman stated that bicycle racks are required so a condition does not need to be added. Baker said he would like the square footage of the retail space to be re-calculated if the public restrooms and reception area are included. Zimmerman stated that if those areas need to be added the numbers will be adjusted accordingly. Kluchka asked if the issue regarding sidewalks should be referred to the sidewalk committee or if that should be added as a condition. Waldhauser said that should be a part of the letter written to the City Council because the applicant for this proposal can't address or resolve the sidewalk issues. Waldhauser referred to finding #8 in the staff report which states that the proposed use is not anticipated to attract pests. She suggested that be worded differently because there will be fresh and packaged food in the food shelf area. Baker agreed. Segelbaum suggested the finding be softened to state that pests will be of an amount that is expected with this type of use. Minutes of the Golden Valley Planning Commission March 14, 2016 Page 10 Baker said he is generally in favor of the proposed request. It is not a major change in the impact to the neighborhood and it is a valuable service in Golden Valley. Blum agreed and added that they are bringing jobs to Golden Valley, serving many different needs, and there is support in the community for this use. MOVED by Waldhauser, seconded by Kluchka and motion carried unanimously to recommend approval of a Conditional Use Permit at 5905 Golden Valley Road to allow for accessory retail sales incidental to permitted uses in a Light Industrial zoning district subject to the following findings and conditions: Findings: 1. Demonstrated Need for the Proposed Use: PRISM is an existing business in Golden Valley that has shown that demand exists for the social services they provide. Based on their past experiences, they are able to accurately predict the expected amount of demand there will be for the food shelf and thrift shop. JFCS is a well-established organization that has been providing essential services to the local community since 1910. The organization would like to relocate offices from Minnetonka to Golden Valley. 2. Consistency with the Comprehensive Plan: An office and warehouse use with a retail component comprising less than 10% of the building's gross floor area is consistent with the Light Industrial designation of this property on the General Land Use Plan Map. 3. Effect on Property Values: Renovations to the building on the subject property may have a positive impact on its own estimated value, but staff does not anticipate that the new use would have a positive or negative impact on the surrounding property values. 4. Effect on Traffic: The number of trips generated by the proposed retail, office, and warehouse uses are minimal. The current uses in the building generate a very comparable amount of traffic to the site, which do not cause any negative impacts to the area. Staff does not expect any negative traffic impacts to the surrounding areas resulting in the introduction of the proposed retail. 5. Effect of Increases in Population and Density: The proposed use may generate a minimal increase in the number of employees at the location, but the number of employees will be limited based on the size of the building. The potential for a minimal increase in the number of employees on site does not threaten the health, safety, and welfare of the community. 6. Increase in Noise Levels: The proposed use is not anticipated to cause an increase in noise levels. The majority of activities associated with the proposed uses will occur within the interior of the building, thereby reducing the impact to the surroundings. 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 any more pests than what is expected with this type of use. 9. Visual Impact: Because the proposed use would involve only interior modifications and only a slight increase in parking spaces on the existing pavement, staff does not anticipate a change in the visual quality of the property. The applicant must abide by Minutes of the Golden Valley Planning Commission March 14, 2016 Page 11 all regulations regarding fencing, screening, outdoor lighting, and outdoor storage, as stated in the Golden Valley City Code. 10.Other Impacts to the City and Residents: Staff does not anticipate any other negative effects of the proposed use. Conditions: 1. The plans by submitted by Pope Architects on January 12, 2016, shall become a part of this approval. 2. Retail space is limited to 5,164 square feet of the gross floor area of the building. If more retail space is desired in the future, the Conditional Use Permit must be amended to reflect the increased size. 3. Hours of Operation for the PRISM food shelf and the thrift shop are limited to 9 am — 7 pm on Monday through Friday and 10 am — 2 pm on Saturdays. Any extension to these hours requires an amendment to the Conditional Use Permit. 4. All parking regulations found in Section 11.70 of City Code (Off-Street Parking and Loading Regulations) shall be met prior to the issuance of a building permit or certificate of occupancy. 5. Food shelf and thrift shop customers shall be directed by PRISM to enter the property from Zane Avenue. Directional signs shall be provided. 6. In the event complaints to the City regarding parking are deemed by the City Manager or his/her designee to be significant, the City reserves the right to require signage be installed to highlight the parking near the entrance to the PRISM food shelf and thrift shop. The City reserves the right to require that these parking spaces be reserved for customer use. Other modifications to the days or hours of operation may be required to adequately address parking concerns. 7. All signage must meet the requirements of the City's Sign Code (Section 4.20). 8. The applicant shall explore options to provide pavement markings on the property that support the safety of pedestrians accessing the retail space. 9. This approval is subject to all other state, federal, and local ordinances, regulations, or laws with authority over this development. Informal Public Hearing I General Land Use Plan Map Amendment— 2415 and 2445 Winnetka ve. N. — CPAM-57 Ap 'cant: Van Tran an Lawrence Johanns Address 2415 and 24 5 Winnetka Ave. N. Purpose: hange t e design n the General Land Use Plan Map from Low nsit Re ' ial to Commercial Retail/Service. 4. Informal Public H n Property Rezoning — 2415 and 2445 Winnetka Ave. N. — ZO1 Applic Van Tran nd Lawre r,,,e Johanns dress: 2415 and 445 Winnetka Ave. N. city (") 0 C/, <! valley Fire Department 763-593-8080/ 763-593-8098 (fax) Date: March 7, 2016 To: Jason Zimmerman, Planning Manager From: Rick Hammerschmidt, Deputy Fire Chief Subject: CUP #144, Jewish Family & Children's Service of Minneapolis, 5905 Golden Valley Rd I have reviewed the conditional use permit information for the Jewish Family & Children's Service of Minneapolis located at 5905 Golden Valley Road and have listed my comments below. • This building is currently protected with a fire sprinkler system but unknown if it's completely protected. If it's found not to be 100% protected with a NFPA 13 System, it would need to be brought up to code. • If the buildings current fire alarm system does not meet NFPA 72 and UL Certifications, it will need to be brought up to code. SUMMARY AND RECOMMENDATIONS Based on the site conditions depicted and the comments required above, the fire department finds the proposed CUP #144 acceptable. If you have any questions, please feel free to contact me at 763 593-8080 or by email, rhammerschmidt(a)-o) cttvof l cn MEMORANDUM valley P Physical Development Department Y 763-593-8030/753-593-3988(fax) Date: March 11, 2016 To: Emily Goellner, Associate Planner/Grant Writer From: Jeff Oliver, PE, City Engineer Subject: Conditional Use Permit at 5905 Golden Valley Road Jewish Family and Children's Services Engineering staff has reviewed the proposed Conditional Use Permit for Jewish Family and Children's Services at 5905 Golden Valley Road. In specific, staff has reviewed the concerns relating to traffic impacts from the proposed change of use at this address. The Golden Valley Police Department, in conjunction with the Traffic Safety Committee, has been addressing existing traffic concerns expressed by residents on Golden Valley Road between Douglas Drive and Lilac Drive. These residents are primarily concerned about traffic speed. Therefore, the Police Department has been performing targeted traffic enforcement as resources permit for the last several months and issuing tickets as appropriate. Because these violations are an existing condition, there will likely be no change to the condition resulting in the change of use at the subject property. Trip generation from the proposed uses at the subject property will generally be consistent with the existing office/warehouse use. Given the limited size of the proposed retail use on site, it will not generate significant traffic, and those trips will likely be distributed throughout the day rather than being concentrated into morning and evening peak hours. The is adequate capacity on Golden Valley Road, Zane Avenue, Lilac Drive and Douglas Drive to accommodate the traffic from this site. C: Marc Nevinski, Physical Development Director Jason Zimmerman, Planning Manager GADevelopments-Private\5905 Golden Valley Road-JFCS 031116.docx ,r"FCS Jewish Family and Children's Service of Minneapolis Neighborhood Meeting—March 7,2016 Summary of Questions and Answers Regarding application for CUP for PRISM's food shelf and thrift shop at 5905 Golden Valley Rd 1. Will the entire building be occupied by JFCS and PRISM? The building will be owned by JFCS, and most of it will be occupied by JFCS and PRISM.The building was purchased by a charitable family foundation in December, and the foundation will donate the building to JFCS when renovations are complete in late 2017 or early 2018. Most current tenants will move out when their leases expire on December 31,2016.A few tenants may extend their leases to remain in the building when JFCS obtains ownership. 2. Will you have administrative offices in the building? If so,will there be more offices than in the current building layout? Both JFCS and PRISM will have administrative offices in the building.JFCS will have offices for program staff, executive leadership,finance, and other functions. PRISM will have offices for program and administrative staff as well. 3. Will there be a melding of services between JFCS and PRISM? JFCS and PRISM will continue to operate as separate 501(c)(3) nonprofits. PRISM will be a tenant of JFCS.The two organizations will collaborate and provide complementary services to clients. 4. Will the current tenants remain in the building? Most current tenants will move out when their leases expire on December 31,2016.A few tenants may extend their leases to remain in the building when JFCS obtains ownership. 5. Why do you have to put retail in the middle of this neighborhood? While the City of Golden Valley code considers the food shelf and thrift shop to be retail, neither is a traditional retail business.The food shelf does not, and cannot by law, charge any fee for the food it provides to clients.The thrift shop is used primarily by food shelf clients and other people in need. Items such as shirts and pants typically cost between$1 and$3. Hours are limited as discussed below. (Our reasons for selecting this location are discussed in the answer to number nine below.) 6. How will clients get there? Some clients use public transportation. Most drive,and many carpool with family members or other clients. 1 JF : Jewish Family and Children's Service of Minneapolis 7. What will the hours of operation be? PRISM's Marketplace Food Shelf is open four days a week for limited hours each day: Mondays 11-7,Tuesday and Wednesday 9-4, and Thursday 9-2.The food shelf is closed Friday-Sunday. PRISM's Shop for Change thrift shop is open weekdays for limited hours each day: Mondays 9-7 and Tuesday-Friday 9-4.The thrift shop is also open the first Saturday of each month from 10-2. We plan to have similar hours in the new location. 8. How many parking spots will there be? There are currently 181 parking spots, and JFCS has agreed to the City's request to add 18-20 additional spots. Most spots will be used by staff of the two organizations. PRISM typically has no more than 15 clients parked on site at any given time. 9. Why did you choose this location? With this incredibly generous gift from the donors,JFCS has the opportunity to own its first building for the first time in our 106 years of serving the community.The donors also have a strong interest in supporting JFCS' collaboration with PRISM, and want to make it possible for community members in Golden Valley and neighboring areas to receive the array of services provided by both JFCS and PRISM. In selecting a location,JFCS was advised by volunteers with experience and knowledge of real estate development and facility operations. The two primary factors in choosing a location were(1)geography and (2) building design. Regarding geography, both organizations are committed to continuing to serve the communities they have served for many decades. JFCS focuses on serving people who live in Minneapolis and the western suburbs. PRISM wants to continue having its operations in Golden Valley,and focuses on serving people who live in Crystal,Golden Valley, New Hope, Robbinsdale, and eastern Plymouth.Additionally, both organizations have many volunteers who live in the area, and are committed to having a location that works well for continued volunteer support. Regarding building design,the donors,JFCS and PRISM sought out a location that was built for a combination of warehouse and office space.The Richter building has this design, making it an excellent fit for the food shelf and thrift shop in the warehouse space,and staff work and meeting space in the office space. 10. Did you assess the impact you will have on traffic in the neighborhood? We do not anticipate having a significant impact on traffic in the neighborhood.We will have approximately the same number of workers driving to the building as currently do.And the small size of the food shelf and thrift shop will result in only a small amount of traffic to the building. On an average day the food shelf has 30 visitors and the thrift shop has approximately 70 shoppers. Very often the food shelf and thrift shop visitors are the same person. 2 �r APCs Jewish Family and Children's Service of Minneapolis Emily Goellner, representing the City, provided information about the traffic assessment conducted by city engineering staff. 11. Were there any promises made by the City about permitting for this location? No.We did not anticipate needing any special permits.At no time has any City official promised approval of the CUP. 12. What other retail uses are you planning? None.JFCS has operated as a social service agency for 106 years and has never had a retail site.We have no plans to operate any retail services. PRISM plans to continue operating the food shelf and thrift store in the same way and on the same scale it has been operating at its current location. It does not have any plans for expansion. 13. Can we add signage to slow traffic on Golden Valley Road? Emily Goellner, representing the City,said that she will bring this request to City staff, and said she will notify the police department of the meeting attendees' request for more traffic/speed enforcement. JFCS and PRISM are committed to a safe community where traffic is managed effectively and local residents' voices are heard. 14. Is PRISM part of a larger organization? No. PRISM is a solitary 501(c)(3) nonprofit that was incorporated in Minnesota in 1983. 15. What are the predicted changes in traffic when the planned roundabout goes in? Neither Emily Goellner, or JFCS and PRISM, have information about this topic. 3 March 14, 2016 To: City of Golden Valley City Commission Meeting Subject: PRISM I have lived 110 Kentucky Avenue South in Golden Valley for 20 years --my home is very close to the current location of PRISM. We have had many opportunities to drive past PRISM during that time. I have never noted any issues with the traffic and/or the clientele that would give me any concern. By comparison, the traffic and people who attend softball games the local park or the special events at local church are far more disruptive to homeowners in the surrounding area. As we have gotten to know more about PRISM, we became interested in becoming more involved. We started donating clothing and food to PRISM 8 years ago, I have been on the PRISM Board for the last year, and my husband has recently begun volunteering. The staff of PRISM does an excellent job of running this as a "business with a purpose". In our many visits to the facility, the staff have been warm and professional. The volunteers, whether as individuals or groups representing local churches and businesses, are committed and passionate about the service being provided. Most importantly,the recipients of the services are our neighbors—families who need help feeding their families or senior citizens who are forced to make choices between prescriptions and food. I hope you will support the move of PRISM /JCFS within Golden Valley. Sincerely, Liz Elder Liz Elder and Rob Pope 110 Kentucky Av. South Golden Valley, MN 55426 fl E w ti TO: Golden Valley Planning Commission 'ff MAR 14 7016 Prepared by Ann Bennion, 1125 Welcome Circle,for the Public Hearing Monday, March 14 id-1-6;7prn--(2-pgs�)____ SUBJECT: 10 REASONS TO DENY A CONDITIONAL USE PERMIT(CUP)TO JEWISH FAMILY AND CHILDREN'S SERVICE OF MPLS (JFCS) ZONING The area in question area is zoned light industrial. Retail use was not considered because 1)the traffic and noise would negatively impact the nearby residences and 2)the City's comprehensive plan provides retail locations in other parts of the City. JFCS's CUP request is for a retail store to enable the new tenant, Prism, to operate a thrift store. We contend that the request for a CUP for this location is counter to intent of the city's Comprehensive Plan. The question becomes why grant a CUP when there are already approved alternatives? TRAFFIC According to JFCS information provided to the City, approximately 70 people a day visit the thrift store and the food shelf 30 per day. It is unknown the number of initial staff moving in, but it is understood that as the current leases expire,the space will be taken by either Prism of JFCS personnel totaling another 130 people. The number of cars there today is now known, however, most of them are parked for the day. Golden Valley Road is the obvious route to the building for all vehicles. This road is already well-traveled since it is a main east/west routes to downtown Golden Valley. In the past, there have been complaints of excessive speed on Golden Valley Road. Because safety is an issue due to the many driveways,the Police on several occasions that set out a 'speed indicator' signs. The question then becomes, how can safety be assured considering the speed issue in combination with the additional car traffic? PARKING JFCS is proposing removing the docks and replacing them with parking slots due to the increased parking spaces needed. Taking out the dock area and replacing this with parking slots does not seem an adequate amount of spaces considering the additional amount of daily traffic. If there is not enough parking, the overflow will spill out onto Oak Grove and the surrounding businesses. The question becomes, how many people are going to be working for or supporting the food shelf and thrift store and how are they accounted for in the parking equation now and in the future when the additional 130 move into the building? In addition, does Golden Valley have different parking requirements for office/warehouse than retail? DONATIONS BOX There is a large box currently in front of the Prism location on Florida Avenue for donations. It is presumed this box is going to come to the Stillman property. Will it be stored outside or inside? If outside it takes parking spaces and if inside does it count toward the retail space and parking requirement? PROPERTY VALUES The presence of a retail operation and one that is similar to The Salvation Army in operation will have a negative impact on the surrounding residential area. From a residential perspective, we will eventually sell our homes and we have a vested interest to keep property values as high as possible. From the City's perspective,they also want homes to hold and increase in value to protect the real estate tax base. There is no reason to jeopardize our home values when there are alternative locations for this type operation. How can the City protect the homeowners from a devaluation in their property caused by this CUP? Page 2 TAXES The nearby residences annually aggregately pay approx. $361,000 in real estate taxes. This Stillman Family Foundation property classified as 'industrial preferred' pays$96,000 annually. This foundation currently is not recognized as a charity with the IRS but their 'partnership'with Prism may classify them as such. The question becomes, if their 'partnership' with Prism changes their tax status with the IRS to a charity, would the property be classified as 'commercial preferred'or some other classification and what would the effects be on the real estate taxes? NOISE Currently the lessors of the building are not retail and therefore are not going in and out of the building during the day. Due to the nature of retail, there will be an increase in noise due to the increase in cars and foot traffic. The schedules of the new people that are slated to ultimately move into the building are unknown but it is a given that the amount of noise will increase significantly. No question necessary. HOURS Currently the Prism food shelf and thrift store are not open in the evening. (The hours at Prism's food shelf are 11-7 Mon, 9-4 Tues&Wed, 9-2 Thurs;the thrift store 9-7 Mon, 9-4 Tues, Wed,Thurs and the 15L Sat of the month 10-2) The CUP is for allowing 'retail use' and does not govern hours. Therefore, these hours could change to include evenings and weekends as well which would add to the traffic and noise problems. The question is, can CUP control the retail hours? LIGHTING The lights now on the building shine into the nearby residences which mean they probably do not meet the City's building outside lighting ordinances. This needs to be addressed (measured) and corrected if found in noncompliance. Since winter is a 6 month event in Minnesota,the question is, can this measurement be done prior to leaf-out? FRAGILITY Because the neighborhood is surrounded by light industrial, it is considered 'fragile' as what happens in the industrial area affects the neighborhood. We are also affected by the more than numerous Police calls to the apartments on Douglas Drive just north of the neighborhood not to mention the recent drug raid in the neighborhood. The addition of a retail operation and its unknowns adds to this fragility. Neighborhoods can 'go south' quickly so how can the City protect the residences? 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Jz J zUID NO wz1`p` t0wwwc vouo m'a w Waom pmp� I�LLN _ WWZ� Ov f ZUN m VU^ VU^ VQILLLLLo W W LL m m W¢p m ��LLSo� o� pwo_ JW .why mZwLL / 1 / 1 ( 1 w7LL0 W ILLN iWi�zUN V O Oj m 0 U C p W W1-11 WW Z�� �IL�'%7�'� ;�(''�II',•''1 �''"I�p''I I 0 zc w U_N U LJ `� lJ L.J IJ w \- w U W, J w m WO pUm ZUy w z�4 Y C ZQ U O -W S, mai I F-h1 ?0m LL�m xWx U LL W pw cn U- co w /n cncqOl D � w NN C� w LI. U O LL O O O U)i J LL U- Z U) uu -- O J= LL q 011 Z co N N ORDINANCE NO. 596, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Approval of Conditional Use Permit Number 144 5905 Golden Valley Road Jewish Family & Children's Service of Minneapolis, 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 11.35, by approving a Conditional Use Permit for a certain tract of land at 5905 Golden Valley Road, thereby allowing Accessory Retail Services and/or Sales Incidental to a Permitted Use in the Light Industrial 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. PRISM is an existing business in Golden Valley that has shown that demand exists for the social services they provide. Based on their past experiences, they are able to accurately predict the expected amount of demand there will be for the food shelf and thrift shop. JFCS is a well-established organization that has been providing essential services to the local community since 1910. The organization would like to relocate offices from Minnetonka to Golden Valley. 2. An office and warehouse use with a retail component comprising less than 10% of the building's gross floor area is consistent with the Light Industrial designation of this property on the General Land Use Plan Map. 3. Renovations to the building on the subject property may have a positive impact on its own estimated value, but staff does not anticipate that the new use would have a positive or negative impact on the surrounding property values. 4. The number of trips generated by the proposed retail, office, and warehouse uses are minimal. The current uses in the building generate a very comparable amount of traffic to the site, which do not cause any negative impacts to the area. Staff does not expect any negative traffic impacts to the surrounding areas resulting in the introduction of the proposed retail. 5. The proposed use may generate a minimal increase in the number of employees at the location, but the number of employees will be limited based on the size of the building. The potential for a minimal increase in the number of employees on site does not threaten the health, safety, and welfare of the community. 6. The proposed use is not anticipated to cause an increase in noise levels. The majority of activities associated with the proposed uses will occur within the interior of the building, thereby reducing the impact to the surroundings. 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 any more pests than what is expected with this type of use. 9. Because the proposed use would involve only interior modifications and only a slight increase in parking spaces on the existing pavement, staff does not anticipate a change in the visual quality of the property. The applicant must abide by all regulations regarding fencing, screening, outdoor lighting, and outdoor storage, as stated in the Golden Valley City Code. 10. Staff does not anticipate any other negative effects of the proposed use. Ordinance No. 596 -2- April 5, 2016 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 by submitted by Pope Architects on January 12, 2016, shall become a part of this approval. 2. Accessory retail space is limited to 5,164 square feet of the gross floor area of the building. If more retail space is desired in the future, the Conditional Use Permit must be amended to reflect the increased size. 3. Hours of operation for the accessory retail sales are limited to 9 am - 7 pm on Monday through Friday and 10 am - 2 pm on Saturdays. Any extension to these hours requires an amendment to the Conditional Use Permit. 4. All parking regulations found in Section 11.70 of City Code (Off-Street Parking and Loading Regulations) shall be met prior to the issuance of a building permit or certificate of occupancy and shall continue to be met throughout the duration of the permit. 5. Retail customers shall be directed by the property owner to enter the property from Zane Avenue. Directional signs shall be provided. 6. In the event complaints to the City regarding parking are deemed by the City Manager or his/her designee to be significant, the City reserves the right to require signage be installed to highlight the parking near the entrance to the accessory retail space. The City reserves the right to require that these parking spaces be reserved for customer use. Other modifications to the days or hours of operation may be required to adequately address parking concerns. 7. All signage must meet the requirements of the City's Sign Code (Section 4.20). 8. The applicant shall explore options to provide pavement markings on the property that support the safety of pedestrians accessing the retail space. 9. 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: Parcel A: That part of Lot 1, Block 1, Lindsay's Second Addition embraced within Lots 11 and 12, Bock 4, Hipp's Addition, Hennepin County, Minnesota. That part of the following described property: Lot 1, except that part thereof lying West of the East line of the Southwest Quarter of the Southwest Quarter of Section 28, Township 118, Range 21, and except that part of said Lot 1 embraced within Lots 11 and 12, Block 4, Hipp's Addition, Block, 1, and Lot 2, except that part of said Lot lying within the southwest Quarter of the Southwest Quarter of Section 28, Township 118, Range 21, Block 1; which lies Northwesterly of the Northeasterly extension of the Northwesterly line of the Southeasterly 35 feet of Lot 6, Lindsay's Second Addition. Lot 6, except the Southeasterly 35 feet thereof; The Southeasterly 100 feet of Lot 5, Block 1, Lindsay's Second Addition, Hennepin County, Minnesota. Parcel B: That part of Lots 1 and 2, Block 1, Lindsay's Second Addition, lying within the Southwest Quarter of the Southwest Quarter of Section 28, Township 118, Range 21, Hennepin County, Minnesota. Ordinance No. 596 -3- April 5, 2016 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 5th day of April, 2016. /s/Shepard M. Harris Shepard M. Harris, Mayor ATTEST: /s/ Kristine A. Luedke Kristine A. Luedke, City Clerk citynf go 1 d e MEMORANDUM a. yr Physical Development Department 763-593-80951763-593-8109(fax) Executive Summary For Action Golden Valley City Council Meeting April 5, 2016 60 day deadline: March 28, 2016 60 day extension: May 27, 2016 Agenda Item 4. B. Public Hearing- Amendments to the General Land Use Plan Map and Zoning Map - 2415 and 2445 Winnetka Avenue North - Lawrence Johanns and Van Tran, Applicants Prepared By Jason Zimmerman, Planning Manager Summary The applicants, Lawrence Johanns and Van Tran, own the properties at 2415 and 2445 Winnetka Avenue North, respectively, and are requesting amendments to both the City's General Land Use Plan Map and the Zoning Map in order to prepare the properties for potential commercial redevelopment once they are sold and combined in the future. Background and Existing Conditions The property at 2415 Winnetka Avenue North is 0.59 acres in size and is currently occupied by a single family home with a detached garage. The lot is wooded and the home is mostly screened from view by vegetation. The property at 2445 Winnetka Avenue North is 0.84 acres in size and currently houses the Veritec, Inc. office building. The property was rezoned from Residential to Business and Professional Office in 1974. Over time, the building has housed medical and dental offices as well as a treatment center for teens. The current tenant, Veritec, produces ID cards and other software products. Parking for the building is located both to the north and to the south in separate lots with separate access points off of Winnetka Avenue. The two properties are bounded to the north by the Golden Valley Cemetery, to the west and south by single family homes, and to the east - across Winnetka Avenue - by Walgreen's, a vacant restaurant, and a portion of a vacant light industrial building. The restaurant and light industrial building, along with other properties to the east, are planned for residential redevelopment into townhomes and an apartment building as part of the Liberty Crossing project. A significant change in grade occurs along the west side of the property at 2445 Winnetka, with the adjacent single family homes sitting approximately 20 feet above the base elevation of the Veritec building. The change is grade is less pronounced for the property at 2415 Winnetka. General Land Use Plan Map Amendment Both properties are currently designated Low Density Residential, which accommodates densities of less than five units per acre. Under the current proposal, the General Land Use Plan Map would be amended so that both properties would be redesignated as Commercial Retail/Service, which accommodates all types of retail. Zoning Map Amendment The property at 2415 Winnetka Avenue North is currently zoned Single Family Residential (R-1), which provides for single family dwellings. The property at 2445 Winnetka Avenue North is currently zoned for Business and Professional Office (BPO) use, which allows office uses and some additional uses - including financial institutions, limited retail services when located within a professional office building, and child care facilities, among others -through a Conditional Use Permit. Under the current proposal, the Zoning Map would be amended so that both of the properties would be zoned Commercial, which would allow for a range of retail and service activities by right and a number of additional activities through a Conditional Use Permit. Planning Commission Deliberations At the March 14, 2016, Planning Commission meeting the Commission voted 6-0 to recommend denial of both the land use redesignation and the rezoning. Specifically, the Commission was concerned about impacts to the single family neighborhood to the west and the reduced ability of the City to provide for mitigation of impacts under a Commercial zoning. Five residents spoke in opposition to the proposal; one spoke in favor. Attachments • Location Map (1 page) • Unapproved Planning Commission Minutes dated March 14, 2016 (6 pages) • Memo to the Planning Commission, dated March 14, 2016 (5 pages) • Memo from Fire Chief John Crelly dated March 7, 2016 (1 page) • Applicant's Narrative (2 pages) • Comprehensive Plan Table of Land Use Definitions (1 page) • Commercial Zoning District Section of the City Code (7 pages) • Business and Professional Office Zoning District Section of the City Code (5 pages) • General Land Use Plan Map (1 page) • Official Zoning Map (1 page) Recommended Action Motion to deny the General Land Use Plan Map Amendment, redesignating 2415 and 2445 Winnetka Avenue North from Low Density Residential to Commercial Retail/Service. Motion to deny the Zoning Map amendments, rezoning 2415 Winnetka Avenue North from a Single Family Residential (R-1) Zoning District to a Commercial Zoning District and 2445 Winnetka Avenue North from a Business and Professional (BPO) Zoning District to a Commercial Zoning District. _. c NEW HOPE } i y 7 Medicine Lake 5�8,8,8,I 79 81398,0, �._.._. �__ ------7751 ttilll • 2550 7825 �— 8025 2575 505\ 2500 8140 8100 • 2485 r.5th A. 8159 8101 2480 2480 2485 — 2500 2445 [SSS 2 2400 2405 2440 2445 Z 2450 ' 2405 i Subject Properties 4 m 2440 2485 a 4th Ave N 2380 2385 8020 2425 n • Q 8040 > 2480 Z 400 2375 p 2400 • 7 N Y 2360 2365 2515 c Jonellen Ln 2355 0 z 8015 2335 8005 2340 2345 8045 7979 2409 2320 8100 8040 8020 8000 Q 2430 350 2315 \ 7980 2337 m • ",>, Wynnwood Rd / 8155 330 8135 8105 8045 8015 2315 Z 2320 2325 m Q cn `m 2300 2300 8250 8200 8180 8140 8100 8040' 8020 8000 • 231dAve N Minutes of the Golden Valley Planning Commission March 14, 2016 Page 11 all regulations regarding fencing, scr ening, outdoor lighting, and outdoor storage, stated in the Golden Valley City ode. ,0, 10.0 r Impacts to the City and Re dents: Staff does not anticipate any other nega e effects of the proposed us . Conditions: 1. The plans submitted by Pope rchitects on January 12, 2016, shall become a part of this a roval. 2. Retail space is, ited to 5,164 square feet of the gross floor area of,ft. .,building. If more retail space)q desired in th future, the Conditional Use Permit must be amended to reflect fh► increased ize. 3. Hours of Operation foN e PRIS ' food shelf and the thrift shop are limited to 9 am — 7 pm on Monday through Fridand 10 am — 2 pm on Saturdays. Any extension to these hours requires an arse ment to the Conditional Use Permit. 4. All parking regulations found irt, ection 11.70 of City Code (Off-Street Parking and Loading Regulations) shall be rior to the issuance of a building permit or certificate of occupancy. 5. Food shelf and thrift shop custo ers shall be directed by PRISM to enter the property from Zane Avenue. Di ctional signs shall be provided. 6. In the event complaints to the ty regard ing;,,parking are deemed by the City Manager or his/her designee t be significant,"the City reserves the right to require signage be installed to highligh the parking near the entrance to the PRISM food shelf and thrift shop. The City r serves the right to`require that these parking spaces be reserved for custom r use. Other modifications to the days or hours of operatiorl,may be required to a equately address parking concerns. 7. All sig ge must meet the req ements of the City's Sign,Qode (Section 4.20). 8. The plicant shall explore opti ns to provide pavement markings on the property tha support the safety of pede rians accessing the retail space,, 9. T is approval is subject to all of r state, federal, and local ordinAqRz, egulations, or laws with authorit over this development. 3. Informal Public Hearing - General Land Use Plan Map Amendment— 2415 and 2445 Winnetka Ave. N. — CPAM-57 Applicant: Van Tran and Lawrence Johanns Addresses: 2415 and 2445 Winnetka Ave. N. Purpose: To change the designation on the General Land Use Plan Map from Low Density Residential to Commercial Retail/Service. 4. Informal Public Hearing — Property Rezoning — 2415 and 2445 Winnetka Ave. N. — Z019-07 Applicant: Van Tran and Lawrence Johanns Address: 2415 and 2445 Winnetka Ave. N. Minutes of the Golden Valley Planning Commission March 14, 2016 Page 12 Purpose: To rezone 2415 Winnetka Ave. N. from Single Family Residential (R-1) to Commercial and to rezone 2445 Winnetka Ave. N. from Business and Professional Offices to Commercial. The Informal Public Hearings and discussion for Items 3 and 4 were combined. Zimmerman explained the applicants' request to re-designate and rezone the properties located at 2415 and 2445 Winnetka Ave. N. to prepare them for future commercial redevelopment. He stated that the applicants held a neighborhood meeting on March 7 which five residents attended. Concerns at the meeting were related to the impacts of Commercial uses on the single family homes to the west including: hours of operation, noise, privacy, and loss of mature trees. Zimmerman discussed many of the permitted and conditional uses that would be allowed if the properties were re-designated and rezoned to Commercial. He also discussed the traffic impacts and stated that business and offices uses typically have the greatest amount of traffic in the AM and PM peak periods and commercial, depending on the specific use, usually sees the trips spread throughout the day and are more likely to involve evening and weekend activities. Zimmerman stated that staff supports the concept of re-designating and rezoning both properties to allow Business and Professional Office uses, but is recommending denial of re-designating and rezoning the properties to Commercial based on the likely impacts to the adjacent single family neighborhood. Kluchka asked if this proposal would be considered "spot zoning." He also asked if the center turn lane on Winnetka Ave wdOV affect commercial uses on these properties. Zimmerman stated that the City's conc&n with changing these properties to Commercial is that many uses in the Commercial zoning district would be allowed by right and the City would lose some control over the impacts to the neighboring properties. He reiterated that the City supports redevelopment for these two properties but feels that Business and Professional Offices zoning would be more appropriate. Segelbaum asked if the Liberty Crossing development across the street from these properties had to align their driveway access. Zimmerman said yes and added that in that case it had to do with the crest of the hill on Winnetka Ave. Segelbaum asked if it would be appropriate to consider re-designating and rezoning the properties to Business and Professional Offices even if the applicant is asking that the properties be Commercial. Zimmerman stated that the City has to respond to the request that is being made, but the Planning Commission can pass on comments to the City Council, or consider this area during the Comprehensive Plan update process. Nick Naboka, The Caspian Group (formerly NAI Everest), representing the applicants, stated that they would like to re-designate and rezone the properties to accommodate future development. He stated that both properties are aged and outdated and are no longer capable of attracting new tenants. He stated that redeveloping this site will bring in much needed investment of a modern, more viable asset that will serve the neighborhood. He Minutes of the Golden Valley Planning Commission March 14, 2016 Page 13 said current plans could include a child care facility, an ATM station or a hair salon. He stated that this is a narrow site that is cut off from the neighborhood to the west and traffic volume will not increase because it will be just a small service location. He added that these properties won't work for office tenants because they want a bigger space with more amenities. He said it is also important to note that the recently approved Liberty Crossing project across the street will provide opportunity for a better product on this site. Redeveloping this site will be a benefit to this neighborhood and will generate income for the City and will provide a new look to this gateway location. He referred to the neighbors' concerns about noise and traffic and said that in looking at the history of the area it is highly unlikely that a business that has failed repeatedly will be put in at this location and because of the small size of the site it will be a small service type of business tailored to the neighborhood. He added that they have explored office use at this site but it would not be supported by investors. He reiterated that the site is not fit for any viable use unless it is rezoned to Commercial. Segelbaum asked Naboka if he is only interested in rezoning the properties to Commercial and nothing else. Naboka said yes, that is the market reality. Segelbaum asked if the proposed uses Naboka has in mind would be allowed in the Business and Professional Offices with a Conditional Use Permit. Naboka said some are, but given the size of the site it would not be viable or competitive. Lawrence Johanns, Applicant, 2415 Winnetka Avenue North, stated that he no longer has much use for the office building and if both properties are rezoned together they can do a better development. Van Tran, Applicant, 2445 Winnetka Avenue North, said she hopes the development across the street will bring opportunity for this site. She said wants the timing of the redevelopment of this site tied to the timing of the LibertyCrossing project. She added that the trees on the site are getting old and new construction would improve the area. Waldhauser asked Johanns if it has been difficult to lease space in the office building. Johanns said the building needs a lot of upgrading. Tran added that the taxes on the property are also quite high so she can't compete with other office space in the area. Waldhauser asked the applicants if they had considered higher density housing on this site. Naboka said their intent is to have the least intrusive use as possible and that higher density housing would be more impactful to the residents. Segelbaum asked if the cemetery has impacted the marketability of the office space. Johanns said no and added that the interest they've had would be in both properties being rezoned together. Segelbaum opened the public hearing. Jerry Lefever, 7979 Jonellen Lane, urged the City not to rezone these properties to Commercial. He said the best thing would be residential and that commercial would be difficult with the intersection. Minutes of the Golden Valley Planning Commission March 14, 2016 Page 14 Chuck Griffith, 7979 Jonellen Lane, discussed the grade and the buffer of trees on the properties to the south and stated that a commercial use would be noisier and will impact the property values in the area. He added that there are two houses in the area that are not owner occupied and they could be pressured to rezone those properties to Commercial too. Waldhauser asked Lefever how he would feel about a 3-story apartment building. Lefever said twin homes would be more appropriate because an apartment building would not fit. Kirsten Hoffstedt Keefe, said she is speaking for her mother, Diane Hoffstedt ;2450 Valders Avenue North. She stated that the loss of the trees has increased the visibility to Walgreen's and the lighting from Walgreen's. She noted that if the site is used for a daycare that would be allowed if the property is zoned Business and Professional Offices. She said it is difficult to debate all of the different options without knowing a specific proposal. She said there are concerns about noise, height, lighting, and lack of control by the City and recommended that the property stay zoned Business and Professional Offices. Victoria Hopponen, 2400 Valders Avenue North, read a statement from her mother Lilliane Hopponen. She said they bought the property at 2415 Winnetka Ave. in 1959 because they were impressed with all the trees and the topography. Now the property is referred to as aged and outdated. She has no idea of its condition, but she does know of five different groups who have lived there. She questioned why the properties would have to change from residential to commercial use to accommodate redevelopment and she sees no comfort and convenience of local residents except for the two people involved and possibly the City. She stated that they built their house to the west so they could have a walk-out basement and they left as many of the natural contours as possible. She asked that the Planning Commissioners be conservationists and have some concern for the living things that will be exterminated if all of the trees and plants between Valders and Winnetka are removed and asked why everything has to be flat and grassy. (Ms. Hopponen submitted a list of "inhabitants and visitors" she has seen in the area.) She asked who would like to have a child care facility or restaurant plus the parking 42 feet from their back door. She said she doesn't believe for a moment that the true reason for wanting to change these properties to commercial is only to give a beautifying facelift by replacing the aged, outdated and worn buildings to benefit the local residents. She implored the City to strongly consider keeping the properties zoned Residential because trees are one of the biggest assets of the area acting as a buffer from the noise and pollution from Winnetka Ave. Ms. Hopponen said she was speaking for herself at this point. She stated that their house has floor to ceiling windows and they are always looking down at these properties. They get all the noise from Winnetka and she doesn't want to live without being able to open windows. She said there are other amenities all around the area and the applicants want to rezone the properties so they can get a higher price for them. Chris Gunn, 8000 Wynnwood Road, said he drives by the building on Winnetka and it is an eyesore. He said he would much rather see a retail use on these properties and something aesthetically pleasing rather than a vacant building. He questioned who would want to live there if the properties were rezoned to residential and said no one would buy the properties if they are residential. Minutes of the Golden Valley Planning Commission March 14, 2016 Page 15 Seeing and hearing no one else wishing to comment, Segelbaum closed the public hearing. Segelbaum asked if all the trees could be removed. Zimmerman stated that a certain amount would have to be retained, but a number of them could be removed. Segelbaum noted that the height is limited to three stories in the Business and Professional Offices and Commercial zoning districts and asked about the height requirements in the higher density residential zoning districts. Zimmerman stated that the height requirement varies depending on the district. Blum stated that Winnetka Ave. is one of the only non-highway roads that completely bisects Golden Valley and it strikes him as an important thoroughfare in the City. Also, the Winnetka Ave. and Medicine Lake Rd. intersection is a major intersection. He said there is a large development going in across the street and he thinks the kinds of decisions made in the past point in the direction of higher density development in this location. Kluchka said he is not sure the applicants are aware of the soil conditions in this area and anything built here would take a significant investment and would need to be high density residential, but it doesn't need to copy what is located to the north. He said he would like to see the all the properties from Medicine Lake Rd. to 2325 Winnetka to the south, including the cemetery, bundled together and be redeveloped because this is a gateway location. He added that he is not in favor of changing the properties to Commercial. He would be interested in the Business and Professional Offices designation but only with a bigger group of properties. Johnson said it is a slippery slope when there is no natural barriers between two distinct types of zoning. He said the uses co-exist now, but changing that would dramatically change the area for no real reason so he would support the lowest density residential zoning district. Baker asked how the discrepancy occurred between the Comprehensive Plan Map and the Zoning Map for the property at 2445 Winnetka Ave. Zimmerman explained that the property was rezoned to Business and Professional Offices, but the Comprehensive Plan Map was not amended. Baker said he would want the area to be residential, not commercial because it is a large area of residential and he questions why this one site should be commercial. Waldhauser stated that there is a lot of commercial uses in the area that haven't been successful and questioned what would make it successful on these properties. She said she is open to considering Business and Professional Offices, but she would like to study the options more in order to decide what these properties should be. Segelbaum stated that usually there is a specific design or use proposed so it is easier to review the impacts. He said he doesn't want to detract from the value of the surrounding properties and that he would be open to considering Business and Professional Offices. He said he thinks these properties do need to be redeveloped and encouraged the applicants to come back with a specific plan to help residents visualize what sort of development could occur and how it would fit in. Minutes of the Golden Valley Planning Commission March 14, 2016 Page 16 MOVED by Waldhauser, seconded by Kluchka and motion carried unanimously to recommend denial of the request to change the designation on the General Land Use Plan Map from Low Density Residential to Commercial Retail/Service for the properties at 2415 and 2445 Winnetka Ave. N. Zimmerman stated that an application will come back in the future, or as part of the Comprehensive Plan Update, to bring the properties into compliance with the Land Use Map. MOVED by Waldhauser, seconded by Kluchka and motion carried unanimously to recommend denial of the request to rezone 2415 Winnetka Ave. N. from Single Family Residential (R-1) to Commercial and to rezone 2445 Winnetka Ave. N. from Business and Professional Offices to Commercial. --Short Recess-- \Bro on Meetings of th Housing and Redevelopment Authority, City l, Board of Zoning ppeals and other Meetings ed on the March 8 ouncil/ Manager meeting where they discussed the Community Cen r and the METRO Blue Line Golden Valley Road station d he sent an em to the City Council regarding developing these two items .design languag including sidewalks, fonts, etc. that, the two together. Baker asked K l'brhka if the go, I is to have a Golden Valley,lzcq<:'Cchka said the goal is to have a Golden'Valley ident' y. Zimmerman stated,Ih-bt he has images of the latest park and ride designs th he wou send to the C 'issioners. 6. Other Business • Council Liaison ort No report was given 7. Adjournment The meeting was adjourned at 10:34 p John Kluchka, Secretary Lisa Wittman, Administrative Assistant city of 9 0 MEMORANDUM valley Physical Development Department 763-593-8095/763-593-8109(fax) Date: March 14, 2016 To: Golden Valley Planning Commission From: Jason Zimmerman, Planning Manager Subject: Informal Public Hearing—Amendments to the General Land Use Plan Map and Zoning Map—2415 and 2445 Winnetka Avenue North — Lawrence Johanns and Van Tran, Applicants Summary The applicants, Lawrence Johanns and Van Tran, own the properties at 2415 and 2445 Winnetka Avenue North, respectively, and are requesting amendments to both the City's General Land Use Plan Map and the Zoning Map in order to prepare the properties for potential commercial redevelopment. Both properties are designated Low Density Residential on the City's General Land Use Plan Map. The property at 2415 Winnetka Avenue North is zoned Single Family Residential (R-1). The property at 2445 Winnetka Avenue North is zoned Business and Professional Office (BPO). The applicants hope to sell the two properties and envision a retail use occupying both parcels once they are combined in the future. Regardless of the City's eventual decision on the requested amendments, there is currently an inconsistency between the zoning designation and the guided land use at 2445 Winnetka that has existed since the 1970s and that should be resolved. Background and Existing Conditions The property at 2415 Winnetka Avenue North is 0.59 acres in size and is currently occupied by a single family home with a detached garage. The lot is wooded and the home is mostly screened from view by vegetation. The property at 2445 Winnetka Avenue North is 0.84 acres in size and currently houses the Veritec, Inc. office building. The property was rezoned from Residential to Business and Professional Office in 1974 after a similar request was denied in 1967. In 1975 the current building was constructed which required a variance from the required front yard setback in order to build closer to Winnetka Avenue. In 1982, a variance was requested to expand the building but was denied. Over time, the building has housed medical and dental offices as well as a treatment center for teens. The current tenant, Veritec, produces ID cards and other software products. Parking for the building is located both to the north and to the south in separate lots with separate access point off of Winnetka Avenue. The two properties are bounded to the north by the Golden Valley Cemetery, to the west and south by single family homes, and to the east—across Winnetka Avenue—by Walgreen's, a vacant restaurant, and a portion of a vacant light industrial building. The restaurant and light industrial building, along with other properties to the east, are planned for residential redevelopment into townhomes and an apartment building as part of the Liberty Crossing project. A significant change in grade occurs along the west side of the property at 2445 Winnetka, with the adjacent single family homes sitting approximately 20 feet above the base elevation of the Veritec building. The change is grade is less pronounced for the property at 2415 Winnetka. . Fs : o LID cp U10) Nits2 N � _ �iww 16 2 V. r . N r'r C3? General Land Use Plan Map Amendment Both properties are currently designated Low Density Residential, which accommodates densities of less than 5 units per acres. Under the current proposal, the General Land Use Plan Map would be amended so that both properties would be redesignated as Commercial Retail/Service, which accommodates all types of retail including restaurants. When 2445 Winnetka Avenue was rezoned in 1974, the associated change was not made to the General Land Use Plan Map. As such, there is an inconsistency that currently exists between the Zoning Map and the Comprehensive Plan. If approval of this proposal is not granted, the City should still move to amend the General land Use Plan Map and should redesignate 2445 Winnetka Avenue for Commercial Office use to resolve the issue. Recent amendments to the General Land Use Plan Map have resulted in commercial areas to the east, across Winnetka, being redesignated as High Density Residential. The applicants point to the loss of commercial space as one reason to support this proposal. They are hopeful that the properties could be redeveloped for a child daycare and/or restaurant use, but ultimately this decision would be left to a new property owner. Once rezoned the City has little, if any, say in what type of permitted commercial use could locate there. Any proposed Comprehensive Plan amendment must be sent to the Metropolitan Council for review and comment. No final approval may be given by the City Council until the City has heard from the Metropolitan Council regarding the amendment. Zoning Map Amendment The property at 2415 Winnetka Avenue North is currently zoned Single Family Residential (R-1), which provides for single family dwellings. The property at 2445 Winnetka Avenue North is currently zoned for Business and Professional Office use, which allows office uses and some additional uses—including financial institutions, limited retail services when located within a professional office building, and child care facilities, among others—through a Conditional Use Permit. Under the current proposal, the Zoning Map would be amended so that both of the properties would be zoned Commercial, which would allow for a range of retail and service activities by right and a number of additional activities through a Conditional Use Permit. The difference in setbacks and other zoning regulations between BPO and Commercial zoning districts is minimal. Both require the same setbacks in the front, rear, and side yards. Commercial zoning allows for slightly more building coverage on a lot. Both restrict building height to three stories unless a Conditional Use Permit is granted to allow for additional height. In the BPO district, this additional height also requires additional depth of the front yard setback. Individually, neither of the two lots meet the BPO lot area restrictions, which were adopted in 1981, that would allow a new building to be constructed. However, combined the two lots would meet both the lot area and the lot width requirements and could therefore facilitate redevelopment. Traffic generated by an office use versus a commercial use would likely exhibit different general tendencies, with the specific commercial use having the greatest influence on the potential patterns. Office uses tend to have the highest traffic counts during the AM and PM peak periods. Commercial operations, depending on the specific use, have trips spread throughout the hours of operation, which could extend to evenings and weekends. As Winnetka Avenue is already a busy commuter route, a commercial use might pull a large number of trips from those already driving by, rather than attracting new trips to the area. Additional Information A neighborhood meeting was held on Monday, March 7. Five residents attended and discussion centered on the potential impacts to neighboring single family homes of a commercial use at the properties and the ability (or lack thereof) of the City to regulate a future use if the properties were rezoned to Commercial. There was general agreement that any future use should aim to serve the new residents of the Liberty Crossing development rather than the existing single family neighborhood to the west. Recommendations Given the size of the lot at 2445 Winnetka Avenue, standalone redevelopment appears to be challenging without the addition of the property at 2415 Winnetka Avenue. Rezoning this property would create the opportunity to combine the two parcels and would make redevelopment more feasible. Staff supports this approach. As to the zoning designation, staff is somewhat ambivalent between BPO and Commercial zoning at this location. The list of permitted uses in a Commercial zoning district is quite lengthy and includes any number of uses which could be established by right. This expands the universe of possible types of businesses that could locate there, but leaves the City without the ability to require mitigation for potential impacts of noise, lights, etc. Alternatively, in the BPO zoning district any use besides office requires a Conditional Use Permit, which would allow the City to evaluate the proposal for any impacts and create conditions to mitigate them accordingly. In light of this, and respecting the interests and concerns of the single family neighborhood to the west, staff recommends denial of the General Land Use Plan Map Amendment, redesignating 2415 and 2445 Winnetka Avenue North from Low Density Residential to Commercial Retail/Service. Further, staff recommends denial of the Zoning Map amendment, rezoning 2415 Winnetka Avenue North from a Single Family Residential (R-1) Zoning District to a Commercial Zoning District. Staff would be supportive of a request to redesignate both properties as Commercial Office and to rezone 2415 Winnetka Avenue to Business and Professional Office. Attachments Location Map (1 page) Memo from Fire Chief John Crelly dated March 7, 2016 (1 page) Applicant's Narrative (2 pages) Comprehensive Plan Table of Land Use Definitions (1 page) Commercial Zoning District Section of the City Code (7 pages) Business and Professional Office Zoning District Section of the City Code (5 pages) General Land Use Plan Map (1 page) Official Zoning Map (1 page) cit 1' o -Yo 1Ard c t-i valley Fire Department 763-593-8079 f 763-593-8098 (fax) Date: March 7, 2016 To: Jason Zimmerman, Planning Manager Emily Goellner, Associate Planner From: John Crelly, Fire Chief Subject: 2415 & 2445 Winnetka Avenue North — Land Use Map Change The Golden Valley Fire Department has reviewed the proposed land use change for 2415 & 2445 Winnetka Avenue North. The proposal to change from Low Density Residential to Commercial will not impact the fire department. The fire department does not have any concerns with the proposed land use change. If you have any questions, please contact me at 763-593-8065 or by e-mail, icrelly@goldenvalleymn.gov Nick Naboka NAI Everest 4150 Olson Memorial Hwy, Suite 110 Minneapolis, MN 55403 On behalf of: Van Tran and Lawrence Johanns 2445 Winnetka Avenue N. Golden Valley, MN 55427 January 27, 2016 Planning Commission City Council City of Golden Valley 7800 Golden Valley Road Golden Valley, MN 55427 Dear Ladies and Gentlemen, We would like to rezone the 2415 and 2445 Winnetka Avenue parcels for Commercial Use to accommodate a new retail development on the site. Due to recent changes, the neighborhood recently lost several retail properties across Winnetka Avenue, located at 7825 and 7775 Medicine Lake Road, and at 2480 Winnetka Avenue, following the rezoning of multiple parcels for a multifamily development. This resulted in the loss of numerous retail and restaurant venues, including a Dairy Queen and Rasa Sayang restaurants. The nearest alternatives are situated across Medicine Lake Road, which is a busy thoroughfare, and outside of Golden Valley city boundary. Currently, 2415-2445 Winnetka Avenue is occupied by a single-family home, built in 1959, and a two story office building, built in 1974. Both are aged and outdated structures, nearing the end of their useful lives and are effectively obsolete. Redevelopment of the site will bring in much needed investment for the construction of a modern structure on a very visible stretch of Winnetka Avenue, a gateway to Golden Valley. A new development would greatly increase its utility and give a beautifying facelift to the west side of Winnetka Avenue. Redevelopment of the 2415 and 2445 Winnetka Avenue site into a new retail, restaurant, or a small service provider location would also add a convenient community amenity which would benefit the residents of the City of Golden Valley. The site could be developed into a child daycare facility, an amenity that would satisfy a very current need of many in the surrounding area. The site also possesses great potential for a restaurant or light refreshments venue such as the Dairy Queen restaurant that has been lost across the street. NAI Everest 14150 Olson Memorial Highway,Suite 110 1 Minneapolis,MN 55422 1 tel 612.424.7542 1 fax 612.333.1744 1 naieverest.com The site size prohibits a large development, which could cause a disturbance and inconvenience to the neighbors. However, it is a perfect location for a small restaurant or retail property, which would be within easy access for the local residents and customers already traveling on Winnetka Avenue and Medicine Lake Road. This would not attract additional traffic, which would cause an increased burden on the local community due to potential increase in noise levels and traffic flow. Redevelopment of this site will benefit the surrounding neighborhood with the addition of convenience retail amenity, which will add to the comfort and convenience of local residents. It will bring additional investment and deliver a new building to the area, which will positively contribute to the economic life of the neighborhood. Finally, replacing the currently outdated and worn buildings with new structures will be a great aesthetic improvement along the west side of Winnetka Avenue as it enters the City of Golden Valley. Very Respectfully, 14 Nick Naboka Associate, NAI Everest NAI Everest 14150 Olson Memoraf Highway,Suite 110 1 Minneapolis,MN 55422 1 tel 612.424.7542 1 fax 612.333.1744 1 naieverest.com : Chapter 3: Land Use TableDefinition Of Land Use Categories Residential, Low-Density Single-family detached homes are the predominant low-density residential use, with small clusters of (0.1 to 5 homes per gross two-family attached homes mixed in at scattered locations as appropriate. Other types of residential acre of land area) structures in planned unit developments (PUDs) may also be appropriate as long as the overall density of development falls within the acceptable range. Metro Council equivalent is"single family." Residential,Medium- Medium-density residential uses include two-family attached homes in clusters of more than 10 units, or Density (from 5 to 11.99 townhomes, or other types of housing in PUDs where the average density of development falls within the homes per gross acre of land acceptable range. Metro Council equivalent is part of"multi-family." area) Residential, Medium- Townhomes, apartment buildings, and condominiums are the permitted medium-high-density residential High-Density (12 to 19.9 uses. Other types of housing in PUDs are also appropriate in these areas if they are developed to meet homes per gross acre of land the minimum density threshold. Metro Council equivalent is part of"multi-family" area) Residential, High- Apartment buildings and condominiums are the predominant high-density residential uses. Other types of Density (20 to 30 homes housing in PUDs are also appropriate in these areas if they are developed to meet the minimum density per gross acre of land area) threshold. Metro Council equivalent is part of"multi-family." This limited use category features general office buildings. Medical or laboratory facilities where work is Commercial Office performed in a predominantly office setting are also acceptable uses. Office areas may include mixed-use office/residential PUDs. Metro Council equivalent is part of"commercial." Commercial uses include retail sales/services, restaurants, hotels/motels, and for-profit entertainment/ Commercial Retail/ recreation facilities, as well as anything allowed in an office area. Mixed-use commercial/residential Service PUDs are also a possibility. Metro Council equivalent is "commercial,"except that does NOT classify any residential care facilities as commercial uses. This category includes warehousing and storage, assembly and light manufacturing, truck/van terminals, Light Industrial utility installations, offices, and large-scale specialty retail operations such as lumber yards, greenhous- es, and vehicle sales/rental lots. Metro Council equivalent is part of"industrial." Industrial This category includes anything that could go into a light industrial area, as welt as railroad uses, animal care facilities, and heavy manufacturing. Metro Council equivalent is part of"industrial." This category includes a mix of residential, commercial, institutional, and business-oriented land uses. Mixed Use This area was established to encourage a compact urban area that will serve as a gateway to the city. Transit-oriented development is expected to spur high-density development that is encouraged to include a mix of uses.Approximattey 25 percent of this area is expected to include residential development. Open Space(public and These uses include golf courses, ball fields, playgrounds, parks, nature areas, and storm water ponding private) areas. Metro Council equivalent is"parks and recreation,"except the Metro Council does not specify ponding areas or nature areas. Schools and Religious These include education facilities at all levels, the cemetery, places of worship for all denominations, Facilities and miscellaneous religious installations. Metro Council equivalent is part of"public, semi-public." Public Facilities, Administrative or service installations(except those otherwise classified)at at[ levels of government fall Miscellaneous into this category. Metro Council equivalent is part of"public, semi-public." Semi-Public Facilities, Residential treatment or care facilities, hospitals and surgical centers, private clubs, and other not-for- Miscellaneous profit facilities (except those otherwise classified)fat[into this category. Metro Council equivalent is part of"public, semi-public,"except for residential treatment or care. Wetland Properties in this category are generally those listed in the National Wetland Inventory. By definition,al[wet- land areas are considered to be"in use."Metro Council equivalent is"wetland development constraint." Floodplain This category includes all areas with a land elevation below the 100-year flood level. By definition, all flood- way areas are considered to be"in use."Metro Council equivalent is"floodplain development constraint." Sweeney/Twin Lake, Wirth Lake, DNR unnamed basin#27-36 (in Wirth Park, along the creek north of Open Water Highway 55), and Bassett Creek are classified as open water areas. By definition, all open water is consid- ered to be"in use."Metro Council equivalent is "open water." This category includes all land reserved for street or highway uses and for certain transit facilities, Right-of-Way, Road whether by easement or by fee title. By definition, all such right-of-way is considered to be "in use." Metro Council equivalent is "roadways, option 2." Right-of-Way, Railroad This category includes all land reserved for railroad uses, whether by easement or by fee title. By defini- tion, all such right-of-way is considered to be"in use."There is no Metro Council equivalent. City of • •-n Valley Comprehensive Plan 2008-2018 § 11.30 Section 11.30: Commercial Zoning District Subdivision 1. Purpose The purpose of the Commercial Zoning District is to provide for the establishment of commercial and service activities which draw from and serve customers from the community and are located in areas which are well served by collector and arterial street facilities. Subdivision 2. District Established Properties shall be established within the Commercial 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 11.30, Subdivision 2 by an ordinance which makes cross-reference to this Section 11.30 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 Commercial 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 are permitted in the Commercial Zoning District: A. Bakeries B. Barber shop and/or beauty parlor C. Catering establishments D. Comfort stations E. Delicatessen F. Dressmaking and tailoring establishments, including retail sales of clothing G. Clothing, shoes and/or accessories sales (retail) H. Electric repair shops I. Electronic equipment sales J. Financial institutions K. Floral shops (not to include nurseries) L. Furniture sales and repair Golden Valley City Code Page 1 of 7 § 11.30 M. Hardware, paint, and decorating stores N. Hotels and motels O. Lodge halls P. Messenger and telegraph services Q. Offices, including medical and dental R. Pharmacies S. Photograph supplies and/or galleries T. Plumbing shops U. Post office V. Printing shops W. Public garage X. Recreation buildings and structures (public and private), including gymnasium, racquetball, etc Y. Class I restaurants Z. Shoe repair shops AA. Skating rinks (ice or roller) privately owned and operated for profit BB. Shopping centers (general retail - convenience shopping) CC. Theaters DD. Trade or industrial training schools, both public and private EE. General retail services and/or sales not otherwise listed as a Conditional Use in Subdivision 4, below Source: Ordinance No. 569 Effective Date: 7-16-82 FF. Massage parlors, saunas, rap parlors, conversation parlors, escort services, model services, dancing services, hostess services, adult encounter group services, adult sensitivity group services and other similar adult oriented services that require City licensing pursuant to other provisions of the City Code Source: Ordinance No. 603 Effective Date: 8-26-83 Golden Valley City Code Page 2 of 7 § 11.30 GG. Tanning parlors Source: Ordinance No. 609 Effective Date: 11-11-83 HH. Essential Services - Class I Source: Ordinance No. 80, 2nd Series Effective Date: 11-28-91 II. Seasonal Farm Produce Sales Source: Ordinance No. 127, 2nd Series Effective Date: 4-27-95 Subdivision 4. Conditional Uses A. Animal hospitals, veterinary clinics, and/or pet grooming facilities B. Auto repair shops, including tire and auto accessory repair and installation C. Car wash D. Convenience food stores E. Drive-in retail establishments, such as banks, cleaning, photo shops, etc F. Gasoline service stations G. Mortuaries H. Off-street parking for adjacent commercial or industrial uses I. Outdoor sales, including car lots, auto and equipment rentals J. Outside storage and/or sales of horticultural nursery sites, temporary farmers market, and itinerant sales K. Pool halls Source: Ordinance No. 609 Effective Date: 11-11-83 L. Class III restaurants, bars, night clubs, etc. M. Sales, or show rooms (auto, machinery, boats, etc.) N. Unattended business operations, such as vending machines, coin or token operated machines and equipment, and other similar uses O. Video game arcades Source: Ordinance No. 615 Effective Date: 5-25-84 Golden Valley City Code Page 3 of 7 § 11.30 P. Heliports, as herein defined Source: Ordinance No. 643 Effective Date: 11-16-84 Q. Child Care Facilities, as defined in this Chapter Source: Ordinance No. 712 Effective Date: 6-23-88 R. Marine Engine Repair Source: Ordinance No. 4, 2nd Series Effective Date: 8-25-88 S. Adult Day Care Center Source: Ordinance No. 264, 2nd Series Effective Date: 12-13-01 T. Essential Services - Class III, except for peaking stations and substations Source: Ordinance No. 271, 2nd Series Effective Date: 11-15-02 U. Brewpubs Source: Ordinance No. 540, 2nd Series Effective Date: 1-30-15 Subdivision 5. Restricted Uses No premises shall be used wholly or in part for the storage of any material whatsoever except where such materials are stored in a building and where the character of such building conforms with the general development of a Commercial District and no building or premises in the Commercial District shall be used for any kind of manufacture, repairing, alteration, converting or finishing which uses mechanical power aggregating more than five (5) horsepower per two thousand (2,000) feet of ground area. Ground area means the total area of the lot or parcel of land on which a building using mechanical power is located and not just the area of the part of the lot or parcel of land actually covered by the building. Source: Ordinance No. 569 Effective Date: 7-16-82 Deleted Loading & Parking Requirements Source: Ordinance 346, 2nd Series Effective Date: 7-1-06 *Subdivision 6. Yard Requirements Front yard, side and rear yards shall be provided for all buildings within the Commercial Zoning District as follows: A. In the case of premises abutting a public street, front yard setbacks shall be at least thirty-five (35) feet from the right-of-way line of said street. All front yard setbacks shall be maintained as landscaped green areas. All portions of a lot, or parcel, abutting a public street shall be deemed to be front yards. Golden Valley City Code Page 4 of 7 § 11.30 B. Side and rear yard setbacks shall be provided as follows: Source: Ordinance No. 569 Effective Date: 7-16-82 1. In the case of premises adjoining a Residential or R-2 Residential Zoning District, side and rear yards shall be not less than fifty (50) in depth and width. Source: Ordinance No. 271, 2nd Series Effective Date: 11-15-02 2. In the case of premises adjoining a Multiple Dwelling, Business and Professional Office, or Institutional Zoning District, required side and rear yards shall not be less than thirty (30) feet in width and depth. Source: Ordinance No. 569 Effective Date: 7-16-82 3. In the case of premises adjoining a Commercial, Light Industrial, Industrial, or Railroad Zoning District, required side and rear yards shall not be less than twenty (20) feet in depth or width. Source: Ordinance No. 271, 2nd Series Effective Date: 11-15-02 4. One-half (1/2) of the required side and rear yards, as measured from the lot line, shall be landscaped, planted and maintained as a buffer zone. Source: Ordinance No. 569 Effective Date: 7-16-82 *Subdivision 7. Lot Coverage No building or structure, or group thereof, shall occupy more than fifty percent (50%) of the total land area of any lot or parcel in a Commercial Zoning District. Source: Ordinance No. 609 Effective Date: 11-11-83 *Subdivision S. Height Restrictions No building or structure, other than water tanks, water towers, essential service communication structures as provided for in Section 11.71 of this Code, shall be erected to exceed a height of three (3) stories in the Commercial Zoning District. All necessary mechanical equipment and elevator penthouses will not be included in computation of building height. The City Council may grant a Conditional Use Permit for a taller building. Source: Ordinance No. 365, 2nd Series Effective Date: 3-23-07 Golden Valley City Code Page 5 of 7 § 11.30 *Subdivision 9. Accessory Uses A. Essential Services - Class I. B. Accessory Structures. The following regulations and setbacks shall be required for accessory structures in this Zoning District: 1. Location. A Detached accessory structure shall be located completely to the rear of the principal structure, unless it is built with frost footings. In that case, an accessory structure may be built no closer to the front setback as the principal structure. If an addition is built on to an existing principal structure that would create a situation where an existing garage or accessory structure would not be completely to the rear of the addition to the principal structure, the addition to the principal structure may be built and the existing garage or accessory structure may remain and be considered conforming as long as there is at least ten (10) feet of separation between the existing principal structure with the addition and the existing garage or accessory structure. Additions may be made to the existing garage or accessory structure as long as the ten (10) feet of separation can be met. 2. Front setback. Accessory structures shall be located no less than the required setback for this Zoning District from the front property line along a street right-of-way line. 3. Side and rear setbacks. Accessory structures shall be located no less than the required setback for principal structures in this Zoning District from a side or rear yard property line. 4. Separation between structures. Accessory structures shall be located no less than ten (10) feet from any principal structure and from any other accessory structure. 5. Alley setback. Accessory structures shall be located no less than ten (10) feet from an alley. 6. Height limitations. No accessory structure shall be erected in this Zoning District to exceed a height of one (1) story. One (1) story may not exceed ten (10) feet from the floor to the top plate. Attic space in accessory structures shall be used only for storage and/or utility space. 7. Cornices and eaves. Cornices and eaves may not project more than thirty (30) inches into a required setback. 8. Number and Size of accessory structures. Only one (1) accessory structure shall be allowed on each property and no accessory structure shall be larger in size than the principal structure. In no case shall an Golden Valley City Code Page 6 of 7 § 11.30 accessory structure be greater than one thousand (1,000) square feet or less than one hundred twenty (120) square feet in area. Accessory structures include storage buildings, detached sheds, greenhouses, gazebos and other shelters. Accessory structures not used solely for storage and related activities shall have open sides from floor to ceiling, except that they may have railings and temporary screening (used only on two (2) sides at a time), all constructed in accordance with the building code. 9. Design. All accessory structures constructed after the construction of the principal structure must be designed and constructed of similar materials as determined by the City Manager or his designee. 10. Building Permits. All accessory structures located in this Zoning District require a building permit. 11. Parking structures and garages. In this Zoning District, parking structures and garages shall not be considered accessory structures if they are used to meet the required number of parking spaces. Source: Ordinance No. 344, 2nd Series Effective Date: 05-25-06 *Renumbering Source (Subd. 6-9): Ordinance 346, 2nd Series Effective Date: 7-1-06 Golden Valley City Code Page 7 of 7 § 11.45 Section 11.45: Business and Professional Offices Zoning District Subdivision 1. Purpose The purpose of the Business and Professional Offices Zoning District is to provide areas wherein there may be erected, maintained and used, offices for persons engaged in business pursuits not involving the sale of or handling of goods, wares, merchandise or commodities, as for example, accountants, insurance brokers, realtors, fiscal agents and the like; provided, however, that nothing herein shall be interpreted to prohibit in such districts the sale of goods, wares, merchandise or commodities by sample, as for example, by manufacturer's representatives. Subdivision 2. District Established Properties shall be established within the Business and Professional Offices 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 11.45, Subdivision 2 by an ordinance which makes cross-reference to this Section 11.45 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 Business and Professional Offices 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. Source: Ordinance No. 541 Effective Date: 5-8-81 *Subdivision 3. Building Height No building in this zoning district shall exceed three (3) stories in height at the front or street grade level, unless a Conditional Use Permit has been granted allowing such building or structure to exceed three (3) stories in height. Source: Ordinance No. 80, 2nd Series Effective Date: 11-28-91 *Subdivision 4. Yard Restrictions A. Front Yard Setbacks. Front yards shall be provided for all buildings as follows: 1. No building or other structure in the Business and Professional Offices District shall be located closer than thirty-five (35) feet from the property line along any abutting street. The thirty-five (35) foot front setback as described above shall all be landscaped. 2. In the case of a building over three (3) stories, the front setback shall be increased five (5) feet for each additional story over three (3) stories or each additional ten (10) feet above the height of thirty (30) feet. Golden Valley City Code Page 1 of 5 § 11.45 B. Side and Rear Yard Setbacks. Side yards and rear yards shall be provided for all buildings as follows: Source: Ordinance No. 541 Effective Date: 5-8-81 1. In the case of premises abutting a Residential or R-2 Residential Zoning District, side and rear yards of such premises shall be not less than fifty (50) feet in depth or width, of which at least twenty-five (25) feet adjacent to the lot line or property line shall be planted, landscaped and maintained as a buffer zone. Source: Ordinance No. 271, 2nd Series Effective Date: 11-15-02 2. In the case of premises abutting on a Multiple Dwelling Zoning District or an Institutional Zoning District, side and rear yards shall be not less than thirty (30) feet in depth or width, of which at least the fifteen (15) feet adjacent to the lot line shall be planted, landscaped and maintained as a buffer zone. 3. In the case of premises abutting on another Business and Professional Offices Zoning District, side and rear yards shall be not less than twenty (20) feet in depth or width for each building, tract, lot or premises of which at least one-half (1/2) the setback as measured from the lot line shall be landscaped and planted. 4. In the case of premises abutting on a Commercial or Industrial Zoning District, side yards and rear yards shall be not less than twenty (20) feet in depth and width of which at least one-half (1/2) the setback as measured from the lot line shall be landscaped and planted. 5. In the case of a building over three (3) stories, the side and rear setbacks shall be increased five (5) feet for each additional story over three (3) stories or each additional ten (10) feet above the height of thirty (30) feet. *Subdivision S. Area Restrictions No building or other structure in this zoning district shall occupy more than forty percent (40%) of the tract of land on which it is located. An additional twenty percent (20%) of the tract of land shall be allowed for the construction of a parking structure. *Subdivision 6. Lot Area No building or other structure located in this zoning district shall be located on a parcel of land that is less than one (1) acre in area or less than one hundred (100) feet in width. Source: Ordinance No. 541 Effective Date: 5-8-81 Golden Valley City Code Page 2 of 5 § 11.45 *Subdivision 7. Conditional Uses A. Conditions. In addition to those uses specifically classified and permitted within this district, there are certain uses which may be allowed in a Business and Professional Offices District because of their unusual characteristics or the service they provide to the public. These conditional uses require particular considerations as to their proper location in relation to adjacent established or intended uses, or to the planned development of the City. The conditions controlling the location and operation of such conditional uses are established under Section 11.80 of this Chapter. Source: Ordinance No. 396, 2nd Effective Date: 3-28-08 B. Authority. The Council shall have the authority, after having received the recommendations of the Planning Commission, to permit the following types of the conditional uses of land or structures, or both, within a Business and Professional Offices District, if the Council finds that the proposed location and establishment of any such use will be desirable or necessary to the public convenience or welfare and will be harmonious and compatible with other uses adjacent to and in the vicinity of the selected site. Source: Ordinance No. 541 Effective Date: 5-8-81 1. Buildings exceeding three (3) stories in height, subject to the provisions of Subdivision 5, Subparagraph A, Item 2, and Subparagraph B. above, and all other applicable provisions of this Chapter. Source: Ordinance No. 80, 2nd Series Effective Date: 11-28-91 2. Recreational facilities such as ball fields, swimming pools and playgrounds. 3. Daytime activity centers and/or other facilities providing school and/or training for retarded or handicapped people. 4. Financial institutions, including drive-in facilities. 5. Limited retail services within a professional office building. Source: Ordinance No. 541 Effective Date: 5-8-81 6. Heliports, as herein defined. Golden Valley City Code Page 3 of 5 § 11.45 7. Other uses which, in the opinion of the Council, are compatible with the uses specifically described above. Source: Ordinance No. 643 Effective Date: 11-16-84 8. Adult Day Care Center. Source: Ordinance No. 264, 2nd Series Effective Date: 12-13-02 9. Child Care Facilities. Source: Ordinance No. 396, 2nd Effective Date: 3-28-08 *Subdivision S. Permitted Uses The following uses are permitted in the Business and Professional Office District: A. Offices B. Essential Services - Class I Source: Ordinance No. 80, 2nd Series Effective Date: 11-28-91 *Subdivision 9. Accessory Uses The following are permitted accessory uses in this Zoning District: A. Essential Services - Class I B. Accessory Structures. The following regulations and setbacks shall be required for accessory structures in this Zoning District: 1. Location. A detached accessory structure shall be located completely to the rear of the principal structure, unless it is built with frost footings. In that case, an accessory structure may be built no closer to the front setback as the principal structure. If an addition is built on to an existing principal structure that would create a situation where an existing garage or accessory structure would not be completely to the rear of the addition to the principal structure, the addition to the principal structure may be built and the existing garage or accessory structure may remain and be considered conforming as long as there is at least ten (10) feet of separation between the existing principal structure with the addition and the existing garage or accessory structure. Additions may be made to the existing garage or accessory structure as long as the ten (10) feet of separation can be met. 2. Front setback. Accessory structures shall be located no less than the required setback for this Zoning District from the front property line along a street right-of-way line. Golden Valley City Code Page 4 of 5 § 11.45 3. Side and rear setbacks. Accessory structures shall be located no less than the required setback for principal structures in this Zoning District from a side or rear yard property line. 4. Separation between structures. Accessory structures shall be located no less than ten (10) feet from any principal structure and from any other accessory structure. 5. Alley setback. Accessory structures shall be located no less than ten (10) feet from an alley. 6. Height limitations. No accessory structure shall be erected in this Zoning District to exceed a height of one (1) story. One (1) story may not exceed ten (10) feet from the floor to the top plate. Attic space in accessory structures shall be used only for storage and/or utility space. 7. Cornices and eaves. Cornices and eaves may not project more than thirty (30) inches into a required setback. 8. Number and Size of accessory structures. Only one (1) accessory structure shall be allowed on each property and no accessory structure shall be larger in size than the principal structure. In no case shall an accessory structure be greater than one thousand (1000) square feet or less than one hundred-twenty (120) square feet in area. Accessory structures include storage buildings, detached sheds, greenhouses, gazebos and other shelters. Accessory structures not used solely for storage and related activities shall have open sides from floor to ceiling, except that they may have railings and temporary screening (used only on two (2) sides at a time), all constructed in accordance with the building code. 9. Design. All accessory structures constructed after the construction of the principal structure must be designed and constructed of similar materials as determined by the City Manager or his designee. 10. Building Permits. All accessory structures located in this Zoning District require a building permit. 11. Parking structures and garages. In this Zoning District, parking structures and garages shall not be considered accessory structures if they are used to meet the required number of parking spaces. 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". LL 3 ,� .n .a .n a., o A a s= w d o e s E o = N g o a < '� (n Cn (n Cn Cn G ,, i6 o a a A a a y T,�°_„ u ? O'c�-i °E' p.;.Ln U -0 -Es �d �- �Gy `d3 G e eV M � Ln � a � � yrs O st y E _e � .6 o T o 0 O C7 a yr Q U Li, (C iiiyy4 /�1 F>y tf) /) yop °" ZU : v VN O ?bA W Z O O s 3 Q da 4 w. z 1100 r U U 6 O f c_ Z m ` o > O r'o a10 a SI'IOdtl9NNII14 30 C.LIJ 70d vHmNlw L—_._.._. _•�._..�.,,,,-____.._.,�,,,mr �Illr�iiiVCVr- '_'._ t ,,5� 0 Iwo x v s ro ( N $ 3 C4 0 r�«aw° ,ti o m m O x .g SI10d`d3NNIl'11 30 C.LIJ �;� ,' • �°i,$ n mon E 3 F y}�, . a •P�.w 1 AL n yF 't. a r- 31d0SN18AON x 10 AllD .r M i . i n � ,.y'•l Nv,Y,•l � ° « 'W �L'// ". .,,.yi�v�" y I " $ I 38 d I it 3 p 9 �g ': q r v T � wo.y {� '� � •N'qx.vx.:+°� � ° 1-- � uu' :�:/I /�_ ' �[- I G��� i x," s q s ly\\'I.�Ij 'I x•+r n.. ag Rv Y o S e yr" > N x , 1 �imots `� �� / /I "c'- a -�,ai � � ..,, „^, •. � �n 3 y hilt"� I �, peal " ir a 0 CL O 90 I U r;. K u �. �•' ' rl vwx. ill A ,x .. ; i `fig Ow LU I' ° o•,iq y 5 n � ,xr.,oxn 4>° � � a „ _ Yx� d+'/rf .m r ; > �xv .fi IA CL n a ,x b g u.,vax « rvwl z ti�r L 1 CJ m a y •.o «,nvnmvv § x..vrwxr s it8 �e W s 11 a ''1 hd ear Fl oo m ll, o r. F 2 mry -- / HZII OIV.I7d.IO x.LIJ ,9'I�� '9.L110WAl s i`1 iva sirio 'ZS d ..J d0 71.11J city of goldenoiv -'ArMEMORANDUM Physical Development Department 763-593-8095/763-593-8109(fax) Executive Summary For Action Golden Valley City Council Meeting April 5, 2016 Agenda Item 6. A. Approval of Revised Plat - Liberty Crossing PUD No. 123 and Authorization to Sign Amended PUD Development Agreement - Liberty Crossing PUD No. 123 Prepared By Jason Zimmerman, Planning Manager Summary On November 4, 2015, the City Council approved Amendment#1 to Liberty Crossing PUD No. 123. At the December 15, 2015, Council meeting, the Council approved a Final Plat, PUD Permit, and PUD Development Agreement for the PUD. Since that time, a handful of adjustments have been suggested to the Final Plat as well as amendments to the PUD Development Agreement. The Final Plat approved on December 15, 2015, has not yet been recorded with Hennepin County and a number of corrections have since been made to the Final Plat. The PUD Development Agreement approved on December 15, 2015, has not yet been signed by the developer and several amendments have since been made to the agreement. These include adding language to several sections clarifying the treatment of cash deposits. Additionally, section 12b adds language terminating the agreement if the project financing has not closed and securities are not delivered by May 1, 2016. Staff anticipates bringing forward a revised Private Development Agreement with similar amendments to the Housing and Redevelopment Authority meeting on April 12 for consideration. City staff has reviewed the attached documents and finds them to be consistent with the approved Final PUD Plan and the requirements of City Code. Attachments • Revised PUD Development Agreement - Liberty Crossing PUD No. 123 (21 pages) • Resolution Rescinding Resolution 15-105 and Approving Revised Plat - Liberty Crossing PUD No. 123 (1 page) • Revised Final Plat - Liberty Crossing PUD No. 123 (2 pages) Recommended Action Motion to adopt Resolution Rescinding Resolution 15-105 and Approving Revised Plat - Liberty Crossing PUD No. 123. Motion to authorize the Mayor and City Manager to sign the revised PUD Development Agreement - Liberty Crossing PUD No. 123. DEVELOPMENT AGREEMENT Liberty Crossing P.U.D. #123 AGREEMENT dated this day of , 2016, by and between the City of Golden Valley, a Minnesota municipal corporation (the "City"), and Liberty Crossing Investment Partners, LLC, a Minnesota limited liability company (the "Developer"). 1. Request for Development Approval. The City has approved a Planned Unit Development (PUD 123) known as Liberty Crossing, pursuant to Ordinance No. 569, adopted by the Golden Valley City Council on July 21, 2015, a copy of which is attached hereto as Attachment One, as amended by the City Council on November 4, 2015 (the "Ordinance"), for the property which is legally described on Attachment Two, attached hereto and hereby made a part hereof(hereinafter referred to as the "Subject Property"). The development of the Subject Property in accordance with the Planned Unit Development and the Ordinance is hereinafter referred to as the "Project". 2. Conditions of Development Approval. The City has approved PUD 123 on the following conditions: a. The plans prepared by Tanek, submitted to the City May 21 and June 8, 2015, and September 29 and October 9, 2015, shall become a part of this approval (hereinafter referred to as "Final Plans") and the Project shall conform thereto. b. The recommendations and requirements outlined in the memo from the City Fire Department, dated June 15, 2015, shall become a part of this approval and the Project shalt conform thereto. c. The recommendations and requirements outlined in the memo from the Engineering Division, dated June 18, 2015, shall become a part of this approval and the Project shall conform thereto. 1 d. Public bicycle racks or similar facilities for the parking/storage of a minimum of 14 bicycles shall be provided at the Subject Property, based on a calculation of 5%of the 276 parking spaces required for the apartment building. e. All signage must meet the requirements of the City's Sign Code (Section 4.20). f. A title review by the City Attorney is necessary prior to approval of the Final Plat. g. The Final Plat shall include "P.U.D. No. 123" in its title. h. A park dedication fee of$60,100 shall be paid before release of the Final Plat. i. A neighborhood communications plan regarding the construction schedule must be established prior to issuance of a building permit, and the Developer shall perform its responsibilities under such plan thereafter. j. This approval is subject to all other state, federal, and local ordinances, regulations, or laws with authority over the Project. 3. Additional Obligations of Developer. a. The Developer shall demolish and remove all existing structures, pavements, and utilities on the Subject Property necessary to facilitate construction of the Project. b. The Developer must submit final construction plans consisting of a stormwater management plan (also known as grading, drainage, and erosion control plan) and utility plan for review and approval by the City Engineer before any site permits can be issued. c. The Developer shall grant easements to the City necessary to accommodate trails and walkways, open space, drainage, utilities, flood storage and ponding, and maintenance access to the Flood Mitigation Improvements Constructed by the City (defined below in Section 7) as per the Final Plans, as such plans may be amended in final construction plans approved by the City. d. The Developer must submit to the City a proposed Final Plat showing the dedication of all public right-of-way and easements necessary to construct the Project. e. The private streets shall be owned and maintained by the Developer and/or future homeowners association. The private streets must be designed and constructed by the Developer to a minimum seven (7) ton per axle capacity. f. The Developer must provide a construction schedule and phasing plan as part of the final construction plan submittal, for the review and approval of the City's Physical Development Department. This plan must show and describe the temporary parking, staging, access, and any other proposed activities relating to the phased construction of the Project. g. The Developer must continue to cooperate and work with the City on the final design of the Flood Mitigation Improvements Constructed by the City. h. An operation and maintenance plan is being developed for the Flood Mitigation Improvements Constructed by the City as part of the Project. Because the underground flood storage vault (which is part of the Flood Mitigation Improvements Constructed by the City) is utilized by the Developer for stormwater quality treatment purposes, the Developer must sign an agreement with the City regarding the Developer's share of responsibility for the long-term inspection, 2 maintenance, and replacement costs for the underground flood storage vault which is part of the Flood Mitigation Improvements Constructed by the City. i. The Developer must provide the City maintenance access to the underground flood storage vault by constructing and maintaining public trails and walks located within dedicated easements for drainage and utility, maintenance access, and walkway purposes, all as approved by the City Engineer, which approval shall not be unreasonably withheld, delayed or conditioned. j. Copies of all recorded easements or agreements between the Developer and adjacent property owners for access, signage, parking, and any other arrangement must be provided to the City, prior to the issuance of building or site permits, and shall be subject to the review and approval of the City, which approval shall not be unreasonably withheld, delayed or conditioned. k. Either now or in the future, if the townhouses in the Project become owner- occupied, the Developer or its successors and assigns must submit the homeowners association governing documents (including the declaration of covenants, conditions, restrictions and easements)to the City for review and approval prior to recording, which approval shall not be unreasonably withheld, delayed or conditioned, and must submit copies of final documents upon recording. I. The Developer must enter into a recordable maintenance agreement (the "Maintenance Agreement") with the City, before the issuance of building permits, setting forth the responsibilities of the Developer or its successors and assigns, or future homeowners association, for the following: i. Maintenance of the private streets and sidewalks, and certain public use trails within the Project, including pavement preservation and replacement, and regular street sweeping and snow removal. ii. Maintenance of the storm sewer system and stormwater quality treatment facilities, not including the underground flood storage vault that is part of the Flood Mitigation Improvements Constructed by the City, serving the Project. iii. Cost participation in the long-term inspection, maintenance and replacement of the underground flood storage vault that is part of the Flood Mitigation Improvements Constructed by the City utilized by the Developer for stormwater quality treatment purposes. The City will own and be responsible for the inspection, maintenance and replacement of the underground flood storage vault that is part of the Flood Mitigation Improvements Constructed by the City, but the Developer shall be responsible for a percentage of the inspection, maintenance and replacement costs based on the contributing drainage area or volume of the Project, or similar mutually agreed upon methodology. iv. Maintenance and future replacement of any retaining walls, if any, constructed adjacent to and supporting the streets, walkways and structures located on proposed Lots 1-16 and Lot 57, Block 1 of the Project. 3 v. Maintenance of retaining walls constructed within the public right-of-way of Rhode Island Avenue to support the underground parking garage entrance for the apartment building. vi. Maintenance of any vegetation, landscaping, obstructions, or improvements approved by the City to be installed within public easements or right-of-way as part of the design of the Project. vii. Maintenance of improvements and/or amenities, if any, that will be owned by the Developer (or future homeowners association) and located on the real property that is subject to the Easement Agreement (as defined in the HRA Agreement [defined below]), according to the Final Plans, as such plans may be amended in accordance with the terms herein. viii. The Maintenance Agreement shall be recorded against the Subject Property, and shall have priority over all mortgage liens to which the Subject Property may be subject. m. The Developer, or its agent, shall obtain one Inflow and Infiltration Certificate of Compliance for the apartment building within the Project and one Inflow and Infiltration Certificate of Compliance for each of the townhomes upon completion of the sanitary sewer service installation, prior to occupancy of any buildings in the Project. n. The Developer shall provide the City satisfactory evidence that it is the fee owner of the Subject Property. o. Any agreements or other documentation required hereunder to be submitted by the Developer to the City or approved by the City (including without limitation any easements) shall be acceptable to the City in form and substance. p. The Developer shall obtain the required permits from the City and other governmental authorities as required for the construction of the Project. q. 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. 4. Development Plans. The Subject Property shall be developed in accordance with the Final Plans, original copies of which are on file with the City's Physical Development Department, which plans may be amended and updated by the final plans prepared by Momentum Design Group to be submitted by Developer for City's approval in connection with the building permit and, to the extent the Final Plans are so amended or updated, the term "Final Plans" as used herein shall refer to such plans as amended or updated. 5. Site Improvements Installed by Developer. The Developer shall install or cause to be installed and pay for the following with respect to the Project, hereinafter referred to as "Site Improvements Installed by Developer." The financial securities required for Site Improvements Installed by Developer are discussed later in this Agreement. 4 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. Developer must place these facilities underground and utilize joint trench construction for all private utilities and communications facilities serving the Project. d. Installation of all sanitary sewer services and water services from the mains to the buildings as shown on the Final Plans, or as may be amended in final construction plans approved by the City. e. Installation of the storm sewer system and stormwater quality filtration basins 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. Construction of private streets and parking areas. g. Installation of sidewalks and trails as shown on the Final Plans. h. Installation of commercial driveway entrances and residential driveway aprons that meet City standards. i. Installation of lighting (street, parking lot, and area lighting) to serve the Project. j. Construction of structural retaining walls on the Subject Property and within portions of public right-of-way, as shown on the Final Plans, or as may be amended in final construction plans approved by the City. k. The grading and compaction, erosion control, tree replacement and landscaping, all of which shall be made in accordance with Final Plans. I. Performance of the work required by the Developer under the Landscape Plan the Developer submitted to the City's Physical Development Department with respect to the Project. 6. 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 financial securities required for Public Improvements Constructed by Developer are discussed later in this Agreement. a. The Developer must design and construct the sanitary sewer mains and manholes which extend into and throughout the Subject Property, generally following the alignment of the private streets, located within public easements or right-of-way. The design is subject to review and approval of the City Engineer. Upon completion of construction and acceptance by the City, and expiration of a one-year warranty period following acceptance, the City will own and maintain the sanitary sewer mains and manholes upon the competition and the City's final acceptance of the Public Improvements Constructed by Developer. b. The Developer must design and construct the watermains, hydrants, valves and related structures which extend into and throughout the Subject Property, generally 5 following the alignment of the private streets, located within public easements or right-of-way. The design is subject to review and approval of the City Engineer. Upon completion of construction and acceptance by the City, and expiration of a one-year warranty period following acceptance, the City will own and maintain the watermains, valves, hydrants, and the portion of the water services extending from the mains to the curb stop valves, including the curb stop valves. c. The Developer must fully remove and reconstruct the public sidewalk located along Winnetka Avenue North from the south boundary of the Subject Property to the north boundary of the Subject Property and the public sidewalk located along Medicine Lake Road immediately adjacent to the Subject Property. The public sidewalks must meet City and ADA accessibility standards. Upon completion and acceptance of the work, the sidewalks are to be owned and maintained by the City. The timing of the removal and reconstruction of the Medicine Lake Road sidewalk must be coordinated with the City because it is adjacent to the Medicine Lake Road Flood Storage Pond which will be constructed by the City and is discussed later in this Agreement. d. The Developer must properly restore pavement excavated during construction of the Project on that portion of Winnetka Avenue North and Medicine Lake Road adjacent to the Subject Property as specified by the Hennepin County Transportation Department. e. The necessary environmental remediation, if any, as required by law and as recommended by environmental reports/assessments issued to the City,for that portion of the Subject Property where the Public Improvements Constructed by Developer will be located. 7. Flood Mitigation Improvements Constructed by City. The City will design and construct the Flood Mitigation Improvements Constructed by the City (defined below), subject to applicable laws, on a portion of the Subject Property using the proceeds from the Tax Increment Bonds, and any other sources, in accordance with the terms of the Liberty Crossing Private Development Agreement between the Developer and the Golden Valley Housing and Redevelopment Authority ("HRA") with respect to the Subject Property ("HRA Development Agreement"), including in accordance with the time periods set forth in Section 3.3 of such agreement. The Flood Mitigation Improvements Constructed by the City will generally consist of the design, construction, and construction observation of flood storage facilities and related improvements, and include the following items, which will be constructed by the City in substantial conformance to plans and specifications prepared by the City's consultant engineer and in accordance with HRA Development Agreement, subject to applicable laws: a. Underground flood storage vault and associated utility work. b. Medicine Lake Road Flood Storage Pond generally located in the northeast corner of the Project. This work includes: 6 i. Excavation and grading. ii. Construction of maintenance access and recreational trail. iii. Storm sewer and other utility work necessary to facilitate construction of the pond. iv. Permanent vegetation establishment, including a native vegetation buffer (minimum 10 feet wide) adjacent to the normal water level. v. May include other structural and natural amenities such as retaining walls, railings, benches, signs,trees and landscaping. vi. Long-term inspection and maintenance of these facilities will be outlined in the Maintenance Agreement referred to above. c. Rhode Island Avenue Flood Storage Pond generally located within the Rhode Island Avenue right-of-way. This work includes: i. Removal of a portion of Rhode Island Avenue North and abutting sidewalk, adjacent to the proposed apartment building ii. Construction of cul-de-sacs at the north and south termination points of Rhode Island Avenue. iii. Relocation of utilities under Rhode Island Avenue including the Metropolitan Council Environmental Services sanitary sewer force main, City watermain, sanitary sewer, storm sewer and other public utilities. iv. Excavation and grading the area where the roadway and sidewalk are removed. v. Establishment of permanent vegetation, including native vegetation buffers in areas near wetlands and water bodies, consistent with City and Watershed requirements. vi. Construction of a shared maintenance access and recreational trail. vii. May include other structural and natural amenities such as lighting, benches, signs, retaining walls, railings, and trees and landscaping. viii. Long-term inspection and maintenance of these facilities will be outlined in the Maintenance Agreement referred to above. d. The necessary environmental remediation, if any, as budgeted by the City, as recommended by environmental reports/assessments issued to the City and as required by law, for that portion of Subject Property and the Rhode Island Avenue right-of-way where the Flood Mitigation Improvements Constructed by the City will be located. 8. Special Assessments for Public Improvements Constructed by Developer. The City will construct the Flood Mitigation Improvements Constructed by the City using the proceeds from the Tax Increment Bonds and any other sources in accordance with the terms of the HRA Development Agreement. The City may also fund other public improvements related to the Subject Property and the Property, other than the Flood 7 Mitigation Improvements Constructed by the City, under Minn. Stat. Ch. 429 as a special assessment project when appropriate in the sole discretion of the City. Costs and allocation to benefiting property owners shall be determined by the City. Special Assessment to the Subject Property shall be not more than $1,500,000 for such other public improvements (other than the Flood Mitigation Improvements Constructed by the City). Developer agrees that such amount may be increased due to requests made by Developer or if approved by Developer in a subsequent written document. Developer hereby waives its rights to a public hearing and/or appeal relating to assessments determined to benefit the Project. 9. 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. 10. Property Fees, Charges and Assessments. The Developer shall pay all applicable fees, charges, and assessments for PUD 123, the Project and the Subject Property. The fees shall include, without limitation, the following: a. Park Dedication Fee. The Developer is assessed a Park Dedication Fee of$60,100 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. b. Legal Fees. It is anticipated that the City will incur legal fees and associated costs related to the drafting and recording of easements and agreements for this PUD. The Developer shall submit a cash deposit (escrow) in the amount of$10,000 for attorney's fees and costs and legal processing fees and costs. Payment in full is required prior to the City's signing and release of the Final Plat and the issuance of any building or site permits. The City shall treat the deposit as a separate account on its books. All interest earned on the deposit shall accrue to the City. When any amount becomes due and payable for such fees or costs, the City shall deduct the amount from the deposit upon the City's receipt of invoices for the same. If the amounts due and payable exceed the amount then on deposit with the City to pay such fees and costs, the Developer shall, upon the City's written request, again promptly deposit an additional $10,000 with the City for attorney's fees and costs and legal processing fees and costs, with such additional deposit to be held and applied in the manner set forth in this paragraph. After the payment of all such amounts, the City, within thirty (30) days, shall refund to the Developer the balance of the deposit, if any, without interest. c. Other Fees. The Developer understands that the Developer will be required to pay for the Subject Property fees, charges and assessments in effect at the time of issuance of 8 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 issued. 11. Financial Securities for Site Improvements Installed by Developer. The Developer shall submit to the City 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 plant materials identified in the Landscape Plan for PUD 123 (calculated at $83,000 x 125% = $103,750) which will be on file in the Physical Development Department ("Landscape Security'). This letter- of-credit or cash deposit shall be reduced or released to the Developer only upon the completion of the Improvements (as defined in the HRA Development Agreement) and the issuance of the final Certificate of Completion (as defined in the HRA Development Agreement)for the Project; provided, however, if such final certificate is issued less than one year after the City's final acceptance of the landscape and plant materials installed per the landscape plan, then in all events thirty-three percent (33%) of the Landscape Security will be retained by the City for a full one-year warranty period following the City's final acceptance of the landscape and plant materials to ensure survival of the plant materials. The remaining balance of the Landscape Security will be released following the City's acceptance of the one-year warranty inspection. Within thirty days after the notice by Developer of conclusion of the one-year warranty period, City agrees to perform a warranty inspection of the subject landscape and plant materials. 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 33% retainage. 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. The City shall treat any cash deposit under this Section as a separate account on its books and the deposited funds shall be held, at the City's election, at the Minnesota Municipal Money Market Fund or a depository institution selected by the City in accordance with City policies and City Council resolutions, in either event in account or fund type(s) selected by the City. All account and fund fees and charges shall be paid from the deposit. All interest accrued on any such deposit shall be reported under Developer's tax identification number, shall be deemed part of the deposit made under this Section, and shall only be disbursed to the Developer upon the Developer being entitled to a full release of the entire deposit made under this Section. 12. Financial Securities for Public Improvements Constructed by Developer. The Developer shall submit to the City 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: 9 a. $1,796,250 for the Public Improvements Constructed by Developer ("Security for Public Improvements Constructed by Developer"). This letter of credit or cash deposit shall be reduced or released to the Developer only upon the completion of the Improvements (as defined in the HRA Development Agreement) and the issuance of the final Certificate of Completion (as defined in the HRA Development Agreement) for the Project; provided, however, if such final certificate is issued less than one year after the City's final acceptance of the Public Improvements Constructed by Developer, then in all events five percent (5%) of the Security for Public Improvements Constructed by Developer will be retained by the City for a full one-year warranty period following the City's final acceptance of the Public Improvements Constructed by Developer. Within thirty days after the notice by Developer of conclusion of the one-year warranty period, City agrees to perform a warranty 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 releasing the 5% retainage. 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. The City shall treat any cash deposit under this paragraph as a separate account on its books and the deposited funds shall be held, at the City's election, at the Minnesota Municipal Money Market Fund or a depository institution selected by the City in accordance with City policies and City Council resolutions, in either event in account or fund type(s) selected by the City. All account and fund fees and charges shall be paid from the deposit. All interest accrued on any such deposit shall be reported under Developer's tax identification number, shall be deemed part of the deposit made under this paragraph, and shall only be disbursed to the Developer upon the Developer being entitled to a full release of the entire deposit made under this paragraph. b. Developer shall submit a cash deposit (escrow) for construction observation services in the amount of$100,000. When any amount becomes due and payable for construction observation services, the City shall deduct the amount from the deposit upon the City's receipt of invoices for the same. After the payment of all such amounts, the City shall refund to the Developer the balance of the deposit, if any. A letter of credit may not be deposited for this financial security. The City shall treat the cash deposit under this paragraph as a separate account on its books and the deposited funds shall be held, at the City's election, at the Minnesota Municipal Money Market Fund or a depository institution selected by the City in accordance with City policies and City Council resolutions, in either event in account or fund type(s) selected by the City. All account and fund fees and charges shall be paid from the deposit. All interest accrued on any such deposit shall be reported under Developer's tax identification number, shall be deemed part of the deposit made under this paragraph, and shall only be disbursed to the Developer upon the Developer being entitled to a full release of the entire deposit made under this paragraph. 10 In the event the Developer provides a letter of credit pursuant to any of the foregoing provisions of this Agreement, it shall concurrently therewith deliver to the City an executed letter-of-credit deposit agreement in form and substance acceptable to the City. If the event the Developer elects to satisfy more than one of the security deposit requirements under this Agreement by depositing letters of credit (to the extent the Agreement permits letters of credit to satisfy deposit requirements), the Developer may satisfy such requirements by depositing a single letter of credit, provided the initial stated amount of such single letter of credit equals the total cumulative amount of the required security deposits that are being satisfied with the single letter of credit. Notwithstanding anything to the contrary in this Agreement and the HRA Development Agreement, this Agreement and the HRA Development Agreement shall automatically terminate on May 1, 2016, if Developer has not closed on the financing required for it to complete the Project and delivered to the HRA and the City all of the letters of credit and cash deposits required under this Agreement and the HRA Development Agreement by that date, provided, however, that such termination shall not release Developer from its obligation to pay the City any money then owed by Developer under any agreement with the HRA or the City, and such termination shall not limit any claim any party has for a breach of this Agreement or the HRA Development Agreement by any other party that occurred prior to the date of such termination. If the City incurs any expenses or costs as a result of an Event of Default (defined below), the City may draw upon any securities then on deposit with the City in an amount necessary to pay or reimburse the City for any such expenses or costs incurred by the City as a result of such Event of Default, in accordance with this Agreement. To the extent the securities on deposit are insufficient to pay any such expenses or costs, the Developer will be responsible for the payment of such expenses or costs and the City will bill the Developer for such expenses or costs as they occur, in accordance with this Agreement. The City's rights with respect to any letter-of-credit or cash deposit provided hereunder shall not limit any other remedy to which the City is entitled under this Agreement or at law or equity, except to the extent that the City damages are reduced by its recovery from the securities on deposit. If after an Event of Default, all of the Developer's obligations hereunder are completed by the Developer in accordance with this Agreement (or by the City acting on the Developer's behalf in accordance with this Agreement) and all Event(s) of Default have been cured, then the City shall release all remaining securities on deposit to the Developer in the manner set forth in this Agreement. 13. 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 11 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 five (5) days in advance, provided such five (5) day advance notice period shall be shortened in the event the City needs to take earlier action to protect public safety or is otherwise authorized to act with respect to the Subject Property under applicable law before the expiration of such five (5) day period. 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 and such failure continues for a period of sixty (60) days following written notice from the City to Developer; 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 and such failure continues for a period of sixty (60) days following written notice from the City to Developer; provided the Developer's obligation to deposit and maintain securities with the City under Sections 11 and 12 of this Agreement shall not be subject to any such notice and cure period. 14. 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 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, agents 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 or as 12 otherwise required herein. 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. 15. Failure to Pay. 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 following the expiration of applicable cure periods as set forth in this Agreement, the City may charge such amount, in whole or in part, as a special assessment against the Subject Property. 16. 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, the existence and continuance of any breach of any term of this Agreement by the Developer shall be grounds for denial of building permits, including for any portion of the Subject Property 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 Subject 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. This Agreement shall have priority over all mortgage liens to which the Subject Property may be subject. The Developer shall provide evidence satisfactory to the City that, when this Agreement is recorded, it is prior to all mortgage liens to which the Subject Property may be subject. In the event there are any mortgage liens having priority over this Agreement, the City shall require the 13 Developer to obtain an acceptable subordination agreement from the holders of the applicable mortgage liens, the City's acceptance of such subordination agreement not to be unreasonably withheld or denied. g. Developer, its successors and assigns, agree to provide the execution of amendments to this Agreement, as are necessary to effect the recording and priority hereof. After the Developer has completed all the work and obligations 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, and the Developer's rights and obligations under this Agreement may not be assigned, without the written permission of the City, which permission will not be unreasonably withheld, delayed or conditioned. The City agrees it will consent to an assignment of the Developer's rights and obligations under this Agreement (including an assignment by operation of law, foreclosure, or deed in lieu of foreclosure)to an assignee that has acquired and assumed all of the Developer's rights and obligations under the HRA Development Agreement in accordance with the terms and conditions of the HRA Development Agreement, provided such assignee shall also assume all of the Developer's rights and obligations under this Agreement pursuant to an assumption agreement reasonably acceptable in form and substance to 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 of the PUD application or the Project. 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. 17. Notices. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer or mailed to the Developer by registered mail at the following address: 14 Liberty Crossing Investment Partners, LLC Attn: Chief Manager 5402 Parkdale Drive#200 Minneapolis, MN 55416 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 15 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 DEVELOPER LIBERTY CROSSING INVESTMENT PARTNERS, LLC By: Todd Schachtman, Chief Manager 16 STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2016, 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 STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2016, by Todd Schachtman, Chief Manager of Liberty Crossing Investment Partners, LLC, a Minnesota limited liability company, on behalf of the limited liability company. Notary Public THIS INSTRUMENT WAS DRAFTED BY: BEST & FLANAGAN LLP (TGG) 60 South Sixth Street, Suite 2700 Minneapolis, Minnesota 55402 TEL 612.339.7121 17 ATTACHMENT 1 ORDINANCE NO. 569, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Approval of Final Plan of Development Liberty Crossing P.U.D. No. 123 Intuitive Investments, 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.) 123 thereby allowing the applicant to construct a 184 unit apartment building and 63 townhomes at 7751-7775 Medicine Lake Road, 2485 Rhode Island Avenue North, 2480 Winnetka Avenue North, and 2430 Winnetka Avenue North. 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 Tanek, submitted May 21 and June 8, 2015, shall become a part of this approval. 2. The recommendations and requirements outlined in the memo from the Fire Department, dated June 15, 2015, shall become a part of this approval. 3. The recommendations and requirements outlined in the memo from the Engineering Division, dated June 18, 2015, shall become a part of this approval. 4. Public bicycle racks or similar facilities for the parking/storage of a minimum of 14 bicycles shall be provided, based on a calculation of 5% of the 276 parking spaces required for the apartment building. 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. 123" in its title. 8. A park dedication fee of $60,100, or 2% of the land value, shall be paid before release of the Final Plat. 9. A neighborhood communications plan regarding the construction schedule must be established prior to issuance of a building permit. 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. 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. 18 2. The PUD plan preserves and protects substantial desirable portions of the site's characteristics, open space and sensitive environmental features including steep slopes, trees, scenic views, creeks, wetlands and open waters. 3. The PUD plan includes efficient and effective use (which includes preservation) of the land. 4. The PUD plan results in development compatible with adjacent uses and is consistent with the Comprehensive Plan and redevelopment plans and goals. 5. The PUD plan is consistent with preserving and improving the general health, safety and general welfare of the people of the City. 6. The PUD plan meets the PUD Intent and Purpose provision and all other PUD ordinance provisions Section 2. The tracts of land affected by this ordinance is legally described as follows: The West 374 feet of the North 205 feet of the South 860 feet of the Northwest Quarter of the Northwest Quarter of Section 29, Township 118, Range 21, except the West 33 feet thereof, according to the United States Government Survey thereof, Hennepin County, Minnesota. Together with an easement for ingress and egress over the following described property: The North 30 feet of the North 655 feet of the South 860 feet of that part of the northwest Quarter of the Northwest Quarter of Section 29, Township 118, Range 21, lying West of the East 704 feet thereof, except the West 374 feet of the North 205 feet of the South 860 feet of the Northwest Quarter of the Northwest Quarter of Section 29, Township 118, Range 21, as shown in deed Document No. 2476007; And together with an easement for private roadway as evidenced by Document No. 1287516. Being Registered land as is evidenced by Certificate of Title No. 1305335. Lot 1, Block 1, McTac Addition, according to the recorded plat thereof, Hennepin County, Minnesota. Being Registered land as is evidenced by Certificate of Title No. 689295. Lot 1, Block 1, Golden Valley VFW Post Number 7051, according to the recorded plat thereof, Hennepin County, Minnesota. Being Registered land as is evidenced by Certificate of Title No. 1325613. 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. 19 Section 4. This ordinance shall take effect from and after its passage and publication as required by law. Adopted by the City Council this 21 st day of July, 2015. /s/Shepard M. Harris Shepard M. Harris, Mayor ATTEST: /s/Kristine A. Luedke Kristine A. Luedke, City Clerk 20 ATTACHMENT 2 Parcel 1: Lot 1, Block 1, Golden Valley VFW Post Number 7051, according to the plat thereof, Hennepin County, Minnesota. Being Registered land as is evidenced by Certificate of Title No. 1409819. Parcel 2: Lot 2, Block 1, McTac Addition, according to the recorded plat thereof, Hennepin County, Minnesota. Being Registered land as is evidenced by Certificate of Title No. 1409820. Parcel 3: The West 374 feet of the North 205 feet of the South 860 feet of the Northwest Quarter of the Northwest Quarter of Section 29, Township 118, Range 21, except the West 33 feet thereof, according to the United States Government Survey thereof, Hennepin County, Minnesota. Being Registered land as is evidenced by Certificate of Title No. 1409821. Parcel 4: Lot 1, Block 1, McTac Addition, according to the recorded plat thereof, Hennepin County, Minnesota. Being Registered land as is evidenced by Certificate of Title No. 1409822. To be replated as: Lots 1-57, Block 1, Liberty Crossing P.U.D. No. 123, Hennepin County, Minnesota. 21 Resolution 16-17 April 5, 2016 Member introduced the following resolution and moved its adoption: RESOLUTION RESCINDING RESOLUTION 15-105 AND APPROVING REVISED PLAT - LIBERTY CROSSING P.U.D. NO. 123 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 Liberty Crossing P.U.D. No. 123 covering the following described tracts of land: The West 374 feet of the North 205 feet of the South 860 feet of the Northwest Quarter of the Northwest Quarter of Section 29, Township 118, Range 21, except the West 33 thereof. and Lots 1 and 2, Block 1, MCTAC ADDITION and Lot 1, Block 1, GOLDEN VALLEY VFW POST NUMBER 7051 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, rescinds said Resolution 15-105 and adopts a new plat, 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. d 3 Q 16 % } �)[ - o � 6 _ & \}ƒ § \� ! § \ zu } ( ) - _ § < � o 1. o 0 _ � � � � ;)§ _ { j/\ o - 2 ! _ 2 } - o, ©o � #t � k �/\ \� // o = / % z� � \ \ 21 co _ - Hz I o _ }�\ \ t } \ \} 12 j \ 2\ r § ; _ JLIor m. / - �( \ 2 _1. w \ _ : ! t. f § $ _ !e § _ ; _ \ \ )\ §� - !! !� § -) | /2 ®� / §/ fk /{f! { [[ ) §a f| ; § ` &u !t &!!! ! @§ 2 U C Q) v 9 rn arf o cu Z I or aI o ss NZ ,.— 9L'1tS M„9S.8S•68S j' '• I sE ;-, U W�j :' ^ ------ - ---- --- --- -- 86 Z1--�'' Q L Ir-�� 98 tf ------ ----L LI Sf 99 `. 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' I V i00'K OO'YZ 00*Z m00'Y£'� y1 VJ 2 •,4'`t A `..00'Yf OOYZ 0071E .00, 00'911 1517 r- 4l W CN W � oz:_ w w D n OO 0 00'1Z 00'1-1 00'K I Z - = .B! �n 00'911 1513 h! i L o ry .n oo'1r -co'Yz 60'*z v (1s03 a3ewn11sod AYrWA 130100 00'9ZZ) ° J o --• 8 8�` 80 96'Stt M,b0.6Sb68N :e :e g ev 00'91! uv3-." I o 96'Stt 3*0.65e68S o[;�,( e �' j io0rr o0'1z 0o'1z 0o'1r ! puease uLUIBn_ 81 ~•ryes j ,Z�NI 3-c' �. '�00'K OOYz 00'19 oo'K•• :�: 3 .•,",> V) Y n U I •.�.--00.81! 15V3... _. �'1 3 t c e v degV38 g 8 B i s ooM »8 gQ o N N nlh o c c E I I z u 09Vf 00'42 00'YZ 00'KE i • o u W E o ye o e 09 t �• 00'81 O JSV3 \.: j Z1 o H o o: Y w - ll'WI ---'�`I �&Y z°'a�3 L% — �8'f•8t 3.6S,8Se68S �— A � — Z7 TZ a6uey'STT ldl4sumO1'6Z uolvaS/o iayenb 1sam4YON aW Jo Gull 4VON.._._.:j _�•••••••� J•• `� of V golden MEMORANDUM valley Physical Development Department 763-593-8030/763-593-3988(fax) Executive Summary For Action Golden Valley City Council Meeting April 5, 2016 Agenda Item 6. B. Award Contract for 2016 Bassett Creek Native Vegetation Project, City Improvement Project No. 16-05 Prepared By Jeff Oliver, PE, City Engineer Tom Hoffman, Water Resources Technician Summary The 2015 Bassett Creek Restoration Project is nearing completion and stabilization of the project site is required. As part of the stabilization requirements, a native vegetative buffer must be installed. The vegetative buffer will help to stabilize soils, filter pollutants, provide pollinator habitat, and increase diversity of plant species. Establishment of the native vegetation and buffer was bid as a separate project and is included under the 2016 Bassett Creek Native Vegetation Project. Funding for the 2016 Bassett Creek Native Vegetation Project was included in the BCWMC Capital Improvement Program for the 2015CR Restore Main Stem Channel(1011 Ave to Duluth St). The total amount funded for both projects was $1,503,000. Quotes for the 2016 Bassett Creek Native Vegetation Project were opened on March 16, 2016. The following Base Bids were received: Applied Ecological Services, Inc. $152,182.60 Wetland Habitat Restorations, LLC. $160,952.50 Prairie Restorations, Inc. $168,845.00 Cardno, Incorporated $213,667.50 Minnesota Native Landscapes $229,925.00 Staff has reviewed the bids and found them to be in order and within the project budget. As with all BCWMC projects, the City will be reimbursed for all project expenditures. Attachments • Location Map (1 page) Recommended Action Motion to award the contract for the 2016 Bassett Creek Native Vegetation Project to the lowest responsible contractor, Applied Ecological Services, Inc., for the amount of$152,182.60. o IL L IW Y a J c o 0 J = o N any aueZ o g US a C _ d .0 O V L N 0 N as sel6noa r � O V N 6 .2 p i CL c V 0 = a� T Ln •F+ ,O CL E Cm o N �Od H ;10 _� d � i C V ---� v - 41 N o - m Lf) Rhode Island ve N N 421 N any a ;auum .�C C Z D .0 - LM a U L0 f ►>, o CD N ny ui uoosiM E CCS z 4 a' v-+ Q City 0f golden MEMORANDUM +G YPhysical Development Department 763-593-8030/763-593-3988(fax) Executive Summary For Action Golden Valley City Council Meeting April 5, 2016 Agenda Item 6. C. Award Contracts for the 2016 Pavement Management Program for Construction Contract, Construction Engineering Services and Purchase of Fire Hydrants Prepared By Jeff Oliver, PE, City Engineer Summary Award Construction Contract Bids for the 2016 Pavement Management Program (PMP), City Improvement Project 16-01, were opened on March 9, 2016. The PMP project also includes reconstruction of a failed retaining wall on the east side of Wisconsin Avenue North between Trunk Highway 55 and Golden Valley Road as a bid alternate; and sidewalk installation on the west side Winnetka Avenue immediately north of Trunk Highway 55. Seven bids were received. The bids are listed as follows: GMH Asphalt Corp. $1,647,376.39 Valley Paving, Inc. $1,680,874.09 Park Construction $1,728,418.21 Northwest Asphalt $1,741,396.64 Forest Lake Contracting $1,759,949.40 C.S. McCrossan $1,953,115.10 Staff has reviewed the bids and found them to be accurate and in order. Construction Observation and Engineering Services Staff has received a proposal from the consulting engineering firm of Short Elliott Hendrickson, Inc. (SEH), dated March 6, 2016, for construction staking and engineering services for the 2016 PMP. Engineering services include specialized work in geotechnical engineering for soil conditions and environmental engineering. The construction staking includes all survey work during construction, and record drawing survey and drawing preparation following construction. Construction observation for this project will be performed by both City and SEH staff. The proposal includes a not-to-exceed amount of$82,900. It is expected that construction will begin as weather permits in early May 2016, and be completed in the fall. Purchase Fire Hydrants Due to specific requirements for fire hydrants used in Golden Valley, hydrants have been purchased separately for the PMP projects for several years for use within the project. The cost of these hydrants will be charged to the project utility budget. Two quotes were received to purchase 10 fire hydrants as follows: Dakota Supply Group $27,990.00 American AVK Company $30,789.00 Financing The financing for this project is summarized as follows: The bid for street reconstruction totals $965,561.99 and is within the CIP (5-001) for the project. The total bid for sanitary sewer and watermain improvements, including purchase of fire hydrants, is $391,282.17 and is within the $435,000 included in the CIP (W&ss-001) for this project. The total bid for storm sewer improvements is $147,848.17 and is within the $250,000 included in the CIP (SS-001) for this project. The bid for the Winnetka Avenue sidewalk construction was $69,224.81 and is within the available funding from the Capital Improvement Plan for 2015 and 2016 (S-018). -- The bid for the Wisconsin Avenue retaining wall reconstruction was $101,449.25 and is to be funded from the State Aid Maintenance Fund. Attachments • Location map (1 page) • Professional Services Agreement dated November 23, 2015, from Susan Mason and Daniel Erickson, SEH, to Jeff Oliver, City Engineer (8 pages) • Quotes for fire hydrants from Dakota Supply Group and American AVK Company (4 pages) Recommended Actions Motion to authorize a contract with GMH Asphalt Corp., in the amount of$1,647,376.39 for the construction of the 2016 PMP, City Improvement Project No. 16-01. Motion to authorize a contract with SEH, Inc. for observation, construction, staking, and engineering services for the 2016 PMP, not to exceed $82,900.00. Motion to authorize purchase of fire hydrants from Dakota Supply Ground, Sioux Falls, South Dakota, in the amount of$27,990.00. Naper St z r a ii f Olympia St Q r I Lakeview 1 C201 P perk St z r 111 I V i I i r i Plymouth A N r , i r : r I r i 1 I g N. r i i'V 10 Pitnrt�are:farz7no�4 't li! e i , ,_ 2016 P Nf P Hennepin County SWW)CM Office for ' -CdGolden Lines Valley for afl other le Photography(2o72J. r o iso aoa Wo Feet city 0� golden MEMOR 1'IDU +I e Physical Development Department 763-593-8030/763-593-3988(fax) Executive Summary For Action Golden Valley City Council Meeting December 1, 2015 Agenda Item 3. E. Authorize Agreement with SEH, Inc. for 2016 PMP Final Design Prepared By Jeff Oliver, PE, City Engineer R.J. Kakach, EIT, Engineer Summary In 2013, the City authorized a feasibility report for the 2015 Pavement Management Program to be prepared by SEH, Inc. The original 2015 PMP included the entire Lakeview Park neighborhood between Plymouth Avenue and Earl Street. The budget impacts of repairs to the sanitary sewer system and water main replacement resulted the need to split the project was into three construction years, 2015, 2016, and 2017. While much of the design work for the 2016 project was completed previously, there is additional design work to be completed at this time. Staff has solicited a proposal from SEH, dated October 6, 2015 (attached) in an amount not to exceed $82,900 for additional engineering services for the 2016 PMP. Work to be completed includes final preparation of plans and specifications, bidding services, construction staking and observation assistance, geotechnical engineering during construction, and record drawing survey. The streets included in the proposed 2016 PMP are: • Winsdale Street, Mendelssohn Avenue North to Hillsboro Avenue North • Independence Avenue North, Plymouth Avenue North to Earl Street • Hillsboro Avenue North, Plymouth Avenue North to Winsdale Street The anticipated schedule for the 2016 PMP project is as follows: Complete Plans and Specifications: February, 2016 Open Bids: March, 2016 Begin Construction: May, 2016 Complete Construction: Summer, 2016 Attachments • Proposal Letter from SEH to Jeff Oliver, PE, City Engineering dated November 23, 2015, for Design and Construction Services for 2016 PMP (6 pages) Recommended Action Motion to authorize entering into a contract with SEH, Inc. for design and construction services for the 2016 PMP, not to exceed $82,900. November 23,2015 RE: City of Golden Valley,Minnesota 2016 PMP Design and Construction Services SEH No. 125641 City No. 16-01 Mr.Jeff Oliver City Engineer City of Golden Valley 7800 Golden Valley Road Golden Valley,MN 55427-4588 Dear Jeff. Thank you for the opportunity to assist the City of Golden Valley in providing professional cngineering services for the reconstruction of streets in the 2016 Pavement Management Program (PMP). The City is requesting a scope of work that includes finishing bidding documents and providing construction services. This letter serves as the supplemental Letter Agreement in accordance with the Agreement for Professional Services between the City of Golden Valley and SEH. Background The Lakeview Park neighborhood located in the northwest part of the City was split into three PMP project years, 2015,2016,and 2017. As part of the 2016 PMP project portion,the City of Golden Valley proposes to rehabilitate approximately 0.48 miles of streets and 0.11 miles of bituminous trail (crossing Lakeview Park). The 2016 PMP project area is bounded by Mendelssohn Avenue North to the west,Olympia Street to the north,Gettysberg Avenue North to the east,and Plymouth Avenue North to the south (see attached exhibit). The proposed 2016 improvements include the construction of storm sewer pipe,drainage structures, sanitary sewer repairs,water main replacement,bituminous trail reconstruction, and street reconstruction including concrete curb and gutter. SEH started preparation of the bidding documents in conjunction with the 2015 PMP project,but put them on hold to complete the 2015 project. SEH will finish preparing the plans for the 2016 PMP, prepare the specifications,obtain necessary permit approvals, and provide bidding preparation services. SEH will also provide construction services for the 2016 construction season. These services include:construction staking,providing a Resident Project Representative(RPR),construction 1 observation,and record plans as described below and detailed in the task summary. The City will be providing overall construction administration on this project. Scope of Work ' t Bidding Documents SEH will finish preparing the plans and create specifications for this project. Existing and proposed profiles and alignments will be reviewed and optimized for drainage,storm sewer design will be Mr.Jeff Oliver—2015 PMP Design and.Construction Services November 23,2015 Page 2 finalized and implemented into the plans, driveway grades will be verified and improved if possible, and utility replacement and repairs will be shown. The plans will be finalized according to City standards and submitted to the City staff for review and approval. Specifications and cost estimates will be developed. Necessary permits applications to the Basset Creek watershed and the Department of Health will be completed and submitted for approvals. We have included time to prepare MIDS Calculator pollutant load removal estimates(or comparable tool for BMPs not included in MIDS)and preparation of a memo for submittal to the watershed. SEH will be available to answer design related questions during bidding and will develop contracts for the City to complete. SEH has included time for one kick-off project meeting with the City,one meeting during the completion of the plans, and another to review the City's comments prior to bidding. It addition, SEH will review and evaluate options within Lakeview Park for restoring the existing low area with wetland and/or native vegetation to create a natural wetland and/or native wet prairie setting within the park. The selected option will be included with the plans. Construction Staking SEH will provide a survey crew to provide the construction staking of the proposed improvements for the neighborhood streets included in the 2016 program. Staking tasks for this project will include placement of horizontal control,vertical control,utility staking for private utilities, sanitary sewer stakes,water main stakes, storm sewer stakes,curb and gutter stakes, blue tops after curb is in place, bituminous trail stakes,stakes for low area in Lakeview Park, and travel. All survey coordination for construction staking and observation will be between the survey crew chief and the City. Resident Project Representative(RPR) The on-site representative for Resident Project Representative(RPR) is the Engineer's agent at the site and will act as directed by and under supervision of the Engineer. The RPR shall serve as the liaison with the contractor,working principally through the contractor's superintendent. They will assist in helping the contractor understand the intent of the Contract Documents. The field personnel will review the progress schedule, shop drawings,and required submittals, Schedule of Materials Control and consult with the Engineer concerning acceptability. The RPR will be responsible for maintaining job site files,for correspondence,meeting reports,field orders,and supplemental agreements. They will keep a daily diary or log book. Records pertaining to quantities and applications for payment will be the responsibility of the RPR. The RPR will also keep information pertaining to record plans and will schedule the survey crew based on the staking requests from the contractor's representative. Observation SEH will provide observation services including attendance of the pre-construction meeting and shop drawing review on drainage structures for the project area.A budget has been included for minor technical support if needed for geotechnical and/or traffic control issues that may arise.Time has also been built in to assist with project closeout activities. Mr.Jeff Oliver—2015 PMP Design and Construction Services November 23,2015 Page 3 Record Plans SEH will perform a record survey of the project area,which includes providing final top of structure and invert surveys on new sewer structures.Benchmarks will be reestablished in the construction area in conjunction with the record survey. The City will complete the record drawings. Project Team Dan Erickson will be the Project Manager and will coordinate the final design and other technical production work. Tim Wegwerth will be the project engineer and will be assisting in completion of the plans. Sue Mason and Tim Wegwerth will attend the project meetings. Other technical experts may be called upon to participate in meetings,depending on the issues that are brought forth by residents and other stakeholders. In regards to the construction services,Dan Erickson will be available to answer design related questions and provide coordination as required between City staff and the surveying and will provide project management of our contract with the City. Tim Wegwerth will be available to review design issues in the field and will attend the weekly project construction meetings as necessary. Troy Anderson will serve as Resident Project Representative(RPR)and will assist the City with field representation. Nick Domiano will be the lead Survey Crew Chief assigned. Mike Kotila will be available to provide traffic engineering support as necessary. Brent Theroux will be available to provide geotechnical field support as may be required with the subgrade correction work. Schedule We anticipate the remaining design and plan production work to take place within the months of November-December in 2015 with majority of construction services to take place within the months of May to October in 2016. The record plan survey will follow completion of the construction. Compensation SEH proposes to be compensated for the scope of work proposed in the Agreement on an hourly basis. Compensation will be based on the hourly cost of personnel plus reimbursable expenses, including reproductions,mileage, car allowance,and equipment. Additional services required beyond the tasks and estimated hours as described can be negotiated or provided as extra work on an hourly basis. We have estimated the services described above to cost a total of$82,900. The person/hour task budgets for each phase of the work are attached. The summary of engineering services is as follow: Bidding Documents $ 22,400 Construction Services 60,500 2016 PMP Estimated Engineering Fees $ 82,900 The City of Golden Valley will be invoiced for actual labor and reimbursable expenses incurred by SEH to complete the work. The person/hour task budgets for each phase of the work are attached. This agreement is an understanding of the project to date. If this document satisfactorily sets forth your understanding of our agreement,please sign in the space below and return one copy to our office. We look forward to working with you,your staff,and the community on this project. Thank you for the opportunity to continue to work with the City of Golden Valley. Mr.Jeff Oliver—2015 PMP Deaip and Construction Services Novamber 23,2025 PW 4 Re"otively submitted, SHORT ELLIOTT HEMRICKSON INC. r rM'Mason,PE *WV Project Maimm/Associew amc F�clvsures 6i ardw�aotsrder,901S q�,mc Approved this I �day of 2015 Cityof Golden lay,Minnesota rte; Ct gnu li, ✓ --- ------- . \ § ` \ � _ \, { � � � \ r k ,| \ ` ) {) k \ ! \ / ! 2 _ ;\ \ lo r4 / \ ) \} /\2 /\\)\�\\fk ; k �\ \ �\ o E oo Is t ... rZ P, N N N W t 00 V V O W DD 00 00 a N r U 0 00 00 b Q 00 00 0 0 �o p o N rn P4 9 A W 00 00 w A W v w F � ,5 iV 6c x W 3 d � u w a d a y � T u 00 .:• oo 73 b 9 a a � b pa a o aG� :..Q 00 M W In �o 21 .... � w O q U yyd� O t� 4 z •v w d 93 O Fl U u q V O Zq bc ♦+ h U N 0U U qo � � H .� abi °o Q aai y❑y •G q 5 0° � '� � v O 'd o 'G •� .a5i y � c~i � � a> > A °' o O tlQ d b '� p O44 'd •G 3 00 : o U a dam d .alz U . NO a DAKOTA SUPPLY GROUP INC EMAIL QUOTATION FROM: PATRICK S BANGASSER 605-336-8884 QUOTATION TO: PAGE 1 018593 CITY OF GOLDEN VALLEY FINANCE DEPT QUOTATION NO. : 5556654 7800 GOLDEN VALLEY RD GOLDEN VALLEY, MN 55427-4588 QUOTATION DATE: 2/03/2016 BID DUE DATE: BID DUE TIME: PROJECT: GOLDEN VALLEY, MN - 2016 HYDRANTS THANK YOU FOR THE OPPORTUNITY TO QUOTE THIS PROJECT. PLEASE CALL IF YOU HAVE ANY QUESTIONS CONCERNING THE MATERIAL ON THIS QUOTE. ANY LOCAL, STATE, OR FEDERAL TAXES WHICH MAY BE LEVIED AGAINST THIS MATERIAL ARE NOT PART OF THIS QUOTATION. THESE MUST BE ADDED BY THE PURCHASER. THE PRICES ON THIS QUOTATION ARE BASED ON TODAY'S PRICES FOR THE QUANTITIES INDICATED. PRICES ARE SUBJECT TO MANUFACTURER'S PRICE ESCALATION AT THE TIME OF SHIPMENT. ALL TRANSACTIONS RESULTING FROM THIS QUOTATION ARE SUBJECT TO A STANDARD CLAUSE WHICH IS AS FOLLOWS: DAKOTA SUPPLY GROUP SHALL NOT BE LIABLE FOR ANY DELAYS IN OR FAILURE TO MAKE DELIVERY WHERE OCCASIONED BY STRIKES, OR BY ANY CAUSES BEYOND OUR CONTROL, SUCH AS BUT NOT LIMITED TO FIRES, FLOODS, ACCIDENTS, ACTION OF ANY GOVERNMENTAL AUTHORITY, OR SHORTAGES OF LABOR, RAW MATERIAL PRODUCTION FACILITIES OR TRANSPORTATION. SUBMITTAL OF THIS QUOTATION DOES NOT NECESSARILY GUARANTEE SUFFICIENT MATERIAL TO COMPLETE THE JOB. ALL ITEMS ARE SUBJECT TO ENGINEER'S APPROVAL. QUOTATION OF THIS MATERIAL DOES NOT CONSTITUTE AN OFFER TO SELL. APPROVAL FOR SALE MUST COME FROM OUR CREDIT DEPARTMENT, ACCEPTED BY: RESPECTFULLY SUBMITTED, PATRICK S BANGASSER DAKOTA SUPPLY GROUP INC DAKOTA SUPPLY GROUP INC 2219 EAST BENSON ROAD SIOUX FALLS, SD 57104 PH #: 605-336-8884 SUBMITTED BY: PATRICK S BANGASSER DATE: 2/03/2016 PAGE 2 QUOTATION TO: PROJECT: GOLDEN VALLEY, MN - 2016 HYDRANTS ------------- QUOTE NO: 5556654 018593 ORDERED BY: CITY OF GOLDEN VALLEY FINANCE DEPT 7800 GOLDEN VALLEY RD GOLDEN VALLEY, MN 55427-4588 QTY PROD #/DESCRIPTION UNIT PRICE UOM EXT PRICE ----------------------------------------------------------------------- 10 EA 2,799. 00000 EA 27,990.00 2700 6MJ 8 ' 0" SWAY GOLDEN VALLEY (2738-E2914-OBY08-BS) GOLDEN VALLEY, MN. SPECIFICATION PRICE INCLUDES DELIVERY TO GOLDEN VALLEY, MN. ONE COMPLETE SHIPMENT. BID TOTAL 27,990.00 ** END OF BID ** o $ S $ 8 S o 0 0 C ? E . z V). az c—c - po g _ pg g • W IWO h 4^ if1 V6 s O d z z CL x o c ' IJJ to 4 $ L c W O Li 'C a 40 � m d 1D M L p ~ a � z m � 0 B � g Z ' d d a a � a a 'I as c od N M V! 00 a 5 0 1 O0 � 00 � c► a � a O p 0 0 mm� w d 0 e-1 RV M Ln to 11 00 G! Q th ro g g a t o C E2. .a �i opo a ai 2 tY! V H ul Irk u d O E . O ppS �G v d N z C to to o N is 41 in •• M G c E d H 3 CL d 4Aau C U. CL O C Y a � � a u a U a ° ¢ �r P fflw --- aGi °' O "! M d c tv CL �' a ofp !V C V mv 0000 p � �, d Q Z N Vf C ei C E — — -- �` y rf M5 NN IA U —4i G i.7 Q � � city 0f golden MEMORANDUM Va. E'.11y Administrative Services Department 763-593-8013/763-593-3969(fax) Executive Summary For Action Golden Valley Council Meeting April 5, 2016 Agenda Item 6. D. Call for Public Hearing on the Intention to Issue General Obligation Street Reconstruction Bonds and Proposal to Adopt Street Reconstruction Plan Prepared By Susan Virnig, Finance Director Summary Since 2008, Staff has worked with residents and businesses along with many agencies such as Hennepin County and the Minnesota Department of Transportation on a plan to reconstruct Douglas Drive (County Road 102) between Olson Memorial Highway (Hwy 55) and Medicine Lake Road (County Road 70) to improve driver and pedestrian safety as well as traffic efficiency, issues identified in the Douglas Drive Corridor Study. Improvements to the road and utilities will be done in 2016 and completed in 2017. The proceeds of this $5,630,000 Street Reconstruction bonds will finance the improvements. The debt service payments on the bonds will be paid with franchise fees. The public hearing on April 19, 2016, will include an overview of the Douglas Drive road improvements, the street reconstruction plan and the financing of the project. Attachments • Resolution Call for Public Hearing on the Intention to Issue General Obligation Street Reconstruction Bonds and the Proposal to Adopt a Street Reconstruction Plan (2 pages) Recommended Action Motion to adopt Resolution Call for Public Hearing on the Intention to Issue General Obligation Street Reconstruction Bonds and the Proposal to Adopt a Street Reconstruction Plan. Resolution 16-18 April 5, 2016 Member introduced the following resolution and moved its adoption: RESOLUTION CALL PUBLIC HEARING ON THE INTENTION TO ISSUE GENERAL OBLIGATION STREET RECONSTRUCTION BONDS AND THE PROPOSAL TO ADOPT A STREET RECONSTRUCTION PLAN THEREFOR BE IT RESOLVED by the City Council of the city of Golden Valley, Minnesota, as follows: 1. In conformity with the provisions of Minnesota Statutes, Section 475.58, Subdivision 3b, this Council intends to issue bonds to finance capital expenditures under its street reconstruction plan (the "Plan") without an election provided that, among other things, prior to issuing the bonds the City adopts the Plan after a public hearing thereon and publishes a notice of its intention to issue the bonds and the date and time of a hearing to obtain public comment on the matter. 2. A public hearing shall be held on the intention to issuance of General Obligation Street Reconstruct Plan Bonds and the Proposal to Adopt a Street Reconstruction Plan therefor on April 19, 2016, in the Council Chambers at City Hall at 6:30 pm. 3. The Clerk is authorized and directed, if such action has not already been taken, in which case it is ratified, to cause notice of the time, place, and purpose of said meeting in substantially the form of Exhibit A attached hereto to be published April 7, 2016, in the NEW HOPE/GOLDEN VALLEY SUN POST, the official newspaper of the City. Shepard M. Harris, Mayor ATTEST: Kristine A. Luedke, City Clerk The motion for 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. EXHIBIT A CITY OF GOLDEN VALLEY, MINNESOTA NOTICE OF PUBLIC HEARING ON INTENTION TO ISSUE GENERAL OBLIGATION STREET RECONSTRUCTION BONDS AND PROPOSAL TO ADOPT A STREET RECONSTRUCTION PLAN THEREFOR NOTICE IS HEREBY GIVEN, that the City Council of the City of Golden Valley, Minnesota will meet on April 19, 2016 at 6:30 PM at the City Hall, 7800 Golden Valley Road, in said City for the purpose of conducting a public hearing on (i) the intention to issue general obligation street reconstruction bonds in an amount not to exceed $5,630,000 (the "Bonds") and (ii) the proposal to adopt a street reconstruction plan therefor (the "Plan"). The proceeds of the Bonds will be used to finance various street reconstructions within the City pursuant to Minnesota Statutes, Section 475.58, Subdivision 3b. A copy of the Plan is available for examination at the City offices. All persons interested may appear and be heard at the time and place set forth above, or may file written comments with the City Clerk prior to the date of the hearing, which written comments will be considered at the hearing. If a petition requesting a vote on the issuance of the Bonds is signed by voters equal to five percent of the votes cast in the City in the last municipal general election and is filed with the City within 30 days after the public hearing, the City may issue the Bonds only after obtaining the approval of the majority of the voters voting on the question of issuing the Bonds. If you require auxiliary aids or services to participate or communicate in this meeting, please contact 763-593-8012 (TTY: 763-593-3968) 48 hours before the meeting time to make a request. Examples of auxiliary aids or services may include sign language interpreter, assistive listening device, accessible meeting location, etc. BY ORDER OF THE CITY COUNCIL Kristine A. Luedke, City Clerk Published on April 7, 2016 city 0�10 rr� goldcn MEMORANDUM valley Physical Development Department 763-593-8030/763-593-3988(fax) Executive Summary For Action Golden Valley City Council Meeting April 5, 2016 Agenda Item 6. E. Establish No Parking Restrictions on Golden Hills Drive between Xenia Avenue South and Turners Crossroad South Prepared By Jeff Oliver, PE, City Engineer Summary Since the completion of the Arcata apartments in the southeast corner of Golden Hills Drive and Xenia Avenue South staff has heard concerns from residents, and the management company for the Arcata, regarding hazardous on Golden Hills Drive between Xenia Avenue and Turners Crossroad. These concerns relate to limited visibility for drivers leaving the Arcata site and exiting the parking ramps for the Colonnade as illustrated on the attached photographs. Staff has observed the on street parking numerous times and have determined that parking on Golden Hills Drive does create a risk of crashes, and is therefore supportive of creation of No Parking zones on the north and south sides of Golden Hills Drive between Xenia Avenue and Turners Crossroad as shown on the attached map. There are currently parking restrictions on Xenia Avenue and Turners Crossroad surrounding the site. Staff contacted representatives of the three adjacent properties regarding the proposed parking restrictions. Two of the properties, including the Arcata and Colonnade responded in support of the parking restrictions. The Arcata has indicated that there is an agreement in place with the Colonnade for visitors and residents to use the Colonnade parking ramp on evenings and weekends. There is existing structured parking within the Arcata building for resident parking. Attachments • Photographs of parking conditions on Golden Hills Drive between Xenia Avenue and Turners Crossroad (2 pages) • Location Map (1 page) • Resolution establishing a No Parking Any Time zone on the north and south sides of Golden Hills Drive between Xenia Avenue South and Turners Crossroad South (1 page) Recommended Action Motion to adopt Resolution to establish a No Parking Any Time zone on Golden Hills Drive on the north and south sides of Golden Hills Drive between Xenia Avenue South and Turners Crossroad South. t''r r �„ f � t��� �ry ., sty �• y..... a� _ 1 11197 t _ a i r r' , ,a a u,:. d as. Fs / f D I 1A ,`� �}. c� .meq: �,1. �•a, '' � � if ,rte```. Ate ' r r ` ppm mw /� "r fa 11 wk 4 Parking Restrictions Laurel Ave ' - - - No Parking (current) Proposed No Parking N X4�0_ > 'O N � Q 101 �q ,, c� .E ,0 x NO X � �i� ,M, IN - Proposed Restriction , No Parking Anytime lip' Golden Hills Dr ' I � is I _ Circle Down • to ,O ♦ • O , , ♦ • , • M ♦ I_ ♦ N ♦ ♦ ' Print Date: 2/23/2016 e Sources: go Iden Golden Hills Dr -Hennepin County Surveyors Office for Property Lines(2015)&Aerial Photography(2012). valley Parking City of Golden Valley for all other layers. 0 75 150 300 Feet Resolution 16-19 April 5, 2016 Member introduced the following resolution and moved its adoption: RESOLUTION TO ESTABLISH NO PARKING RESTRICTIONS ON GOLDEN HILLS DRIVE BETWEEN XENIA AVENUE SOUTH AND TURNERS CROSSROAD SOUTH WHEREAS, the City Council has the power and authority, pursuant to Chapter 9.06, Subd. 2 of the City Code to establish limited or restricted parking zones on City streets; and WHEREAS, the City has become aware of parking related safety concerns on Golden Hills Drive between Xenia Avenue and Turner's Crossroad; and WHEREAS, it appears that parking restrictions should be established to address the safety concerns on Golden Hills Drive. The following parking restrictions will therefore be in effect.- 1. ffect: 1. No parking shall be permitted at any time on the north and south side of Gold Hills Drive between Xenia Avenue South and Turners Crossroad South. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Golden Valley that the City Manager and his/or designee be authorized to establish no parking restrictions on the north and south sides of Golden Hills Drive between Xenia Avenue South and Turners Crossroad South. 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 o v w olden MEMORANDUM I1 41 v y Physical Development Department 763-593-8095/763-593-8109(fax) Executive Summary For Action Golden Valley City Council Meeting April 5, 2016 Agenda Item 6. F. Submit Application to Minnesota Pollution Control Agency for Minnesota GreenCorps Host Site Prepared By Eric Eckman, Public Works Specialist Emily Goellner, Associate Planner/Grant Writer Summary Minnesota GreenCorps is an AmeriCorps program that began in 2009. The goal of Minnesota GreenCorps is to preserve and protect Minnesota's environment while training a new generation of environmental professionals. The program places members with host sites around the state to assist communities and local governments in addressing a variety of statewide needs. For the 2016-2017 program year, the Minnesota Pollution Control Agency (MPCA) anticipates placing and supporting up to 40 full-time GreenCorps members throughout Minnesota. More information is available at: https://www.pca.state.mn.us/mngreencorps/program-information. City staff recognized this as an opportunity for the City and despite a very short timeframe submitted a host site application to MPCA to become a GreenCorps host site for the 2016-2017 program year. This is the first GreenCorps host site application submitted by the City since program inception. If selected by MPCA, one GreenCorps member would work at City Hall on a full-time basis from September 2016 to August 2017. The GreenCorps member would work with staff to implement the Environmental Commission 2016 and 2017 Work Plans; including but not limited to the update to the City's Comprehensive Plan, GreenStep Cities initiatives, and implementation of the City's Natural Resources Management Plan. If the City is selected as a host site, the City is required to provide in-kind support in the form of staff supervision, office materials, mileage reimbursement or use of a city vehicle, safety gear, and training as needed. Staff is confident that the City has the capacity and staff experience to provide the required in-kind support. The City's Environmental Commission recommended participation in the GreenCorps program at its March 28, 2016, meeting and provided the attached letter of support. A resolution of support from City Council is also required as part of the application process. Attachments • Resolution Supporting Submittal of Application to Minnesota Pollution Control Agency for Minnesota GreenCorps Host Site (1 page) • Letter of Support from Environmental Commission (1 page) Recommended Action Motion to adopt Resolution supporting submittal of Application to Minnesota Pollution Control Agency for Minnesota GreenCorps Host Site. Resolution 16-20 April 5, 2016 Member introduced the following resolution and moved its adoption: RESOLUTION SUPPORTING SUBMITTAL OF APPLICATION TO MINNESOTA POLLUTION CONTROL AGENCY FOR MINNESOTA GREENCORPS HOST SITE WHEREAS, the City of Golden Valley is eligible to apply for the placement of one Minnesota Pollution Control Agency GreenCorps member at City Hall for the next program year (September 2016-August 2017); and WHEREAS, the selected candidate would focus on assisting the City with establishing long term sustainability goals and objectives and implementing short term sustainability projects and practices; and WHEREAS, the selected candidate would work with staff to implement the Work Plan of the City's Environmental Commission; including but not limited to the update to the City's Comprehensive Plan, GreenStep Cities initiatives, and implementation of the City's Natural Resources Management Plan; and WHEREAS, staff has reviewed all terms and conditions of this funding opportunity and finds them to be satisfactory. NOW THEREFORE BE IT RESOLVED by the City Council of Golden Valley that the Council is supportive of staff's submittal of an application to the Minnesota Pollution Control Agency for the placement of one Minnesota GreenCorps member at City Hall from September 2016 to August 2017. 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. March 29,2016 Minnesota GreenCorps MPGA 520 Lafayette Road North St. Paul, MN 55155-4194 Sent via email Subject: Support of Minnesota GreenCorps Host Site Application Dear Minnesota GreenCorps Program Coordinator: The City of Golden Valley Environmental Commission Is supportive of the City's GreenCorps Host Site Application for program year 2016-2017.The Commission is excited by the opportunity to work with a GreenCorps member to assist with its top work plan priorities for 2016. The Commission's priorities include development of a Resilience chapter in the Comprehensive Plan that will include a significant amount of community engagement; completion of several GreenStep Cities action items under Climate Adaptation and Community Resilience,and Water and Energy related best practices;and implementation of various components of the City's Natural Resources Management Plan including education and outreach. The GreenCorps member will benefit from the unique experience of working first hand with the community,the Commission,and staff to establish policies,goals,and implementation actions that help fulfill the City's long term sustainability and natural resource objectives.The member will assist the City in its education,outreach,and citizen engagement efforts and will undoubtedly provide invaluable support to staff and the Commission throughout the entire 2016-2017 program year. For all of these reasons,we strongly support the City's application for the Minnesota GreenCorps Host Site for program year 2016-2017. Sincerely, Lynn Gitelis Chair of the City of Golden Valley Environmental Commission I'tPhvsteal DPvalonmanhr,rppn CARf3 AmMinatlentLaftar of Suonort Mdor:x city 0f goldenviil.','*� MEMORANDUM valley Physical Development Department 763-593-80951763-593-8109(fax) . �� . . Executive Summary For Action Golden Valley City Council Meeting April 5, 2016 Agenda Item 6. G. Submit Environmental Assistance Grant Application to Minnesota Pollution Control Agency for Sustainability and Resilience Planning Prepared By Eric Eckman, Public Works Specialist Emily Goellner, Associate Planner/Grant Writer Summary The Minnesota Pollution Control Agency (MPCA) is offering Environmental Assistance Grants for fiscal year 2016-2017 to assist Cities with environmental projects and planning efforts, including sustainability and resilience planning. More information on Environmental Assistance Grants can be accessed at: https://www.pca.state.mn.us/about-mpca/environmental-assistance-grants. Staff anticipates that the City will include the Metropolitan Council's Resilience Plan Element in its upcoming Comprehensive Plan update. As funding for the comprehensive plan update is limited, staff recommends that the City apply for the City Sustainability Planning grant to help fund this effort. Only Minnesota cities are eligible for this particular grant category. Staff has reviewed the application materials and recommends that the City request the maximum grant amount of$15,000 to fund the work of an experienced consultant to assist staff in engaging the community, identifying sustainability and resilience goals, and incorporating implementation strategies into the Comprehensive Plan. Strategies are likely to address a wide variety of topics, including land use, buildings, transportation, energy use, infrastructure, water, and health. If awarded the grant funds, the City is required to provide a 25% match in funding. The match could be up to$3,750 (depending on the grant amount awarded) and would be funded by the City's 2016 Comprehensive Plan budget. The Environmental Commission has identified the Resilience and Sustainability chapter of the Comprehensive Plan as one of the top priorities in its draft 2016 work plan. The Commission made a recommendation supporting the City applying for the sustainability grant at its March 28, 2016, meeting. A resolution of support from City Council is also required as part of the application process. Attachments • Resolution Supporting Submittal of Grant Application to Minnesota Pollution Control Agency for Sustainability and Resilience Planning (1 page) Recommended Action Motion to adopt Resolution supporting submittal of Environmental Assistance Grant Application to Minnesota Pollution Control Agency for Sustainability and Resilience Planning. Resolution 16-21 April 5, 2016 Member introduced the following resolution and moved its adoption: RESOLUTION SUPPORTING SUBMITTAL OF GRANT APPLICATION TO MINNESOTA POLLUTION CONTROL AGENCY FOR SUSTAINABILITY AND RESILIENCE PLANNING WHEREAS, the City of Golden Valley is eligible to apply for a grant from the Minnesota Pollution Control Agency, under its fiscal year 2016-2017 Environmental Assistance Grant Program; and WHEREAS, City staff has identified a need for funding to conduct community-wide long-term sustainability and resilience planning as part of the update to the City's Comprehensive Plan; and WHEREAS, the grant would fund the work of an experienced consultant to assist staff in engaging the community, identifying sustainability and resilience goals, and incorporating implementation strategies into the Comprehensive Plan; and WHEREAS, staff has reviewed all terms and conditions of this funding opportunity and finds them to be satisfactory. NOW THEREFORE BE IT RESOLVED by the City Council of Golden Valley that the Council is supportive of staff's submittal of a grant application to the Minnesota Pollution Control Agency for sustainability and resilience planning. 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 MEMORANDUM Park and Recreation Department V+a p t 763-512-2345/763-512-2344(fax) Executive Summary For Action Golden Valley City Council Meeting April 5, 2016 Agenda Item 6. H. New Gazebo for Brookview Park Prepared By Rick Birno, Director of Parks and Recreation Summary A request for proposal was distributed for gazebo designs and quotes for the purchase and installation of a new gazebo in Brookview Park. The new gazebo will be utilized for the summer concert series, wedding ceremonies and outdoor events. The addition of a gazebo to Brookview Park is identified as a key improvement in the comprehensive park plan for Brookview Park and has been a goal of the Open Space and Recreation Commission for a number of years. The following companies submitted proposals: Company Basic Gazebo Gabled Gazebo Concrete Base Minnesota/Wisconsin $32,036.50 $40,473.00 N/A Playground j I St. Croix Recreation No Quote Received $49,475.00 N/A Company Northland Recreation, LLC $41,082.50 $41,084.00 N/A Webber Recreation, LLC $35,725.00 $39,450.00 N/A Play & Park Structures $36,593.56 No Quote Received N/A Concrete Etc. N/A N/A $25,785.00 Northland Concrete N/A N/A No Quote Received Hage Concrete N/A 4 N/A No Quote Received Staff is recommending the Gabled Gazebo from Icon Shelters through Webber Recreational Design, LLC ($29,650.00), shelter installation through Webber Recreational Design, LLC ($9,800.00) and concrete base/apron & walkway from Concrete Etc. ($25,785.00). The 2016-2020 Capital Improvement Program Park Section P-003 includes funding for the addition of a new Gazebo at Brookview Park. Attachments 0 Gazebo Design for Brookview Park (1 page) Recommended Action Motion to authorize the purchase and installation of a new Gazebo for Brookview Park. Project total for the concrete, gazebo and installation is $65,235.00. DMO'P96Z4-0£—O6-0S—Sd—N14£XH\I(JDuiwiaud\s6upnou0 0f-06-09-8d—W 44\XH\spaopuo}S\6uivaaui6u3 Auodwo0\tOuoo�\ 0 wco d1 LLJ HR m 8 :z o n rn m = a 0 .438 \Y 0�0 h---iia .%s-.c Zlo I - Y(L� pp �O o- 0 D N� w city 0 golden4 MEMORANDUM ��11 R r i . e� Park and ec eat on Department 763-512-2345/763-512-2344(fax) Executive Summary For Action Golden Valley City Council Meeting April 5, 2016 Agenda Item 6. I. Golden Oaks Park Playground Equipment Replacement Prepared By Rick Birno, Director of Parks and Recreation Summary The 2016-2020 Capital Improvement Program Park Section includes $50,000 for new playground equipment (P-003). Golden Oaks Park is scheduled to replace the 23 year old playground structure. The Golden Oaks Park neighborhood participated in a public meeting on March 28th to select a play structure proposal from options designed by Minnesota/Wisconsin Playground, Inc. with play equipment available through U.S. Communities Purchasing Contract ##416005190 and manufactured by GameTime, Inc. Installation of the new equipment is scheduled for fall of 2016 and conforms to all ADA and Consumer Product Safety Commission Guidelines. The old play structure will be removed from its current location on the hill and the new play structure installed on a level central location in the park next to the basketball court. Staff recommends the purchase of GameTime playground equipment through Minnesota/Wisconsin Playground, Inc. and the U.S. Communities purchasing contract #416005190. Total Project Expense for play structure and installation: $50,000. Attachments: • Play Structure selected by Golden Oaks Neighborhood (2 pages) Recommended Action: Motion to authorize the purchase and installation of playground equipment from GameTime, Inc. through Minnesota/Wisconsin Playground, Inc. and the U.S. Communities purchasing contract #416005190 for a project total of$50,000.00. k � ,: �rrrr �.,.✓ 1 VIA wasML w a IL ' , y • •� i. EIJ • `` k Ant �" t . Lfl AV i � • N AC k r 3 N i W � x low { i x; 3 z Q a = V)zz 01--� v�O 3 a w m z Q �a 3 City 0� goldenl!V-14� MEMORANDUM valley City Administration/Council 763-593-3989/763-593-8109(fax) Executive Summary For Action Golden Valley City Council Meeting April 5, 2016 Agenda Item 6. J. Second Consideration - Ordinance#594 -Amending Section 8.11: Special Events, Special Event Policy and Summary of Ordinance for Publication Prepared By Tim Cruikshank, City Manager Summary At the March 8, 2016 Council/Manager meeting, the proposed City Code amendments regarding Special Events were discussed. Council requested that staff proceed with the amendment changes. Currently, Section 8:11 of the City Code refers to Parades only. In adopting this Ordinance, the Section would be expanded to include all details of Special Events being held in the City. Staff has developed a policy for Special Events which includes the various types of Special Events bases on the level of City's participation and sets forth regulations and procedures required to hold or sponsor an event in the City. The first consideration of this ordinance was presented at the March 15, 2016, Council meeting. Since the first consideration, staff recommends the following changes to Subdivision 4. Requirements, Section A: Item 9. Duration of Event, to add consecutive before 7 days to accommodate the Market in the Park event which is held weekly throughout the summer and early fall. Item 11(a). Insurance requirements to be consistent with the language in the current Section 8:11 Parades, staff recommends adding to the general insurance requirements with a minimum combined single-limit coverage of$2,000,000 for any single occurrence. This language change is also recommended for the Special Event Policy. If Council adopts the ordinance on its second consideration, it will be effective upon publication. Attachments • Current City Code Section 8.11: Parades (4 pages) • Draft City Code Section 8.11: Special Events, with under-line-overstrike (6 pages) • Ordinance 594, Amending Chapter 8.11: Special Events (6 pages) • Summary of Ordinance 594 for Publication (1 page) • Resolution Adopting a New Special Event Policy (8 page) • Draft Special Event Permit Application (4 pages) Recommended Action Motion to adopt second consideration Ordinance#594, Amending Section 8.11: Special Events. Motion to approve Summary of Ordinance #594 for publication. Motion to adopt Resolution for a New Special Event Policy. § 8.11 Section 8.11: Parades Subdivision 1. Permit Required It is a misdemeanor to sponsor or participate in a parade or special event for which no permit has been obtained from the City. It is also a misdemeanor to obtain a parade or special event permit and not conduct the same in accordance with the permit granted by the City. Subdivision 2. Definitions A. Parade: means any movement of vehicles, persons or animals, or any combination thereof, which either moves together as a body so as to in some way impede or affect the free and unobstructed flow of vehicular or pedestrian traffic, or which moves so that some part thereof is in violation of one or more traffic laws or regulations, if such movement is without a permit hereunder. B. Special Event: is an activity sponsored by one or more organizations, individuals, or other entities, which uses City-owned land or public right-of- way for the gathering or movement of people and which either 1) is open to the general public or 2) is likely to impact vehicular or pedestrian traffic on public right-of-way by increasing its hourly flow by at least fifty percent (50%) or otherwise impeding the orderly flow of vehicular or pedestrian traffic. C. Parade Permit or Special Event Permit: shall mean the permit issued by the City after the applicant has met all applicable requirements and reviews set forth in this section. D. Applicant: shall mean any person or organization who seeks a special event or parade permit from the City to conduct or sponsor such an event. Subdivision 3. Exemptions The following are exempt from this section: A. A special event occurring at any regularly established place of worship, auditorium, or other permanently established place of assembly for special events within the City. B. Special events sponsored by or in partnership with the City. C. Special events conducted by and held on school property. D. Funeral processions. E. Block parties on a residential street that has an average daily traffic volume of less than one thousand (1000) vehicles per day. F. Groups required by law to be so assembled. Golden Valley City Code Page 1 of 4 § 8.11 Subdivision 4. Application. Application for a parade or special event permit shall be made to the Chief of Police at least sixty (60) days in advance of the date on which it is to occur accompanied by payment of the fee established by the City Council and shall contain all information required by the Chief of Police including, but not limited to, the following: A. The name, address and other contact information for the sponsoring organization and/or individuals involved. B. The route and/or property involved. C. If a parade, the length thereof. D. The estimated number of participants as well as spectators and/or vehicles involved. E. The time of commencement and termination of the parade or event. F. The anticipated number of people or vehicles or animals. G. The expected number of vehicles of attendees and parking provisions for the same. H. A detailed description of provisions to maintain public safety during the parade/event including, but not limited to, signage, barricades, trained personnel to provide for traffic and crowd control. I. If state, county or other governmental unit's rights-of-way are being used, the applicant shall provide copies of approvals from such other governmental bodies. J. A statement of the general purpose for holding the event. In its discretion the City may provide for traffic direction and control and assess such costs as necessary to the permitee. Subdivision S. Investigation The Chief of Police shall investigate the application. If the Chief finds that such parade or special event will not cause a hazard to persons or property, and will cause no great inconvenience to the public, and if the Chief is able to make arrangements for necessary direction and control of vehicular and pedestrian traffic, the Chief shall issue a permit for such parade or special event. The permit shall be conditioned on all items the Chief deems appropriate for public safety and welfare including, but not limited to, the items in Subdivision 7 of this Section. If the Chief finds that the parade or special event described in the application constitutes a hazard, a substantial inconvenience or if the Chief is unable to make adequate arrangements for direction or control of traffic, the Chief shall deny the permit and return to the applicant a statement of the denial and such findings. Golden Valley City Code Page 2 of 4 § 8.11 Subdivision 6. Appeal to Council Any denial of a permit may be appealed to the Council by delivering a written notice thereof to the City Clerk at least fourteen (14) days before a regularly scheduled council meeting at which such appeal may be heard. After considering the matter the Council may either 1) deny the permit or 2) grant the permit conditioned on any requirements it deems appropriate or necessary for public safety and welfare including changing the date, time, route or size of parade or event. The applicant shall have three (3) days thereafter within which to communicate acceptance thereof to the Chief of Police. Subdivision 7. Conditions City staff may require the following as conditions of the permit. A. Right-of-way permit B. Traffic management plan which may include any or all of the following: 1. Road closures 2. Alternate traffic routes and detours 3. Parking plan 4. Alternate access for adjacent property 5. Expected vehicle volumes for event and rerouted traffic 6. Traffic-Control Officer(s) 7. Duration and scheduling of event C. Public safety plan which may include: 1. Providing uniformed officers or trained security volunteers 2. Fire protection 3. Emergency medical services D. Sanitary facilities and potable water for the parade/event as determined by the City Manager or his/her designee. E. Site clean up and solid waste provisions including dumpster on-site. F. Notice to surrounding property owners which describes the nature of the event, identifies the name and telephone number of the permit applicant and the date and time of the event, together with a map of the route, describing all restrictions on traffic and parking on or crossing the event route. G. Public liability insurance for the duration of the permit in a suitable policy form with a minimum combined single limit of two million (2,000,000) dollars aggregate, for any occurrence, naming the City as an additional insured. H. An Irrevocable Letter of Credit, bond or cash retainer in an amount to be determined by the Chief of Police at least two hundred percent (200%) of the costs estimated for clean-up and repair of property damage. Subdivision S. Unlawful Acts A. It is unlawful for any person to hamper, obstruct, or impede or interfere with any parade, parade assembly or any person, animal or vehicle participating in the parade. Golden Valley City Code Page 3 of 4 § 8.11 B. It is unlawful for any person to drive a vehicle between the vehicles or persons comprising a parade when such parade is in motion. C. It is unlawful for any person to enter into a parade without prior authorization from the parade chairman. D. It is unlawful for any person or entity to participate in, organize, advertise, conduct, maintain, sell or furnish tickets for a special event in the City until a permit therefore has been obtained from the City. Subdivision 9. Additional Grounds for Denial or Revocation of a Permit In addition to the grounds for denial contained in Subdivision 4 above, the following are additional grounds for denial or revocation of a permit. A. The special event or parade is being conducted in violation of any of the terms and conditions of the permit, the provisions of this Section or any applicable laws, including, but not limited to noise regulations. B. The application for a permit contains any false or misleading statements. C. The special event or parade is of such a size or nature as to require the diversion of so great a number of law enforcement or fire department personnel as to deny reasonable law enforcement and fire services to the City as a whole. D. The time, size and nature of the parade or special event would unduly disrupt the safe and orderly use of any street or public place or material portion thereof, which is ordinarily subject to congestion or traffic at the proposed time or substantially interrupts the safe and orderly movement of traffic. E. Vehicles, temporary structures, sanitary facilities, tents, equipment or other materials used or to be used in the parade or special event fail to comply with all applicable health, fire or safety requirements. F. The parade or special event will interfere or conflict with another parade or special event for which an application has been previously filed or with a construction or public works project. G. More than two parade or special event permits have been issued in a twelve (12) month period for a particular event or parade or by any particular applicant. H. The applicant of a proposed special event or parade were previously permitted for a prior event under this Section and violated any term of this Section while operating under such permit. Golden Valley City Code Page 4 of 4 § 8.11 Section 8.11 Special Events Subdivision 1. Purpose and Intent The purpose of this Section is to promote the orderly, compatible, and safe use of property for temporary special events and to assure adequate provision of parking, sanitary facilities, utilities, and safety services. Special events are further defined and regulated in the Golden Valley Special Events policy. Subdivision 2. Definitions A. Applicant means any individual or organization who seeks __�,,§, pecial Events Permit from the City to conduct or sponsor a Special Event. "di OR R B. Special Event Permit means a permit issued by theypty after the Applicant has met all applicable requirements and reviews set �h i' his Section. C. Outdoors means activity conducted outside of,,' manentiy' P%losed structure �v\� or building. �,��� sh D. Special Event means any temporary even, sponsored by or organiz ��yone or more organizations, entities, or individ�a� �' ith the;event held or to\10 held in full or in part: \ „` Q 1. outdoors on City-owned land, or a public righti ;of-way intended for the gathering or movement of people or vehicles,��td the event is open to the general public X QE R 2. outdoors on City-owned land, a,pdblright-of-way itended for the gathering or movement of people or vehi s, or priva� ly owned land, and the event is likely to impact vehicular or pedtriar� traffi a ,tpublic right-of-way by increasing its ho y,;flow by at le st,fifty percO (50%) or otherwise impede the orderly, gr'n st'dkted, or free f w of vehicular or pedestrian traffic on any such right o =way E. This Special Event Sectior ,�hall not appy the following: �� At V 1. any, er�anent p o worip, stadium, athletic field, arena, theatre, audr u;r , ter faire; riducted pursuant to Minn. Stats. Chapter 38 2 Special Events or activiti'V -mitted or licensed by state law or ordinances of City, other thin this $\tion, including publicly-sponsored activities in the al or regional rk sys�t?m 3. fa m,ly,\j, atherings; including family reunions, graduation parties, baptisms, confer,ations, weddings, and the like 4. non-City wide garage sales 5. non-recurrjn'g auctions 6. National Night to Unite Events established through the Golden Valley Police Department 7. funeral processions 8. activities conducted by a governmental agency acting within the scope of its authority 9. residential neighborhood block parties Golden Valley City Code Page 1 of 6 § 8.11 Subdivision 3. Permit Required No person shall conduct or allow to be conducted any Special Event as defined in this Section without first obtaining a Special Events Permit. Subdivision 4. Requirements for Issuance of a Permit A. The following standards shall apply to all Special Events: 1. Maximum Number of People. The Applicant shall not sell tickets to nor allow attendance at the permit location of more than the maximum number of people stated in the Special Event Permit. 2. Sound Equipment. Sound producing equipment, including but not limited to public address systems, radios, phonographs, musical instruments, and other recording devices, shall not be operated at the permit location so as to be unreasonably loud or be a nuisance or disturbance to the peace and tranquility of city residents. 3. Sanitary Facilities. In accordance with Minnesota State Board of Health regulations and standards and local specifications, adequate sanitary facilities must be provided that are sufficient to accommodate the projected number of persons expected to attend the event. Potable water supply. Potable water, meeting all federal and state requirements for sanitary quality and sufficient to provide drinking water for the maximum number of people allowed at the Special Event, shall be provided. 4. Security. The Applicant shall employ at their own expense such security personnel as are necessary and sufficient to provide for the adequate security and protection of the maximum number of persons in attendance at the Special Event and for the preservation of order and protection of property in and around the event site. No permit shall be issued unless the City Chief of Police is satisfied that such necessary and sufficient security personnel will be provided by the Applicant for the duration of the event. 5. Solid Waste Disposal. A sanitary method of disposing of solid wastes, in compliance with state and local laws and regulations, shall be provided and shall be sufficient to dispose of the solid waste production anticipated for the maximum number of people allowed by the permit. Plans shall include a provision for holding and collecting all such waste at least once each day, sufficient trash containers, and sufficient personnel to perform such tasks. 6. Parking and Traffic Control. A parking and traffic control plan for the number of persons projected to attend the event must be submitted. Such plan must be sufficient to ensure a free flow of traffic and make available rapid access for emergency vehicles. Further, the Applicant shall provide adequate off-street parking facilities on the site or within one thousand five hundred (1,500) feet thereof to accommodate the projected number of persons expected to attend the event. When adequate off-street parking facilities are not available within on thousand five hundred (1,500) feet, an alternate plan to bus attendees from a remote location may be considered. 7. Mobile Food Vending. The Applicant shall obtain a Minnesota Department of Health food license and the applicable permit required under Chapter 11 of the City Code, and shall comply at all times with the applicable health codes and regulation. Proof of license and permit shall be provided to the City Clerk at least seven (7) days before the event and kept on site for immediate inspection. Golden Valley City Code Page 2 of 6 § 8.11 8. Fire protection. The Applicant shall, at his own expense, take adequate steps to insure fire protection as determined by the Golden Valley Fire Department. 9. Duration of Special Event. The Applicant shall operate the Special Event only on those days and during the hours specified on the permit, which shall not be for more than seven (7) consecutive days, subject to any other limits imposed by other sections of the Code or state law. 10. Cleanup Plan. The Applicant shall, at no cost to the City, immediately clean up, remove, and dispose of all litter or materials of any kind that is placed or left on the premise because of the event. If the Applicant neglects or fails to proceed with cleanup within a two-hour period immediately following the end of the event, or if the cleanup is done in an inadequate manner, the City Manager or his/her designee is authorized to clean-up and charge the applicant for cleanup. 11. Insurance. Before the issuance of a permit, the Applicant shall provide the City with a Certificate of Liability Insurance showing proof of general liability insurance and liquor liability insurance acceptable to the City. a. Applicant shall procure and maintain for the duration of the event commercial general liability insurance or equal special event coverages protecting it from claims for damages for bodily injury and property damage that may arise from or in connection with the event's operation and use of the City's property as required by State Statute with a minimum combined single-limit coverage of $2,000,000 for any single occurrence. b. If alcohol will be sold or served, the Applicant must have liquor (dram shop) insurance as requested per in the minimum of $1,000,000 per occurrence, along with the applicable license(s) required under the Code and state law. c. The City shall be endorsed as an additional insured on all liability policies. Applicant's insurance shall be primary. d. The City reserves the right to modify these insurance requirements depending on the nature and scope of the event. 12. Claims. The Applicant shall agree to defend and hold the City harmless from claims, demands, actions or causes of actions, of any nature of character, arising out of, or by reason of conduct of an event authorized by a Special Event Permit, including attorney fees and all expenses. 13. Damages: The Applicant will indemnify the City for damages that may result to City property as a result of a Special Event. 14. Waiver. The City Manager or his/her designee may grant a waiver from the requirements of this Section in any particular case where the Applicant can show that strict compliance with this Section would cause exceptional and undue hardship by reason of the nature of the Special Event or by reason of the fact that the circumstances make the requirement of this Section unnecessary. Such waiver must be granted without detriment to the public health, safety, or welfare and without impairing the intent and purpose of the provisions of this Section. 15. Additional Requirement. The City Manager or his/her designee may place any other conditions reasonably calculated to protect the health, safety, and welfare of persons attending the event or City residents. Golden Valley City Code Page 3 of 6 § 8.11 Subdivision 5. Application Procedures. A written application for a Special Event Permit shall be filed with the City Clerk not less than forty-five (45) days before the first date of the proposed Special Event. The application shall be signed by the person, persons, or parties conducting the event and shall be accompanied by the fee payable hereunder. A. The submitted application shall include the following: 1. the names, addresses, and other contact information for the person or persons responsible for conducting the event 2. date(s) of proposed Special Event 3. type and description of the Special Event and a list of all activities to take place at the Special Event w 4. address of proposed Special Event 00�o AA: 5. name of property owner at the permit location, f different from Applicant 6. a statement of the locations where the Applicant has promoted, operated, or conducted similar events within the last five (5) years 7. duration of the Special Event, total number of days and/or hours during which the Special Event is to be held 8. estimated number of persons to attend 9. any public health plans, including supplying water to the site, solid waste collection, and provision of sanitary facilities, if applicable 10. any fire prevention and emergency medical services plans, if applicable 11. any security plans, if applicable 12. whether food or alcohol will be served at the event 13. a detailed description of all public rights-of-way and private streets for which the Applicant requests the City to restrict or alter normal parking, vehicular traffic, or pedestrian traffic patterns, the nature of restrictions or alterations, and the basis 14. a description of any services, City personnel, City equipment, and City property the Applicant requests the City to provide, including the Applicant's estimated number and type needed, and the basis on which the estimate is made 15. whether any sound amplification or public address system will be used or if there will be any playing of any music or musical instruments 16. applicant signature and property owner's signature, if different from Applicant 17. any other information requested by the City, acting through its City Manager or his/her designee, deemed reasonably necessary in order to determine the nature of the Special Event and the extent of any services necessitated by the event Subdivision 6. Fees, Charges and Promotion Golden Valley City Code Page 4 of 6 § 8.11 A. The fee for a Special Events Permit shall be established by the City Council. B. The City shall also require the payment to the City of other charges for the recovery of City costs related to the Special Event, which may include the hourly cost for any employees working on a Special Event as established by the City Council and equipment charges for the use of City equipment, at usage rates as established by the City Council. C. In accordance with a written policy applying to Special Events, the City may sponsor, participate in, or otherwise support a Special Event, including through the waiving of fees and/or waiving the recovery of City costs, provided the City Manager or his/her designee determines all of the following conditions are satisfied with respect to the Special Event. The Special Event must: 1. be an activity that will serve as a benefit to the community as a whole and which, at the same time, is directly related to the functions of government, 2. be a community-wide event; 3. be free and open to the public; 4. be non-political; 5. have a secular purpose; 6. not be a for profit event and does not pay for event staff time; 7. enhance community pride and positive image, as determined by the City; 8. generate a positive economic impact for the City, as determined by the City; 9. generate positive media exposure and visibility for the City, as determined by the City; and 10. be considered one that would otherwise be provided by the City (fee for service). In connection with any request for City sponsorship of, participation in, or support of a Special Event, the Applicant shall provide the City financial information regarding the Applicant and the Special Event, as the City may request. D. Any promotion of a Special Event by the City, including through the City reader board, City web page, City publications, or by Proclamation, shall be in accordance with the City's policies regarding those matters. Subdivision 7. Granting a Permit The City Manager or his/her designee will review and determine whether or not a request for a Special Event and/or street closing satisfies all the conditions of this Section and other applicable sections of the Code. In the event the City determines the Special Event does not meet these criteria, the application shall be denied. Subdivision 8. Denial of Permit Without limiting any of the other provisions in this Section, the City shall have the right to deny the permit if, in the judgment of the City Manager or his/her designee, granting of a permit would adversely affect the safety, health, and welfare of the citizens of Golden Valley. Such denial may also be based upon the following circumstances: A. The event would unreasonably inconvenience the general public. Golden Valley City Code Page 5 of 6 § 8.11 B. The event would unreasonably infringe upon the rights of abutting properties. C. The event would conflict with another proximate event or interfere with construction or maintenance work. D. There are not sufficient safety personnel or other necessary staff to accommodate the event. E. The event affects other issues in the public interest as identified by the City. Subdivision 9. Enforcement and Penalties A. The Police Department and other such officers, employees, or agents as the City Manager or his/her designee, shall enforce the provisions of this Section. B. The holding of a Special Event in violation of any provision of this Section shall be deemed a public nuisance and may be abated as s� h. C. Any person violating any provision of this Section is guilty of a misdemeanor and upon conviction shall be subject to the penalties set forth in Minnesota Statutes. Subdivision 10. Revocation of Permit The permit for a Special Event may be revoked by the City at any time if any of the conditions necessary for the issuing of or contained in the Special Event Permit are not complied with or if any of the provisions of this Section are violated. Subdivision 11. Termination of Permit An Applicant granted a permit under this Section may elect to terminate the permit at will by giving written notice to the City Clerk at least 14 days prior to the first day of the event. If less than 14 days written notice is given to terminate a permitted event that involved the City undertaking contracted work in connection with the event, the Applicant shall pay the City for a two-hour minimum charge for the relevant staff time, and the Applicant shall compensate the City for any contractual expenses incurred and losses suffered by the City as a result of the termination, subject to Subdivision 6(D) above regarding the City's support of a Special Event. The City Manager or his/her designee has the authority to cancel or stop an event if it is deemed that the public health, safety, or welfare would be better served with additional restrictions. No Special Event Permit may be transferred to another person or location without the prior written consent of the City Manager or his/her designee. Golden Valley City Code Page 6 of 6 ORDINANCE NO. 594, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Amending Chapter 8: Traffic Regulations regarding Special Events The City Council for the City of Golden Valley hereby ordains as follows: Section 1. City Code Section 8.11: Parades is hereby deleted in its entirety and replaced with the following: Section 8.11 Special Events Subdivision 1. Purpose and Intent The purpose of this Section is to promote the orderly, compatible, and safe use of property for temporary special events and to assure adequate provision of parking, sanitary facilities, utilities, and safety services. Special events are further defined and regulated in the Golden Valley Special Events policy. Subdivision 2. Definitions A. Applicant means any individual or organization who seeks a Special Events Permit from the City to conduct or sponsor a Special Event. B. Special Event Permit means a permit issued by the City after the Applicant has met all applicable requirements and reviews set forth in this Section. C. Outdoors means activity conducted outside of a permanent, enclosed structure or building. D. Special Event means any temporary event, sponsored by or organized by one or more organizations, entities, or individuals, with the event held or to be held in full or in part: 1 . outdoors on City-owned land, or a public right-of-way intended for the gathering or movement of people or vehicles, and the event is open to the general public 2. outdoors on City-owned land, a public right-of-way intended for the gathering or movement of people or vehicles, or privately-owned land, and the event is likely to impact vehicular or pedestrian traffic on a public right-of-way by increasing its hourly flow by at least fifty percent (50%) or otherwise impede the orderly, unobstructed, or free flow of vehicular or pedestrian traffic on any such right-of- way E. This Special Event Section shall not apply to the following- 1. ollowing:1. any permanent place of worship, stadium, athletic field, arena, theatre, auditorium, or fairs conducted pursuant to Minn. Stats. Chapter 38 2. Special Events or activities permitted or licensed by state law or ordinances of the City, other than this Section, including publicly-sponsored activities in the local or regional park system 3. family gatherings, including family reunions, graduation parties, baptisms, confirmations, weddings, and the like 4. non-City wide garage sales 5. non-recurring auctions Ordinance No. 594 -2- April 5, 2016 6. National Night to Unite Events established through the Golden Valley Police Department 7. funeral processions 8. activities conducted by a governmental agency acting within the scope of its authority 9. residential neighborhood block parties Subdivision 3. Permit Required No person shall conduct or allow to be conducted any Special Event as defined in this Section without first obtaining a Special Events Permit. Subdivision 4. Requirements for Issuance of a Permit A. The following standards shall apply to all Special Events: 1. Maximum Number of People. The Applicant shall not sell tickets to nor allow attendance at the permit location of more than the maximum number of people stated in the Special Event Permit. 2. Sound Equipment. Sound producing equipment, including but not limited to public address systems, radios, phonographs, musical instruments, and other recording devices, shall not be operated at the permit location so as to be unreasonably loud or be a nuisance or disturbance to the peace and tranquility of city residents. 3. Sanitary Facilities. In accordance with Minnesota State Board of Health regulations and standards and local specifications, adequate sanitary facilities must be provided that are sufficient to accommodate the projected number of persons expected to attend the event. Potable water supply. Potable water, meeting all federal and state requirements for sanitary quality and sufficient to provide drinking water for the maximum number of people allowed at the Special Event, shall be provided. 4. Security. The Applicant shall employ at their own expense such security personnel as are necessary and sufficient to provide for the adequate security and protection of the maximum number of persons in attendance at the Special Event and for the preservation of order and protection of property in and around the event site. No permit shall be issued unless the City Chief of Police is satisfied that such necessary and sufficient security personnel will be provided by the Applicant for the duration of the event. 5. Solid Waste Disposal. A sanitary method of disposing of solid wastes, in compliance with state and local laws and regulations, shall be provided and shall be sufficient to dispose of the solid waste production anticipated for the maximum number of people allowed by the permit. Plans shall include a provision for holding and collecting all such waste at least once each day, sufficient trash containers, and sufficient personnel to perform such tasks. 6. Parking and Traffic Control. A parking and traffic control plan for the number of persons projected to attend the event must be submitted. Such plan must be sufficient to ensure a free flow of traffic and make available rapid access for emergency vehicles. Further, the Applicant shall provide adequate off-street parking facilities on the site or within one thousand five hundred (1,500) feet thereof to accommodate the projected number of persons expected to attend the event. When adequate off-street parking facilities are not available within on Ordinance No. 594 -3- April 5, 2016 thousand five hundred (1,500) feet, an alternate plan to bus attendees from a remote location may be considered. 7. Mobile Food Vending. The Applicant shall obtain a Minnesota Department of Health food license and the applicable permit required under Chapter 11 of the City Code, and shall comply at all times with the applicable health codes and regulation. Proof of license and permit shall be provided to the City Clerk at least seven (7) days before the event and kept on site for immediate inspection. 8. Fire protection. The Applicant shall, at his own expense, take adequate steps to insure fire protection as determined by the Golden Valley Fire Department. 9. Duration of Special Event. The Applicant shall operate the Special Event only on those days and during the hours specified on the permit, which shall not be for more than seven (7) consecutive days, subject to any other limits imposed by other sections of the Code or state law. 10. Cleanup Plan. The Applicant shall, at no cost to the City, immediately clean up, remove, and dispose of all litter or materials of any kind that is placed or left on the premise because of the event. If the Applicant neglects or fails to proceed with cleanup within a two-hour period immediately following the end of the event, or if the cleanup is done in an inadequate manner, the City Manager or his/her designee is authorized to clean-up and charge the applicant for cleanup. 11. Insurance. Before the issuance of a permit, the Applicant shall provide the City with a Certificate of Liability Insurance showing proof of general liability insurance and liquor liability insurance acceptable to the City. a. Applicant shall procure and maintain for the duration of the event commercial general liability insurance or equal special event coverages protecting it from claims for damages for bodily injury and property damage that may arise from or in connection with the event's operation and use of the City's property as required by State St-atute with a minimum combined single-limit coverage of$2,000,000 for any single occurrence. b. If alcohol will be sold or served, the Applicant must have liquor (dram shop) insurance as requested per in the minimum of $1 ,000,000 per occurrence, along with the applicable license(s) required under the Code and state law. c. The City shall be endorsed as an additional insured on all liability policies. Applicant's insurance shall be primary. d. The City reserves the right to modify these insurance requirements depending on the nature and scope of the event. 12. Claims. The Applicant shall agree to defend and hold the City harmless from claims, demands, actions or causes of actions, of any nature of character, arising out of, or by reason of conduct of an event authorized by a Special Event Permit, including attorney fees and all expenses. 13. Damages: The Applicant will indemnify the City for damages that may result to City property as a result of a Special Event. 14. Waiver. The City Manager or his/her designee may grant a waiver from the requirements of this Section in any particular case where the Applicant can show that strict compliance with this Section would cause exceptional and undue hardship by reason of the nature of the Special Event or by reason of the fact that the circumstances make the requirement of this Section unnecessary. Such Ordinance No. 594 -4- April 5, 2016 waiver must be granted without detriment to the public health, safety, or welfare and without impairing the intent and purpose of the provisions of this Section. 15. Additional Requirement. The City Manager or his/her designee may place any other conditions reasonably calculated to protect the health, safety, and welfare of persons attending the event or City residents. Subdivision 5. Application Procedures. A written application for a Special Event Permit shall be filed with the City Clerk not less than forty-five (45) days before the first date of the proposed Special Event. The application shall be signed by the person, persons, or parties conducting the event and shall be accompanied by the fee payable hereunder. A. The submitted application shall include the following: 1. the names, addresses, and other contact information for the person or persons responsible for conducting the event 2. date(s) of proposed Special Event 3. type and description of the Special Event and a list of all activities to take place at the Special Event 4. address of proposed Special Event 5. name of property owner at the permit location, if different from Applicant 6. a statement of the locations where the Applicant has promoted, operated, or conducted similar events within the last five (5) years 7. duration of the Special Event, total number of days and/or hours during which the Special Event is to be held 8. estimated number of persons to attend 9. any public health plans, including supplying water to the site, solid waste collection, and provision of sanitary facilities, if applicable 10. any fire prevention and emergency medical services plans, if applicable 11. any security plans, if applicable 12. whether food or alcohol will be served at the event 13. a detailed description of all public rights-of-way and private streets for which the Applicant requests the City to restrict or alter normal parking, vehicular traffic, or pedestrian traffic patterns, the nature of restrictions or alterations, and the basis 14. a description of any services, City personnel, City equipment, and City property the Applicant requests the City to provide, including the Applicant's estimated number and type needed, and the basis on which the estimate is made 15. whether any sound amplification or public address system will be used or if there will be any playing of any music or musical instruments 16. applicant signature and property owner's signature, if different from Applicant 17. any other information requested by the City, acting through its City Manager or his/her designee, deemed reasonably necessary in order to determine the nature of the Special Event and the extent of any services necessitated by the event Ordinance No. 594 -5- April 5, 2016 Subdivision 6. Fees, Charges and Promotion A. The fee for a Special Events Permit shall be established by the City Council. B. The City shall also require the payment to the City of other charges for the recovery of City costs related to the Special Event, which may include the hourly cost for any employees working on a Special Event as established by the City Council and equipment charges for the use of City equipment, at usage rates as established by the City Council. C. In accordance with a written policy applying to Special Events, the City may sponsor, participate in, or otherwise support a Special Event, including through the waiving of fees and/or waiving the recovery of City costs, provided the City Manager or his/her designee determines all of the following conditions are satisfied with respect to the Special Event. The Special Event must: 1. be an activity that will serve as a benefit to the community as a whole and which, at the same time, is directly related to the functions of government; 2. be a community-wide event; 3. be free and open to the public; 4. be non-political; 5. have a secular purpose; 6. not be a for profit event and does not pay for event staff time; 7. enhance community pride and positive image, as determined by the City; 8. generate a positive economic impact for the City, as determined by the City; 9. generate positive media exposure and visibility for the City, as determined by the City; and 10. be considered one that would otherwise be provided by the City (fee for service). In connection with any request for City sponsorship of, participation in, or support of a Special Event, the Applicant shall provide the City financial information regarding the Applicant and the Special Event, as the City may request. D. Any promotion of a Special Event by the City, including through the City reader board, City web page, City publications, or by Proclamation, shall be in accordance with the City's policies regarding those matters. Subdivision 7. Granting a Permit The City Manager or his/her designee will review and determine whether or not a request for a Special Event and/or street closing satisfies all the conditions of this Section and other applicable sections of the Code. In the event the City determines the Special Event does not meet these criteria, the application shall be denied. Subdivision 8. Denial of Permit Without limiting any of the other provisions in this Section, the City shall have the right to deny the permit if, in the judgment of the City Manager or his/her designee, granting of a permit would adversely affect the safety, health, and welfare of the citizens of Golden Valley. Such denial may also be based upon the following circumstances: A. The event would unreasonably inconvenience the general public. Ordinance No. 594 -6- April 5, 2016 B. The event would unreasonably infringe upon the rights of abutting properties. C. The event would conflict with another proximate event or interfere with construction or maintenance work. D. There are not sufficient safety personnel or other necessary staff to accommodate the event. E. The event affects other issues in the public interest as identified by the City. Subdivision 9. Enforcement and Penalties A. The Police Department and other such officers, employees, or agents as the City Manager or his/her designee, shall enforce the provisions of this Section. B. The holding of a Special Event in violation of any provision of this Section shall be deemed a public nuisance and may be abated as such. C. Any person violating any provision of this Section is guilty of a misdemeanor and upon conviction shall be subject to the penalties set forth in Minnesota Statutes. Subdivision 10. Revocation of Permit The permit for a Special Event may be revoked by the City at any time if any of the conditions necessary for the issuing of or contained in the Special Event Permit are not complied with or if any of the provisions of this Section are violated. Subdivision 11. Termination of Permit An Applicant granted a permit under this Section may elect to terminate the permit at will by giving written notice to the City Clerk at least 14 days prior to the first day of the event. If less than 14 days written notice is given to terminate a permitted event that involved the City undertaking contracted work in connection with the event, the Applicant shall pay the City for a two-hour minimum charge for the relevant staff time, and the Applicant shall compensate the City for any contractual expenses incurred and losses suffered by the City as a result of the termination, subject to Subdivision 6(D) above regarding the City's support of a Special Event. The City Manager or his/her designee has the authority to cancel or stop an event if it is deemed that the public health, safety, or welfare would be better served with additional restrictions. No Special Event Permit may be transferred to another person or location without the prior written consent of the City Manager or his/her designee. Section 2. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 8.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 3. This Ordinance shall take effect from and after its passage and publication as required by law. Adopted by the City Council this 5th day of April, 2016. /s/Shepard M. Harris Shepard M. Harris, Mayor ATTEST: /s/Kristine A. Luedke Kristine A. Luedke, City Clerk SUMMARY OF ORDINANCE NO. 594, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Amending Chapter 8: Traffic Regulations regarding Special Events 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 8 Section 8.11: Parades by deleting it in its entirety and replacing it with Section 8.11 Special Events. This Section provides for the orderly, compatible, and safe use of property for temporary special events and to assure adequate provision of parking, sanitary facilities, utilities, and safety services. Special Events are further defined and regulated in the Golden Valley Special Events Policy. The ordinance shall take effect upon publication. NOTICE: the foregoing is only a summary of the ordinance. A printed copy of the full text of the ordinance is available for inspection during regular office hours at the office of the City Clerk. Adopted by the City Council this 5th day of April, 2016. /s/Shepard M. Harris Shepard M. Harris, Mayor ATTEST: /s/Kristine A. Luedke Kristine A. Luedke, City Clerk Resolution 16-22 April 5, 2016 Member introduced the following resolution and moved its adoption: RESOLUTION ADOPTING A NEW SPECIAL EVENT POLICY WHEREAS, the City Council established a policy for Special Events; and WHEREAS, the Special Event Policy will categorize the various types of Special Events based on the level of City's participation; and WHEREAS, the Special Event Policy will set forth regulations and procedures required to hold or sponsor a Special Event in the City of Golden Valley that follow City Code 8.31; and NOW THEREFORE BE IT RESOLVED, that the City Council for the City of Golden Valley adopts the new Special Event Policy attached hereto as Exhibit A. 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. SPECIAL EVENTS POLICY I. General Policy Statement & Objective The purpose of this policy is to set forth procedures to be followed by organizers of a Special Event who wish to use City property and/or require City services. organization wishing to sponsor or hold a Special Event in Golden Valley will be require c lete the Special Event Permit Application. The City will conduct a complete review o Special Event Permit Application and inform the Applicant if the event is allowed What constitutes a Special Event is defined in City Code Section 8.11 and is generally any temporary event open to the public and held on public property,or a temporary event held on private property that has an impact on the regular flow of traffic. Special Events may include anN- parade race, carnival, community picnic, celebration, fundraiser, dance,cort, or large assembly. II. Types of Special Events The purpose of this section is to cateorize the various types of Special Events based on the level of the City's participation in the event a rovide a guideline for justly determining the City's participation level with a Special Event. 1. City-Hosted: A Special Event orga d an conducted by the City and largely funded by the City. : 2. Ci ,-CooperatiN-c: A Special Event organized and conducted by a tax exempt non-profit organization under Section 501(c) (3) through (10) of the Internal Revenue Code that the City has elected to support through appropriation o\funds within the City's budget. This is typically an annual recurring event. This is an event that the City has determined is of general est to the public and advances the City's public image. The City provides in-kind and/or ancial support to this e,,-cnt as determined in the annual budget appropriation,which may take the form of cash contributions for services or contributed City services to facilitate the vent activities. This cvent roust meet the other requirements of the Special Event cy/Ordinance and must reimburse the City for any City costs in excess of the support Ile thorized bN, the budget appropriation. 3. Ci -Su `F.ted:A Special Event organized and conducted by a tax exempt non-profit organizan Winder Section 501 (c) (3) through (10) of the Internal Revenue Code that is approved fo dill or partial waiver of cost recovery due to identifiable community benefits. The City in provide financial support to this event by waiving cost recovery. In effect, such an event is assisted by contributed City services to facilitate the event activities.This event must meet the other requirements of the Special Event Policy/Ordinance and must reimburse the City for any City costs in excess of the support authorized by the waiver. *For the City-Hosted, City-Cooperative,and City-Supported events, there will be no charge to the City to participate,including Boards and Commissions. Page 1 of 7 04/16 Golden Valley Special Event Policy 4. Any Other Event.A Special Event organized and conducted by a tax-exempt non-profit organization, a for-profit organization, or individuals must meet the requirements of the Special Event Policy/Ordinance and must reimburse the City for any City costs. III. City Participation in Special Events The City Manager has the authority to determine,with Council consultation,which events the City may provide financial,material,labor, or other support to.Any change in the current level of support to an existing event is subject to such approval by the City Manager.Any support given to any event by the City is subject to change by the City at any time. a \��\ r, . Page 2 of 7 04/16 Special Event List City- Hosted Special Events City special events are those planned, hosted, and financed by the City of Golden Valley, some of which are: • Winter Family Festival • Run the Valley Race and Walk • Police and Fire in the Park • Golden Valley Fire Relief Association Street Dance • Ice Cream Social • Golden Valley Golf Classic • Minnesota Night To Unite • Public Safety Open House for Families with Special Needs City Cooperative Special Events Cooperative special events are those planned,hosted, and financcdb t e City o en Valley in cooperation with other public organizations, some of which arc: • West Metro Home Remodeling Fair ` • Caring Youth Recognition � • Bike Rodeo • Lilac Project Planting Day City- Special Eve City-supported special events planned,hosted, a fina organizati or groups that receive in-kind City services in exchange for acknowledgement o 'ty su t nt holders are: • Market In the Valley • Golden Valley Arts & i\lusic Festival • Recognized State and Regional�*outh Athletic ents Sponsored by the Golden Valley Youth Athletic Associati011s IT Page 3 of 7 04/16 Golden Valley Special Event Policy IV. Fees 1. The non-refundable Special Event Permit fee is $25. 2. Hourly Rate shall be the hourly cost for any employee working on a Special Event as established by the City Council. These rates are reviewed/adjusted annually (see Exhibit A). The Hourly Rate shall include expenses related to the employee,including fringe benefits. 3. Equipment Charges shall be the current equipment usage rates as established by the City Council. 4. A Replacement Cost will be billed for missing and/or damaged e uipment and supplies. V. Billings for Special Events 1. Special Event billing by the City shall be itemized by employee time (ie,Physical Development,Police and Fire), equipment charges, and any replacement costs for missing or damaged equipment/supplies. ikk 2. If approved,event sponsors who have previously hosted the same eve " e year prior AND paid their bill in a timely manner will be extended the courtesy of p ity fees after their event is completed and billed forte current rear. N 3. If approved,new events or events that are repeating annually- and did NOT pay their bill in a timely manner must submit ei her a cash deposit or a check with payment of 75% of estimated expenses to be used a osit to be credited against final payment. Deposit fees must be paid not less than 30 day e newly scheduled event. VI. Regulations and Procedures 1. Any person or organization wishing to sor a Spe vent must obtain a Special Event Permit not less than 45 days before the ent. 2. Applications for a Special Fvent Permit will,be vailable on the City's website or in the City clerk's office,and if approved, shall be'' e a part of the permit. Incomplete applications will be returned. 3. The nol1-refundable permit fee shall accompany the application. 4. When applicable, an went map outlimng the event may be required. 5. The cash deposit will be calculated based on the anticipated and potential cost to the City of Golden Valley and shall be submitted no less than 30 days before the Special Event Permit. 6. The Special Event shall operate only on those days and during the hours specified in the permit and`Mall not exceed 7 consecutive days. 7. Issuance of a Special Event Permit does not constitute a waiver of any Federal, State or City ordinances.Applicants are responsible for complying with all applicable Federal, State, and City ordinances. 8. Issuance of a Special Event Permit does not,in any way,imply City sponsorship of the Special Event. 9. Maximum Number of People:Applicant shall not sell tickets to nor permit attendance of more than the maximum number of people stated in permit. Page 4 of 7 04/16 Golden Valley Special Event Policy 10. Parking and Traffic Plan: Applicant shall submit a parking and traffic plan for the number of person projected to attend the event,which must include adequate off-street parking facilities on site or within 1,500 feet of the site. Applicant is required to pay all costs for traffic control measure and traffic control personnel. When adequate off-street parking facilities are not available,an alternate plan to bus attendees from a remote location may be considered. This plan should contain details on remote parking location(s),parking approvals, bus routes and schedules, traffic control measures, and remote site security details. 11. Traffic Barricades:Applicant shall through a bona fide contractor provide,install, and remove all the equipment as stipulated by the City Manager or his/her designee. The installation and removal of barricades by the Physical Development Departmen ubject to the Hourly Rates listed in Exhibit A. 12. Insurance:Applicant shall provide the City with a Certificate of Liability Insurance showing proof of general liability insurance and liquor liability- insurance (if applicable) meeting the following minimum requirements: • Applicant shall procure and maintain for the duration of the Special I vent commercial general liability insurance or equal special event cover es protecting it from claims for damages for bodily injury and propertyodainage which arise from or in connection with the event's operation and use of the City's property fts. by State 91#tute with a minimum combined single-limit coverage of$2,000,000 for any single occurrence. • If alcohol will be sold or served, .\pplicant must have liquor liability (dram shop) insurance in the minimum amount of$1,0110,000 per occurrence, along with the applicable state and City licenses. • The City shall be endorsed as an additional insured on all liability policies. Applicant's insurance shall bttprimary. K • The City reserves the right to modify these insurance requirements depending on the nature and scope of the event. 13. Security:Applicant sliall employ at their oxvn expense such security personnel necessary to protect maximum number of persons in attendance and to preserve order in and around event site. No permit shall be issued unless the City police chief is satisfied with the security plan. Security provided br the Cit'y�will be billed at the Hourly Rate outlined in Exhibit A. 14. Sanitary Facilities-and Potable Water Supply: Applicant shall provide adequate sanitary facilities and potable dater supply as in accordance with all federal and state requirements. 15. Solid Waste Deposal �pphcant shall provide a method of disposing of solid wastes in compliance with state and local laws and regulations. 16. Mobile Food Vending: Applicant shall obtain a Minnesota Department of Health Food License and the applicable mobile food vending permit required under the City Code,and shall comply at all times with the applicable health codes and regulation. Proof of license and permit shall be provided to the City clerk at least seven days before the event and kept on site for immediate inspection. 17. Cleanup:Applicant shall, at no cost to the City,immediately clean up,remove, and dispose of all litter or materials of any kind that is placed or left on the premise because of the event. If the Applicant neglects or fails to proceed with cleanup within a two-hour period immediately following the end of the event, or if the cleanup is done in an inadequate manner, the City Manager or his/her designee is authorized to clean up and charge Applicant for cleanup at the Hourly Rate shown in Exhibit A. Page 5 of 7 04/16 Golden Valley Special Event Policy 18. Notice to Property Owners:Applicant may be required to provide a 30-day notice to surrounding property owners about an upcoming Special Event. 19. Claims: Applicant agrees to defend and hold the City harmless from claims, demands, actions, or causes of actions, of any nature of character,arising out of, or by reason of conducting an event authorized by a Special Event Permit. 20. Damages:Applicant will indemnify the City for all damages that may result to City property as a result of a Special Event. 21. Additional Requirements: The City Manager or his/her designee may place any additional conditions reasonably calculated to protect the health, safety, and elfare of persons attending the event or City residents.These requirements may include spccif taff levels for Police, Fire, Physical Development, or other personnel. Expense will be bille to the Applicant under the terms of this policy. 22. Termination: An Applicant may elect to terminate a Special Event'permit by giving written notice to the City clerk at least 14 days before the first day of the event. If less than 14 days written notice is given to terminate a permitted event that involved the Cite undertaking contracted work, the Applicant shall pay the City for a two-hour miniunum charge for the relevant staff time, and the Applicant shall coinpensate the City for any contractual expenses incurred and losses suffered by the City as a result of the termination. The City Manager or his/her designee has the authority to cancel or stop an event if it is deemed that the public health, safety, or welfare would be better served -\vith additional restrictions.No Special Event Permit maybe transferred to another person or locaticm without the prior written consent of the City Manager or his/her des e. VT Page 6 of 7 04/16 Golden Valley Special Event Policy EXHIBIT A SPECIAL EVENT FEE SCHEDULE FOR SERVICES (The fee schedule may be reviewed and updated annually by the City) Public Works Personnel Cost per Hour (Minimum 2.5 hours per employee call-in • General Laborer $ 60 Police Department personnel Cost per Hour (Minimum 2 hours per employee call-in) Non-Refundable Application Fee: $ 25 • Police Officer $ 70 with car $100 v �� • Community Service Officer $ 35 with car $ 50 • Reserve Officer with car $ 25 Fire Department Personnel C hour • Firefighter $ 35 Vehicles Cost er • Pick-Up Truck $ 45 ML • Utility Truck ksloo • Garbage Truck • Dump Truck $12 • Bucket Truck 1 • Fire T w0 IF • Aeri 'ruck M 0 s Q, Page 7 of 7 04/16 City Clerk 1 7800 Golden Valley Road,Golden Valley,MN 55427-4588 city 0 763-593-8012 1 TTY.763-593-3968 1 www.goidenvalleymn.gov I kluedke@goldenvalleymn.gov olden O valley Special Event Permit Application Complete this application in accordance with the City of Golden Valley Special Event Policy and return it to the City clerk's office at least 45 days before the starting date of the event.Please be aware there is a$25 non-refundable application fee,and additional fees may be charged based on the type of event and City services required. By submitting a Special Event Permit Application,you and your organization agree to the terms outlined in the Special Events Policy and all other ordinances,laws,and City requirements that may apply to this special event. Name of Special Event Name of Applicant or Organization(if the organization is a non-profit,a copy of the 507(c)3 statement must be attached) Main Contact For Event Name Daytime phone Address City State> Zip Email address Event Information Starting date&time Ending date&time Estimated event attendance Location of event Is the event in coordination with another event? 0 No O Yes (Event name: ) Provide a detailed description of all activities that will take place. Location(s)of event parking Amplified sound? M No 0 Yes Provide a description of any recording and sound amplification equipment to be used at your event and the times: Restrooms provided? 0 No 0 Yes How many? Company contracted for restrooms Trash disposal? 0 No 0 Yes Company contracted for trash disposal Request to use City utilities? 0 No 0 Yes (Additional use fees may be charged) City Clerk 1 7800 Golden Valley Road,Golden Valley,MN 55427-4588 city of 763-593-8012 1 TTY:763-593-3968 1 www.goldenvalleymn.gov I kluedke@goldenvalleymn.gov golden valley SpecialPermit Application Event Security Plans Applicant will maintain adult supervision of the event at all times.Additional security may be stipulated by the police chief.Security will be billed per the Special Event Policy. If you have questions about the amount of security to provide,contact the Police Depart- ment at 763-593-8079• If event security will be provided by the applicant,explain arrangements: If the applicant is requesting the Police Department to provide security,please explain your request: Date: Time: to Number of officers: Date: Time: to Number of officers: Date: Time: to Number of officers: Date: Time: to Number of officers: Park Use If yout event requires the use of a City pafk.you inustcomplete this section. Name of park Location of park Shelter(s)to be used Number of people attending Date of use Time of use Contact person Daytime phone Email address Pequired Attachments Must be attached to the Special Event Pertnit Application when submitted. O An event map is required if event will use streets and/or sidewalks(for a parade,run,etc)or will use multiple locations.Attach a complete map showing assembly and dispersal locations,route plan,and any streets or parking lots you are requesting be blocked. O Tent Permit application is required for any tent that exceeds 200 square feet. • Fireworks display applications are available upon request. O Street or Sidewalk Closing Permit application is required if event requires closure of any streets or sidewalks. O Temporary Liquor License application is required for the sale of alcoholic beverages. 0 Mobile Food Vending application is required for operation of a food truck. City Clerk 1 7800 Golden Valley Road,Golden Valley,MN 55427-4588 city 0f 763-593-8012 TTY.763-593-3968 1 www.goidenvalleymn.gov I kluedke@goldenvalleymn.gov golden valley Special Event Permit Application Special Event Estimated Fees For Services Not all fees listed. Thank you for your interest in hosting a special event in Golden Valley.To help you achieve the most successful event possible for your organization,we are providing a list of standard services/items and the associated fees you may incur as part of planning your event. Not all events will require all services/items,nor is this list intended to represent all services and items that may be necessary for the operation of your event. City Personnel(cost per hour) Vehicles(cost per hour) Minimum 2.5 hours per employee call-in Pick-Up Truck --------------$45 Public Works General Laborer----------$60 Utility Truck-----------------$100 Police Officer----------------------------------$75 Garbage Truck-------------$125 with car -------------------------------$100 Dump Truck -- -----------$125 Community Service Officer --------------$35 Bucket Truck ---------------$125 with car--------------$50 Fire Truck -------------------$250 Firefighter --------------------------------------$35 Aerial Truck-----------------$350 Permits&Licenses ParkUse---------------------------------------------------------------------------------------------------based on user Tent/Canopy Inspections-required for tent exceeding 200 sq ft and canopies exceeding 400 sq ft(per site)-----------------------------------$50 Each additional tent and/or canopy(per site)------------------------------------------$25 Mobile Food Vending Non-residential zoning districts Up to three days(City park-limit three days)------------------------------------$40 per day Upto 120 days --------------------------------------------------------------------------------$150 Street or Sidewalk Permit --------------------------------------------------------------------------To be determined upon review Temporary Liquor License -------------------------------------------------------------------------$100 FireworksDisplay--------------------------------------------------------------------------------------$100 City Clerk 1 7800 Golden Valley Road,Golden Valley,MN 55427-4588 city of 763-593-8012 1 TTY:763-593-3968 1 www.goldenvalleymn.gov I kluedke@goldenvalleymn.gov golden valley Special - Application Idemnification Agreement and Insurance Information The applicant hereby agrees to save,defend,hold harmless,and indemnify the City of Golden Valley and all of its officers,departments,agencies, agents,and employees(collectively the"City")from and against any and all claims,losses,damages,injuries,fines,penalties,and costs,including attor- ney's fees,charges,liability,or other exposures,however caused,resulting from,arising out of,or in any way related to the applicant's event as herein described and applicant's use of City property and/or right-of-way.Nothing herein shall have any effect on the City's right to assert any liability defense in accordance with Minnesota Statutes. The City,in its sole discretion,may require the Applicant to obtain liability insurance coverage(s)for any event.If the City notifies the Applicant in writ- ing that liability insurance is required,the Applicant must provide proof of the appropriate liability insurance(s)in the amount(s)provided herein. The Applicant must provide the City with a Certificate of Insurance showing proof of the required liability insurance(s).The City must be listed as an additional insured on all liability policies.Applicant's insurance shall act as the primary insurance coverage for any claims of loss covered by the insur- ance policy. The City,in its sole discretion,may require an Applicant to obtain any or all of the following insurance coverage,in at least the coverage amounts contained herein: 1.Applicant shall procure and maintain for the duration of the Special Event commercial general liability insurance or equal special event coverages protecting it from claims for damages for bodily injury and property damage which may arise from or in connection with the event's operation and use of the City's property as required by State Statute. 2.If alcohol will be served or included in Applicant's event,Applicant must obtain liquor liability(also known as dram shop)insurance in an amount not less than$1 million per occurrence. The City reserves the right to modify these insurance requirements at its sole discretion based on the nature and scope of Applicant's proposed event. Signature of Event Applicant I understand that I may be required to obtain insurance coverage as outlined herein before the City will approve my use of City property or right-of way. I hereby agree to obtain such coverage as the City may deem necessary and to provide City all necessary documentation Of such insurance coverage.I further certify under the penalty of perjury that I am authorized to execute contracts and other instruments and legally bind the Applicant. Signature of event applicant Date submitted to City Printed name and title of event applicant For Official Use Only Please return this page with your signature and comments to the City Clerk as soon as possible. Special Event Routing Signature of Approval Date Staff Comments Streets Maintenance Supervisor Has MTCO been notified? ❑ Yes ❑ No Physical Development Director Police Chief Fire Chief Parks and Recreation Director City Manager City Clerk This document is available in alternate formats upon a 72-hour request.Please call 763-593-8006(TTY:763-593-3968)to make a request. Examples of alternate formats may include large print,electronic,Braille,audiocassette,etc. city 0 f golden!zl','*� MEMORANDUM valley Administrative Services Department ment 763-593-8013/763-593-3969(fax) Executive Summary For Action Golden Valley City Council Meeting April 5, 2016 Agenda Item 6. K. Second Consideration -Amendments to City Code 5.31 Temporary Liquor Licenses and Summary of Ordinance for Publication Prepared By Kris Luedke, City Clerk Summary City Code 5.31 Temporary Liquor Licenses needed to be updated due to state law changes regarding temporary on-sale licenses. With the review of the Special Event Policy, it was timely to have language changed to clarify the conditions for temporary liquor licenses and to allow for temporary licenses to be issued to brewers and microdistilleries. The first consideration of this ordinance was presented at the March 15, 2016, Council meeting. If Council adopts the ordinance on its second consideration, it will be effective upon publication. Attachments • Underlined-overstruck version of Section 5.31: Temporary On-Sale Licenses (2 pages) • City Code Section 5.31: Temporary On-Sale Licenses (2 pages) • Ordinance #595, Amendment to Chapter 5: Alcoholic Beverages Licensing Regarding the Temporary Liquor License (2 pages) • Summary of Ordinance #595 (1 page) Recommended Action Motion to adopt second consideration Ordinance#595, Amendment to Chapter 5: Alcoholic Beverages Licensing regarding Temporary Liquor Licensing. Motion to adopt Summary of Ordinance #595 for publication. § 5.31 Section 5.31: Temporary On-Sale Non- �t License Subdivision 1. Applicant Statute 10A.14 OF 19eH pFefit erganizatien shall qualify for a teFnpeFaFy en sale nen The following are eligible to apply for and receive a temporary on-sale 3.2 percent malt liquor license or a temporary on-sale liquor license: A. a club or charitable, religious, or other nonprofit organization in existence for at least three years; B. a political committee registered under section Minnesota Statute 10A.14; C. a brewer who manufactures fewer than 3,500 barrels of malt liquor in a year; and D. a microdistillery. Subdivision 2. Conditions - All Temporary Licenses The following conditions apply to all licenses to be issued or issued under this Section. A. An application for a temporary license shall state the exact dates and place of proposed temporary sale, and the license shall be limited to such dates and place. B. No application nor any ene leeation shall qualify for a temporary license for more than a total of seven (7) days in any calendar year nor for three (3) temporary licenses within a twelve (12) month period. C. No one location, other than City-owned property, shall qualify for a temporary license for more than a total of seven (7) days in any calendar year nor for three (3) temporary licenses within a twelve (12) month period D. The license may authorize the on-sale of liquor or 3.2 percent malt liquor on premises other than premises the licensee owns or permanently occupies. E. Licenses issued under this Section are subject to all laws and ordinances governing the sale of liquor except Minnesota Statute 340A.504, subdivision 3, paragraph (d), and those laws and ordinances which by their nature are not applicable. Golden Valley City Code Page 1 of 2 § 5.31 F. The Council may, but at no time shall it be under any obligation whatsoever to, grant a temporary on-sale 3.2 percent malt liquor license or temporary on-sale of liquor for premises owned or controlled by the City. Any such license may be conditioned, qualified or restricted as the Council sees fit. Q.C—. The Council Fnay, but at no tinge shall it be undeF any ebligatien whatseeve,r -„St_°eted as the Coo ” sees f*t. The licensee shall also provide proof of financial responsibility as provided in Section 5.12, except that the Council may, by resolution, fix the limits of such coverage, but in no case shall it be less than that required for other alcoholic beverages. Notwithstanding Section 5.12, Subd. 2, lif the premises to be licensed are owned or under the control of the City, the applicant shall file with the City, prior to issuance of the license, satisfactory evidence of liability insurance providing at least the minimum insurance coverages required under Minnesota Statute 340.409 and naming the City as an insured during the license period. If a license under this Section is to be issued in connection with a Special Event Permit under Section 8.11 of the Code, all financial and insurance requirements under Code Section 8.11 shall apply to the license to be issued under this Section. a eeFteficate of liability eeverage W n at least the sum of fifty . - jred during the license peFied. Such license shall be issued enly on the eenditien that the applicant will net sell in excess of ten theusand dellars ($19,909) (Fetail value) worth of non eating rnalt liquor in any ealendaf Subdivision 3. Conditions - Temporary On-Sale Liquor Licenses. In addition to the conditions provided in Subdivisions 1 and 2 above, any license issued under this Section for on-sale liquor shall be subject to the following conditions: A. The license may authorize the on-sale of liquor for not more than four (4) consecutive days. B. Not more than one temporary license may be issued to any one applicant, or for any one (1) location, other than City-owned property, within any thirty (30) day period. C. A licensee may only be granted a license under this Section in connection with a social event sponsored by the licensee. D. To the extent permitted by and in accordance with state law, the license may provide that the licensee may contract for liquor catering services with the holder of a full-year on-sale liquor license issued by any municipality and a caterer's permit issued by the state. E. The license is not valid unless first approved by the commissioner. Golden Valley City Code Page 2 of 2 § 5.31 Section 5.31: Temporary On-Sale Licenses Subdivision 1. Applicant The following are eligible to apply for and receive a temporary on-sale 3.2 percent malt liquor license or a temporary on-sale liquor license: A. a club or charitable, religious, or other nonprofit organization in existence for at least three years; B. a political committee registered under section Minnesota Statute 10A.14; C. a brewer who manufactures fewer than 3,500 barrels of malt liquor in a year; and D. a microdistillery. Subdivision 2. Conditions - All Temporary Licenses The following conditions apply to all licenses to be issued or issued under this Section. A. An application for a temporary license shall state the exact dates and place of proposed temporary sale, and the license shall be limited to such dates and place. B. No applicant shall qualify for a temporary license for more than a total of seven (7) days in any calendar year nor for three (3) temporary licenses within a twelve (12) month period. C. No one location, other than City-owned property, shall qualify for a temporary license for more than a total of seven (7) days in any calendar year nor for three (3) temporary licenses within a twelve (12) month period D. The license may authorize the on-sale of liquor or 3.2 percent malt liquor on premises other than premises the licensee owns or permanently occupies. E. Licenses issued under this Section are subject to all laws and ordinances governing the sale of liquor except Minnesota Statute 340A.504, subdivision 3, paragraph (d), and those laws and ordinances which by their nature are not applicable. F. The Council may, but at no time shall it be under any obligation whatsoever to, grant a temporary on-sale 3.2 percent malt liquor license or temporary on-sale of liquor for premises owned or controlled by the City. Any such license may be conditioned, qualified or restricted as the Council sees fit. Golden Valley City Code Page 1 of 2 § 5.31 G. The licensee shall provide proof of financial responsibility as provided in Section 5.12 and any other applicable section of the Code, except that the Council may, by resolution, fix different limits of such coverage, but in no case shall it be less than that required for other alcoholic beverages. Notwithstanding Section 5.12, Subd. 2, if the premises to be licensed are owned or under the control of the City, the applicant shall file with the City, prior to issuance of the license, satisfactory evidence of liability insurance providing at least the minimum insurance coverages required under Minnesota Statute 340.409 and naming the City as an insured during the license period. If a license under this Section is to be issued in connection with a Special Event Permit under Section 8.11 of the Code, all financial and insurance requirements under Code Section 8.11 shall apply to the license to be issued under this Section. Subdivision 3. Conditions - Temporary On-Sale Liquor Licenses. In addition to the conditions provided in Subdivisions 1 and 2 above, any license issued under this Section for on-sale liquor shall be subject to the following conditions: A. The license may authorize the on-sale of liquor for not more than four (4) consecutive days. B. Not more than one temporary license may be issued to any one applicant, or for any one (1) location, other than City-owned property, within any thirty (30) day period. C. A licensee may only be granted a license under this Section in connection with a social event sponsored by the licensee. D. To the extent permitted by and in accordance with state law, the license may provide that the licensee may contract for liquor catering services with the holder of a full-year on-sale liquor license issued by any municipality and a caterer's permit issued by the state. E. The license is not valid unless first approved by the commissioner. Golden Valley City Code Page 2 of 2 ORDINANCE NO. 595, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Amending Chapter 5: Alcoholic Beverages Licensing regarding Temporary Liquor License The City Council for the City of Golden Valley hereby ordains as follows: Section 1 . City Code Section 5:31 Temporary Non-intoxicating Malt Liquor License is hereby deleted in its entirety and replaced with the following: Section 5.31 : Temporary On-Sale Licenses Subdivision 1. Applicant The following are eligible to apply for and receive a temporary on-sale 3.2 percent malt liquor license or a temporary on-sale liquor license: A. a club or charitable, religious, or other nonprofit organization in existence for at least three years; B. a political committee registered under section Minnesota Statute 10A.14; C. a brewer who manufactures fewer than 3,500 barrels of malt liquor in a year; and D. a microdistillery. Subdivision 2. Conditions - All Temporary Licenses The following conditions apply to all licenses to be issued or issued under this Section. A. An application for a temporary license shall state the exact dates and place of proposed temporary sale, and the license shall be limited to such dates and place. B. No applicant shall qualify for a temporary license for more than a total of seven (7) days in any calendar year nor for three (3) temporary licenses within a twelve (12) month period. C. No one location, other than City-owned property, shall qualify for a temporary license for more than a total of seven (7) days in any calendar year nor for three (3) temporary licenses within a twelve (12) month period D. The license may authorize the on-sale of liquor or 3.2 percent malt liquor on premises other than premises the licensee owns or permanently occupies. E. Licenses issued under this Section are subject to all laws and ordinances governing the sale of liquor except Minnesota Statute 340A.504, subdivision 3, paragraph (d), and those laws and ordinances which by their nature are not applicable. F. The Council may, but at no time shall it be under any obligation whatsoever to, grant a temporary on-sale 3.2 percent malt liquor license or temporary on-sale of liquor for premises owned or controlled by the City. Any such license may be conditioned, qualified or restricted as the Council sees fit. Ordinance No. 595 -2- April 5, 2016 G. The licensee shall provide proof of financial responsibility as provided in Section 5.12 and any other applicable section of the Code, except that the Council may, by resolution, fix different limits of such coverage, but in no case shall it be less than that required for other alcoholic beverages. Notwithstanding Section 5.12, Subd. 2, if the premises to be licensed are owned or under the control of the City, the applicant shall file with the City, prior to issuance of the license, satisfactory evidence of liability insurance providing at least the minimum insurance coverages required under Minnesota Statute 340.409 and naming the City as an insured during the license period. If a license under this Section is to be issued in connection with a Special Event Permit under Section 8.11 of the Code, all financial and insurance requirements under Code Section 8.11 shall apply to the license to be issued under this Section. Subdivision 3. Conditions - Temporary On-Sale Liquor Licenses. In addition to the conditions provided in Subdivisions 1 and 2 above, any license issued under this Section for on-sale liquor shall be subject to the following conditions: A. The license may authorize the on-sale of liquor for not more than four (4) consecutive days. B. Not more than one temporary license may be issued to any one applicant, or for any one (1) location, other than City-owned property, within any thirty (30) day period. C. A licensee may only be granted a license under this Section in connection with a social event sponsored by the licensee. D. To the extent permitted by and in accordance with state law, the license may provide that the licensee may contract for liquor catering services with the holder of a full- year on-sale liquor license issued by any municipality and a caterer's permit issued by the state. E. The license is not valid unless first approved by the commissioner. Section 2. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 5.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 3. This Ordinance shall take effect from and after its passage and publication as required by law. Adopted by the City Council this 5t" day of April, 2016. /s/Shepard M. Harris Shepard M. Harris, Mayor ATTEST: /s/Kristine A. Luedke Kristine A. Luedke, City Clerk SUMMARY OF ORDINANCE NO. 595, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Amending Chapter 5: Alcoholic Beverages Licensing regarding Temporary Liquor License This is a summary of the provision of the above Ordinance which has been approved for publication by the City Council. This ordinance amends Chapter 5 Alcoholic Beverage Licensing and Regulations of the Golden Valley City Code to amend Section 5.31 Temporary Liquor Licenses to clarify the conditions for temporary liquor licenses and to allow for temporary licenses to be issued to brewers and microdistilleries. The ordinance shall take effect upon publication. NOTICE: the foregoing is only a summary of the ordinance. A printed copy of the full text of the ordinance is available for inspection during regular office hours at the office of the City Clerk. Adopted by the City Council this 5th day of April, 2016. /s/Shepard M. Harris Shepard M. Harris, Mayor ATTEST: /s/Kristine A. Luedke Kristine A. Luedke, City Clerk AGENDA Regular Meeting of the Housing and Redevelopment Authority Golden Valley City Hall 7800 Golden Valley Road Council Chamber April 12, 2016 6:30 pm Pages 1. Roll Call :.. 2. Approval of Agenda 3. Approval of Minutes - Regular Meeting - January 12, 2016 4. Approval of Bills: Reimbursement of City Expenditures City of Golden Valley �� $ Bank Mutual Hennepin County TOTAL Bill Summary: General Fund $ North Wirth Capital Project Fund Golden Hills Tax Increment Fund Capital Project Fund Highway 55 West ,INS' TOTAL 5. Receipt of March 2016 Financial Reports 6. Public Input - Brookview Community Center Replacement A. Lease Purchase 7. Amend Private Development Agreement for Liberty Crossing PUD 123 8. Adjournment AGENDA Council/Manager Meeting Golden Valley City Hall 7800 Golden Valley Road Council Chambers April 12, 2016 6:30 pm or immediately following the HRA Meeting Pages 1. St. Louis Park - Convention and Visitors Bureau ( minutes) 2. Environmental Commission Annual Report (10 minutes) 3. DeCola Ponds Update ( minutes) z 4. Humphrey Capstone Presentation and Bicycle Pedestrian Plan Update ( minutes) 5. Proclamation, Resolution and Letter of Support Policy ( minutes) 6. 130th Anniversary Proclamation ( minutes) mIN Council/Manager meetings have an informal, discussion-style format and are designed for the Council to obtain background information, consider policy alternatives, and provide general directions to staff. No formal actions are taken at these meetings. The public is invited to attend Council/Manager meetings and listen to the discussion; public participation is allowed by invitation of the City Council. This document is available in alternate formats upon a 72-hour request. Please call 763-593-8006 (TTY: 763-593-3968) to make a request. Examples of alternate formats may include large print, electronic, Braille, audiocassette, etc. cr`tyAGENDA goldetoi, N. rRegular Meeting of the City Council Golden Valley City Hall 7800 Golden Valley Road Council Chamber April 19, 2016 6:30 pm 1. CALL TO ORDER PAGES A. Pledge of Allegiance B. Roll Call 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 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 April 5, 2016 B. Approval of City Check Register C. Licenses: 1. Gambling License Exemption and Waiver of Notice Requirement - Children's Hospitals and Clinics of Minnesota Foundation D. Minutes of Boards and Commissions: 1. E. Bids and Quotes- 1. uotes:1. Award 2016 Crack Sealing Project 2. Award 2016 Fire Suppression Project (Golf Maintenance Building) F. Accept Environmental Commission Annual Report 4. PUBLIC HEARINGS A. Public Hearing - Issue General Obligation Street Reconstruction Bonds and Proposal to Adopt Street Reconstruction Plan 5. OLD BUSINESS 6. NEW BUSINESS A. Adopt Resolution to participate in Green Steps Cities program B. Announcements of Meetings 1 . Future Draft Agendas: City Council May 2, 2016, Council/Manager May 10, 2016 and City Council May 17, 2016 C. Mayor and Council Communications 7. ADJOURNMENT qty p)f AGENDA golden4r� Regular Meeting of the City Council V91 Golden Valley City Hall 7800 Golden Valley Road Council Chamber May 3, 2016 6:30 pm 1. CALL TO ORDER PAGES A. Pledge of Allegiance B. Roll Call C. Dr. Carlton Jenkins, Robbinsdale School District Superintendent (not confirmed) 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 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 B. Approval of City Check Register C. Licenses: 1110 D. Minutes of Boards and Commissions: 1. Human Rights Commission E. Bids and Quotes: 4. PUBLIC HEARINGS O A. Zoning Code Text Amendment - Modify Lot Width in R-2 Moderate Density Residential B. Rezoning 3900 Wayzata Blvd to R-1 Single Family Residential C. Comp Plan Map Amendment 3900 Wayzata Blvd to Low Density D. Zoning Code Text Amendment - Remove Temporary Events from Section 11.04 5. OLD BUSINESS � 6. NEW BUSINESS A. First Consideration - Subdivision Code Text Amendment - Frontage/Access B. Resolution Authorizing Bond and Certificate Sale C. Announcements of Meetings 1 . Future Draft Agendas: Council/Manager May 10, 2016, City Council May 17 and City Council June 7, 2016 D. Mayor and Council Communications 7. ADJOURNMENT