03-07-17 CC Agenda Packet (entire)AGENDA
Regular Meeting of the
City Council
Golden Valley City Hall
7800 Golden Valley Road
Council Chamber
March 7, 2017
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 February 21, 2017 3-6
B.Approval of City Check Register 7
C.Licenses:
1. General Business Licenses - Amusement Devices 8-9
2. General Business Licenses - Gas Station/Dispenser 10-11
3. Multi-Family Rental Property License 12
4. Temporary Liquor License - Polo for Philanthropy 13
D.Minutes:
1. Planning Commission - February 13, 2017 14-18
2. Board of Zoning Appeals - January 24, 2017 19-24
3.Civil Service Commission - November 21, 2016 25-26
4. Environmental Commission - December 19, 2016 and January 23, 2017 27-30
5. Human Services Fund - November 14, 2016 and January 9, 2017 31-33
E.Bids and Quotes
1. Approve Purchase Truck Mounted Tack Sprayer 34
2. Approve Purchase Asphalt Hot Box 35
4.PUBLIC HEARINGS
A.Public Hearing - Trunk Highway 55 West Public Improvement Project No. 15-22 17-16 36-61
B.Public Hearing - Special Assessments for Trunk Highway 55 West Public Improvement
Project 17-17
62-66
5.OLD BUSINESS
6.NEW BUSINESS
A.Appeal of Board of Zoning Commission Decision for 1401 Winnetka Avenue 67-94
B.Second Consideration - Ordinance #618 - Amendment of Salaries of Mayor and
Council Members
95-97
C.First Consideration - Ordinance #619 - Addition of Youth Member to Board and
Commissions
98-107
D.Approve Office Lease Agreement with the Golden Valley Community Foundation 108-121
6. NEW BUSINESS - continued
E.Announcement of Meetings
1. Future Draft Agendas: Council/Manager March 14, 2017, City Council March 21
and April 4, 2017
122-124
F.Mayor and Council Communications
7.ADJOURNMENT
UNOFFICIAL MINUTES
CITY COUNCIL MEETING
GOLDEN VALLEY, MINNESOTA
February 21, 2017
1. CALL TO ORDER
Mayor Harris called the meeting to order at 6:30 pm.
1A. Pledge of Allegiance
1B. Roll Call
Present: Mayor Shep Harris, Council Members Joanie Clausen, Larry Fonnest, Andy Snope
and Steve Schmidgall. 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 Clausen to approve
the agenda of February 21, 2017, as submitted and the motion carried.
3. APPROVAL OF CONSENT AGENDA
MOTION made by Council Member Clausen, seconded by Council Member Snope to approve
the consent agenda of February 21, 2017, as revised: removal of 3F-Adopt Resolution
approving Application for Community Development Block Grant Program Funds for West
Hennepin Affordable Housing Land Trust, 3J-Authorize Contract for Professional Services with
Prairie Restorations for the Restoration and Maintenance of Native Plant Communities, and
3N-Authorize staff to sign a letter of support for Habitat for Humanity and the motion carried.
3A.Approve Minutes of the City Council Meeting of February 7, 2017.
3B. Approve City Check Register and authorize the payment of the bills as submitted.
3C1.Authorize the issuance of Fireworks Sales as recommended by staff.
3C2.Approve the issuance of a Therapeutic Massage Facility License for Pucon Massage
located at 810 Lilac Drive North, Suite 104.
3D. Accept for filing the Minutes of Boards and Commissions as follows:
1. Planning Commission - January 23, 2017
2. Board of Zoning Appeals - December 27, 2016
3. Environmental Commission - November 28, 2016
4. Human Services Fund - October 10, 2016
5. Joint Meeting of the Board of Zoning Appeals, Human Services Fund, Environmental
Commission, Human Rights Commission, Open Space and Recreation Commission,
and Planning Commission - January 23, 2017
6. Joint Water Commission - December 7, 2016
3E1.Approve purchase of a 2017 Caterpillar Model 908M Wheel Loader with Snow Wolf Fast
Attach from Ziegler Cat in the amount of $77,740.75.
3E2.Approve purchase of two Ford SUV Interceptor Vehicles from Nelson Auto Center for
the total purchase price of $71,454.90.
3E3.Approve purchase of one Ford F250 from Midway Ford, utility box and snow plow from
ABM Equipment, for the total purchase price of $44,235.
3E4.Approve the purchase of a Fairway Mower from Turf Werks through the National IPA
State Contract #07313-jcs for a total purchase price, including Minnesota sales tax, in
the amount of $43,903.18.
3F.Adopt Resolution 17-12, Approving Application for 2017 Community Development
Block Grant Program Funds for West Hennepin Affordable Housing Land Trust.
Unofficial City Council Minutes -2- February 21, 2017
3. APPROVAL OF CONSENT AGENDA - continued
3G.Adopt Resolution 17-13, renaming Six Election Precincts in the City.
3H.Authorize Agreements to upgrade the City’s Asset Management Software: Cartegraph
Systems, Inc. Master Agreement and Purchase Agreement in the amount of $95,785.03
and Esri Enterprise License Agreement in the amount of $25,000.
3I.Authorize the Mayor and City Manager to sign the Intervention Services Agreement with
Sojourner Project, Inc. for Domestic Assault Intervention Services.
3J.Authorize a contract for Professional Services with Prairie Restorations, Inc. for the
2017 Golden Valley Restoration and Maintenance of Native Plant Communities.
3K.Adopt Resolution 17-14, approving Golden Valley Fire Relief Association By-Laws
Article XI Increasing the Service Pension.
3L.Approve Amendment to Contract 15-10 between the City of Golden Valley and Tim’s
Tree Service, Inc. in the amount of $66,410 for the 2017 Spring Brush Pickup Program.
3M.Reject all bids from the February 9, 2017, bid opening for the 2017 Pavement
Management Program project.
3N.Authorize staff to sign a letter of support for Habitat for Humanity.
3O.Approve the meetings for Council reimbursement as listed below:
∼Beyond the Yellow Ribbon Campaign
∼Bicycle and Pedestrian Planning Task Force
∼Bottineau Light Rail Transit (LRT) Community Works Steering Committee
∼Golden Valley Business Council
∼Golden Valley Historical Society Board Member
∼Highway 169 Mobility Study Policy Advisory Committee
∼Hopkins School District 270 Caring Youth Committee
∼Hopkins School District 270 Cities Joint Meetings
∼League of Minnesota Cities (LMC) - Committee meetings
∼Legislative Liaison and Spokesperson
∼METRO Blue Line Extension Corridor Management Committee
∼Metro Cities
∼Minneapolis Water Advisory Board
∼Northwest Suburbs Cable Communications Commission
∼Regional Council of Mayors
∼Robbinsdale School District 281 Government Advisory Committee
∼Sochacki Park Governance Policy Board
∼TwinWest Chamber of Commerce
3. ITEMS REMOVED FROM THE CONSENT AGENDA
3F.Approval of Application for Community Development Block Grant Program Funds
for West Hennepin Affordable Housing Land Trust
Council Member Fonnest provided information regarding the program and thanked the
organization for providing the grant.
There was Council discussion regarding the grant program and affordable housing.
MOTION made by Council Member Fonnest, seconded by Council Member Clausen to adopt
Resolution 17-12, approving the Proposed Application for 2017 Community Development
Block Grant Program Funds for West Hennepin Affordable Housing Land Trust and
Authorizing Execution of Subrecipient Agreement with Urban Hennepin County and Any Third
Party Agreements upon a vote being taken the following voted in favor of: Clausen, Fonnest,
Harris, Schmidgall and Snope, the following voted against: none and the motion carried.
Unofficial City Council Minutes -3- February 21, 2017
3J. Authorize Contract for Professional Services with Prairie Restorations, Inc. for the
2017 Golden Valley Restoration and Maintenance of Native Plant Communities
Council Member Fonnest provided additional information regarding pollinators and some of the
steps the City, the Environmental Commission and the Golden Valley Garden Club are taking
to support and improve the pollinator’s habitat.
MOTION made by Council member Fonnest, seconded by Council Member Clausen to
authorize a contract for Professional Services with Prairie Restorations, Inc. for the 2017
Golden Valley Restoration and Maintenance of Native Plant Communities in the amount of
$31,290 and the motion carried.
3N. Authorize Letter of Support for Habitat for Humanity
Council Member Fonnest provided additional information on Habitat for Humanity and thanked
the organization.
MOTION made by Council Member Fonnest, seconded by Council Member Clausen to
authorize staff to sign a letter of support for Habitat for Humanity and the motion carried.
6. NEW BUSINESS
6A. Authorize Support of a Cooperative Project Agreement for DeCola Ponds and
Medicine Lake Road Area Flood Mitigation Measure
City Engineer Oliver presented the staff report and answered questions from Council.
MOTION made by Council Member Schmidgall, seconded by Council Member Clausen to
adopt Resolution 17-15, supporting a Cooperative Project Agreement for DeCola Ponds and
Medicine Lake Road Area Flood Mitigation Measures upon a vote being taken the following
voted in favor of: Clausen, Fonnest, Harris, Schmidgall and Snope, the following voted against:
none and the motion carried.
6B. First Consideration - Ordinance #618 - Amendment of Salaries of Mayor and
Council Members
City Manager Cruikshank presented the staff report.
There was Council discussion regarding amending the Mayor and City Council salaries.
MOTION made by Council Member Fonnest, seconded by Council Member Clausen to adopt
first consideration,Ordinance #618, amending Salaries of the Mayor and Council Members
upon a vote being taken the following voted in favor of: Clausen, Harris, and Snope, the
following voted against: Fonnest and Schmidgall and the motion carried.
6C. Announcement of Meetings
Some Council Members may attend the GARE - Advancing Racial Equity: Role of Government
Opportunities and Challenges on February 22, 2017, from 3 to 5 pm at the Minneapolis Central
Library at 300 Nicollet Mall, Minneapolis.
The State of the City Community Update will be held on February 23, 2017, at 7:30 to 8:30 am
in the Council Chambers.
Unofficial City Council Minutes -4- February 21, 2017
6C. Announcement of Meetings - continued
Some Council Members may attend the TwinWest Chamber of Commerce Open House for
their new president on February 23, 2017, from 11 am to 1 pm at the Chamber of Commerce
located at 10700 Old County Road 15, Plymouth and 4 to 6 pm at Kip’s Irish Pub located at
9970 Wayzata Blvd, St. Louis Park.
Some Council Members may attend the Robbinsdale Area Schools Empty Bowls Event on
March 7, 2017, at Robbinsdale Cooper High School located at 8230 47
th Avenue, New Hope.
The next City Council meeting will be held on March 7, 2017, at 6:30 pm.
6D. Mayor and Council Communication
Council Member Clausen said that the structure is starting to be built for Brookview Community
Center. Mayor Harris stated that due to the construction this year’s Run the Valley event will
have a new route. It will be at Meadowbrook School.
Mayor Harris updated Council on current legislative bills being heard at the State Capital which
included information on funding of the transportation bill and possible changes to the
Metropolitan Council to have City Council Members serve on it.
7.ADJOURNMENT
MOTION made by Council Member Schmidgall, seconded by Council Member Clausen and
the motion carried to adjourn the meeting at 7:14 pm.
_______________________________
Shepard M. Harris, Mayor
ATTEST:
__________________________
Kristine A. Luedke, City Clerk
Executive Summary For Action
Golden Valley City Council Meeting
March 7, 2017
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.
Executive Summary For Action
Golden Valley City Council Meeting
March 7, 2017
Agenda Item
3. C. 1. General Business Licenses
Prepared By
Kris Luedke, City Clerk
Summary
As per City Code, some businesses are required to be licensed by the City. Listed below are the
License Number, Applicant, License Type and Fee of those who have submitted an application for
approval.
License No. Applicant License Type Fee
#9397 American Amusement Arcades 3 Amusement Devices $45
2100 West 96
th Street at 6400 Wayzata Blvd
#9411 RZMP Corporation 2 Amusement Devices $30
7348 Country Club Drive at 7348 Country Club Drive
#9400 Theisen Vending Company 3 Amusement Devices $45
2335 Nevada Avenue North at 7348 Country Club Drive
2 Amusement Devices $30
at 8806 Olson Memorial Hwy
2 Amusement Devices $30
at 6920 Wayzata Blvd
#9396 Chester Bird American Legion 3 Amusement Devices $45
200 Lilac Drive North at 200 Lilac Drive North
License No. Applicant License Type Fee
#9394 Lubrication Technologies Bulk Oil Storage $25
900 Mendelssohn Avenue
#9410 Schuller’s Tavern Dancing/Entertainment $375
7348 Country Club Drive
Recommended Action
Motion to authorize the issuance of licenses as recommended by staff.
Executive Summary For Action
Golden Valley City Council Meeting
March 7, 2017
Agenda Item
3. C. 2. General Business Licenses
Prepared By
Jill Lund, Administrative Assistant
Summary
As per City Code, some businesses are required to be licensed by the City. Listed below are the
gas station/dispenser licenses that are up for renewal.
Applicant License Type Fee
Linn Retail Centers, Inc.Gas Station/ 6 Dispensers $ 400.00
DBA: Holiday Station
600 Boone Avenue North
Mobile Radio Engineering Gas Station/1 Dispenser $ 75.00
745 Boone Avenue North
Mainline Transportation, Inc.Gas Station/4 Dispensers $ 300.00
835 Decatur Avenue North
Jim Lupient Oldsmobile Gas Station/1 Dispenser $ 75.00
7100 Wayzata Boulevard
Feist Automotive Gas Station/4 Dispensers $ 300.00
1875 Lilac Drive North
Holiday Stationstores, Inc.Gas Station/5 Dispensers $ 350.00
7925 Wayzata Boulevard
Super America #4443 Gas Station/4 Dispensers $ 300.00
1930 Douglas Drive North
Applicant License Type Fee
Super America #4497 Gas Station/6 Dispensers $ 400.00
6955 Market Street
Morrie’s Cadillac SAAB Gas Station/1 Dispensers $ 75.00
7400 Wayzata Boulevard
Gregg and Jim’s Service, Inc.Gas Station/4 Dispensers $ 300.00
1900 Douglas Drive North
Freddie’s Petroleum, Inc.Gas Station/4 Dispensers $ 300.00
DBA: Amstar
9405 Medicine Lake Road
General Mills Gas Station/6 Dispensers $ 400.00
1 General Mills Boulevard
Regency Hospital Gas Station/1 Dispenser $ 75.00
1300 Hidden Lakes Parkway
Golden Valley Country Club Gas Station/2 Dispensers $ 150.00
7001 Golden Valley Road
Theodore Wirth Par 3 Gas Station/2 Dispensers $ 150.00
1313 Theodore Wirth Parkway
Recommended Action
Motion to authorize the issuance of licenses as recommended by staff.
Executive Summary For Action
Golden Valley City Council Meeting
March 7, 2017
Agenda Item
3. C. 3. Multi-Family Rental Property Licenses
Prepared By
Dave Gustafson, Fire/Property Maintenance Specialist
Jill Lund, Administrative Assistant
Summary
The following multi-family rental properties are up for renewal.
PROPERTY LICENSE FEE
HELLO APARTMENTS - 9201 Golden Valley Road $ 300
Recommended Action
Motion to authorize the renewal of multi-family rental licenses as recommended by staff.
Executive Summary For Action
Golden Valley City Council Meeting
March 7, 2017
Agenda Item
3. C. 4. Temporary On-Sale Liquor License - Polo for Philanthropy
Prepared By
Kris Luedke, City Clerk
Summary
Polo for Philanthropy has applied for a temporary on-sale liquor license for an event being held
on March 16, 2017, from 6:30 to 9:30 pm at Borton Volve located at 905 Hampshire Boulevard in
Golden Valley. It will be a benefit for Alex’s Lemonade Stand Foundation and it coincides with
Borton Volvo’s grand opening. The event is a private invite adult only event. The dealership will
be closed to the public and the liquor service will be inside the establishment.
The City Code does provide for temporary sales of liquor with Council approval. Also, required is a
certificate of liquor liability insurance naming the City as an additional insured in the amount of
$1,000,000. The Polo for Philanthropy has provided this certificate for their event.
Recommended Action
Motion to approve a temporary on-sale liquor license for the Polo for Philanthropy for their event
at Borton Volvo located at 905 Hampshire Boulevard on Thursday, March 16, 2017.
Regular Meeting of the
Golden Valley Planning Commission
February 13, 2017
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 13, 2017. Chair Segelbaum called the meeting to order at 7:03 pm.
Those present were Planning Commissioners Baker, Blenker, Johnson, Segelbaum,
and Waldhauser. Also present were Planning Manager Jason Zimmerman, Associate
Planner/Grant Writer Emily Goellner, and Administrative Assistant Lisa Wittman.
Commissioners Blum and Kluchka were absent.
1. Approval of Minutes
January 23, 2017, Regular Planning Commission Meeting
MOVED by Waldhauser, seconded by Johnson and motion carried unanimously to
approve the January 23, 2017, minutes as submitted.
2. Comp Plan Discussion – Demographics
Zimmerman referred to the Community Data Report included in the agenda packet and
explained that it will be used in the Community Profile Chapter of the 2040
Comprehensive Plan Update. He noted that it will also be used to support the themes that
have emerged after the Open House, online survey results, and through conversations
with Commissions and the City Council. He showed the Commissioners two word clouds.
One demonstrated the words people have used to describe Golden Valley today and the
other demonstrated Golden Valley’s future. He stated that “Suburban Evolution” has
emerged as the overarching theme for the Comprehensive Plan update. Some of the
other themes include: supporting the emergence of a dynamic town center, showcasing
Golden Valley as a “green” community, emphasizing all aspects of a multi-modal
transportation system, striving to be more inclusive, and making important investments in
infrastructure.
Zimmerman stated that the data in the report is showing that the population is growing,
aging, and becoming more diverse; the number of households is increasing, but they are
smaller in size; there are more multi-family buildings and more renters; the household
cost burden has increased, especially for renters; employment continues to grow; and a
large majority of workers drive to work alone.
Goellner discussed some national trends including: an aging population, a widening gap
in incomes, housing costs rising faster than incomes, higher educational attainment, the
demand for housing in central cities and inner-ring suburbs, the demand for multiple
transportation options, more unpredictable and severe weather events, changes in
technology, and the rise of shared economy.
Minutes of the Golden Valley Planning Commission
February 13, 2017
Page 2
Zimmerman referred to a chart showing population and stated that Golden Valley’s
population reached a low point in 2000 and has since rebounded. He stated that the City
is already surpassing the Met Council 2015 estimates for where they thought Golden
Valley would be in 2020 and that the demographic trends in the Twin Cities metro area
anticipate a 27% population growth in the next three decades, from 2.85 million in 2010 to
3.63 million in 2040.
Waldhauser asked about pending apartment projects coming on-line. Baker noted that
there is a 5% increase between 2010 and 2015 and yet the size of the households has
dropped so there has to be more units somewhere. Zimmerman stated that there is a rise
in the number of apartment units coming and that the household size is starting to trend
upward. He explained that the 2015 numbers are a Met Council estimate compared to
2010 census data so the actual numbers might have been different from the estimated
numbers. Johnson asked when the Met Council estimates are created. Zimmerman
stated that the 2015 estimates are their current estimates that were released in 2016.
Johnson asked how the City gauges the accuracy of the Met Council estimates.
Zimmerman stated the Met Council has forecasters that have the data and systems to
provide these estimates. Johnson said it would be helpful to know how the Met Council
comes up with their estimates. Baker agreed and stated that a lot of decisions are based
on these Met Council estimates.
Zimmerman referred to a graph showing population by age and stated that Golden Valley
still has an older population but it is starting to see a spurt of people in their early thirties
so over the next several years the City will have to figure out where the aging population
will live. Baker asked about the rationale for wanting older people to stay in Golden
Valley. Zimmerman stated that he has heard from many people that they want to stay in
Golden Valley with their social circle and families, but they don’t necessarily want to
maintain a house and yard.
Zimmerman discussed a graph regarding population by race and ethnicity and noted that
there has been an increase in diversity in Golden Valley. He stated that in 1990, 94% of
Golden Valley residents were white and over the last 30 years that has steadily dropped
to approximately 82% of residents who are white. Johnson asked if the Met Council has
targets on where cities are supposed to be in terms of diversity. Zimmerman stated that
the Met Council doesn’t have targets, but they have numbers on how they think the metro
area will change. As a region, the share of persons of color is expected to rise from 9% in
1990 to 41% by 2040. Baker asked if Golden Valley is tracking with the Met Council
estimates. Zimmerman stated that Golden Valley was at 6% people of color in 1990
compared to 9% metro wide so Golden Valley isn’t moving as quickly as some other
areas, but is following that same trend line.
Goellner referred to a graph regarding educational attainment and stated that more
people who live in Golden Valley are gaining bachelor or graduate/professional degrees
and that there have been less people over time who are not gaining their high school
diploma. She stated that the level of educational attainment is higher in Golden Valley
when compared to attainment in the seven county metro area which indicates higher
incomes as well.
Minutes of the Golden Valley Planning Commission
February 13, 2017
Page 3
Zimmerman referred to a graph regarding poverty levels and noted that the percentage of
Golden Valley’s population living below the poverty level has been increasing, roughly
doubling from 4.3% in 1990 to 8.2% in 2015. Baker asked how that compares to the
metropolitan area. Goellner said Golden Valley’s numbers are lower than other
communities in the metro area. Waldhauser asked if there is a breakdown of age and/or
ethnicity for the numbers on the poverty level graph. Goellner said she doesn’t have data
for Golden Valley specifically, but that she would look for more information.
Zimmerman discussed the number of households and household types in Golden Valley.
He noted that there hasn’t been much change in this data since the 1990 census, but that
the number of households has been rising and is forecast to continue to rise which is
consistent with the recent approval of large multi-family buildings. The data regarding
household types shows that a smaller percentage of households have children, and a
greater percentage of residents live alone which is consistent with an aging population.
Zimmerman next discussed the housing types in Golden Valley and said there has not
been a lot of change since 1990. He stated that although single family homes dominate
the housing landscape, almost all types of housing have been increasing, most notably
the multi-family housing stock. Blenker asked if the housing types graph refers to the
number of units. Zimmerman said yes. Blenker noted that approximately two-thirds of the
units are single family homes and the other one-third are townhomes or apartments.
Baker said it would be interesting to learn about the long term implications of continued
apartment growth.
Zimmerman referred to a graph showing housing tenure and vacancy and noted that
fewer residents are living in owner occupied housing; more are renters. Waldhauser
asked if the City knows how many rental units are single family home versus multi-family
buildings. Goellner stated that there are approximately 400 single family homes that have
a rental license and that rentals are predominantly in multi-family buildings.
Zimmerman discussed median home values, median household income, and the
percentage of households with cost burden and noted that the median home value in
Golden Valley dipped in the early 2010s, but appear to have stabilized. The median
household income also dipped after 2010 while median rents increased. Waldhauser
asked what is included in the percentage of household costs. Goellner stated the costs
include utilities and rent, not maintenance. Waldhauser said she thinks the graphs
understate the cost of owning a house.
Zimmerman referred to a graph illustrating employment in Golden Valley and said
employment in Golden Valley has been steadily rising throughout the 1990s and 2000s.
He added that in the Twin Cities metro area, employment figures are forecast to increase
30% from 1.55 million in 2010 to 2.02 million by 2040. Blenker asked about the top
employers in Golden Valley. Goellner said the top employers include: General Mills,
Allianz, Courage Kenny, Honeywell, Tennant, and Mortenson. Zimmerman added that
Golden Valley will see an increase in employment.
Minutes of the Golden Valley Planning Commission
February 13, 2017
Page 4
Goellner discussed two graphs that showed means of transportation to work and travel
time to work and stated that most Golden Valley residents drive alone to work which has
not changed much in the past 25 years. She noted that this is typical for communities with
robust roadway networks, but has the likelihood of decreasing between today and 2040.
She stated that most residents drive to work and arrive within 30 minutes and that the
majority of residents work in communities outside of Golden Valley. Waldhauser stated
that it is interesting that the means of transportation to work doesn’t change, but people
have said multi-modal transportation is important to them. Goellner stated that multi-
modal transportation can’t be more convenient until more people use it because
expansion of the system is based on existing ridership levels. She also stated that the
data hasn’t changed much over time because the highway access in Golden Valley hasn’t
changed.
Johnson referred to the graph about employment and asked why the information is split
between Met Council forecasts and DEED estimates. Zimmerman explained that DEED
doesn’t do forecasts and that the Met Council relies on DEEDs numbers for their
forecasts. Johnson said there seems to be quite a difference in expertise for the Met
Council to go from housing and population to employment.
Zimmerman reiterated that this is the type of data that staff thinks is important to include
in the first chapter of the Comprehensive Plan. He said he would like to hear from the
Commissioners if there is more information they would like to see added in order to
address some of the goals in the Comprehensive Plan.
Segelbaum asked about the next steps in the Comprehensive Plan Update process.
Zimmerman stated that there will be “Comp Plan Conversations” throughout the summer.
These conversations/mini open houses will occur prior to the first Planning Commission
meetings of the month at 6 pm with an additional meeting scheduled on August 7. Then
staff will recap the “conversations” at the Council/Manager meeting each month. In late
2017, a final draft of the Plan will be reviewed by the Commissions and will be sent to the
City Council for review and comment. In early 2018, there will be a comment period for
the public and neighboring communities. The plan will then go to the Planning
Commission and City Council in mid-2018 for approval and will be submitted to the
Metropolitan Council.
The Commissioners talked about the process and how they will review the Plan and
provide feedback.
Johnson asked for more data on climate change and storm data change. Goellner said
she would send the Commissioners additional information. Waldhauser suggested
reviewing information on the built environment as well as the natural environment.
Zimmerman said he will also be working with the staff liaison to the Environmental
Commission in regard to the Sustainability and Resilience Chapter.
Minutes of the Golden Valley Planning Commission
February 13, 2017
Page 5
3. Reports on Meetings of the Housing and Redevelopment Authority, City
Council, Board of Zoning Appeals and other Meetings
No reports were given.
4. Other Business
•Review Planning Commission Bylaws
Zimmerman explained that the Planning Commission bylaws need to be amended
because the City Council is going to appoint a youth member to each Board and
Commission as a way to involve teens. Baker asked if the youth member would
contribute to a quorum. Zimmerman said no, they would be a non-voting member.
Blenker asked if any youth have expressed interest in being appointed to a board or
commission. Segelbaum stated that there used to be a teen committee but there really
wasn’t enough for them to do on their own so he thinks this is a good way to include
them. Johnson agreed. Waldhauser said she thinks a teen member would be better
suited for the Planning Commission rather than the Board of Zoning Appeals.
Segelbaum expressed concern about a teen member not wanting to participate in the
entirety of meetings.
•Council Liaison Report
No report was given.
5. Adjournment
The meeting was adjourned at 8:26 pm.
__________________________________________________________
John Kluchka, Secretary Lisa Wittman, Administrative Assistant
Minutes of a Regular Meeting of the
Golden Valley Board of Zoning Appeals
January 24, 2017
A regular meeting of the Golden Valley Board of Zoning Appeals was held on Tuesday,
January 24, 2017, 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, Orenstein, Perich and Planning Commission
Representatives Johnson and Kluchka. Also present were Planning Manager Jason
Zimmerman, Associate Planner/Grant Writer Emily Goellner and Administrative Assistant
Lisa Wittman. Member Nelson was absent.
I. Approval of Minutes – December 27, 2016, Regular Meeting
MOVED by Maxwell, seconded by Perich and motion carried 3 to 2 to approve the
minutes as submitted. Kluchka and Orenstein abstained.
II. The Petition(s) are:
1401 Winnetka Avenue North
Luis Hector Perez Silva, Applicant
Request: Waiver from Section 11.21, Single Family Zoning District, Subd. 12
(B) Height Limitations
•2 ft. over the 10 ft. of height allowed for a total height of 12 ft.
Purpose:To allow for the recently constructed shed to remain 12 ft. tall.
Zimmerman referred to photos of the property and explained that in September of
2015, the applicant applied for a building permit to build a shed. The Building Official
approved the plans for the shed, but noted on the permit that the wall height could not
exceed 10 feet. In May of 2016, it was brought to the City’s attention that the shed was
constructed 12 feet tall instead of the allowed 10 feet. Since then, the City has been
working with the applicant to resolve the issue, and the applicant has received several
administrative citations, but the shed is still out of compliance so now the applicant has
decided to apply for a variance to allow the shed to remain 12 feet tall. Zimmerman
noted that if the variance is not granted, the applicant will have two weeks to make the
shed compliant or else pay the second fine that is currently pending. After that the
matter will be turned over to the City Attorney.
Zimmerman referred to the Zoning Code’s definition of height limitations for accessory
structures which reads as follows: No accessory structure shall be erected in the R-1
Zoning District to exceed a height of one (1) story, which is ten (10) feet from the floor
to the top horizontal member of a frame building to which the rafters are fastened,
Minutes of the Golden Valley Board of Zoning Appeals
January 24, 2017
Page 2
known as the top plate. He stated that the applicant has said that he needs the
additional height to store equipment for his subcontracting business. The applicant has
also stated that he can install a “double plate” 10 feet up the 12 foot wall in order to
address the issue, however Planning and Inspections staff agree that this solution
would not meet the Zoning Code requirement.
Zimmerman reviewed the points of examination used when considering variances and
stated that the shed does constitute a reasonable use. However, there are no
circumstances unique to the property which would require a 12 foot tall shed, granting
the variance would alter the essential character of locality, and there are other options
available to reach compliance. Therefore, staff is recommending denial of the
requested variance.
Maxwell stated that the need for this variance was caused by the landowner, so if the
applicant would have asked for a variance before the construction of the shed the City
and the applicant wouldn’t be in this situation. Zimmerman said that is correct and in
fact, the shed was completed after the applicant was told to lower the height.
Perich questioned if the shed were not attached to the garage if it would still be
considered an accessory structure. Zimmerman said it is still an accessory structure,
but attaching the shed to the garage makes it part of the garage instead of a second
detached accessory structure.
Perich asked about the total square footage of the garage/shed. Zimmerman said he
believes it is under the 800 square feet of allowed detached accessory structure space.
Luis Hector Perez Silva, Applicant, referred to his building permit application and his
variance application and said that he has stated from the beginning that he was going to
build the shed 12 feet tall. He stated that in 2008, an inspector stopped by his property
without notice and said he should not be storing tools and equipment outside and that his
property should be cleaned up for the benefit of the City. He referred to an engineering book
and discussed a section on “fixed base gable frames.” Perich explained that the Board isn’t
discussing the definition of what a gable frame is, or the engineering of the shed, their job is
to consider the 2 foot height variance in question. Silva stated that no one understands what
he is talking about structurally. He said he can fix the walls of the shed and make them 10
feet tall but he has never been able to explain to anyone what he is talking about structurally
and that the pictures the Board has been shown make no sense and are not right. He added
that the 12 foot tall wall will be much weaker if it is shorter and asked who he should speak
to about the structural issues. He referred to photos of the shed and explained how he wants
to put in a double top plate 10 feet up on the 12 foot wall which will make the walls 10 feet in
height.
Johnson asked the applicant if the rafters are attached to a plate that is 10 feet from the
floor. He referred to the height definition and noted that it defines the allowed height as 10
feet from the floor to the top plate to which the rafters are fastened. Silva discussed gables
and the fasteners he used and said he built the shed to be as strong as possible with balloon
walls.
Minutes of the Golden Valley Board of Zoning Appeals
January 24, 2017
Page 3
Perich asked the applicant why he can’t build the shed how the City is requesting him to
build it. Silva said he built the shed the way he did because he knows it is the best way and
the strongest way to build it. He said he makes his living with a final product and by
experience he knows this is the best way to build it.
Perich asked the applicant if he lives at this property. Mr. Silva said yes.
Perich opened the public hearing.
Roger Mcconico, 1325 Winnetka Avenue North, said the applicant does not live at the
subject property. He said his main objection is that the applicant is running a business out of
his house and has an 18 or 20 foot long dumpster on his driveway. He noted that there are
at least three other people in the area that have similar businesses as the applicant, but he
never sees their equipment or vehicles stored on their properties. He said he thinks more
stuff will just be brought to this property and he’s concerned about their property values
going down because of it.
Seeing and hearing no one else wishing to comment, Perich closed the public hearing.
Johnson asked for clarification because it almost seems like the height definition allows a
wall greater than 10 tall as long as the rafter is attached at the 10 foot level. Zimmerman said
he has talked with the Building Official about a wall being capped at 10 feet but then allowing
an additional 2 feet above that. He explained that that has not been staff’s interpretation or
the intent of the definition for height. He added that the roof can be taller than 10 feet, but
the walls are limited to 10 feet in height.
Kluchka noted that the Planning Commission has had many discussions about the issue of
height. He said he doesn’t think this case is an issue of technicalities, it is an issue of
visibility, aesthetics, and the building envelope. He noted that the shed could be modified so
that one wall is 10 feet tall and the other walls are 8 feet tall.
Zimmerman noted that the applicant has stated that his building permit application said the
shed would be built 12 feet tall so he should be allowed to build it 12 feet tall, but it was
noted on the building permit and in the plan review that the height of the shed needed to be
modified to be 10 feet tall. Maxwell asked if the applicant was told in the beginning that he
could apply for a variance. Zimmerman said when he was first made aware of the issue he
talked to the applicant and the applicant said it would be no problem to change his plans and
make the shed conform to the Zoning Code requirements.
Johnson asked if the shed was built how is was shown on the building permit application.
Zimmerman said he thinks they are similar. Kluchka said he doesn’t think the drawing is
what was ultimately built.
Perich referred to the criteria the Board uses when considering variances. He said he thinks
having a shed is reasonable, but he is struggling to find any unique circumstances not
caused by the landowner. He said he also thinks the shed alters the character of the locality
because it sticks up above the garage.
Minutes of the Golden Valley Board of Zoning Appeals
January 24, 2017
Page 4
Johnson said there could be a loophole in the way the definition of height is worded, but the
City has been consistent with its interpretation so he is not inclined to approve the requested
variance. Kluchka agreed.
Maxwell stated that one of the criteria the Board considers it that the need for a variance isn’t
caused by the landowner and that is a problem when someone builds something first and
then asks for a variance after the fact, so he can’t support his variance request.
MOVED by Maxwell, seconded by Johnson and motion carried unanimously to deny the
requested variance.
Perich informed the applicant that he can appeal the Board’s decision to the City Council.
1315 Angelo Drive
Jim Klem Construction Inc, Applicant
Request: Waiver from Section 11.21, Single Family Zoning District, Subd. 11
(B) Height Limitations
•5.5 ft. over the 25 ft. of height allowed for a total height of 30.5 ft.
Purpose:To allow for the recently constructed rooftop access to remain 30.5 ft.
tall.
Goellner reminded the Board that they’ve seen variance requests for this property twice
in the past. The first variance granted in June was for 3.5 feet over the maximum
allowed height of 25 feet. The second variance was granted in August for the same
height, but a larger rooftop access room. She referred to the site plans and explained
that the house is currently under construction and that the contractor made adjustments
to the roof plans and the parapet wall after the variances were approved so the
applicant is now seeking a variance to allow the recently constructed rooftop access to
remain 30.5 feet tall.
Goellner noted that the applicant’s stated unique circumstances include that a change
to the architectural plans was necessary for structural support, proper water runoff from
the roof, and the fact that the rooftop access room is not easily visible from Angelo
Drive because it is set back 24 feet from the front property line, in the center of the
home.
Goellner stated that staff is recommending approval of this variance request because
there are conflicting regulations in the Zoning Code regarding height and building
envelope requirements. The rooftop access room fits within the building envelope, but
does not meet the height requirements. She stated that in this case the need for a
variance is not the fault of the landowner, the unique circumstance is the conflict in the
Zoning Code. She added that the rooftop access room does not alter the essential
character of its locality, the visual impact is minimized by the location of the rooftop
Minutes of the Golden Valley Board of Zoning Appeals
January 24, 2017
Page 5
access room in the center of the property and it constitutes a reasonable use of the
property.
Johnson stated that the Planning Commission has heard many resident concerns about
new construction/subdivisions that have contributed to flooding problems and asked if
the City has any liability if the Board grants this variance for an architectural issue that
they’ve identified as a problem. Zimmerman clarified that in this case the issue is with
water running off of the roof, not off of the site. Johnson asked if the City agrees that
this change in the slope of the roof will fix the problem. Zimmerman stated that the
Inspections Department is comfortable with the sloped roof.
Jim Klem, Jim Klem Construction Inc, Representing the Applicant, said he constructed
the rooftop access room with a sloped roof rather than the flat roof shown by the
architect in order to get proper water runoff. He said he tried to minimize the slope to
respect the design and the City’s height regulations and that he didn’t realize he would
need a variance.
Orenstein noted that this is the third variance request for this property and asked that
applicant if they are plans for any more. Klem said no.
Perich opened the public hearing.
Cathie Corcoran, 1330 Angelo Drive, said this will be a beautiful house and the rooftop
access room sits back from the front of the property so it won’t be an issue. She stated
that the variance requests for this property have been for misunderstandings with the
code itself so there should be some leeway in this case. She said she approves of this
request and considers it an asset.
Kluchka said he is glad to see this house being built. He stated that this hasn’t changed
the building envelope topic, but it changes the height numbers allowed in the Zoning
Code. He added that this proposal follows the intent of the original variance request so
he is supportive of this proposal.
Perich agreed and said the request is reasonable, it is not directly caused by the land
owner, and it is not changing the character of its locality. He added that if the house had
a pitched roof it could be taller than what is proposed without the need for variances so
he is supportive of the variance requested. Orenstein agreed.
Maxwell said he is disappointed that another variance has been requested for this
property after the structure has already been built but he is persuaded that there is a
conflict in the in the Code regarding height. Johnson agreed.
MOVED by Perich, seconded by Johnson and motion carried unanimously to approve
the variance request for 5.5 ft. over the 25 ft. of height allowed for a total height of 30.5
ft. to allow for the recently constructed rooftop access to remain 30.5 ft. tall.
Minutes of the Golden Valley Board of Zoning Appeals
January 24, 2017
Page 6
III. Other Business
Discussion of 2016 Board of Zoning Appeals Annual Report
Goellner referred to the 2016 BZA Annual Report which summarizes the variances
requested in 2016 as well as variances over the past five years. She discussed some of
the highlights in the report which include: the total number of variances, variance requests
by type and area, and BZA decisions (approved, denied, or tabled requests).
Perich said he would like to know how many variance requests were modified by the
Board before they were approved. Goellner said she could add that information to the
report. She added that in the spring, the Chair will have an opportunity to present the
report to the City Council. Orenstein asked if there will be a chance to talk to the City
Council about the criteria the Board uses when considering variances. Goellner said yes,
but added that the City is bound by the requirements in state statute.
IV. Adjournment
The meeting was adjourned at 8:10 pm.
_______________________________________________________
David Perich, Chair Lisa Wittman, Administrative Assistant
POLICE CIVIL SERVICE COMMISSION
7800 Golden Valley Road – Golden Valley, MN 55427
MEETING
Monday, November 21, 2016 – 12:00 PM
Public Safety Building Conference Room
MINUTES
Call to Order
Attendance/Roll Call
The meeting was called to order by Chair Kumagai at 12:04 PM. Present at the meeting were Commissioners
Gloria Kumagai, Ralph Schulz and Andrew Wold; Police Chief Jason Sturgis, Commander Steve Johnson and
Administrative Assistant Amanda Johnson.
Approval of Minutes of June 30, 2016
Commissioner Schulz moved to approve the meeting minutes from June 30, 2016; seconded by Commissioner
Wold. The June 30, 2016 minutes were approved by consensus.
Approval of Police Officer Eligibility Register
Chief Sturgis advised 134 applications were received for the police officer position. Approximately 100
candidates were invited to participate in the written test. Approximately 60 candidates were then invited to take
the PT test and 40 of those were invited to the first round of interviews. Final interviews were conducted with
17 candidates. Of those 17 candidates, 8 were selected to be placed onto the police officer eligibility register,
which was presented to commissioners for approval.
Chief Sturgis advised one candidate from the last eligibility register is currently in the field training program
and another candidate was unable to complete the field training program, but accepted a community service
officer position with the City of Golden Valley instead. There are currently two open police officer positions.
Commissioner Schulz inquired whether the recent reports of police officers being killed nationwide have
affected officers in regards to their decisions to retire earlier than they intended. Commander Johnson said it
likely is a consideration nearing retirement, but it certainly is affecting the number of applications that are
initially received. Golden Valley routinely received 300 applications for open police officer positions, and in
recent processes only about 150 applications have been received.
Chair Kumagai inquired about the demographic information of the candidates. Chief Sturgis advised
demographic information is not requested on the application, but from participating in the hiring process phases
he is aware there were many female candidates and candidates of color. The eligibility register presented to
commissioners includes two females and one candidate of color. Chief Sturgis also advised several candidates
on the register have law enforcement or similar experience.
Commissioner Wold stated that adding minorities and women to the police force only serves to strengthen it,
and inquired whether the hiring process and scoring affords opportunity for those candidates to advance. Chief
Sturgis advised the interview panels are carefully constructed to ensure they include officers of differing ranks
and genders, and also officers who are involved in training new officers to ensure the panel is diverse. Chief
Sturgis advised the interview scoring is subjective, but panel members have usually been part of each step in the
hiring process and have been able to familiarize themselves with the candidates based on their observations and
informal conversations along the way.
Police Civil Service Commission Meeting Minutes
November 21, 2016 – Page 2
Commissioner Wold inquired how police administration strives to avoid implicit bias when selecting candidates
to advance in the hiring process. Chief Sturgis advised candidates who would have not been considered five
years ago (due to varying concerns over life skills, drug/alcohol use, etc) are now being considered and sent for
psychological testing so a professional can weigh-in on the likelihood of success in the police officer role.
Chief Sturgis advised finding diverse candidates is a priority for administration.
Commissioner Wold inquired whether the register scores for the candidates are intentionally listed one point
apart and Chief Sturgis advised the scores reflect the outcome after the final interview and are not an
accumulation of points the candidate has earned throughout the process.
Commissioner Wold moved to approve the police officer eligibility register; seconded by Commissioner
Schulz. The police officer eligibility register was approved by consensus.
Other Business
Chief Sturgis advised the department is participating in Toys for Tots again this year. Staff will also be
participating in the Shop with a Cop program, where officers and staff solicit donations from friends and family
to sponsor a shopping trip for students from Noble Elementary School who may not receive presents this
holiday season. Staff members pre-buy gifts for the children and then take them shopping at Target to purchase
gifts for their family members. The event wraps up at the police department where the kids are treated to a
pizza party and are able to help wrap the gifts to take home to their families.
Closing Comments
There were no closing comments.
Adjournment
Commissioner Schulz moved to adjourn the meeting; seconded by Commissioner Wold. The meeting was
adjourned at 12:47 PM.
Respectfully submitted,
Andrew Wold, Secretary
GOLDEN VALLEY ENVIRONMENTAL COMMISSION
Regular Meeting, Minutes
December 19, 2016
Commissioners Present: Lynn Gitelis, Dawn Hill, Tonia Galonska, Tracy Anderson, Jim
Stremel, and Larry Johnson
Staff Present: Eric Eckman, Public Works Specialist and Hannah Garry, GreenCorps
Member
Absent: Council Member Larry Fonnest
Call to Order
Lynn Gitelis called the meeting to order at 6:30 pm.
Approval of Regular Meeting Minutes November 26, 2016.
NO MOTION. NOT APPROVED. Corrections will be made and the revised minutes
will be presented at the next scheduled meeting on January 23, 2017.
Resilience and Sustainability Plan Update
Eckman reviewed with the Commission the outline for the existing conditions
assessment which will detail the community’s risk and vulnerability to a variety of acute
and chronic stressors. The results of the assessment will be brought before the
Commission in early 2017.
Best Practice 29 Climate Adaption and Community Resilience Action 5, 2 Star
Rating – Assess City Owned Buildings and Sites for Vulnerabilities to extreme
weather
Garry provided the Commission with an overview of best practice 29, action 5 and the
City’s proposed website entry that meets the 2-star rating. The Commission suggested
minor revisions including removing the language regarding the municipal-owned power
lines.
MOVED by Hill SECONDED by Stremel and the motion carried unanimously to
Approve Best Practice 29 Climate Adaption and Community Resilience Action 5, 2
Star Rating – Access City Owned Buildings and Sites for Vulnerabilities to
Extreme Weather.
GreenStep Cities Inventory – Best Practices 10, 16, 18 and 26
Garry provided the Commission with an overview of Best Practices 10, 16, 18, and 26.
The Commission suggested minor revisions. Best Practice #10 to include wetland
information describing banked and credit acreage and the calculation per resident of the
forestry expenditures. Best Practice #16 to be more specific of industry tree and shrub
planting practices. Best Practice #16 be more specific on the 10-20-30 forestry general
rule of thumb description. Best Practice #18 to insert the 2016 population.
MOVED by Hill SECONDED by Johnson and the motion carried unanimously to
Approve GreenStep Cities Inventory – Best Practices 10, 16, 18 and 26.
Minutes of the Environmental Commission
December 19, 2016
Page 2 of 2
Program/Project Updates
Staff reviewed with the Commission the Program/Project Updates for December,
including an energy update on Solar, Lighting and Buildings. The Commission inquired
as to an update on the Blue Line which is now in the engineering phase of the project.
Commission Member Council Reports
None at this time.
Council Updates
None at this time.
Other Business
The Commission requested staff to include all Environmental Commission minutes to
the City Council monthly.
The Commission discussed the 2017 meeting dates and did not make changes at this
time.
Adjourn
MOVED by Johnson, SECONDED by Anderson and the motion carried to adjourn
the meeting at 8:30 pm.
__________________________
Sue Schwalbe
Administrative Assistant
GOLDEN VALLEY ENVIRONMENTAL COMMISSION
Regular Meeting, Minutes
January 23, 2017
Commissioners Present: Lynn Gitelis, Dawn Hill, Debra Yahle, Tonia Galonska, Tracy
Anderson, Jim Stremel, Larry Johnson, and Council Member
Larry Fonnest
Staff Present: Eric Eckman, Public Works Specialist and Hannah Garry, GreenCorps
Member
Call to Order
Lynn Gitelis called the meeting to order at 7:00 pm.
Approval of Regular Meeting Minutes November 28, 2016.
MOVED by Hill SECONDED BY Stremel and the motion carried unanimously to
Approve the November 28, 2016 Minutes.
Approval of Regular Meeting Minutes December 19, 2016.
MOVED by Hill SECONDED BY Stremel and the motion carried unanimously to
approve the AMENDED December 19, 2016 Minutes. Commissioner Debra Yahle
was not present at meeting.
Resilience and Sustainability Plan Update (Great Plains Institute Presentation)
Great Plains Institute (GPI) presented a draft assessment to the Commission. Two
representatives from GPI were present to share information, gather input, and answer
questions. Discussion will be on existing City conditions. Included in the draft plan were
the following:
Vulnerability Assessment Summary:
•Natural Infrastructure: Trees & Native Plants. It is recommended the City review
the tree replacement policy as the tree replacement is well behind the tree
planting policy.
•Natural Infrastructure: Water Quality & Supply. The City receives water from
Minneapolis which in turn receives its water from the Mississippi River; this is a
strength for the City.
•Built Infrastructure: Areas in Floodplain. A large area of Golden Valley flows into
Bassett Creek and this should be a primary concern to the City.
•Built Infrastructure: Sewers, Water, Roads, and Bridges. The first item of concern
is the age of the built infrastructure. The City expects 100% of roads to be
reconstructed to City standards by 2022 by means of the Pavement Management
Program. Infrastructure maintenance will coincide with the reconstruction of
roads.
•Vulnerable Populations: Extreme Weather & Flooding
•Vulnerable Populations: Extreme Heat & Air Quality
•Vulnerable Populations: Vector-Borne Disease. Ticks and mosquitoes are a
weakness; however Golden Valley has a low incidence of these diseases. The
Commission questioned if the deer population is a part of this report and staff
indicated the City has a program for deer population.
•Economic Vulnerability: Community Wide.
•Economic Vulnerability: Resident Level. The lack of access to a vehicle is a
vulnerability issue.
Minutes of the Environmental Commission
January 23, 2017
Page 2 of 2
•Climate Mitigation: Electricity Consumption. The City has many renewable
energy opportunities. Great Plans has dollars to aid the City in developing this
data. Ground base solar will be included in the final report.
•Climate Mitigation: Renewable Energy Opportunities
Staff explained this presentation is a draft. The final draft presentation will have better
graphic design and color schemes will be uniform. Also, staff will review color tones so
that they are distinguishable for color blind residents. Staff will also review the size of
text throughout the document. This presentation will be brought before the Commission
again in March 2017 and will become a permanent chapter in the Comprehensive Plan
under resilience and sustainability.
Program/Project Updates
Beginning January 23, 2017 the City will be conducting a resident survey. This
information will be promoted via the City’s webpage, social media and newsletter. The
key element in the survey is the City’s plan for community engagement strategy. This
survey will be used to assist and determine the community’s resilience and
sustainability related goals and will be incorporated in the final Resilience and
Sustainability plan.
Garry is working with City employees on an Energy Survey. Staff is in the process of
analyzing data. This Energy Survey can be used by other communities and/or Cities as
a model for changing behavior. Also, Staff reported the City wide pond assessment has
been completed.
Commission Member Council Reports
None at this time.
Council Updates
Council Member Fonnest reported on the bike task force and legislative priorities. The
City Council will be working on a number of goals for 2017
Other Business
Commission requested staff to provide a Great Plains update at next meeting and
Council to list City Council goals.
Adjourn
MOVED by Hill, SECONDED by Anderson and the motion carried to adjourn the
meeting at 8:30 pm.
_________________________________
Sue Schwalbe
Administrative Assistant
Golden Valley Human Services Fund (GVHSF) Meeting
Minutes
November 14, 2016
Present:Denise La Mere-Anderson,Aaron Black, Hilmer Erickson, Kathryn Frommer, Peder
Hanson, Alan Ingber, Scott Charlesworth-Seiler Also present: Brian Erickson, Staff Liaison.
Absent:Elissa Heilicher, Andrea Mac Arthur, Sarah Meyerring and Toots Vodovoz
Call to Order: La Mere-Anderson called the meeting to order at 6:45 pm.
Agenda Changes or Additions:No changes or additions to the agenda.
October 12 Minutes:Charlesworth-Seiler moved and Black seconded the motion to approve the
minutes from October 10.The motion passed unanimously.
Applications for Funding:Members discussed the applications and reviewed the agency
presentations. After discussion the following decision was made:
Allocations for 2017:
Agency Request Recommended allocation
Canvas Health/Crisis Connection $2,200 $2,000
Crisis Nursery $2,500 $2,500
Dinner At Your Door $8,000 $8,000
PRISM $12,000 $11,000
Senior Services HOME $5,000 $5,000
Senior Services Outreach $3,000 $3,000
Sojourner Project $7,000 $7,000
The Bridge for Youth $5,000 $5,000
TreeHouse $5,000 $2,050
YMCA – New Hope $5,000 $5,000
HUG $5,000 $5,000
ResourceWest $5,000 $4,450
TOTAL $64,700 $60,000
Agencies will be directed to use the funds for program costs for Golden Valley residents, when
possible.
Motion passed unanimously.
La Mere-Anderson invited members to attend the December 6 council meeting when she will present
the annual report and ask for approval of the recommendations.
Other Business:
Solicitation Letter:Erickson passed out the proposed letter to the members and asked for any
feedback. The goal is to have the letter in the mail by early December. There was some discussion
about the possibility of having an online option for people to donate.
2017 meeting dates:The 2017 meeting dates were distributed. Due to the Ice Cream Social on
Monday, July 11, the July Meeting has been moved to Tuesday, July 12.
Run the Valley:
T-Shirt selection:Erickson will work with the city’s graphic designer to submit a couple design options
at the next meeting.
Golden Valley Community Foundation:Erickson asked for feedback about the possibility of moving
the current run or doing a different run during the Golden Valley Music and Arts Festival. After some
discussion, it was decided that it would not be a good fit and not interested in pursuing the idea.
La Mere-Anderson announced the next meeting will be held on Monday, January 9 at 6:45 pm.
Adjournment:Charlesworth-Seiler moved to adjourn the meeting, Black seconded the motion. The
meeting was adjourned at 7:33 pm.
Respectfully submitted,
Denise La Mere-Anderson, GVHSF Chair Brian Erickson, Staff Liaison
Golden Valley Human Services Fund (GVHSF) Meeting
Minutes
January 9, 2017
Present:Denise La Mere-Anderson,Aaron Black, Kathryn Frommer, Peder Hanson, Elissa Heilicher,
Alan Ingber, Andrea Mac Arthur and Scott Charlesworth-Seiler. Also present: Brian Erickson, Staff
Liaison.
Excused Absence:Hilmer Erickson, Sarah Meyerring and Toots Vodovoz
Call to Order: La Mere-Anderson called the meeting to order at 6:47 pm.
Agenda Changes or Additions:No changes or additions to the agenda.
November 9 Minutes:Ingber moved and Heilicher seconded the motion to approve the minutes from
November 14.The motion passed unanimously.
Run the Valley – April 29, 2017
T-Shirt:Logo designs were presented and a logo was selected for Run The Valley 2017, with a
modification. A recommended shirt color was chosen.
Solicitation for Funding: Members volunteered to contact businesses regarding supporting the event.
Letters were mailed to local businesses, asking them to be a sponsor, and members will follow-up.
Volunteers:A sign-up sheet was distributed to GVHSF members and people put their names down
for shifts and positions.
Marketing/Publicity:Erickson reported that registration is open for Run The Valley on the City of
Golden Valley website. He is also working with communications with promotional materials.
Calendar Review:The 2017 meeting dates and events were distributed and approved for 2017.
Other Business:
Council meeting:La Mere-Anderson reviewed the December 6
th Council meeting. The Council
approved the allocation recommendations and thanked the GVHSF for their hard work throughout the
year.
Member resignation: Erickson stated that Peggy Watkins has resigned from GVHSF.
Solicitation letter: Erickson stated that $7,520.00 has been received as of December 30, 2016.
Member Roster: The updated roster was distributed.
La Mere-Anderson announced the next meeting will be held on Monday, February 13 at 6:45 pm.
Adjournment:Frommer moved to adjourn the meeting, Ingber seconded the motion. The meeting
was adjourned at 7:25 pm.
Respectfully submitted,
Denise La-Mere Anderson, GVHSF Chair Brian Erickson, Staff Liaison
city 0
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Executive Summary For Action
Golden Valley City Council Meeting
March 7, 2017
Agenda Item
3. E. 1. Purchase Truck Mounted Tack Sprayer
Prepared By
Bert Tracy, Public Works Maintenance Manager
Tim Kieffer, Street Maintenance Supervisor
Summary
The 2017-2021 Capital Improvement Program includes $60,000 for one truck -mounted tack
sprayer (V&E-126, page 39).
Unit number 775 distributor/tack sprayer is a 2007 tack sprayer. The tack sprayer is utilized to
apply tack oil to the road surface before the final lift is paved. Using tack oil increases the overall
strength of the road by binding the base and wear courses together. The increased productivity
of in-house mill and overlays has made the existing tack sprayer obsolete. A bigger tank and spray
bar is required for staff to maximize paving efficiency.
The Minnesota Materials Management Division has awarded the following contracts:
Contract No.
Item
Vendor
Amount
116255
Stepp STRD-150-600D Oil
Distributor/Tack Sprayer
Stepp Manufacturing Co.
$62,671
Total Purchase
$62,671
Trade in 2007 Bomag Tack Trailer
$ 1,500
REMITTANCE TO VENDOR
$61,171
The purchase of this Truck Mounted Tack Sprayer is over budget by $1,171. The difference will be
paid from the Vehicles and Equipment CIP for the Streets Department where savings on other
purchases will offset this overage.
Recommended Action
Motion to approve the purchase of a STRD-150-600D Oil Distributor/Tack Sprayer for the total
purchase price of $61,171.
Executive Summary For Action
Golden Valley City Council Meeting
March 7, 2017
Agenda Item
3. E. 2. Purchase Asphalt Hot Box
Prepared By
Bert Tracy, Public Works Maintenance Manager
Tim Kieffer, Street Maintenance Supervisor
Summary
The 2017-2021 Capital Improvement Program includes $45,000 for one truck-mounted asphalt
hot box (V&E-099, page 34).
Unit number 786 asphalt hot box is a 2009 hot box. The asphalt hot box is required to keep
asphalt hot enough to be used for pothole patching.
The Minnesota Materials Management Division has awarded the following contract:
Contract No. Item Vendor Amount
116255 Stepp SSPH-H-2.0 Hook Mounted
Hot Box
Stepp Manufacturing Co.$30,737
Total Purchase $30,737
Trade in 2009 Stepp 4.0 Hot Box $ 5,500
REMITTANCE TO VENDOR $25,237
Recommended Action
Motion to approve the purchase of a SSPH-H-2.0 Hook Mounted Asphalt Hot Box from Stepp
Manufacturing Co., Inc. for a total purchase price of $25,237.
Executive Summary For Action
Golden Valley City Council Meeting
March 7, 2017
Agenda Item
4. A. Public Hearing for Trunk Highway 55 West Public Improvement Project No. 15-22
Prepared By
Jeff Oliver, PE, City Engineer
Summary
In April 2015, a Tax Increment Financing Renewal and Renovating District was established as part
of the Development Agreement with Golden Villas to fund infrastructure improvements in the
area to enhance the attractiveness and safety for businesses and residents. A portion of the tax
increment generated will be used for public improvements including the reconstruction of the
Highway 55 intersection with Decatur Avenue North and Golden Valley Road, the installation of
sidewalk along both sides along both sides of the project corridor, and pedestrian street lighting.
At the January 5, 2016, Council meeting, the City Council directed staff to prepare a feasibility
report for the Highway 55 West Public Improvement Project. The proposed project includes
improving corridor safety by installing sidewalks and reconfiguring the intersection of Decatur
Avenue North, Golden Valley Road, and Trunk Highway 55. The streets included in the project are
shown on the attached project location map.
The feasibility report for these projects has been prepared by the consulting engineering firm of
Short Elliott Hendrickson, Inc. and will be presented at the public hearing. The feasibility report
outlines a project that includes installing sidewalk along both sides of the project corridor and
pedestrian facility upgrades. The project also includes reconstructing the right-in/right-out
intersection at Decatur Avenue North, Golden Valley Road, and Trunk Highway 55 to create a T-
style intersection improving safety and traffic flow.
The estimated total project costs are as follows:
Street = $1,651,874.68
Storm = $ 36,750.00
Water = $ 34,500.38
Sanitary = $ 105,000.00
Total = $ 1,828,125.06
Included in the street project cost total are all costs associated with sidewalk installation as well
as overhead utility burial. The project will be financed by selling Chapter 429 Bonds and
recovered through special assessments and tax increment financing. The summary below shows
the breakdown of special assessments and tax increment financing:
Special Assessments = $ 551,687.90
Tax Increment Financing = $ 1,276,437.16
Project Total = $ 1,828,125.06
The special assessments for the proposed project are based on the Special Assessment Policy and
fee resolution with rates of $81.71 per foot of street frontage for multi-family residential
properties and $99.21 per foot for all other zonings.
Following authorization of the Highway 55 West Public Improvement Project, the anticipated
project schedule is as follows:
Advertise Project June 2017
Open Bids July 2017
Award Contract July 2017
Begin Construction August 2017
Project Completion Fall 2017
Attachments
•Project Location Map (1 page)
•Feasibility Report, TH 55 West Redevelopment, dated March 1, 2017 (22 pages)
•Resolution Ordering Construction of Certain Proposed Public Improvements and Authorizing
Advertisement for Bids for City Project 15-22, Highway 55 West Public Improvement Project
(1 page)
Recommended Action
Motion to adopt Resolution Ordering Construction of Certain Proposed Public Improvements and
Authorizing Advertisement for Bids for City Project 15-22, Highway 55 West Public Improvement
Project.
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PHONE:55ADN'A S CENTER DR. 15-22 TFi 55 WEST REDEVELOPME EXHIBIT
= SEH ST. MN 55110-5196 DATE: GOLDEN VALLEY, MINNESOTA NO. 1
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Feasibility Report
TH 55 West Public Improvements
City of Golden Valley, Minnesota
City Project No. 15-22
SEH No. GOLDV 136756 4.00
March 1 , 2017
1
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SEH
Building a Better World
for All of Us*
Engineers I Architects I Planners I Scientists
TH 55 West Public Improvements
Feasibility Report
City of Golden Valley, Minnesota
City Project No. 15-22
SEH No. GOLDV 136756
March 1, 2017
1 hereby certify that this report was prepared by me or under my direct supervision,
and that I am a duly Licensed Professional Engineer under the laws of the State of
Minnesota.
T/nothi Jti
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Project Eee
Date: March 1, 2017 Lic. No.: 53106
Reviewed By: Date: March 1, 2017
u n M. Mason, PE
Short Elliott Hendrickson Inc.
3535 Vadnais Center Drive
St. Paul, MN 55110-5196
651.490.2000
l/
SEH
Table of Contents
Certification Page
Table of Contents
Page
1.0 Introduction.............................................................................................................1
1.1 Project Legal Description..................................................................................................1
2.0 Existing Conditions ................................................................................................1
2.1 Public Utilities...................................................................................................................1
2.2 Private Utilities..................................................................................................................2
2.3 Streets..............................................................................................................................2
2.4 Pedestrian Facilities.........................................................................................................3
2.5 Street Lighting ..................................................................................................................3
3.0 Proposed Improvements........................................................................................3
3.1 Public Participation...........................................................................................................3
3.2 Right of Way.....................................................................................................................3
3.3 Public Utilities...................................................................................................................3
3.3.1 Sanitary Sewer and Water Main..........................................................................3
3.3.2 Storm Sewer and Storm Water Management.....................................................4
3.4 Private Utilities..................................................................................................................4
3.5 Pedestrian Facilities.........................................................................................................4
3.6 Intersection Improvements...............................................................................................4
3.7 Tree and Landscape Impacts...........................................................................................5
3.8 Lighting.............................................................................................................................5
3.9 Traffic Signal Improvements.............................................................................................5
4.0 Estimated Costs and Project Financing................................................................5
4.1 Estimated Project Costs...................................................................................................5
4.2 Proposed Project Financing.............................................................................................5
4.2.1 TIF Funding.........................................................................................................6
4.2.2 Special Assessments..........................................................................................6
4.3 Financing Summary..........................................................................................................6
5.0 Summary and Recommendations..........................................................................6
5.1 Pedestrian Facility Improvements....................................................................................6
5.2 Intersection Improvements...............................................................................................6
5.3 Traffic Signal Improvements.............................................................................................7
5.4 Private Utilities Relocation................................................................................................7
6.0 Recommendations..................................................................................................7
SEH is a registered trademark of Short Elliott Hendrickson Inc.
Feasibility Report GOLDV 136756
Page
Table of Contents (Continued)
List of Exhibits
Exhibit 1 —Location Map
Exhibit 2A—Proposed Project Layouts
Exhibit 2B—Proposed Project Layouts
Exhibit 2C—Proposed Project Layouts
List of Appendices
Appendix A Summary of Property Owner Meetings
Appendix B Preliminary Assessment Roll
GOLDV 136756 Feasibility Report
Page ii
March 2017
Feasibility Report
TH 55 West Public Improvements
Prepared for the City of Golden Valley
1.0 Introduction
Several of the existing properties along Golden Valley Road are in different stages of
redevelopment. These properties include construction of the new Hello Apartment building,
Cornerstone Creek housing facility, and Schuett Companies senior living facility. The City of
Golden Valley has a Tax Increment Financing (TIF) District for this redevelopment and is
proposing to make additional improvements along the corridor to improve safety and
accessibility. The proposed improvements include the addition of sidewalk, street lighting,
burial of the existing overhead power lines, and the reconfiguration of the Golden Valley
Road/Decatur Avenue intersection as well as the right-in/right-out intersection of Golden
Valley Road at TH 55.
On January 6, 2016, the City Council authorized preparation of this feasibility report for the
improvements described above. The feasibility report improvement area is illustrated on
Exhibit 1: Project Location Map. This feasibility report will discuss the area proposed for new
sidewalk and lighting, the existing and proposed location of private utilities, including the
proposed undergrounding of the overhead power lines. In addition, this report will discuss the
right in, right out access proposed at TH 55 and Decatur Avenue North and Golden Valley
Road. Along with design discussion and figures, estimated project costs and the proposed
financing will also be presented.
1.1 Project Legal Description
All properties in the SW '/of Section 30, Township 118, and Range 21; within the City of
Golden Valley, Hennepin County, Minnesota, that are adjacent to the following streets:
• Golden Valley Road from Mendelssohn Avenue North to TH 55
• Decatur Avenue North from Golden Valley Road to 7th Avenue North
• 7th Avenue North from Decatur Avenue North to Boone Avenue North
2.0 Existing Conditions
2.1 Public Utilities
The water main and storm sewer systems in the project area are not expected to be
improved, except for minor hydrant relocation and storm sewer that will need reconstruction
due to the reconfiguration of the access to Golden Valley Road at TH 55.
The existing sanitary sewer system within the project area is comprised of local lateral
sewers that were constructed in the late 1950's and 1960's. These lateral sanitary sewer
mains are constructed with 12" reinforced concrete pipe as well as 9"vitrified clay pipe.A
GOLDV 136756
Page 1
closed circuit television inspection was performed on all of the City's sanitary sewer mains
within the project area as part of the preliminary project design.This inspection was intended
to locate the extent and severity of the defects to the sanitary sewer system to determine if
repairs are needed as part of this improvement project.
2.2 Private Utilities
An investigation regarding the type, location and depth of private utilities in the area was
conducted due to concern for potential impacts of the proposed sidewalk project. First, a
Gopher State One Call request was submitted for field locations. The underground utility
facilities were located by private companies in the project area and the information was
gathered by an SEH field survey. Field potholing was also conducted in marked areas due to
the amount of cut/fill proposed by the new sidewalk construction to determine depth of the
private utilities. The results of the potholing revealed variable utility depths which may require
relocation due to the sidewalk construction. A private utility meeting was held on May 26,
2016 to discuss each utilities facility, impact and approach in coordinating the public
improvements and overhead power undergrounding. The following is a summary of
information reported at the meeting:
• Xcel: Xcel Energy currently has both overhead and underground utilities in the
project area. Their overhead utilities are proposed to be undergrounded as part of the
project. The underground utilities may be impacted depending on depth of
excavation. They will have to leave an existing pole on east end of Golden Valley
Road for existing overhead utilities crossing TH 55 to transition underground.
• CenturyLink: CenturyLink does not have overhead utilities in the project area. They
do have a substantial duct bank along Golden Valley Rd. with other carriers
occupying space as well. They have other minor utilities running along Decatur
Avenue and 7th Avenue(There may be room in existing duct bank for lease).
• Comcast: Comcast cable TV currently has overhead utilities on Xcel poles that will
need to be buried when poles are removed. They also have fiber running along 7th
Avenue from Boone Avenue. They are reviewing the need to potentially add to their
facilities depending on the design of the new development in area.
• CenterPoint: CenterPoint gas has existing 8" steel gas main along Golden Valley
Road & Decatur Avenue. They are not planning to replace main at this point. They
will look into possible service replacements along project corridor and notify
City/SEH.
• General Mills: General Mills has utilities along Golden Valley Rd., Decatur Ave. and
on west side of Boone Ave. Their utilities cross TH 55 in 3 locations in area of TH
55/Golden Valley Rd. intersection. All of their utilities are locatable.
• Sprint/XO/Windstream: This utility is located in the boulevard of the project area
and includes hand holes/pedestals. They will relocate utilities, hand holes&
pedestals as required to minimize impacts with sidewalk.
2.3 Streets
The streets within the project area are Municipal State Aid (MSA)streets that were originally
constructed during the 1960's with Golden Valley Road being constructed in 1991. They have
since been overlaid in 2005 with Golden Valley Road being overlaid in 2012. The current
condition of the roadway pavement is fair to good with no proposed maintenance or
rehabilitation at this time.
GOLDV 136756 Feasibility Report
Page 2
2.4 Pedestrian Facilities
The pedestrian facilities that exist today are very limited. There is currently no sidewalk along
Golden Valley Road or Decatur Avenue North. There is intermittent sidewalk on 7th Avenue
North; in front of Culver's and TruStone Financial Federal Credit Union located at the corner
of Boone Avenue and 7th Avenue North.
2.5 Street Lighting
Currently, the only street lighting is at the signal system located at 7th Avenue North and
Boone Avenue North. There is also a street light on a power pole located at the existing
intersection of Golden Valley Road and TH 55.
3.0 Proposed Improvements
This portion of the feasibility report will focus on the proposed design of the project. The
estimated project costs and project financing will be discussed later in the report. The
proposed improvements discussed in this portion of the feasibility report are shown on
Exhibits 2A through 2C:Proposed Project Layouts.
3.1 Public Participation
As part of the preliminary design process for the TH 55 West Public Improvement project,
City staff held meetings with the individual property and business owners within the project
area.
These meetings provided the property and business owners with project information as well
as a forum for the property owners to express concerns and ask questions regarding the
proposed project. The property owners were able to view the preliminary project design,
including the anticipated impacts to the boulevard and landscaping.
A summary of each meeting is included in Appendix A: Summary of Property Owner
Meetings. These summaries are an important tool for staff to identify issues that may need to
be addressed as part of the final project design.
3.2 Right of Way
The existing street right of way varies from 60 feet wide along 7th Avenue North, 66 feet wide
along Golden Valley Road and 70 feet wide along Decatur Avenue North. Temporary
easements or right of entry permission will be required in certain areas due to the grading
required by the construction of the sidewalk.A MnDOT right of way permit will be required for
the proposed grading and excavation inside of the TH 55 right of way.
3.3 Public Utilities
3.3.1 Sanitary Sewer and Water Main
As discussed earlier in this report, a television inspection of the existing sanitary sewer
system was performed during the preliminary design portion of this project. Based upon the
results of this survey, it has been determined that approximately 15%of the sanitary sewer
mains within the project are in need of repair. The nature of the defects consist of primarily
cracked pipes, allowing clear water infiltration and mineral deposit build-up. These types of
defects indicate that all of the sanitary mains can be rehabilitated by structural lining avoiding
disturbance to the existing roadway pavement. Sanitary sewer lining will be effective in
repairing the defects in most of the sewer mains, and will be effective in addressing the
infiltration issues within the City's system.
Feasibility Report GOLDV 136756
Page 3
The project will likely require minor hydrant relocations in a select areas of conflict with the
new sidewalk. No additional water main work is anticipated at this time.
3.3.2 Storm Sewer and Storm Water Management
New catch basins are proposed to be constructed at the reconfigured roadway access at
Golden Valley Road and TH 55. The new catch basins will collect the surface runoff and
discharge into the existing storm sewer system.
All of the proposed storm sewer improvements for the project area are modifications,
extensions, and/or replacements of the existing storm sewer system to fit the realignment of
the Golden Valley Road, Decatur Avenue, and TH 55 intersection.
The proposed storm drainage improvements are shown on Exhibits 2A through 2C:Proposed
Project Layouts.
The entire project area is part of the Bassett Creek Watershed, specifically the Bassett Creek
Main Stem Sub Watershed. Therefore, the construction project will be designed in
accordance with the Bassett Creek Water Management Commission(BCWMC)
Requirements for Improvements and Development Proposals. This includes the
implementation of storm water best management practices (BMP's), if feasible. The project
must be submitted to and approved by the BCWMC.
3.4 Private Utilities
The undergrounding of the overhead power in the area by Xcel Energy, will also require
Comcast to relocate underground. These new underground facilities will generally be placed
in the boulevard area or under the proposed sidewalk. Other private utility companies will
require adjustments to their existing underground facilities due to the proposed sidewalk
excavation and intersection realignment.This relocation work will be completed in the spring
of 2017. The approximate cost for the undergrounding of Xcel's overhead utilities is
$411,868.65 and will be funded by the Tax-Incremental Financing method described later in
this report.
3.5 Pedestrian Facilities
New pedestrian facilities are generally proposed for both sides of the street in the project
area. Exhibits 2A through 2C: Proposed Project Layouts illustrate the sidewalk location. In
most cases, a 6 foot sidewalk is proposed 1 foot off of the right of way line, creating a
variable width boulevard of up to 10'wide. The remaining areas have an 8' sidewalk adjacent
to the back of curb. Placing the sidewalk adjacent to the curb in these areas minimizes
grading impacts and the need for multiple retaining walls. However, there will be a need for a
retaining wall along the north side of 7th Avenue North in order to better match the existing
boulevard grade as well as lessen the impacts to the existing trees. Pedestrian facilities will
be designed in compliance with Americans with Disability Act(ADA)requirements including
appropriate pedestrian ramps and grades. There will be minor curb and pavement
replacement to accommodate installation of the pedestrian ramps.
3.6 Intersection Improvements
The intersections of Golden Valley Road/Decatur Avenue North and Decatur Avenue
North/TH 55 are proposed to be realigned and reconstructed with this project to improve
pedestrian safety and improve access to TH 55. Included with this intersection realignment is
the relocation of the Golden Valley Tire's driveway due to the existing driveway's proximity to
GOLDV 136756 Feasibility Report
Page 4
the proposed intersection. The recommended changes have been reviewed and approved by
MnDOT and are illustrated on Exhibit 2A through 2C:Proposed Project Layouts.
3.7 Tree and Landscape Impacts
An important design consideration for the project was to minimize impacts to trees and other
landscaping. However, some minor impacts still exist to shrubs and landscaping. The City's
Engineering staff has reviewed the proposed project to determine the extent of the
construction impact and direct impacts to trees and other landscaping. There are no
proposed impacts to existing trees due to the implementation of the retaining wall on 71h
Avenue North.
3.8 Lighting
New street lighting is proposed to be installed throughout the project area. Preliminary
lighting options were reviewed with City staff and a performance based system was decided
up providing the City with an affordable and efficient system. This performance based system
incorporates the use of 35 foot tall light poles with a 6 foot arm. The proposed light fixture is
an LED cobra-style luminaire which will provide more than adequate light throughout the
project area while also being energy efficient. The poles are proposed to be staggered at
approximately 205 foot intervals on alternating sides of the roadway.
3.9 Traffic Signal Improvements
The in-place traffic signal located at TH 55 and Boone Avenue North/General Mills Boulevard
is proposed to be revised as part of this project. Improvements include converting the signal
operations for the Boone Avenue North and General Mills Boulevard approaches from
protected left turns only to include"time-of-day"flashing yellow arrows. During non-peak
traffic periods, left turning traffic will have the opportunity to turn left on a green arrow and a
flashing left arrow, after yielding to oncoming traffic. The improvements also include a
northbound right turn overlap signal phase which adds a green right arrow for right turning
vehicles during the westbound TH 55 left vehicle movement.
4.0 Estimated Costs and Project Financing
4.1 Estimated Project Costs
The estimated costs for the improvements outlined in this report are separated by the
category of work and funding sources. These categories include utility work, storm drainage
improvements, lighting, underground power and sidewalk construction costs. The estimated
project costs include construction costs, construction contingencies of 5%, and an estimated
25%of the construction costs as indirect costs. The indirect costs typically include project
design, surveying, construction administration, and legal costs.
4.2 Proposed Project Financing
The proposed financing of this project is a 10 year General Obligation (G.O.) Improvement
Bond. This GO Improvement Bond is proposed to be paid back using a combination of TIF
funding and special assessments to benefitted properties abutting the streets being
improved. The following is a brief description for each of these funding sources and a
summary of the estimated amount to be funded from each source.
Feasibility Report GOLDV 136756
Page 5
4.2.1 TIF Funding
A Tax-Incremental Financing (TIF) District has been established for the redevelopment of this
area. This financing method will be put toward the GO Improvement Bond and cover all
remaining costs after the special assessments have been applied.
4.2.2 Special Assessments
The proposed special assessments for the TH 55 West Public Improvement project is
consistent with the City of Golden Valley Special Assessment Policy and Minnesota Statutes,
Chapter 429. As outlined in the Special Assessment Policy, commercial properties are
assessed on the actual street frontage being improved. The state aid assessment rate is
determined by the City Council in its annual Fee Resolution.
The assessment rate for multi-family residential properties has been established at$81.71
per foot of street frontage and all other zonings will be assessed at a rate of$99.21 per foot
of frontage.
As shown on Appendix B:Preliminary Assessment Roll, the estimated amount of project
costs to be financed through special assessments is$551,687.90. See Appendix B:
Preliminary Assessment Roll, for a breakdown of the preliminary individual property
assessment totals.
4.3 Financing Summary
The total estimated project cost is$1,828,125.06. This is proposed to be funded using a 10
year General Obligation Improvement Bond and paid back using a combination of TIF
funding and special assessments as discussed above. Included in this estimated project cost
is the cost of undergrounding Xcel Energy's existing overhead utilities.
5.0 Summary and Recommendations
This proposed TH 55 West Public Improvement Project feasibility report has been prepared
in accordance with the Golden Valley City Council's authorization on January 6th, 2016. The
proposed improvements are part of the City of Golden Valley's effort to improve safety and
accessibility for a TIF District currently being redeveloped.
This report discusses the proposed improvements to the project area illustrated on Exhibit 1:
Project Location Map. This project is anticipated to be advertised for bids in April of 2017 with
the project being awarded in June of 2017. Lastly, construction is to begin in July/August of
2017. A summary of the proposed improvements is as follows:
5.1 Pedestrian Facility Improvements
The pedestrian facility improvements proposed as part of this project include the installation
of sidewalk on both sides of the roadways. The proposed sidewalk within the project area has
been designed according to the Americans with Disability Act(ADA) requirements including
appropriate pedestrian ramps and grades. In addition, street lighting is proposed to be
implemented in the project area to improve safety and functionality.
5.2 Intersection Improvements
The intersections of Golden Valley Road/Decatur Avenue North and Golden Valley Road/TH
55 are proposed to be realigned as a part of this project. The proposed realignment of these
intersections is intended to not only improve pedestrian safety, but improve safety of the
access to and from TH 55.
GOLDV 136756 Feasibility Report
Page 6
5.3 Traffic Signal Improvements
The signal system at TH 55 and Boone Avenue North/General Mills Boulevard is proposed to
be revised as part of this project. The proposed revisions will improve operations at the
intersection, primarily during non-peak traffic periods.
5.4 Private Utilities Relocation
Existing private utilities are to be relocated in the project area in order to facilitate the
installation of the proposed sidewalk. These relocations include the undergrounding of
existing overhead Xcel Energy powerlines which are adjacent to Golden Valley Road.
6.0 Recommendations
Short Elliott Hendrickson, Inc. and Public Works staff have determined that the improvements
outlined in this report are feasible from an engineering perspective. These improvements will
benefit the community and those properties abutting the proposed improvements.The cost-
effectiveness for the proposed improvements should be determined by the City Council.
Staff recommends approval of City Improvement Project No. 15-22, TH 55 West Public
Improvements as discussed within this report. Staff further recommends that the City Council
authorize advertising for bids to construct the project.
Feasibility Report GOLDV 136756
Page 7
List of Exhibits
Exhibit 1 — Location Map
Exhibit 2A — Proposed Project Layouts
Exhibit 2B — Proposed Project Layouts
Exhibit 2C — Proposed Project Layouts
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3535 VADNAIS CENTER DR. 15-22
SEHST. PAUL, MN 55110-5196 DATE: IMPROVEMENTS NO. 1
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Summary of Property Owner Meetings
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Resolution 17-16 March 7, 2017
Member introduced the following resolution and moved its adoption:
RESOLUTION ORDERING CONSTRUCTION OF CERTAIN PROPOSED
PUBLIC IMPROVEMENTS AND AUTHORIZING ADVERTISEMENT FOR BIDS
PROJECT NO. 15-22
HIGHWAY 55 WEST PUBLIC IMPROVEMENT PROJECT
BE IT RESOLVED by the City Council of the City of Golden Valley, Minnesota, as follows:
1. That a public hearing held on this day at 6:30 pm, at the address of 7800 Golden Valley
Road in the City of Golden Valley, Minnesota, after notice of said hearing duly published
as required by law, this Council has consulted the view of all persons interested, and,
being fully advised of the pertinent facts, does hereby determine to proceed with the
construction of certain proposed public improvements for the said City, in accordance
with the description of said improvements contained in said notice.
2. It is hereby found and determined that Public Improvements Project 15-22 is feasible and
can best be constructed as set forth in said report and not in connection with some other
improvements. (The Council reserves the right to consolidate said improvements with
other public improvements if it seems advisable to do so.) It is further found that the
improvements are effective and necessary.
3. The cost of said improvements shall be paid in part out of special assessment to be
levied as set forth in said notice of public hearing and in part out of tax increment
financing (TIF).
4. The City Engineer is hereby designated as engineer for the proposed public
improvements, and is hereby authorized, ordered and instructed to prepare final plans
and specifications for said improvements and obtain proposals for the same in
accordance with said report except as modified at the Public Hearing.
5. That the City Clerk shall prepare an Advertisement for Bids for making such
improvements. The advertisement shall be published as required by statute, shall specify
work to be done and shall state the time and place that the bids shall be opened and
considered by the City Engineer and City Clerk, and that no bids will be considered
unless sealed and filed with the Clerk.
_____________________________
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.
Executive Summary For Action
Golden Valley City Council Meeting
March 7, 2016
Agenda Item
4. B. Public Hearing for Special Assessments for Trunk Highway 55 West Public Improvement
Project
Prepared By
Sue Virnig, Finance Director
Summary
On February 7, 2017, City Council called for a public hearing for the Certification of Special
Assessments that coincides with the Trunk Highway (TH) 55 West Project Area. These special
assessments help finance a portion of the costs for the improvements in this area. Chapter 429
Bonds will be sold and paid back with assessments and tax increment created from the TH 55
West Tax Increment District.
A legal notice was published February 16 and February 23. All property owners were mailed a
hearing notice of the assessment, resolution that will be considered, sample payment schedule
and commonly asked questions.
Property owners will have until November 15, 2017, to make payment with no interest. After that
date, the amount will be certified and paid with property taxes and will have a 5% interest rate.
The Trunk Highway 55 West includes improvements such as new sidewalk and lighting, the
existing and proposed location of private utilities, including the proposed undergrounding of the
overhead power lines for:
•Golden Valley Road from Mendelssohn Avenue North to TH 55
•Decatur Avenue North from Golden Valley Road to 7
th Avenue North
•7th Avenue North from Decatur Avenue North to Boone Avenue North
The following resolution needs to be approved for the certification of special assessments for the
TH 55 West Project Area.
Attachments
•List of Property Owners Assessed (1 page)
•Resolution Adopting and Confirming Assessments for Various Public Improvements in the
2017 Trunk Highway 55 West Project Area (2 pages)
Recommended Action
Motion to adopt Resolution Adopting and Confirming Assessments for Various Public
Improvements for the Streets in the 2017 Trunk Highway 55 West Project Area.
PID ADDRESS ASSESSMENT
3111821310016 605 BOONE AVE N 16,072.02
3111821310019 600 DECATUR AVE N 10,913.10
3111821310042 8900 GOLDEN VALLEY RD 67,065.96
3111821310045 9000 GOLDEN VALLEY RD 16,366.51
3111821310044 9050 GOLDEN VALLEY RD 14,568.89
3111821320006 9110 GOLDEN VALLEY RD 47,808.52
3111821320011 9300 OLSON MEMORIAL HWY 16,865.70
3111821320074 9280 GOLDEN VALLEY RD 20,571.31
3111821320073 9290 GOLDEN VALLEY RD 7,545.10
3111821320012 9325 GOLDEN VALLEY RD 13,512.40
3111821320003 9326 GOLDEN VALLEY RD 16,766.49
3111821320002 9400 GOLDEN VALLEY RD 58,573.58
3111821310017 8806 OLSON MEMORIAL HWY 14,881.50
3111821310040 8950 OLSON MEMORIAL HWY 40,735.63
3111821310002 9000 OLSON MEMORIAL HWY 11,409.15
3111821310001 9010 OLSON MEMORIAL HWY 11,409.15
3111821320007 9100 OLSON MEMORIAL HWY 7,936.80
3111821240004 8800 7TH AVE N 58,335.48
3111821320075 9201 GOLDEN VALLEY RD 39,157.88
3111821320008 9201 GOLDEN VALLEY RD lot split
3111821320009 9201 GOLDEN VALLEY RD lot split
3111821320010 NA ADDRESS UNASSIGNED 2 10,833.73
3111821310018 8845 7TH AVE N 50,359.00
551,687.90
CITY OF GOLDEN VALLEY
2017 Trunk Highway 55 West Redevelopment Project
MARCH 7, 2017
Resolution 17-17 March 7, 2017
Member introduced the following resolution and moved its adoption:
RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR
VARIOUS PUBLIC IMPROVEMENTS FOR THE
2017 TRUNK HIGHWAY 55 WEST PROJECT AREA
1. The amount proper and necessary to be specially assessed at this time for
various public improvements:
Project Years Interest Rate First Year Levy Total
Assessed
2017 Trunk Highway 55
West
10 5%2018 $551,687.90
against every assessable lot, piece, or parcel of land affected thereby has been duly
calculated upon the basis of benefits, without regard to cash valuation, in accordance with
the provisions of Minnesota Statutes, Chapter 429, and notice has been duly published, as
required by law that this Council would meet to hear, consider and pass upon all objections,
if any, and said proposed assessment has at all time since its filing been open for public
inspection and an opportunity has been given to all interested persons to present their
objections if any, to such proposed assessments.
2. This Council, having heard and considered all objections so presented, finds that
each of the lots, pieces and parcels of land enumerated in the proposed assessment was
and is specially benefited by the construction of said improvement in not less than the
amount of the assessment set opposite the description of each such lot, piece and parcel of
land respectively, and such amount so set out is hereby levied against each of the
respective lots, pieces and parcels of land therein described.
3. The proposed assessments are hereby adopted and confirmed as the proper
assessments for each of said lots, pieces and parcels of land respectively, and the
assessment against each parcel, together with interest at the rate of five (5) percent per
annum accruing on the full amount thereof unpaid, shall be a lien concurrent with general
taxes upon parcel and all thereof. The total amount of each such assessment not prepaid
shall be payable in equal annual principal installments extending over a period of years, as
indicated in each case. The first of said installments, together with interest on the entire
assessment for the period of January 1, 2018 through December 31, 2018, will be payable
with general taxes for the year of 2017, collectible in 2018, and one of each of the
remaining installments, together with one year’s interest on that and all other unpaid
installments, will be paid with general taxes for each consecutive year thereafter until the
entire assessment is paid.
Resolution 17-17 -2- March 7, 2017
4. Prior to certification of the assessment to the County Auditor, the owner of any
lot, piece or parcel of land assessed hereby may at any time pay the whole such
assessment, with interest to the date of payment, to the City Treasurer, but no interest shall
be charged if such payment is made by November 15, 2017.
5. The City Clerk shall, as soon as may be, prepare and transmit to the County
Auditor a certified duplicate of the assessment roll, with each installment and interest on
each unpaid assessment set forth separately, to be extended upon the proper tax lists of
the County and the County Auditor shall thereafter collect said assessment in the manner
provided by law.
_____________________________
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.
Executive Summary For Action
Golden Valley City Council Meeting
March 7, 2017
30 day deadline: March 29, 2017
Agenda Item
6. A. Public Item - Appeal of Board of Zoning Appeals Decision - 1401 Winnetka Avenue North
Prepared By
Jason Zimmerman, Planning Manager
Summary
At the January 24, 2017, Board of Zoning Appeals (BZA) meeting, the property owner of 1401
Winnetka Avenue North was denied a variance to allow a constructed accessory structure to
remain at a height that exceeds that permitted by the City’s Zoning Code. Mr. Silva is appealing
this decision to the City Council.
As is detailed in the staff memo to the BZA, Mr. Silva received a building permit for a shed in
September of 2015. Communications with the Building Official and notes on the plans that were
approved indicated that the shed height must be limited to 10 feet. In May of 2016, a neighbor
informed the City that the shed - partially constructed - appeared to be exceeding this limit.
Staff worked with the petitioner throughout 2016 to try and reduce the height of the shed and to
bring it into compliance. Eventually, the property owner exhausted all Administrative Appeals to
the citations that were issued and decided to bring the item to the BZA as part of a variance
request. At the meeting to consider the variance, the petitioner was unable to offer evidence that
his request met the standards to establish “practical difficulties” as outlined in State Statute.
Therefore, the BZA denied the request.
Under Minnesota Statute 462.357, Subd. 6, for a variance to be granted, the applicant must
establish practical difficulties in complying with the City’s Zoning Code by showing that: (i) the
property owner proposes to use the property in a reasonable manner not permitted by the
zoning ordinance; (ii) the plight of the landowner is due to circumstances unique to the property
not created by the landowner; and (iii) the variance, if granted, will not alter the essential
character of the locality. Economic considerations alone do not constitute practical difficulties.
Section 11.90, Subd. 4(B)(2), of the City Code applies this same standard for granting variances.
Mr. Silva is now appealing this decision and introducing new testimony that the height of the
shed is in some way related to the management of water flow around the existing garage to
which it is attached. Staff asserts that this new information does not meet the standard necessary
to establish practical difficulties and to overturn the decision of the BZA since a roof of similar
pitch as the one constructed, but lower in height, could be utilized to direct water away from the
garage wall while meeting the requirements of the Zoning Code. Issues of water flow are not
limited to the subject property but are widespread as the topography of neighboring properties is
similar. Therefore, there are no circumstances unique to the property that support the granting
of a variance.
Analysis
The BZA, as part of its determination, made the following findings regarding the requested
variance:
1.An accessory structure in this location does constitute a reasonable use of the property
and is permitted under the zoning ordinance.
2.There are no circumstances unique to the property that require an accessory building
(shed) to be constructed to a height greater than 10 feet. The decision to design the
roofline of the shed in this manner was made by the petitioner and maintained over an
extended period of time despite repeated efforts by the City to have it modified to a
height of 10 feet prior to its completion.
3.A number of other homes in the area have accessory structures (detached garages or
sheds) but none appear to exceed the maximum height of 10 feet. In addition, the rising
grade in the rear yard of this property emphasizes the increased height. The requested
variance would alter the essential character of the locality.
4.Other options, including an alternative roofline for the structure, are available to meet the
petitioner’s needs and that do not require a variance.
In addition, staff believes that:
5.Management of the flow of water behind and around the existing garage can be directed
by the roofline of the accessory structure, but the wall height is not required to exceed 10
feet in order to accomplish this objective.
Conclusion
Staff agrees with the decision by the BZA to deny the requested variance, as the practical
difficulties standard has not been met.
Attachments
•Location Map (1 page)
•Petitioner’s Narrative and Photos (6 pages)
•Timeline (2 pages)
•BZA Minutes dated January 24, 2017 (4 pages)
•Memo to the BZA, dated January 24, 2017 (3 pages)
•Petitioner’s Variance Application (4 pages)
•Supporting Materials (5 pages)
Recommended Action
Motion to affirm the decision of the Board of Zoning Appeals on January 24, 2017, denying the
requested variance, based on the materials and information presented to the City Council, and to
adopt the findings and analysis included in the staff report presented to the Board of Zoning
Appeals, dated January 24, 2017.
1406 1 9 400
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s`�'
APPEAL FORM
BOARD OF ZONING APPEALS DENIAL
DATE: 1 4! 2' - J 7
TO: Golden Valley City Council
FROM: Petitioner
Name: Lois e -t�t� P(1:11*6
Address: 410 w 1 iv J6 T r—A- A-*N/F A
Phone: _
Street address of property involved in this petition:
1401 Winnetka Avenue North
ff you are not the owner of all of the property involved in this
petition, give the name of the owner and describe the petitioner's
interest (legal and otherwise) in this property:
Waiver requested and denied was:
Waiver from Section 11.29 Single Family Zonina District
Subd. 12(B) Height Limitations 2 feet over the 10 feet of
height allowed for a total height of 12 feet
BZA Denial Appeal Page 2
Appellant's reasons for requesting Council's review and consideration of
the BZA denial:
1Lf- s �) �- -�
Attach a copy of the site plan and/or drawings that may clarify the
requested variance.
Februray 27Th,2017
To: Board of Zoning Appeals Denial
From: Luis Hector Perez Silva
One of the main problems at this property is the filtration of water through the back
wall of the garage.See picture one (red lines).
At this point I've lost thousand of dollars due to water damage on tools, equipment
and materials.
As matter of fact I already know that once the water problem is fixed I will have to
basically Re-Build the back wall to repair rotten elements in it.
This system roof is precisely to catch the most water possible (rain and snow) and
with the proper backfilling and landscape drive it away from the garage.See picture
two (blue lines).
When it comes to structures the less joints (potential points of fracture) the stronger
the element.
The wall in question (12'height) is the one creating the inclination on the roof.
This wall can be fixed by inserting top and double plates at the height requested by
the city.See drawing attached.
If such fix is requested by the city it will weaken the wall and it will create critical
points of inflexion and uplift.
On the hearing performed on February Th with the city council I was told that the
decision to allow the waiver to modify this code wasn't about technical nor
engineering terms.
If more engineering support is required I'm more than welcome to provided it.
But at this point I know for fact that this is the best way to go with this project.
Thanks for your attention and I'm looking forward to hear from you.
Luis Hector Perez Silva
Owner
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1401 Winnetka Avenue North Chronology
September 21, 2015 Building permit issued for new shed at the subject property.
Building Official noted on plans wall height may not exceed 10 feet.
Late May, 2016 Complaint from resident regarding the subject property;
specifically, the partial construction of the shed.
June 3 First notice issued to the property requiring correction of
violations, including the height of the shed and its distance from
the existing garage.
June 22 Property owner stopped at City Hall to discuss violations and talked
with the Planning Manager and the Building Official at the counter.
Owner said the height and location of the shed would be corrected
by August 1.
Late July Property owner stopped at City Hall to ask for an extension through
September 1.
August 8 City issued a new letter giving a September 1 deadline for
compliance.
September 6 Inspector visited the site and the corrections had not been made.
September 8 First citation of$100 was issued and a deadline of September 28
was set for compliance.
September 29 Inspector visited the site and the corrections had not been made.
October 3 Second citation of$250 was issued and a deadline of October 24
was set for compliance.
October 25 Inspector visited the site and the corrections had not been made.
Third citation of$500 was issued and a deadline of November 14
was set for compliance.
November 10 Having gotten no response from the property owner, Planning
Manager asked that a copy of the citation be left at the front door
of the property.
November 14 Property owner stopped at City Hall and filed an Administrative
Appeal of the $500 citation.
December 2 An Administrative Appeal Hearing was held; property owner did
not attend. The Hearing Officer ruled in favor of the City. Work was
completed on the construction of the shed that afternoon.
December 5 Property owner stopped at City Hall and was told by Planning
Manager and Building Official that his proposal to address the shed
height did not satisfy the Zoning Code. Owner indicated he would
ask for a variance.
December 6 Inspector visited the site and the correction to the height of the
shed had not been made. Fourth citation of$500 was issued and a
deadline of December 27 was set for compliance.
December 14 Property owner stopped at City hall and filed an Administrative
Appeal of the second $500 citation.
January 3, 2017 Property owner submitted an application for a variance from the
maximum height requirement.
January 5 An Administrative Appeal Hearing was held. The Hearing Officer
ruled in favor of the City but stayed the $500 fine pending the
outcome of the variance decision by the Board of Zoning Appeals
on January 24.
January 24 A hearing was held in front of the Board of Zoning Appeals and the
variance was denied.
February 27 Property owner submitted an application for an appeal of the
decision of the Board of Zoning Appeals.
March 7 Appeal hearing scheduled before the City Council.
If the denial of the variance is not overturned, the $500 fine will be
reinstated and the property owner will have 14 days to complete
the necessary modifications to the shed.
Minutes of a Regular Meeting of the
Golden Valley Board of Zoning Appeals
January 24, 2017
A regular meeting of the Golden V ley Board of Zoning Appeals was held on Tuesday,
24, 2017, at City Hall, 78 Golden Valley Road, Golden Valley, Minnesota. Chair
Perich ca a meeting to order t 7 pm.
Those present were ers Ma ell, Oren erich and Planning Commission
Representatives Johnson a c ka. present were Planning Manager Jason
Zimmerman, Associate Planner/ iter Emily Goellner and Administrative Assistant
Lisa Wittman. Member Nels as bsen .
I. Approv inutes— Dec ber 27, 2016, Re eeting
MO y Maxwell, seconded by rich and motion carried 3 to 2 to approve the
utes as submitted. Kluchka and renstein abstained.
11. The Petition(s) are:
1401 Winnetka Avenue North
Luis Hector Perez Silva, Applicant
Request: Waiver from Section 11.21, Single Family Zoning District, Subd. 12
(B) Height Limitations
• 2 ft. over the 10 ft. of height allowed for a total height of 12 ft.
Purpose: To allow for the recently constructed shed to remain 12 ft. tall.
Zimmerman referred to photos of the property and explained that in September of
2015, the applicant applied for a building permit to build a shed. The Building Official
approved the plans for the shed, but noted on the permit that the wall height could not
exceed 10 feet. In May of 2016, it was brought to the City's attention that the shed was
constructed 12 feet tall instead of the allowed 10 feet. Since then, the City has been
working with the applicant to resolve the issue, and the applicant has received several
administrative citations, but the shed is still out of compliance so now the applicant has
decided to apply for a variance to allow the shed to remain 12 feet tall. Zimmerman
noted that if the variance is not granted, the applicant will have two weeks to make the
shed compliant or else pay the second fine that is currently pending. After that the
matter will be turned over to the City Attorney.
Zimmerman referred to the Zoning Code's definition of height limitations for accessory
structures which reads as follows: No accessory structure shall be erected in the R-1
Zoning District to exceed a height of one (1) story, which is ten (10) feet from the floor
to the top horizontal member of a frame building to which the rafters are fastened,
Minutes of the Golden Valley Board of Zoning Appeals
January 24, 2017
Page 2
known as the top plate. He stated that the applicant has said that he needs the
additional height to store equipment for his subcontracting business. The applicant has
also stated that he can install a "double plate" 10 feet up the 12 foot wall in order to
address the issue, however Planning and Inspections staff agree that this solution
would not meet the Zoning Code requirement.
Zimmerman reviewed the points of examination used when considering variances and
stated that the shed does constitute a reasonable use. However, there are no
circumstances unique to the property which would require a 12 foot tall shed, granting
the variance would alter the essential character of locality, and there are other options
available to reach compliance. Therefore, staff is recommending denial of the
requested variance.
Maxwell stated that the need for this variance was caused by the landowner, so if the
applicant would have asked for a variance before the construction of the shed the City
and the applicant wouldn't be in this situation. Zimmerman said that is correct and in
fact, the shed was completed after the applicant was told to lower the height.
Perich questioned if the shed were not attached to the garage if it would still be
considered an accessory structure. Zimmerman said it is still an accessory structure,
but attaching the shed to the garage makes it part of the garage instead of a second
detached accessory structure.
Perich asked about the total square footage of the garage/shed. Zimmerman said he
believes it is under the 800 square feet of allowed detached accessory structure space.
Luis Hector Perez Silva, Applicant, referred to his building permit application and his
variance application and said that he has stated from the beginning that he was going to
build the shed 12 feet tall. He stated that in 2008, an inspector stopped by his property
without notice and said he should not be storing tools and equipment outside and that his
property should be cleaned up for the benefit of the City. He referred to an engineering book
and discussed a section on "fixed base gable frames." Perich explained that the Board isn't
discussing the definition of what a gable frame is, or the engineering of the shed, their job is
to consider the 2 foot height variance in question. Silva stated that no one understands what
he is talking about structurally. He said he can fix the walls of the shed and make them 10
feet tall but he has never been able to explain to anyone what he is talking about structurally
and that the pictures the Board has been shown make no sense and are not right. He added
that the 12 foot tall wall will be much weaker if it is shorter and asked who he should speak
to about the structural issues. He referred to photos of the shed and explained how he wants
to put in a double top plate 10 feet up on the 12 foot wall which will make the walls 10 feet in
height.
Johnson asked the applicant if the rafters are attached to a plate that is 10 feet from the
floor. He referred to the height definition and noted that it defines the allowed height as 10
feet from the floor to the top plate to which the rafters are fastened. Silva discussed gables
and the fasteners he used and said he built the shed to be as strong as possible with balloon
walls.
Minutes of the Golden Valley Board of Zoning Appeals
January 24, 2017
Page 3
Perich asked the applicant why he can't build the shed how the City is requesting him to
build it. Silva said he built the shed the way he did because he knows it is the best way and
the strongest way to build it. He said he makes his living with a final product and by
experience he knows this is the best way to build it.
Perich asked the applicant if he lives at this property. Mr. Silva said yes.
Perich opened the public hearing.
Roger Mcconico, 1325 Winnetka Avenue North, said the applicant does not live at the
subject property. He said his main objection is that the applicant is running a business out of
his house and has an 18 or 20 foot long dumpster on his driveway. He noted that there are
at least three other people in the area that have similar businesses as the applicant, but he
never sees their equipment or vehicles stored on their properties. He said he thinks more
stuff will just be brought to this property and he's concerned about their property values
going down because of it.
Seeing and hearing no one else wishing to comment, Perich closed the public hearing.
Johnson asked for clarification because it almost seems like the height definition allows a
wall greater than 10 tall as long as the rafter is attached at the 10 foot level. Zimmerman said
he has talked with the Building Official about a wall being capped at 10 feet but then allowing
an additional 2 feet above that. He explained that that has not been staff's interpretation or
the intent of the definition for height. He added that the roof can be taller than 10 feet, but
the walls are limited to 10 feet in height.
Kluchka noted that the Planning Commission has had many discussions about the issue of
height. He said he doesn't think this case is an issue of technicalities, it is an issue of
visibility, aesthetics, and the building envelope. He noted that the shed could be modified so
that one wall is 10 feet tall and the other walls are 8 feet tall.
Zimmerman noted that the applicant has stated that his building permit application said the
shed would be built 12 feet tall so he should be allowed to build it 12 feet tall, but it was
noted on the building permit and in the plan review that the height of the shed needed to be
modified to be 10 feet tall. Maxwell asked if the applicant was told in the beginning that he
could apply for a variance. Zimmerman said when he was first made aware of the issue he
talked to the applicant and the applicant said it would be no problem to change his plans and
make the shed conform to the Zoning Code requirements.
Johnson asked if the shed was built how is was shown on the building permit application.
Zimmerman said he thinks they are similar. Kluchka said he doesn't think the drawing is
what was ultimately built.
Perich referred to the criteria the Board uses when considering variances. He said he thinks
having a shed is reasonable, but he is struggling to find any unique circumstances not
caused by the landowner. He said he also thinks the shed alters the character of the locality
because it sticks up above the garage.
Minutes of the Golden Valley Board of Zoning Appeals
January 24, 2017
Page 4
Johnson said there could be a loophole in the way the definition of height is worded, but the
City has been consistent with its interpretation so he is not inclined to approve the requested
variance. Kluchka agreed.
Maxwell stated that one of the criteria the Board considers it that the need for a variance isn't
caused by the landowner and that is a problem when someone builds something first and
then asks for a variance after the fact, so he can't support his variance request.
MOVED by Maxwell, seconded by Johnson and motion carried unanimously to deny the
requested variance.
Perich informed the applicant that he can appeal the Board's decision to the City Council.
X15 Angelo Drive
Ji lem Construction Inc A licant
Reque Waiver from Section 1.21, Single Family Zoning District, Subd. 11
(B) Heigh imitations
• 5.5 ft. over a 25 ft. of height lowed for a total height of 30.5 ft.
Purpose: To allo r the recently onstructed rooftop access to remain 30.5 ft.
tall.
Goellner reminded the Board t they've een variance requests for this erty twice
in the past. The first variance gra d in J e was for 3.5 feet over t aximum
allowed height of 25 feet. The sero vari ce was granted in st for the same
height, but a larger rooftop access ro a referred to the plans and explained
that the house is currently under constr i n and that t ntractor made adjustments
to the roof plans and the parapet wall afte a varia were approved so the
applicant is now seeking a variance to allo e r ntly constructed rooftop access to
remain 30.5 feet tall.
Goellner noted that the applicant's sta a ique umstances include that a change
to the architectural plans was nece ry fo tructur support, proper water runoff from
the roof, and the fact that the ro p acces room is easily visible from Angelo
Drive because it is set back eet from th front prope line, in the center of the
home.
Goellner stated th aff is recommending proval of this van ce request because
there are confli ' g regulations in the Zonin Code regarding he t and building
envelope re ements. The rooftop access om fits within the bu ing envelope, but
does not et the height requirements. She tated that in this case the need for a
varian is not the fault of the landowner, th unique circumstance is the conflict in the
Zo * g Code. She added that the rooftop ac ess room does not alter the essential
aracter of its locality, the visual impact is inimized by the location of the rooftop
city 0
411
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9 vattey Physical Development Department
763-593-8095/763-593-8109(fax)
Date: January 24, 2017
To: Golden Valley Board of Zoning Appeals
From: Jason Zimmerman, Planning Manager
Subject: 1401 Winnetka Avenue North
Luis Hector Perez, Applicant
Introduction
Luis Hector Perez Silva, owner of the property at 1401 Winnetka Avenue North, is seeking a
variance from the City Code to allow an accessory structure to remain in place which has been
constructed in violation of the maximum height requirement:
Variance Request City Code Requirement
2 feet off of the maximum of 10 feet in Section 11.21, Single Family Zoning District, Subd.
height for an accessory structure. 12(B) Accessory Structures– Height Limitations:
The maximum allowed height of an accessory
structure is 10 feet from the floor to the top
horizontal member of a frame building to which
the rafters are fastened, known as the top plate.
Background
• The lot at 1401 Winnetka Avenue North is zoned R-1 Single Family Residential.
• The new accessory structure—a shed—is located to the rear of and attached to an
existing garage.
• An approved building permit for the shed, dated September 21, 2015, indicates that the
wall height cannot exceed 10 feet.
• The height of the shed is approximately 12 feet from the floor to the top horizontal
member to which the rafters are fastened (the top plate).
• A neighbor brought the height of the shed to the attention of the City in May of 2016
while it was still partially constructed and prior to it being attached to the garage. Staff
contacted the applicant and informed him that the shed was too tall and located too close
to the garage for a stand-alone structure. He agreed to attach the shed to the garage in
order to satisfy the distance requirement and also indicated he could modify the roofline
to meet the height requirement.
• Throughout the summer, the deadlines for compliance were ignored and the applicant
generated fines of$100, $250, and $500. In November of 2016, the applicant appealed
the City's fine of$500 and agreed to a hearing before an Administrative Hearing Officer.
The applicant did not attend the hearing and the case was found in the City's favor.
Shortly afterwards the applicant attached the shed to the garage and completed all other
work. The City issued a second $500 fine as the height of the shed was still out of
compliance.
• In December of 2016, the applicant appealed the City's second fine of$500 and agreed to
a hearing before an Administrative Hearing Officer. In January of 2017, the Hearing Officer
found in the City's favor but stayed the second $500 fine in order to allow the variance
process to be resolved before the Board of Zoning Appeals.
• If approval of the variance is not granted, the applicant will be required to modify the
height of the shed within 14 days or else pay the $500 fine. Failure to do so could result in
criminal charges brought by the City Attorney.
• The applicant has argued that he can modify the shed by installing a second "top plate" at
a point in the wall approximately 10 feet high. The City's Building Official has indicated
this does not conform to the City's Zoning Code as there would still be a horizontal
member at 12 feet to which the rafters are attached.
• Finally, the applicant states that he needs the shed to be 12 feet tall in order to store his
tools and equipment.
Analysis
In reviewing this application, staff has maintained the points of examination to the considerations
outlined in Minnesota State Statute 462.357, requiring that a property exhibit "practical
difficulties" in order for a variance to be granted. To constitute practical difficulties:
1. The property owner must propose to use the property in a reasonable manner
An accessory structure in this location does constitute a reasonable use of the property.
2. The landowners' problem must be due to circumstances unique to the property that is
not caused by the landowner
There are no circumstances unique to the property that require an accessory building
(shed) to be constructed to a height greater than 10 feet. The decision to design the
roofline of the shed in this manner was made by the applicant and maintained over an
extended period of time despite repeated efforts by the City to have it modified to a
height of 10 feet prior to its completion.
3. And the variance, if granted, must not alter the essential character of the locality
A number of other homes in the area have accessory structures (detached garages or
sheds) but none appear to exceed the maximum height of 10 feet. In addition, the rising
grade in the rear yard of this property emphasizes the increased height. This proposal
would alter the essential character of the locality.
Additionally, staff assesses whether other options are available to meet the applicant's needs and
that do not require a variance. Staff has suggested an alternate roofline that would comply with
the height limit but the applicant disagrees that it is a practical solution.
Lastly, staff assesses whether the proposal requests the smallest variance necessary to meet the
applicant's needs. As the applicant has provided no verifiable information regarding the height or
size of the equipment he intends to store in the shed, staff cannot determine if the additional 2
feet in height is necessary.
Conclusion
The request does not meet the second or third points of examination required for a variance and
there exist alternatives which would allow the shed to remain while still meeting the 10 foot
height requirement for an accessory structure.
Recommendation
Staff recommends denial of the request for a variance of 2 feet off of the maximum of 10 feet in
height for an accessory structure.
Planning 1 7800 Golden Valley Road,Golden Valley,MN 55427-4588 city of
763-593-8095 1 TTY:763-593-3968 1 www.goldenvalleymn.gov I planning@goldenvalleymn.gov
golden
PLANNING APPLICATION valley
w Zoning Code Variance
Street address of property in this application:
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APPLICANT INFOPMATION
Name(individual,or corporate entitiy):
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Address:
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Phone number: Email address:
Authorized Representative(if other than applicant):
Name:
Address:
Phone number: Email address:
Property Owner(if other than applicant):
Name:
Address:
Phone number: Email address-
SITE
INFOPMATION
Provide a detailed description of the variance(s)being requested: I LU
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Provide a detailed description of need for a variance from the Zoning Code,including description of building(s),description of proposed
addition(s),and description of proposed alteration(s)to property:
Planning 1 7800 Golden Valley Road,Golden Valley,MN 55427-4588 city of
763-593-8095 1 TTY:763-593-3968 1 www.goidenvalleymn.gov I planning@goldenvalleymn.gov golden
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*41'* Zoning Code (continued)
Minnesota State Statue 462.357 requires that a property exhibit"practical difficulties"in order for a variance to be considered.Practical
difficulties:
• result in a use that is reasonable
• are based on a problem that is unique to the property
• are not caused by the landowner
• do not alter the essential character of the locality
To demonstrate how your request will comply with Minnesota State Statute 462.357,please respond to the following questions.
Explain the need for your variance request and how it will result in a reasonable use of the property.
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What is unique about your property and how do you feel that it necessitates a variance?
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Explain how the need for a variance is based on circumstances that are not a result of a landowner action.
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Explain how,if granted,the proposed variance will not alter the essential character of your neighborhood and Golden Valley as a whole.
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763-593-8095 1 TTY:763-593-3968 1 www.goldenvalleymn.gov I planning@goldenvalleymn.gov golden
valley
Zoning Code Variance(continued)
The City requests that you consider all available project options permitted by the Zoning Code before requesting a variance.The Board
of Zoning Appeals will discuss alternative options to seeking variance with you at the public hearing.Please describe alternate ways to
do your project thpt do not require variances from the Zoning Code.
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PEQUIPED ATTACHMENTS
(i7 Current survey of your property,including proposed addition and new proposed building and structure setbacks(a copy of Golden
Valley's survey requirements is available upon request;application considered incomplete without a current property survey)
One current color photograph of the area affected by the proposed variance(attach a printed photograph to this application or
/ email a digital image to planning@goldenvalleymn.gov;submit additional photographs as needed)
Fee:$200 application fee for Single-Family Residential,$300 application fee for all other Zoning Districts
O Legal description:Exact legal description of the land involved in this application(attach a separate sheet if necessary):
SIGNATUPES
To the best of my knowledge the statements found in this application are true and correct.I also understand that unless construction of
the action applicable to this variance request,if granted,is not taken within one year,the variance expires. I have considered all options
afforded to me through the City's Zoning Code and feel there is no alternate way to achieve my objective except to seek a variance to
zoning rules and regulations.I give permission for Golden Valley staff,as well as members of the Board of Zoning Appeals,to enter my
property before the public hearing to inspect the area affected by this request.Please include printed name,signature,and date for ap-
plicant,authorized representative(if other than applicant),or property ower(if other than applicant).
Name of Applicant(please print): LJk 5 `\QCA"r Qzf" C'i\V Z-
Signature of Applicant: �— Date: d W j IT
Authorized Representative(if other than applicant)
Name(please print):
Signature: Date:
Property Owner(if other than applicant)
Name(please print):
Signature: Date:
Please note:The City of Golden Valley will send notice of your variance request to all adjoining property owners as well as owners of
properties directly across streets or alleys. Your neighbors have the right to address the Board of Zoning Appeals at your public hearing.
You are advised to personally contact your neighbors and explain your project to them before the public hearing.
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. ®�
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From: Frevel, Jerry
Sent: Monday, September 21, 2015 9:33 AM
To:
Subject: 1401 Winnetka Ave N
Please respond to the following so plan review can continue for 1401 Winnetka Ave N:
1. Confirm the shed addition is floating, and is not on frost footings.
2. Show number and location of posts supporting shed structure.
3. Which direction do the floor joists go?
4. Confirm wall height is less than 10 feet from floor to double top plate.
Thanks,
Jerry Frevel I Building Official 1 City of Golden Valley V Irr ,
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GOLDEN VALLEY
SEP 15 2015
January 19, 2017
Golden Valley Board of Zoning Appeals
I have received a letter pertaining to a variance at 1401 Winnetka Ave.
N., Golden Valley, MN. I officially would like to oppose such variance.
The gentleman that I know as Hector believes it is better to ask for
forgiveness, than for permission. He has not followed the rules since
he has lived there. He took approximately 2 years to build the frame.
When the city of Golden Valley started looking into his project, he
finished in very short order, thus asking for a variance or forgiveness.
He has had tenants sue him. When one of his renters complained to
the city of Golden Valley about the living conditions, he evicted him.
Also he no longer lives at 1401 it is a rental property. I believe the
reason for the tall building is to store his construction tools ladders etc.
The building is not constructed on level ground. It is built on footings of
unknown quality. He has two construction trailers in his backyard. I
believe the only reason he needs the additional building is he no longer
has room in his garage for all of his construction tools.
Sincerely,
Roger Mcconico
1325 Winnetka Ave. N.
Golden Valley, MN
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Executive Summary For Action
Golden Valley City Council Meeting
March 7, 2017
Agenda Item
6. B. Second Consideration Amendment of Salaries of Mayor and Council Members
Prepared By
Susan Virnig, Finance Director/Deputy City Clerk
Summary
As per City Code, Council salaries are reviewed every two years preceding the city election. Staff
has provided the percentage increase representing the average salary or wage increase for the
City non-union employees for the previous two years at 5%; 2.5% in 2016; 2.5% in 2017. The
increase would begin January 1, 2018 and has been reflected in the 2017-2018 Biennial Budget.
The salary increase is reflected below:
Current Salary New Salary
Mayor $12,207 $12,825
Council Members $9,136 $9,598
The first consideration was presented at the February 21, 2017, City Council meeting. If the
Council adopts the ordinance on second consideration, it will be effective in January 2018.
Attachments
•City Code Section 2.19 with underline/overstrike (1 page)
•Ordinance #618, Amending Salaries of Mayor and Council Members (1 page)
Recommended Action
Motion to adopt second consideration, Ordinance # 618, Amending Salaries of Mayor and Council
Members.
§ 2.19
Golden Valley City Code Page 1 of 1
Section 2.19:
Salaries of Mayors and Council Members
Subdivision 1
The annual salary of the Mayor shall be $12,207.00 $12,825.00.
Subdivision 2
The annual salary of each Council Member shall be $9,136.00 $9,598.00.
Subdivision 3. Approved Additional Meetings
In addition to their salaries, the Mayor and Council shall be paid $50.00 for each
meeting they are directed or designated to attend, up to a maximum of $150.00
per month. The method for approval of meetings shall be outlined by resolution of
the Council.
Subdivision 4
The salaries provided for herein shall be effective January 1, 2016 2018.
Subdivision 5
In April of each odd numbered year, the City's staff shall provide to the Council the
percentage representing the average salary or wage increase for City non-union
employees for the previous two years so that the Council may consider appropriate
increases in its salaries.
ORDINANCE NO. 618, 2ND SERIES
AN ORDINANCE AMENDING THE CITY CODE
Amending Salaries of Mayor and Council Members
The City Council for the City of Golden Valley hereby ordains:
Section 1. City Code Section 2.19, Subd. 1. 2. and 4. are hereby amended to read:
Subd. 1. The annual salary of the Mayor shall be $12,207 $12,825.
Subd. 2. The annual salary of each Council Member shall be $9,136 $9,598
Subd. 4. The salaries provided for herein shall be effective January 1, 20168.
Section 2. City Code Chapter 1 entitled “General Provisions and Definitions
Applicable to the Entire City Code Including Penalty for Violation” is hereby adopted in its
entirety, by reference, as though repeated verbatim herein.
Section 3. This ordinance shall take effect from and after its passage and
publication as required by law.
Adopt by the City Council this 7
th day of March, 2017.
/s/Shepard M Harris
Shepard M Harris, Mayor
ATTEST:
/s/Kristine A Luedke
Kristine A. Luedke, City Clerk
Executive Summary For Action
Golden Valley City Council Meeting
March 7, 2017
Agenda Item
6. C. First Consideration Amendment of City Code regarding the Addition of Youth Member to
Boards and Commissions
Prepared By
Sue Virnig, Finance Director
Summary
As discussed at the Council/Manager meeting on January 10, 2017, Council gave direction to staff to
discontinue the Golden Valley Teen Committee and add one voting youth member to the Open
Space and Recreation Commission, Environmental Commission, Human Services Fund and one non-
voting teen member to the Planning Commission and Board of Zoning Appeals (BZA).
The following changes need to be made in order to add these teen members:
•Section 2.50: Boards and Commissions needs to add “voting” membership for a quorum.
•Section 2.51: Planning Commission will add one youth member with a term of one (1) year.
•Section 2.52: Open Space and Recreation will add one youth member with a term of one (1)
year.
•Section 2.53: Human Rights Commission already had two teen members serving but will
state the term of one (1) year.
•Section 2.56 Environmental Commission will add one youth member with a term of one (1)
year.
•Section 2.57 Human Services Fund is new in its entirety. This Fund was set up through
resolution and not added to city code. Language is taken from the mission and guidelines of
the Human Services Fund. One (1) member has been added with a term of one (1) year.
The BZA was set up in Chapter 11 so that requires a public hearing for changes to code. That public
hearing is scheduled for March 21, 2017. It will be held before the second consideration of the City
Code amendments. All the Boards and Commissions By-laws will be considered on March 21 to
include the addition of the youth member.
The youth member term is one (1) year and may be renewed at the time of all annual appointments
by Council.
Attachments
•City Code Section 2.50 Boards and Commission Generally underlined/overscore version (1 page)
•City Code Section 2.51 Planning Commission underlined/overscore version (1 page)
•City Code Section 2.52 Open Space and Recreation Commission underlined/overscore version (1
page)
•City Code Section 2.53 Human Rights Commission underlined/overscore version (1 page)
•City Code Section 2.56 Environmental Commission underlined/overscore version (1 page)
•City Code Section 2.57 Human Services Fund underlined/overscore version (1 page)
•Ordinance #619, Amending the City Code by the Addition of Youth Member to Boards and
Commissions and New Section 2.57: Human Service Fund (2 pages)
Recommended Action
Motion to adopt first consideration, Ordinance #619, amending the City Code regarding the addition
of youth member to boards and commissions and Section 2.57: Human Service Fund.
§ 2.50
Golden Valley City Code Page 1 of 1
Section 2.50: Boards and Commissions
Generally
Except as otherwise provided in a specific Section, all Boards and Commissions
created by the City Code shall be for the limited purpose of advising the Council
with respect to a City function or activity or to research and evaluate issues
identified by the Council. As such, Boards and Commissions shall function in an
advisory capacity only.
Subdivision 1. Appointments
The terms of all Board and Commission members shall be fixed and determined at
the time of appointment. The Council shall appoint the members of all Boards and
Commissions and may fill vacancies for unexpired terms. Members of Boards and
Commissions shall serve until their successors are appointed. Appointments shall be
made by the Council at its last meeting in April, effective May 1, except for
appointments to the Absentee Ballot Counting Board, which will be appointed as
needed from the roster of election judges approved by the City Council.
Subdivision 2. Staff Support
The City Manager shall appoint a staff liaison to attend all meetings of Boards and
Commissions and record the meetings.
Subdivision 3. Attendance and Rules
Each Board and Commission shall establish by-laws, which must be reviewed and
approved by the Council every three years. The Council has final authority
regarding all by-laws. Boards and Commissions shall follow Roberts Rules of Order
unless alternative procedures are established in the approved by-laws or in the City
Code. A quorum shall be a simple majority of the voting membership and all
recommendations shall require a quorum. No member shall serve as chair more
than two years in a three-year period, except that service for less than a full year
shall not be applied to this limit. If a member is unable to attend a meeting, that
member should contact the staff liaison, who will inform the chair if a quorum
cannot be attained and the meeting will be cancelled. The Council may establish an
attendance policy for members to remain in good standing.
Subdivision 4. Annual Report
Each Board and Commission shall present a written annual report outlining its
activities over the past year and proposed activities for the upcoming year.
§2.51
Section 2.51: Planning Commission
Subdivision 1. Establishment and Composition
A Planning Commission is hereby established, composed of seven (7) eight (8)
members, seven (7) who shall serve three-year staggered terms and one (1) youth,
who shall serve a one (1) year term.
Subdivision 2. Duties and Responsibilities
It is the duty of the Planning Commission to advise and make recommendations to
the Council in all matters relating to planning and growth of the City. Specifically it
shall:
A.Develop and make recommendations to maintain and update the
Comprehensive Plan of the City;
B.Develop and make recommendations to maintain and update the land use
regulations needed to implement the Comprehensive Plan;
C.Develop and make recommendations for policies on other matters relating to
the social, economic and physical environment; and,
D.Advise and recommend such other functions or procedures as may be
assigned to them by the City Code or the Council.
Golden Valley City Code Page 1 of 1
§ 2.52
Golden Valley City Code Page 1 of 1
Section 2.52: Open Space and Recreation
Commission
Subdivision 1. Establishment and Composition
An Open Space and Recreation Commission is hereby established, composed of
nine (9) ten (10) members, nine (9) who shall serve three-year staggered terms
and one (1) youth, who shall serve a one (1) year term.
Subdivision 2. Duties and Responsibilities
It is the duty of the Commission to advise and recommend to the Council as to
recreational programs and parks and open space in the Community. Specifically it
shall:
A.Develop and make recommendations to maintain and update the portion of
the Comprehensive Plan relating to open space needs, parks and recreation
programs, and trail systems;
B.Develop and periodically review policies and plans for parks, recreation
programs, use of open space, and trail systems;
C.Periodically update an assessment of current programs regarding open
space, parks and recreation, and trail systems;
D.Periodically update an assessment of future needs regarding parks and
recreation, open space, and trail systems;
E.Advise the Council on cooperative agreements policies with other public and
private agencies, groups or individuals relative to recreational programs and
facilities; and,
F.Advise Council on budget and capital outlay needs for parks and recreation,
Brookview Golf Course, and park improvement fund.
§ 2.53
Golden Valley City Code Page 1 of 1
Section 2.53: Human Rights Commission
Subdivision 1. Establishment and Composition
A Human Rights Commission is hereby established, composed of nine (9) members,
seven (7) who shall serve three-year staggered terms and two (2) voting youth,
who shall serve a one (1) year term. The Council shall seek to have said
appointments reflect the ethnic, cultural, religious and other diversity of the City.
Subdivision 2. Policy
It is the policy of the City to encourage the establishment and development of equal
opportunity and fair treatment of all individuals living, working, or traveling in and
through the City without regard to race, color, creed, religion, national origin,
gender, marital status, familial status, disability, status with regard to public
assistance, sexual orientation, age or any other classification subsequently
identified by the State of Minnesota.
Subdivision 3. Duties and Responsibilities
It is the duty of the Commission to advise and recommend to the Council as to
matters of Human Rights issues by serving as an advisory board in accordance with
its by-laws.
§ 2.56
Golden Valley City Code Page 1 of 1
Section 2.56: Environmental Commission
Subdivision 1. Establishment and Composition
An Environmental Commission is hereby established, composed of seven (7) eight
(8) members, seven (7) who shall serve three-year staggered terms and one (1)
youth, who shall serve a one (1) year term.
Subdivision 2. Duties and Responsibilities
It is the duty of the Environmental Commission to advise and make
recommendations to the Council in matters relating to and affecting the
environment. Specifically, it shall:
A.Develop and make recommendations to educate the public on environmental
regulations, policies, practices and tools;
B.Develop and make recommendations as an advisory review body for
amendments to or revisions of the city’s Surface Water Management Plan
and provide advice as requested by the Council on other city programs and
initiatives;
C.Review and make recommendations regarding the city’s existing
environmental ordinances, policies and guidelines;
D.Develop and make recommendations on management practices for the city’s
nature areas, public and private ponding areas, and other such city-owned
properties as directed by the City Council;
E.Identify and advise the City Council on activities initiated by other public and
quasi-public agencies regarding environmental issues and participate as
directed by the Council; and
F.Advise and recommend such other functions or procedures as may be
assigned to them by the City Code or the Council.
§ 2.57
Golden Valley City Code Page 1 of 1
Section 2.57: Human Services Fund
Subdivision 1. Establishment and Composition
A Human Service Fund is hereby established, composed of thirteen (13) members,
seven (7) citizens-at-large and five (5) community who shall serve three-year
staggered terms or business members and one youth, who shall serve a one (1)
year term.
Subdivision 2. Duties and Responsibilities
It is the duty of the Human Services Fund to study human service needs in the
community and recommend action to the Council as to matters of regarding funding
of those needs. Specifically it shall
A.Identify the community’s needs for human services.
B.Develop guidelines to evaluate funding requests and allocate funds to human
service organizations that meet the identified needs of the community.
C.Determine funds needed and strategies to provide funding through charitable
gambling proceeds, fundraisers, or community events.
D.Encourage and enlist participation from the greater Golden Valley
community.
ORDINANCE NO. 619, 2ND SERIES
AN ORDINANCE AMENDING THE CITY CODE BY
ADDITION OF YOUTH MEMBER TO BOARDS AND COMMISSIONS
AND NEW SECTION 2.57: HUMAN SERVICES FUND
Amendment Chapter 2, Section 2.50: Boards and Commissions Generally, 2.51: Planning
Commission, 2.52: Open Space and Recreation Commission, 2.53: Human Rights
Commission, 2.56: Environmental Commission and addition of new Section 2.57: Human
Services Fund
The City Council for the City of Golden Valley hereby ordains as follows:
Section 1. City Code Section 2.50 Subdivision 3 is hereby amended to read as follows:
Subdivision 3. Attendance and Rules
Each Board and Commission shall establish by-laws, which must be reviewed and approved
by the Council every three years. The Council has final authority regarding all by-laws.
Boards and Commissions shall follow Roberts Rules of Order unless alternative procedures
are established in the approved by-laws or in the City Code. A quorum shall be a simple
majority of the voting membership and all recommendations shall require a quorum. No
member shall serve as chair more than two years in a three-year period, except that service
for less than a full year shall not be applied to this limit. If a member is unable to attend a
meeting, that member should contact the staff liaison, who will inform the chair if a quorum
cannot be attained and the meeting will be cancelled. The Council may establish an
attendance policy for members to remain in good standing.
Section 2. City Code Section 2.51 Subdivision 1 is hereby amended to read as follows:
Subdivision 1. Establishment and Composition
A Planning Commission is hereby established, composed of eight (8) members, seven (7)
who shall serve three-year staggered terms and one (1) youth, who shall serve a one (1) year
term.
Section 3. City Code Section 2.52 Subdivision 1 is hereby amended to read as follows:
Subdivision 1. Establishment and Composition
An Open Space and Recreation Commission is hereby established, composed of ten (10)
members, nine (9) who shall serve three-year staggered terms and one (1) youth, who shall
serve a one (1) year term.
Section 4. City Code Section 2.53 Subdivision 1 is hereby amended to read as follows:
Subdivision 1. Establishment and Composition
A Human Rights Commission is hereby established, composed of nine (9) members, seven
(7) who shall serve three-year staggered terms and two (2) voting youth, who shall serve a
one (1) year term. The Council shall seek to have said appointments reflect the ethnic,
cultural, religious and other diversity of the City.
Section 5. City Code Section 2.56 Subdivision 1 is hereby amended is hereby
amended and restated in its entirely as follows:
Ordinance No. 619 -2-March 7, 2017
Subdivision 1. Establishment and Composition
An Environmental Commission is hereby established, composed of eight (8) members, seven
(7) who shall serve three-year staggered terms and one (1) youth, who shall serve a one (1)
year term.
Section 6. City Code Chapter 2 is hereby amended by adding a new Section 2.57
entitled “Human Service Fund” to read as follows:
Section 2.57: Human Services Fund
Subdivision 1. Establishment and Composition
A Human Service Fund is hereby established, composed of thirteen (13) members, seven (7)
citizens-at-large and five (5) community who shall serve three-year staggered terms or
business members and one youth, who shall serve a one (1) year term.
Subdivision 2. Duties and Responsibilities
It is the duty of the Human Services Fund to study human service needs in the community
and recommend action to the Council as to matters of regarding funding of those needs.
Specifically it shall
A. Identify the community’s needs for human services.
B. Develop guidelines to evaluate funding requests and allocate funds to human service
organizations that meet the identified needs of the community.
C. Determine funds needed and strategies to provide funding through charitable gambling
proceeds, fundraisers, or community events.
D. Encourage and enlist participation from the greater Golden Valley community.
Section 7. City Code Chapter 1 entitled “General Provisions and Definitions Applicable
to the Entire City Code Including Penalty for Violation” and Section 2.99 entitled “Violation a
Misdemeanor” are hereby adopted in their entirety, by reference, as though repeated
verbatim herein.
Section 8. This Ordinance shall take effect from and after its passage and publication
as required by law.
Adopted by the City Council this 7
th day of March, 2017.
/s/Shepard M Harris
Shepard M Harris, Mayor
ATTEST:
/s/Kristine A Luedke
Kristine A. Luedke, City Clerk
Executive Summary For Action
Golden Valley City Council Meeting
March 7, 2017
Agenda Item
6. D. Authorization to Sign Office Lease Agreement with Golden Valley Community Foundation
Prepared By
Timothy Cruikshank, City Manager
Summary
Included in the Golden Valley Foundation Memorandum of Understanding that the Council
adopted in December, 2016, was a requirement for an office lease agreement to be negotiated.
This lease agreement has been discussed and agreed upon with representatives of the Golden
Valley Community Foundation. It will be briefly outlined on Tuesday night.
Attachments
•Office Lease Agreement with the Golden Valley Community Foundation (13 pages)
Recommended Action
Motion to authorize the City Manager to sign the Office Lease Agreement with the Golden Valley
Community Foundation.
OFFICE LEASE
1.PARTIES.This Office Lease (the “Lease”) is entered into effective as of
______________, 201__, by and between City of Golden Valley, a Minnesota municipal
corporation (“Landlord”) and Golden Valley Community Foundation, a Minnesota nonprofit
corporation (“Tenant”).
2.PREMISES.Landlord leases to Tenant and Tenant leases from Landlord that certain
office space (“Premises”) crosshatched on the floor plan attached as Exhibit “A” to and made a
part of this Lease, said Premises being agreed, for the purpose of this Lease, to have an area of
228 square feet of the building located at 7800 Golden Valley Road, Golden Valley, MN
(“Building”).
3.TERM.The term of this Lease (“Term”) shall be month-to-month, commencing on June
1, 2017 (“Commencement Date”), provided, except as otherwise provided herein, the Landlord
may terminate this Lease and the Term at any time and for any reason upon ninety (90) days’
prior written notice to Tenant.
4.POSSESSION. If Landlord permits Tenant to occupy the Premises prior to the
Commencement Date, such occupancy shall be subject to all the provisions of this Lease.
5.RENT.The parties agree that the market rent for the Premises, as of the date hereof, is
$4,104.00 per year, inclusive of taxes and utilities (“Cash Rent”). In lieu of paying such Cash
Rent, Tenant agrees to provide the Landlord the following services during the Term (individually
an “Agreed Service”, collectively, the “Agreed Services”):
(a)Management of and responsibility for conducting, in full or substantial part, the
community farmers’ market in Golden Valley, commonly known as “Market in
the Valley”, occurring weekly between the months of June and October,
inclusive; and
(b)Management of and responsibility for conducting, in full or substantial part, the
annual community arts event in Golden Valley, commonly known as “Golden
Valley Music and Arts Festival”.
The parties agree that the annual market value of the Agreed Services to Landlord meets or
exceeds the Cash Rent. Upon written request to Landlord, Tenant may request to provide
Landlord other service(s) in lieu of the Cash Rent (“Offered Services”) in addition to or in
replacement of one or more of the Agreed Services. Upon receipt of such request, Landlord shall
have the right to accept or reject such Offered Services. If Landlord agrees to accept such
Offered Services in addition to or in replacement of an Agreed Service, the parties shall execute
an amendment to the Lease reflecting such agreement.
6.ACCESS.On the Commencement Date, the Landlord shall provide each of the Tenant
representatives identified on Exhibit “B”, attached hereto (collectively “Tenant
Representatives”), a key fob (collectively, the “Key Fobs”) to obtain access to the Premises and
to obtain access to the Building during those afterhours specified on Exhibit “C”, attached hereto
(“Afterhours”). The Landlord will provide the Tenant up to six (6) Key Fobs. Exhibit B may be
2
revised from time to time, without need to amend this Lease, to reflect those Tenant
Representatives to whom the Landlord has delivered a Key Fob. The Afterhours are those hours
that the Tenant may access the Building outside those hours the Landlord provides public access
to the Building as described on Exhibit B, provided the Tenant may only access the Building
during such Afterhours for the sole purpose of accessing the Premises. If the Tenant requires a
replacement Key Fob or fails to return the Key Fobs as required herein, in addition to any other
remedy, Landlord may impose a replacement charge. Tenant shall promptly inform the Landlord
of any lost Key Fob. Tenant shall be responsible for all damage to the Building and the
Premises, or property therein, due to unauthorized access to the Building or Premises as a result
of the Key Fobs provided to Tenant. Upon the expiration or early termination of this Lease,
Tenant shall return all Key Fobs to the Landlord.
7.USE.Tenant shall use the Premises for the purpose of office use and for no other
purpose whatsoever. Tenant shall not store, handle, use, or dispose of hazardous materials at the
Premises. Tenant shall not do or permit anything to be done in or about the Premises nor bring
or keep anything in the Premises which will in any way increase the existing rate of or affect any
fire or other insurance upon the Building or any of its contents, or cause cancellation of any
insurance policy covering said Building or any part thereof or any of its contents. Tenant shall
not do or permit anything to be done in or about the Premises which will in any way obstruct or
interfere with: (i) the rights of other occupants of the Building, including Landlord and its
invitees, agents and employees; (ii) the conduct of Landlord’s operations and affairs in the
Building; or (iii) the public’s right to use and access the Building, as such public use and access
rights are established by Landlord. Tenant shall not injure or annoy other occupants of or
visitors to the Building, or use or allow the Premises to be used for any improper, unlawful or
objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about
the Premises. Tenant shall not commit or suffer to be committed any waste in or upon the
Premises. This Lease grants the Tenant no right to use any portion of the Building other than the
Premises.
8.COMPLIANCE WITH LAW.Tenant shall not use the Premises or permit anything to
be done in or about the Premises which will in any way conflict with any law, statute, ordinance
or governmental rule or regulation now in force or which may be enacted in the future
(collectively “Laws”). Tenant will, at its sole cost and expense, promptly comply with all Laws
and with the requirements of any board of fire insurance underwriters or other similar bodies
relating to or affecting the condition, use or occupancy of the Premises, excluding structural
changes not related to or affected by Tenant’s authorized improvements or acts. Tenant shall,
throughout the term of this Lease, and at its sole expense, keep and maintain the Premises in a
clean, safe, and sanitary.
9.ALTERATIONS AND ADDITIONS.Tenant shall not make any alterations, additions
or improvements to the Premises without the prior written consent of Landlord, and except as
provided herein, any such alterations, additions or improvements including, but not limited to,
wall covering, paneling and built-in cabinet work, but excluding movable furniture and trade
fixtures, shall on the expiration or earlier termination of this Lease belong to the Landlord and
shall be surrendered with the Premises. In the event Landlord consents to the making of any
alterations, additions or improvements to the Premises, the same shall be made by Tenant at
Tenant’s sole cost and expense, shall be performed in a good and workman like manner and in
3
accordance with applicable laws, and any contractor or person selected by Tenant to make the
same must first be approved of in writing by the Landlord. Tenant shall, upon written demand
by Landlord, at Tenant’s sole cost and expense, remove any alterations, additions, or
improvements made by Tenant that are designated by Landlord to be removed, and Tenant shall
repair any damage to the Premises caused by such removal prior to the expiration or earlier
termination of this Lease. Tenant shall keep the Premises free from any liens arising out of any
work performed, materials furnished or obligations incurred by Tenant.
10.REPAIRS.By taking possession of the Premises, Tenant shall be deemed to have
accepted the Premises as being in good and satisfactory condition and as being suitable for
Tenant’s intended purposes. Tenant shall, at Tenant’s sole cost and expense, keep the Premises
in good condition and repair, ordinary wear and tear excepted. Tenant shall, upon the expiration
or earlier termination of this Lease, surrender the Premises to the Landlord in the same condition
as they were on the Commencement Date, subject to alterations approved by Landlord,
reasonable wear and tear accepted. Before surrendering the Premises, Tenant shall remove all of
it personal property and trade fixtures and such alterations or additions to the Premises made by
Tenant as may be specified for removal in a written notice from Landlord given at the time of
Landlord’s consent to the alteration or addition. If Tenant fails to remove its personal property
and fixtures upon the expiration or earlier termination of this Lease, the same shall, at Landlord’s
option, be removed from the Premises and stored at Tenant’s expense or be deemed abandoned
and shall become the property of the Landlord. Tenant’s surrender obligations shall survive the
expiration or early termination of this Lease. Landlord shall have no obligation whatsoever to
alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and the Tenant
affirms that Landlord has made no representations to Tenant with respect to the condition of the
Premises or the Building.Tenant waives the right to make repairs at Landlord’s expense under
any Laws now or hereafter in effect.
11.ASSIGNMENT AND SUBLETTING.Tenant shall not assign its interest in this Lease
or sublease any portion of the Premises without the Landlord prior written consent. Any
attempted assignment or sublease in violation of this Lease is void.
12.HOLD HARMLESS.Tenant shall indemnify and hold harmless Landlord (and its
officers, employees and agents) against and from any and all claims arising from Tenant’s (or
any permitted subtenant’s or assignee’s) use of the Premises for the conduct of its business or
from any activity, work, or other thing done, permitted or suffered by the Tenant in or about the
Building, and shall further indemnify and hold harmless Landlord (and its officers, employees
and agents) against and from any and all claims arising from any default in the performance of
any obligation on Tenant’s part to be performed under the terms of this Lease, or arising from
any act or negligence of the Tenant, or any officer, agent, employee, guest, or invitee of Tenant,
and from all and against all costs, attorney’s fees, expenses and liabilities incurred in connection
with any such claim or any action or proceeding brought in connection therewith, and, in any
case, action or proceeding brought against Landlord by reason of any such claim. Tenant
assumes all risk of damage to property or injury to person, in, upon or about the Premises, from
any cause other than Landlord’s intentional misconduct, and Tenant waives all claims in respect
thereof against Landlord.Landlord (and its officers, employees and agents) shall not be liable
for (a) any damage to property entrusted to Landlord’s employees, nor for loss or damage to any
property by theft or otherwise, nor for any injury to or damage to persons or property resulting
4
from any cause whatsoever, unless caused by Landlord’s intentional misconduct, (b) loss of
business by Tenant, or (c) any latent defect in the Premises or in the Building. Tenant shall give
prompt notice to Landlord in case of fire or other casualty, accidents, or items requiring
maintenance, repair or replacement.
13.SUBROGATION.As long as their respective insurers so permit, Landlord and Tenant
mutually waive their respective rights of recovery against each other for any loss insured by fire,
extended coverage and other property insurance policies existing for the benefit of the respective
parties. Each party shall obtain any special endorsement, if required by their insurer to evidence
compliance with this waiver.
14.TENANT’S INSURANCE.
(a)Throughout the Term Tenant shall keep in full force and effect, at its expense, a
policy of commercial general liability insurance with respect to the Premises and
the business of Tenant, including bodily injury, personal injury, and property
damage, in amounts of no less than $1,000,000 per occurrence, $2,000,000
aggregate using current ISO General Liability forms or equivalent, on an
occurrence basis, naming the Landlord as additional insured. The preceding
insurance limits shall not reduce Tenant’s liability under this Lease.
(b)Tenant shall, at its own costs and expense, maintain replacement cost insurance
including (i) “all risk” coverage, with extended coverage endorsement, for the
benefit of Tenant on all improvements within the Premises that Tenant is required
to maintain, repair, and/or replace regardless of whether or not Tenant owns such
improvements, and (ii) damage or loss to furniture, fixtures, equipment,
machinery, goods, supplies or personal property which Tenant may bring upon
the Premises or which may be furnished to Tenant by Landlord or any third party.
(c)All of Tenant’s insurance policies shall be maintained with a carrier licensed to
issue insurance in Minnesota and with an A rating or higher.
(d)Tenant’s insurance policies shall provide that thirty (30) days written notice must
be given to Landlord prior to cancellation thereof. Tenant shall furnish to
Landlord proof of Tenant’s insurance policies, satisfactory to Landlord, prior to
taking possession of the Premises and by January 15 of each calendar year during
the Term. In addition, upon Landlord’s request from time to time, Tenant shall
provide copies of Tenant’s then-current insurance policies, Landlord shall be
named as an additional insured for liability insurance policies, and an additional
insured and loss payee for property insurance policies, as applicable. As often as
such policy or policies shall expire or terminate, renewal or additional policies
shall be procured by Tenant in a like manner and to like extent and Tenant shall
deliver evidence of such insurance renewal to Landlord prior to any such
expiration or termination.
15.UTILITIES AND SERVICES.Landlord shall be responsible for furnishing heat, air
conditioning and electricity to the Premises during the Term. Landlord shall not be liable for,
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and Tenant shall not be entitled to, any reduction of rent or damages by reason of failure to
furnish any of the foregoing services or utilities when such failure is caused by accident,
breakage, repairs, strikes, lockouts or other labor disturbances or labor disputes of any character,
or by any other cause, similar or dissimilar. Except as provided in this Section, Tenant shall be
responsible, at its own expense, for its own office services, furniture, furnishings and equipment,
including, without limitation, phone number/system, internet, computers, mailbox, mail service,
desks, chairs, file cabinets, copier, fax, and the like, at its own expense. Tenant shall be
responsible for its own janitorial services. Tenant shall also be responsible for collecting,
removing and disposing of its garbage and recycling from the Premises. Tenant may desposit
such garbage and recycling in the designated dumpsters and containers provided by the Landlord
located on the west side of the Building, provided only customary office waste and recycling
materials may be deposited in the Landlord’s dumpsters and containers.
16.RULES AND REGULATIONS.Tenant shall observe and comply with the rules and
regulations that Landlord shall adopt from time to time (“Rules”). Rules shall be binding upon
Tenant upon written notice to Tenant.
17.ENTRY BY LANDLORD.Landlord reserves and shall all times have the right to enter
the Premises, inspect the same, supply any service to be provided by Landlord to Tenant under
this Lease, to post notices of non-responsibility, and to alter, improve or repair the Premises and
any portion of the Building that Landlord deems necessary or desirable, without abatement of
rent. Without limiting the foregoing, Tenant acknowledges and agrees the Landlord shall have
the right to periodically enter the Premises in order to access, via the Premises, the elevator
maintenance room for the Building. Tenant waives any claim for damages or for any injury or
inconvenience to or interference with Tenant’s business, any loss of occupancy or quiet
enjoyment of the Premises, and any other loss occasioned by Landlord’s activities in the
Premises. Tenant acknowledges that Landlord shall retain a key or fob with which to unlock all
of the doors in the Premises and Landlord shall have the right to use any and all means which
Landlord may deem proper to open said doors in an emergency or in order to obtain entry to the
Premises for the purposes described in this Section, all without liability to Tenant. Any entry to
the Premises obtained by Landlord by any of said means or otherwise shall not under any
circumstances be construed or deemed to be a forcible or unlawful entry into, or a detainer of,
the Premises, or an eviction of Tenant from the Premises. Nothing in this Section shall impose a
duty upon Landlord to perform any maintenance, repairs or alterations within the Premises
unless specifically required elsewhere in the Lease.
18.CASUALTY.If the Premises or the Building are damaged in whole or in part by fire or
other casualty, Landlord shall have the right to terminate the Lease on thirty (30) days’ notice to
Tenant. Landlord shall not be required to repair any damage to any Tenant improvements,
decoration, fixtures, furniture, floor covering, partitions, personal property or other property
installed or located in the Premises by Tenant resulting from any such fire or casualty. Tenant
shall not be entitled to compensation or damages from Landlord for loss of the use of the whole
or any part of the Premises or Tenant’s personal property, or any inconvenience occasioned by
such damage, repair, reconstruction or restoration.
19.PARKING AREAS.Tenant shall have a non-exclusive right to use, in common with the
public, the Building’s public parking facilities, as they exist from time to time, subject to any
6
rights, powers, and privileges reserved by Landlord under the terms of this Lease or under the
terms of any Rules. Landlord reserves and may exercise the following rights without affecting
Tenant’s obligations under this Lease: (i) to make changes to the parking facilities; (ii) to close
temporarily any of the parking facilities for maintenance purposes so long as reasonable access
to the Premises remains available; and/or (iii) to limit or otherwise restrict Tenant’s use of the
parking facilities as may be deemed reasonable in Landlord’s discretion.
20.SIGNS.Tenant may not install any sign, lettering, picture, notice or advertisement on or
in any part of the Premises or the Building without Landlord’s prior written consent. Tenant
shall not have the right to have any sign on the exterior of the Building. Any sign on the exterior
of the Premises identifying the Premises as the Tenant’s office shall state that the Tenant is “an
independent non-profit organization and not a department of or affiliated with the City
Government of Golden Valley”, or words of similar import approved by the Landlord.
21.STATUS OF LANDLORD AND TENANT.The Landlord and Tenant are not intended
to become partners or joint venturers and nothing herein shall be construed or applied to
constitute the Landlord and Tenant as partners or joint venturers. Further, nothing herein, shall
grant the Tenant any authority to act on behalf of Landlord, and the Tenant shall at all times
make apparent to third parties that Tenant does not have authority to act on behalf of the
Landlord.
22.USE OF BUILDING’S ADDRESS.The Tenant may use the following as the mailing
address for the Premises: “7800 Golden Valley Road, Suite 100, Golden Valley, Minnesota
55427”. The Tenant shall not use the words “City Hall” in any printed or electronic materials in
reference to the Tenants’ place of contact, office or business. All printed and electronic
materials within the Tenant’s direction or control, including without limitations web pages,
mailings and letterhead, that contain the address of the Premises as the Tenant’s place of contact,
office or business shall include a statement that the Tenant is “an independent non-profit
organization and not a department of or affiliated with the City Government of Golden Valley”,
or words of similar import approved by the Landlord.
23.DEFAULT.The occurrence of any one or more of the following events shall constitute
a default of this Lease by Tenant: (a) the vacating or abandonment of the Premises by Tenant; (b)
the failure by Tenant provide the Agreed Services; (c) an assignment or subletting by Tenant in
violation of this Lease; (d) failure by Tenant to observe or perform any of the covenants,
conditions or provisions of this Lease to be observed or performed by the Tenant; (e) the making
by Tenant of any general assignment or general arrangement for the benefit of creditor(s); (f) the
filing by or against Tenant of a petition to have Tenant adjudged a bankrupt, or a petition for
reorganization under any law relating to bankruptcy or the appointment of a trustee or a receiver
to take possession of substantially all of Tenant’s assets located at the Premises or Tenant’s
interest in this Lease; or (g) the attachment, execution or other judicial seizure of substantially all
of Tenant’s assets located at the Premises or of Tenant’s interest in this Lease.
24.REMEDIES UPON DEFAULT.Upon default of this Lease by Tenant, Landlord may
at any time thereafter, take possession of the Premises and any personal property located thereon,
and shall otherwise have all the remedies permitted by law. If Tenant does not move out,
Landlord may bring an eviction action. Should Landlord at any time terminate this Lease for any
7
breach of this Lease by Tenant, in addition to any other remedies it may have, it may recover
from Tenant all damages it may incur by reason of such breach, including the cost of recovering
the Premises and reasonable attorney’s fees. No remedy under this Lease shall be deemed
exclusive. All remedies under this Lease shall, wherever possible, be cumulative with all other
remedies in this Lease.
25.GENERAL PROVISIONS.
(a)Waiver. Waiver of any provision or default under this Lease must be in writing.
No waiver of any provision of this Lease or default shall be implied from any
failure of the other party to take any action on account of such default if such
default persists or is repeated, and no written waiver shall affect any default other
than the default specified in the express written waiver and only to the extent
therein stated. One or more written waivers by Landlord or Tenant shall not be
construed as a waiver of a subsequent breach of the same covenant, term or
condition. The consent to or approval by Landlord of any act by Tenant requiring
Landlord’s consent or approval shall not waive or render unnecessary Landlord’s
consent to or approval of any subsequent similar act by Tenant.
(b)Notices.Any notices required or permitted to be served hereunder shall be given
in writing and shall be effective upon its deposit in the United States mails,
postage prepaid, addressed as follows:
If to Landlord: City of Golden Valley
7800 Golden Valley Road
Golden Valley, MN 55427
Attn: City Manager
If to Tenant Golden Valley Community Foundation
____________________
____________________
or to such other place as either party shall designate by notice to the other party.
(c)Headings.The headings in this Lease are not a part of this Lease and shall have
no effect upon the construction or interpretation of any part of this Lease.
(d)Successors and Assigns.The terms, covenants and conditions of this Lease shall
be binding upon and inure to the successors and permitted assigns of the parties.
(e)Recordation.Tenant shall not record this Lease.
(f)Prior Agreements.The Lease contains all of the agreements of the parties with
respect to any matter covered by this Lease, and no prior agreements or
understanding pertaining to any such matters shall be effective for any purpose.
No provision of this Lease may be amended except by an agreement in writing
8
signed by the parties or their respective successors in interest. This Lease shall
not be effective or binding on any party until fully executed by both parties.
(g)Invalid Provisions.The invalidity or unenforceability of any provision of this
Lease shall not affect or impair the validity of any other provision.
(h)Limitations on Liability.Landlord is not liable under any circumstances for
Tenant’s lost opportunities, revenue or income, or for consequential, special,
punitive or indirect damages of any kind. Notwithstanding anything to the
contrary herein, nothing in this Lease shall be deemed to constitute a waiver of
any of the Landlord’s governmental immunity defenses and/or the maximum
liability limits provided in Minnesota Statutes Chapter 466 or any other applicable
law limiting the liability of Landlord.
(i)Choice of Law.This Lease shall be governed by the laws of the State of
Minnesota.
(j)Lease Construction.The parties acknowledge that each has read this Lease,
consulted with an attorney regarding its terms, and agrees with its terms as though
that party had drafted this Lease itself. The parties agree that although this Lease
was, by necessity, printed and assembled by Landlord and drafted by Landlord’s
attorney, this Lease reflects the terms as agreed to by the parties and that if a term
or provision of this Lease is considered ambiguous, neither party will be
considered the draft person for the purpose of causing the terms of this Lease to
be construed against that party.
(k)Counterparts.This Lease may be executed in any number of counterparts, each
of which shall be deemed to be an original, but all of which shall constitute one
and the same instrument. Delivery of an executed counterpart of a signature page
of this Lease by facsimile transmission or electronic transmission (e.g., “pdf” or
“tif”) shall be effective as delivery of an original executed counterpart of this
Lease.
(l)Exhibits. All exhibits referred to herein and attached hereto shall be deemed part
of this Agreement.
(m)No Third Party Beneficiaries.This Agreement creates no rights in any third
parties, except as specifically stated.
[SIGNATURE PAGE(S) ATTACHED]
9
IN WITNESS WHEREOF, the Landlord and the Tenant have caused this Lease to be
executed in form and manner sufficient to bind them at law, as of the day and year first above
written.
Signed:
Golden Valley Community Foundation,
a Minnesota nonprofit corporation
By: _____________________________
Print Name: ______________________
Its: _____________________________
Signed:
City of Golden Valley,
a Minnesota municipal corporation
By ______________________________
Timothy J. Cruikshank, City Manager
10
EXHIBIT A
FLOOR PLAN
11
(attached)
EXHIBIT B
List of Key Fob Recipients
Key Fob Identification Number Tenant Representative
13
EXHIBIT C
Building Hours
Tenant shall have access to the Building on those days and during those hours Landlord makes
the Building open to the public in accordance with its normal practices and procedures, which
days do not include the following holidays:
•New Year’s Day
•Martin Luther King Day (3
rd Monday in January)
•Presidents Day (3
rd Monday in February)
•Memorial Day (last Monday in May)
•Independence Day
•Labor Day (first Monday in September)
•Veterans Day
•Thanksgiving Day (4
th Thursday in November) and the day after Thanksgiving Day
•Christmas Eve Day (December 24
th)
•Christmas Day (December 25
th)
In addition, Tenant shall have access to the Building, via the Key Fobs, during the following
Afterhours, provided there shall be no access to the Building during Afterhours that fall on one
of the above referenced holidays:
•Monday through Thursday, inclusive, from 5pm to 10pm.
•Saturday and Sunday, from 8am to 1pm.
A G E N D A
Council/Manager Meeting
Golden Valley City Hall
7800 Golden Valley Road
Council Conference Room
March 14, 2017
6:30 pm
Pages
1. Comprehensive Plan Updates - Land Use (15 minutes)
2. Brookview Update (15 minutes)
3. Brookview Branding (30 minutes)
4. Commission Annual Reports:
a. Bassett Creek Water Management Commission (15 minutes)
b. Human Rights Commission (15 minutes)
5. Solar Project (20 minutes)
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.
AGENDA
Regular Meeting of the
City Council
Golden Valley City Hall
7800 Golden Valley Road
Council Chamber
March 21, 2017
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 March 7, 2017
B.Approval of City Check Register
C.Licenses:
D.Minutes:
1.
E.Bids and Quotes
1. Award Contract the 2017 PMP
2. Approve HVAC System Contract
F.Approve Resolution Supporting No Parking Along Glenwood Avenue
4.PUBLIC HEARINGS
A.Public Hearing - Ordinance # -Zoning Code Text Amendment Board of Zoning Appeals
Bylaws Change (Youth Member)
5.OLD BUSINESS
6.NEW BUSINESS
A.Second Consideration - Ordinance # - Board and Commission Addition of Youth
Member
B.METRO Blue Line LRT Update
C.Announcement of Meetings
1. Future Draft Agendas:, City Council April 4, 2017, Council/Manager April 13, 2017
and City Council April 20, 2017
D.Mayor and Council Communications
7.ADJOURNMENT
AGENDA
Regular Meeting of the
City Council
Golden Valley City Hall
7800 Golden Valley Road
Council Chamber
April 4, 2017
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 March 21, 2017
B.Approval of City Check Register
C.Licenses:
1.
D.Minutes:
1.
E.Bids and Quotes
1.
F.
4.PUBLIC HEARINGS
A.
5.OLD BUSINESS
6.NEW BUSINESS
A.Announcement of Meetings
1. Future Draft Agendas: Council/Manager April 13, 2017, City Council April 20 and
May 2, 2017
B.Mayor and Council Communications
7.ADJOURNMENT