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05-01-18 CC Agenda Packet (entire) AGENDA Regular Meeting of the City Council Golden Valley City Hall 7800 Golden Valley Road Council Chamber May 1, 2018 6:30 pm 1. CALL TO ORDER PAGES A. Pledge of Allegiance B. Roll Call C. Proclamation for the Minnesota Rolling Rowdies Prep Wheelchair Basketball Team 3-4 D. Proclamation for Arbor Day and Arbor Month 5-6 2. ADDITIONS AND CORRECTIONS TO AGENDA 3. CONSENT AGENDA Approval of Consent Agenda - All items listed under this heading are considered to be routine by the City Council and will be enacted by one motion. There will be no discussion of these items unless a Council Member so requests in which event the item will be removed from the general order of business and considered in its normal sequence on the agenda. A. Approval of Minutes: 1. City Council Meeting - April 17, 2018 7-12 B. Approval of City Check Register 13 C. Licenses: 1. On-Sale Brewer Taproom and Off-Sale Brewer Malt Liquor License - Under Pressure Brewing Company 14 2. General Business Licenses - Refuse and Recycling 15 D. Minutes of Boards and Commissions: 1. Planning Commission - April 9, 2018 16-23 2. Human Rights Commission - January 23, 2018 24-25 3. Environmental Commission - March 26, 2018 26-27 4. Human Services Fund - March 19, 2018 28 5. Open Space & Recreation Commission - November 27, 2017 29-30 6. Bassett Creek Watershed Management Commission - March 15, 2018 31-37 E. Bids and Quotes: 1. Award Contract for the 2018 Crack Sealing Project No. 18-13 38-40 F. Acceptance of Donation Memorial Bench Plaque and a Bench for Brookview Golf Course 18-30  41-42 G. Acceptance of Report of Inspection Procedure and Results for Determining Qualification of a Tax Increment Financing District as a Redevelopment District 18-31  43-49 4. PUBLIC HEARINGS A. Public Hearing - Xenia Avenue South and Golden Hills Drive Improvement Project No. 16-09 18-32  50-64 B. Public Hearing - Special Assessment for Xenia Avenue South and Golden Hills Drive Improvement Project No. 16-09 18-33 65-70 C. Public Hearing - Ordinance #633 - Conditional Use Permit 110, Amendment #1 - 730 Florida Avenue South - Import Auto Sales, LLC, Applicant 71-90 D. Public Hearing - Ordinance #634 - Tennant Companies PUD No. 114, Amendment #3 - 701 Lilac Drive North - Transform Minnesota, Applicant 91-113 Page 2 May 1, 2018 4. PUBLIC HEARINGS - continued E. Public Hearing - Amendment to the General Land Use Plan Map - Lot 2 of Tennant Companies PUD No. 114 - Oppidan, Inc., Applicant 18-34 114-127 F. Public Hearing - Ordinance #635 - Amendment to the Official Zoning Map for Lot 2 of Tennant Companies PUD No. 114 Plat - Oppidan, Inc., Applicant 128-144 G. Public Hearing - Ordinance #636 - Conditional Use Permit 159 - Lot 2 of Tennant Companies PUD No. 114 - Oppidan, Inc., Applicant 145-165 H. Public Hearing - Preliminary Plat Approval - Marie Estates - 7040 Glenwood Avenue 166 5. OLD BUSINESS 6. NEW BUSINESS All Ordinances listed under this heading are eligible for public input. A. Award 2018 Trunk Highway 100 Pedestrian Bridge Maintenance Project No. 17-21 167-168 B. Authorize Agreement for Traffic Control Signal with the Minnesota Department of Transportation 18-35 169-181 C. First Consideration - Ordinance #637 - Amendment to Section 5.02: Application and Licenses under this Chapter - Procedure and Administration  182-196 D. Review of Council Calendar E. Mayor and Council Communications 7. ADJOURNMENT Executive Summary For Action Golden Valley City Council Meeting May 1, 2018 Agenda Item 1. C. Proclamation for the Minnesota Rolling Rowdies Prep Wheelchair Basketball Team Prepared By Tim Cruikshank, City Manager Summary The Minnesota Rolling Rowdies are a wheelchair basketball team comprised of youth 13 and under who travel across the United States to play teams in tournaments throughout the basketball season. The team plays as part of the Courage Kenny’s wheelchair basketball program. This year the team finished their regular season undefeated and finished second in the National Wheelchair Basketball Association National Tournament in Louisville, Kentucky. Program Coordinator Beka Bickel and members from the team will be in attendance to accept the proclamation. Attachment: • Proclamation for Minnesota Rolling Rowdies Prep Wheelchair Basketball Team (1 page) Recommended Action Motion to adopt a Proclamation for the Minnesota Rolling Rowdies Prep Wheelchair Basketball Team. CITY OF GOLDEN VALLEY PROCLAMATION FOR THE MINNESOTA ROLLING ROWDIES PREP WHEELCHAIR BASKETBALL TEAM WHEREAS, Courage Kenny is an integral component within the Golden Valley community; and WHEREAS, the Golden Valley City Council desires to recognize the Minnesota Rolling Rowdies Prep team for their exemplary season and outstanding performance and display of sportsmanship; and WHEREAS, the Rowdies finished their regular season undefeated; and WHEREAS, the Rowdies finished 2nd in the Nation at the National Wheelchair Basketball Association National Tournament in Louisville, Kentucky. NOW , THEREFORE, let it be known, that the Mayor and City Council of the City of Golden Valley hereby congratulates the team and volunteer coaches on this tremendous accomplishment. IN WITNESS WHEREOF, I have hereunto set my hand and caused the great seal of the City of Golden Valley to be affixed this 1st day of May, 2018. __________________________ Shepard M. Harris, Mayor Executive Summary For Action Golden Valley City Council Meeting May 1, 2018 Agenda Item 1. D. Proclamation for Arbor Day and Arbor Month Prepared By Al Lundstrom, Park Maintenance Supervisor Tim Teynor, Assistant City Forester Summary The City of Golden Valley was recently awarded the 2017 Tree City USA Award. It is the 31st consecutive year Golden Valley has received this national recognition. Tree City USA recognizes communities that have proven their commitment to an effective, ongoing community forestry program. Tree City USA is sponsored in cooperation with the National Association of State Foresters and the USDA Forest Service. To become a Tree City USA, a community must meet four standards: 1. Operate a forestry division 2. Have a tree ordinance 3. Manage a comprehensive community forestry program 4. Observe Arbor Day This year’s Arbor Day activities will be celebrated at the School of Engineering and Arts, 1751 Kelly Drive, in Golden Valley on May 10, 2018 at 10 am. Attachments • Proclamation for Arbor Day - May 10, 2018 and Arbor Month - May 2018 (1 page) Recommended Action Motion to adopt a Proclamation for Arbor Day - May 10, 2018 and Arbor Month - May 2018 in the City of Golden Valley. CITY OF GOLDEN VALLEY PROCLAMATION FOR RECOGNITION ARBOR DAY AND ARBOR MONTH - MAY 2018 WHEREAS, Golden Valley’s urban forest treasures were a significant attraction to early settlers because of their usefulness and the beautiful environment they provided; and WHEREAS, trees are an increasingly vital resource in Golden Valley today, enriching our lives by purifying air and water, helping conserve soil and energy, serving as recreational settings, providing habitat for wildlife of all kinds, and making our community more livable; and WHEREAS, trees are a renewable resource giving us paper, wood for our homes, fuel for our fires and countless other wood products; and WHEREAS, trees in our city increase property values, enhance the economic vitality of business areas, and beautify our community; and WHEREAS, trees, wherever they are planted, are a source of warmth and security; and WHEREAS, Golden Valley has been recognized as a Tree City USA by the National Arbor Day Foundation and desires to continue its urban forestry efforts. NOW, THEREFORE, I, Shepard Harris, Mayor of the City of Golden Valley, have proclaimed May 10, 2018, as Arbor Day and May as Arbor Month in the City of Golden Valley, and urge all citizens to support efforts to protect our trees and woodlands and to support our City’s urban forestry program; and BE IT FURTHER RESOLVED, the Golden Valley City Council urges all citizens to become more aware of the importance of trees to their well-being, and to plant, nurture, protect, and wisely use Golden Valley’s great treasure of trees. IN WITNESS WHEREOF, I have hereunto set my hand and caused the great seal of the City of Golden Valley to be affixed this 10th day of May 2018. __________________________ Shepard M. Harris, Mayor UNOFFICIAL MINUTES CITY COUNCIL MEETING GOLDEN VALLEY, MINNESOTA April 17, 2018 1. CALL TO ORDER Mayor Harris called the meeting to order at 6:59 pm. 1A. Pledge of Allegiance 1B. Roll Call Present: Mayor Harris, Council Members Joanie Clausen, Larry Fonnest, Gillian Rosenquist and Steve Schmidgall. Also present were: City Manager Cruikshank and City Clerk Luedke. 1C. Presentation - Proclamation for Cooper High School Girls Basketball Team Mayor Harris presented a proclamation to Coach Buford and members of the Cooper High School Girls Basketball team recognizing their 2018 Class 3A State Championship. The Council congratulated Coach Buford and the team members for a job well done. MOTION made by the whole Council, seconded by the whole Council to approve the proclamation and the motion carried. 2. ADDITIONS AND CORRECTIONS TO AGENDA MOTION made by Council Member Fonnest, seconded by Council Member Rosenquist to approve the agenda of April 17, 2018, as submitted and the motion carried. 3. APPROVAL OF CONSENT AGENDA MOTION made by Council Member Fonnest, seconded by Council Member Rosenquist to approve the consent agenda of April 17, 2018, as revised: removal of 3M-Approve Board and Commission appointments and 3N-Accept a Resignation from the Human Services Fund and the motion carried. 3A1. Approve Minutes of Council/Manager Meeting - March 13, 2018. 3A2. Approve Minutes of City Council Meeting - April 3, 2018. 3B. Approve City Check Register and authorize the payments of the bills as submitted. 3C1. Approve the issuance of an On-Sale Intoxicating and Sunday Sale Liquor License to Latitude 14 Inc. dba Lat 14 Asian Eatery, located at 8806 Olson Memorial Highway for the July 1, 2018, through July 30, 2019 period. 3C2. Authorize the renewal of the Fireworks Sale License for Menards for a period of May 1, 2018, through April 31, 2019.   3D. Accept for filing the Minutes of Boards and Commissions as follows: 1. Planning Commission - February 26 and March 26, 2018. 2. Special Planning Commission - March 12, 2018. 3E1. Approve the quote from Hendricksen for the purchase and installation of office furniture in the amount of $32,020.91. 3E2. Approve purchase of a 2018 Ford F-350 4x4 XLT Crew Cab from Midway Ford in the amount of $37,550 and the purchase of a Highland Rescue Body from ABM Equipment & Supply in the amount of $47,168. Unofficial City Council Minutes -2- April 17, 2018 3. APPROVAL OF CONSENT AGENDA - continued 3E3. Approve purchase of a Caterpillar G315B-D Grapple from Ziegler CAT in the amount of $32,303.75, the trade-in of a 2003 Caterpillar 950G Front End Loader Unit 766 from Ziegler CAT in the amount of $51,000 and authorize staff to sell the existing grapple attachment using the State of Minnesota Surplus Services.   3F. Authorize a contract with Sir Lines-A-Lot for the 2018 Pavement Marking project, City Project No. 18-11 in the amount of $26,220.10. 3G. Receive and file the March 2018 Financial Reports.  3H. Adopt Resolution 18-26, authorizing the Transfer of $1,884,420 from the General Fund to the Equipment Replacement Fund. 3I. Authorize City Manager to sign an agreement with Twin City Tennis Camps. 3J. Adopt Resolution 18-27, providing for the Competitive Negotiated Sale of $2,975,000 General Obligation Improvement Bonds, Series 2018A. 3K. Authorize the Mayor and City Manager to execute the First Partial Assignment and Assumption of Planned Unit Development Agreement and Consent and the First Amendment to Planned Unit Development Agreement for the Global Pointe Senior Community Project. 3L. Adopt Resolution 18-28, authorizing Submittal of Application and Execution of Agreements on behalf of Global Pointe Senior Community for Minnesota Department of Employment and Economic Development Contamination Cleanup Grant Program. 3M. Approve the Board and Commission appointments and reappointments. 3N. Accept the Resignation from the Human Services Fund. 3. ITEMS REMOVED FROM THE CONSENT AGENDA 3M. Approve the Board and Commission Appointments and Reappointments Council thanked the Board and Commission members for their service to the City of Golden Valley. MOTION made by Council Member Clausen seconded by Council Member Rosenquist to approve the following Board and Commission appointments and reappointments and the motion carried. Appointments: Environmental Commission Human Rights Commission Scott Seys 3 year - expires May 1, 2021 Chris Mitchell 3 year - expires May 1, 2021 Open Space and Recreation Commission Planning Commission Max Hyberger 3 year - expires May 1, 2021 Lauren Pockl 3 year - expires May 1, 2021 Human Services Fund Jason Kapel 3 year - expires May 1, 2021 Jonas Courneya 3 year - expires May 1, 2021 Michelle Shull 3 year - expires May 1, 2021 Denise La Mere-Anderson 1 year - expires May 1, 2019 Reappointments: Human Rights Commission Human Services Fund Gloria Peck 3 year - expires May 1, 2021 Stephanie Devitt 3 year - expires May 1, 2021 Eve Clarkson (Student) 1 year - expires May 1, 2019 Sophia Vento (Student) 1 year - expires May 1, 2019 Unofficial City Council Minutes -3- April 17, 2018 Reappointments - continued: Planning Commission Environmental Commission Ronald Blum 3 year - expires May 1, 2021 Dawn Hill 3 year - expires May 1, 2021 Andy Johnson 3 year - expires May 1, 2021 Joseph Ramlet (Student) 1 year - expires May 1, 2019 Open Space and Recreation Commission Civil Service Commission Bob Mattison 3 year - expires May 1, 2021 Ralph Schulz 3 year - expires May 1, 2021 Kimberly Sandberg 3 year - expires May 1, 2021 Board of Zoning Appeals David Perich 1 year - expires May 1, 2019 George Maxwell 1 year - expires May 1, 2019 Nancy Nelson 1 year - expires May 1, 2019 Richard Orenstein 1 year - expires May 1, 2019 3N. Accept Resignation from Human Services Fund Council thanked Ms. Andrea Mac Arthur for her service on the Human Services Fund. MOTION made by Council Member Clausen, seconded by Council Member Rosenquist to accept the Resignation of Andrea Mac Arthur from the Human Services Fund and the motion carried. 4. PUBLIC HEARINGS 4A. Public Hearing - Amendment to the Redevelopment Plan for Douglas Drive Corridor Redevelopment Project Area Physical Development Director Nevinski presented the staff report and answered questions from Council, Mayor Harris opened the public hearing. No one came forward. Mayor Harris closed the public hearing. MOTION made by Council Member Fonnest, seconded by Council Member Rosenquist to adopt Resolution 18-29, providing for Public Hearing on Adopting the amended Redevelopment Plan for Douglas Drive Corridor Redevelopment Project Area upon a vote being taken the following voted in favor of: Clausen, Fonnest, Harris, Rosenquist and Schmidgall, the following voted against: none and the motion carried. 4B. Public Hearing - Approval of Conditional Use Permit 160 - 8806 Olson Memorial Highway - Latitude 14, Inc., Applicant Associate Planner/Grant Writer Goellner presented the staff report and answered questions from Council, Mayor Harris opened the public hearing. Ms. Ann Ahmed, applicant, said that she currently owns the Lemon Grass Thai restaurant in Brooklyn Park. She provided her background in the restaurant business, the reasons she chose to open a restaurant in the City of Golden Valley and the cuisine she plans to serve. She answered questions from Council. Unofficial City Council Minutes -4- April 17, 2018 4B. Public Hearing - Approval of Conditional Use Permit 160 - continued Mr. Tarique Ahmed, applicant, thanked the Council and City for the opportunity to open a business in Golden Valley and answered question from Council. Mr. Rob Roy, owner of Golden Valley tire, said his business is right next to the restaurant and he is concerned that the patio will be constructed on his side of the building because his auto shop does make noise but added he is excited to have a new neighbor. Ms. Erica Freeman, Shea Architects, said the restaurant plans to build a fence and have plants around the outside patio. Mayor Harris closed the public hearing. There was Council discussion regarding the Conditional Use Permit for 8806 Olson Memorial Highway for Latitude 14. MOTION made by Council Member Schmidgall, seconded by Council Member Fonnest to adopt Ordinance #632, approval of Conditional Use Permit 160 - 8806 Olson Memorial Highway - Latitude 14, Inc., Applicant upon a vote being taken the following voted in favor of: Clausen, Fonnest, Harris, Rosenquist and Schmidgall, the following voted against: none and the motion carried. 4C. Public Hearing - Preliminary Plat Approval - Marie Estates - 7040 Glenwood Avenue Planning Manager Zimmerman presented the staff report and answered questions from Council. City Manager Cruikshank answered questions from Council. Mayor Harris opened the public hearing. Mr. Peter Knaeble, applicant, said he has been considering some alternative proposals with the property owners. He said that he understands the County’s concern on the driveway placements for the proposed lots. He provided an overview of the existing home in relationship to the property and said the owners would like to preserve the existing home because it could be maintained under the affordable housing policy. He said since the Planning Commission meeting, he has met with the neighbors again and based on the conversation he would like to redesign the project from 3 lots to 2 lots and bring it back through the process. There was Council discussion regarding the Preliminary Plat Approval for Marie Estates at 7040 Glenwood Avenue. MOTION made by Council Member Fonnest, seconded by Council Member Clausen to postpone the public hearing regarding the Preliminary Plat Approval for Marie Estates to the May 1, 2018, City Council meeting and the motion carried. 4D. Public Hearings - Approval of Conditional Use Permit and Amendments to the General Land Use Plan Map and the Official Zoning Map - 5508 Olson Memorial Highway (Damascus Way) Planning Manager Zimmerman presented the staff report and answered questions from Council. Unofficial City Council Minutes -5- April 17, 2018 4D. Public Hearings - Approval of Conditional Use Permit - continued MOTION made by Council Member Rosenquist, seconded by Council Member Clausen to postpone the public hearings regarding a Conditional Use Permit and Amendments to the General Land Use Plan Map and the Official Zoning Map for 5508 Olson Memorial Highway to the May 1, 2018, City Council meeting and the motion carried. 5. OLD BUSINESS   6. NEW BUSINESS 6A. Authorize Entering into Agreements with Verizon Wireless for Small Wireless Facility Collocation Agreement and Agreement Supplement City Engineer Oliver presented the staff report and answered questions from Council. MOTION made by Council Member Rosenquist, seconded by Council Member Clausen to authorize entering into Small Wireless Facility Collocation Agreement with Verizon Wireless; and a Small Wireless Facility Collocation Agreement for installation of facilities at Wisconsin Avenue North and Trunk Highway 55 and the motion carried. 6B. Authorize a Master Funding Agreement with Metropolitan Council for Metro Blue Line Extension Light Rail Transit City Engineer Oliver presented the staff report and answered questions from Council. MOTION made by Council Member Clausen, seconded by Council Member Fonnest to authorize entering into a Master Funding Agreement with Metropolitan Council for the Metro Blue Line Extension Light Rail Transit and the motion carried. 6C. Review of Council Calendar Some Council Members may attend the Annual Bicycle and Pedestrian Planning Task Force meeting on April 18, 2018, from 6 to 8 pm in the Council Conference Room. Some Council Members may attend the Global Pointe Senior Living Neighborhood meeting on April 18, 2018, from 6 to 7 pm in the Council Chambers. Some Council Members may attend the Metro Cities Annual meeting on April 19, 2018, at 5:30 pm at the Como Park Zoo & Conservatory located at 1225 Estabrook Drive, St Paul. Some Council Members may attend the Meadowbrook’s Parent’s Night Out Auction Party on April 20, 2018, from 6:30 to 9:30 pm at Brookview.   Some Council Members may attend the 33rd Annual TwinWest Gala on April 20, 2018, from 6:30 to 11 pm at the Mystic Lake Center & Hotel located at 2400 Mystic Lake Blvd, Prior Lake. Some Council Members may attend the Run the Valley event on April 21, 2018, starting at 7:45 am at Brookview. The 2018 Open Book meeting will be held on April 24, 2018, from 4 to 6 pm in the Council Conference Room. Unofficial City Council Minutes -6- April 17, 2018 6C. Review of Council Calendar - continued Some Council Members may attend the Golden Valley Business Council meeting on April 26, 2018, from 7:30 to 9 am at Perpich Arts School located at 6125 Olson Memorial Highway. Some Council Members may attend the Suburban Hennepin Housing Coalition meeting on April 26, 2018, at the Southdale Library located at 7001 York Ave, Edina. The 2018 Step To It Challenge will run from May 1 through May 28, 2018. The next City Council meeting will be held on May 1, 2018, at 6:30 pm. Some Council Members may attend the 2018 Bike Rodeo on May 3, 2018, at 6 pm at the Crystal Community Center located at 4800 Douglas Drive, Crystal. Some Council Members may attend the 2018 Animal Humane Society’s Walk for Animals on May 5, 2018, from 8 am to 1 pm at the Golden Valley Animal Humane Society located at 845 Meadow Lane North. Some Council Members may attend a Ribbon Cutting Ceremony for the Jewish Family and Children’s Services and PRISM on May 8, 2018, at 4 pm located at 5905 Golden Valley Road. 6D. Mayor and Council Communication Council Member Clausen said that she has received many compliments on the new Brookview and she thanked staff and the architect for their work on it. Council Member Rosenquist congratulated the Courage Kenny Junior Prep Wheelchair Basketball team on their second place win in the nationals over the weekend. Mayor Harris thanked staff for the efforts during the snowstorm event. He also thanked Council Member Schmidgall and staff for their work on the Bicycle and Pedestrian Task Force. 7. ADJOURNMENT MOTION made by Council Member Schmidgall, seconded by Council Member Rosenquist, and the motion carried to adjourn the meeting at 8:45 pm. _______________________________ Shepard M. Harris, Mayor ATTEST: __________________________ Kristine A. Luedke, City Clerk Executive Summary For Action Golden Valley City Council Meeting May 1, 2018 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 May 1, 2018 Agenda Item 3. C. 1. Approve On-Sale Brewer Taproom and Off-Sale Brewer Malt Liquor License - Under Pressure Brewing Company Prepared By Kris Luedke, City Clerk Summary Under Pressure Brewing Company LLC has applied for an on-sale brewer taproom and off-sale brewer malt liquor license. The brewer will be located at 8806 7th Avenue North. In City Code Section 5.34, an on-sale brewer taproom license requires an applicant to be licensed by the Commissioner of Public Safety. The applicant is unable to provide proof that its license has been approved by the Commissioner of Public Safety because the Commissioner requires proof that the City approved the license before the Commissioner will issue a license. Staff recommends approval of the license with the condition that the applicant provide proof that the Commissioner also approved the license before the applicant begins selling alcohol. The City Attorney has reviewed the application, and has found the documents are in order. The Golden Valley Police Department has completed the background investigation and has found no reason to deny the license. Recommended Action Motion to approve the issuance of an On-Sale Brewer Taproom and Off-Sale Brewer Malt Liquor License to Under Pressure Brewing Company located at 8806 7th Avenue North through June 30, 2018, contingent upon the applicant providing proof that the Commissioner approved their license before the brewer begins selling alcohol. Executive Summary For Action Golden Valley City Council Meeting May 1, 2018 Agenda Item 3. C. 2. General Business Licenses - Refuse and Recycling Vehicles Prepared By Shannon Dietrich, Administrative Assistant Summary The following establishments have applied for renewal of their refuse and recycling vehicles license for the 2018-2019. The applicant have met City Code requirements for the renewal of their license and staff is recommending approval. License # Applicant License Type Fee #9442 Ace Solid Waste 3 Refuse Vehicles $ 150 9813 Flying Cloud Drive #9423 Ace Solid Waste 1 Recycling Vehicle $ 50 9813 Flying Cloud Drive #9418 Baldy Sanitation 1 Refuse Vehicle $ 50 5906 Henry Street #9437 Waste Management of MN Inc. 9 Refuse Vehicles $ 450 10050 Naples St NE #9432 Waste Management of MN Inc. 1 Recycling Vehicle $ 50 10050 Naples St NE Recommended Action Motion to authorize the renewal of the above refuse and recycling vehicles licenses for the 2018 through 2019 license period. Regular Meeting of the Golden Valley Planning Commission April 9, 2018 A regular meeting of the Planning Commission was held at the Golden Valley City Hall, Council Conference Room, 7800 Golden Valley Road, Golden Valley, Minnesota, on Monday, April 9, 2018. Secretary Blum called the meeting to order at 7:11 pm. Those present were Planning Commissioners Black, Blum, Brookins, Segelbaum and Waldhauser. Also present were Planning Manager Jason Zimmerman and Administrative Assistant Lisa Wittman. Commissioners Angell, Johnson and Baker were absent. 1. Approval of Minutes March 12, 2018, Special Planning Commission Meeting MOVED by Brookins, seconded by Waldhauser and motion carried unanimously to approve the March 12, 2018, minutes as submitted. March 26, 2018, Regular Planning Commission Meeting MOVED by Waldhauser, seconded by Blum and motion carried unanimously to approve the March 26, 2018, minutes as submitted. 2. Informal Public Hearing – Major PUD Amendment – 701 Lilac Drive – Tennant PUD #114 – PU114-A3 Applicant: Transform Minnesota (Damascus Way) Address: 701 Lilac Drive Purpose: To modify the boundary of the existing Tennant PUD Zimmerman reminded the Commission that they reviewed a Tennant PUD Amendment proposal back in October. He explained that a number of the applicant’s land use proposals have been withdrawn, but the Damascus Way portion of the proposal which involves removing Damascus from the Tennant PUD is moving forward. Zimmerman referred to a site plan and aerial photos of the property and explained that the applicant is proposing to relocate the Damascus Way facility to the west, outside of the PUD, where a vacant house currently sits. He noted that the Planning Commission already recommended approval of a land use change, a zoning change, and a Conditional Use Permit for Damascus Way. Zimmerman referred to a drawing showing easements and explained that some of them will need to be vacated, rededicated, or created as part of the Final plat. He stated that staff is recommending approval of the PUD Amendment because all six of the necessary findings have been met. Minutes of the Golden Valley Planning Commission April 9, 2018 Page 2 Waldhauser asked if the current Damascus Way property is being incorporated into the Tennant PUD. Zimmerman said not yet, Tennant would own the property, and will add it to the PUD in the future. Black referred to staff’s condition regarding stormwater management and asked why Tennant will be responsible when they are not the applicant in this proposal. Zimmerman stated that Tennant is involved in the PUD agreement for the entire PUD and that stormwater management issues are still being negotiated. Segelbaum asked if this proposal is subject to the PUD amenity point requirements. Zimmerman said no, currently the public amenity points are only required with the creation of a new PUD, not a PUD amendment. Segelbaum asked if staff attended the neighborhood meeting. Zimmerman said he did, and one neighbor who lives to the north of the proposed Damascus Way site also attended. Blum asked why the right-of-way to the south is being attached to the new Damascus Way parcel. Zimmerman stated that it is right-of-way that the City and MnDOT don’t want or need. He referred to an aerial photo and showed how it will be used for a sidewalk connection in the future. Waldhauser questioned why Tennant isn’t getting additional right- of-way on their other properties along the frontage road for the future sidewalk. Zimmerman stated that right-of-way will eventually be required for sidewalk as Tennant’s PUD proposal moves forward. Drew Johnson, Oppidan Investment Company, helping facilitate on behalf of Damascus Way and Tennant, stated he is in agreement with staff’s conditions subject to working out some of the stormwater issues and how the two parcels relate regarding stormwater. Blum opened the public hearing. Seeing and hearing no one wishing to comment, Blum closed the public hearing. Waldhauser said it seems like this is a small advancement on the larger Tennant PUD proposal they’ve already discussed. Segelbaum agreed and said it satisfies the requirements and provides benefits in that it makes the PUD more consistent and less of a hodge podge of different properties so he is in favor of this proposal. Blum agreed and said this is a good way for the City to be a partner with property owners and to add some value to the property. MOVED by Brookins, seconded by Blum and motion carried unanimously to recommend approval of a Major PUD Amendment plan for Tennant Companies PUD No. 114, Amendment #3 subject to the following findings and conditions: Findings: 1. The modifications do not negatively impact the overall quality of the site, and in fact advance the opportunity for planned improvements to the Tennant Campus by clearing land for future redevelopment. Minutes of the Golden Valley Planning Commission April 9, 2018 Page 3 2. The lot being created previously contained a single-family home, so no significant impacts to desirable portions of the site’s characteristics are likely. 3. The proposed amendment would utilize land efficiently by concentrating ongoing uses within one portion of the site and creating opportunities for future redevelopment, allowing for continued growth of the City’s tax base. 4. The uses being proposed are consistent with the current uses on the site and with the City’s Comprehensive Plan which calls for the preservation and expansion of facilities housing major employers; consistent with other redevelopment goals of the City such as the revitalization of the Douglas Drive Corridor; and would help bring order to an area that is currently a mix of uses and zoning designations and that lacks cohesion. 5. The PUD amendment would not impact the general health, safety, or welfare of the people of the City. 6. The proposed modification does not conflict with the standards applied to the existing PUD and does not invalidate the Intent and Purpose provision of the City Code. Conditions: 1. The recommendations and requirements outlined in the memo from the Engineering Division, dated April 5, 2018, shall become a part of this approval. 2. Easements identified within section one of the Engineering memo (Preliminary Plat) shall be vacated, rededicated, or created as described and included on the Final Plat. 3. The Development Agreement for PUD No. 114 shall be amended to address the timing of construction of the required stormwater treatment system for the existing Tennant campus and the new Lot 2. 4. A park dedication fee of $10,044 shall be required prior to the release of the Final Plat. 5. This approval is subject to all other state, federal, and local ordinances, regulations, or laws with authority over this development. 3. Informal Public Hearing – Conditional Use Permit – 730 Florida Avenue – CU-110 – Amendment #1 Applicant: Import Auto Sales, LLC Address: 730 Florida Avenue South Purpose: To allow used motor vehicle sales and automotive repair in the I-394 Mixed Use Zoning District Zimmerman noted that this property is a multi-tenant building at the corner of Laurel and Florida Avenues. He explained that the applicant is requesting to amend an existing Conditional Use Permit (CUP) to allow auto sales and repair in the I-394 Mixed Use zoning district. He stated that the existing CUP allows for limited auto repair and that the I-394 Mixed Use zoning district allows auto sales and repair with a CUP for uses occupying more than 10,000 square feet. Minutes of the Golden Valley Planning Commission April 9, 2018 Page 4 Zimmerman discussed the existing conditions and stated that this is the former site of PRISM, and is a 2.8 acre site with a building footprint of approximately 51,700 square feet total. 730 Florida Avenue occupies approximately 24,000 square feet and the parking lot is located on the south half of the lot. Zimmerman stated that the applicant is proposing to construct eight bays for auto repair, and indoor showroom for display, and an office space for customer service. He noted that prior to occupancy, the parking lot would be resurfaced and restriped and that there will be no changes to the exterior of the building except for new signage. He explained that the hours for sales would be Monday-Thursday 9 am to 8 pm, Saturday 9 am to 6 pm and Sunday 9 am to 5 pm. The hours for auto repair would be Monday-Friday 8 am to 6 pm and Saturday 8 am to 2 pm. He stated that the applicant anticipates 500 auto sales per year and at least two service customers per day. Zimmerman referred to the parking requirements and stated that the required number of vehicle parking spaces is 54, and the number of required bicycle spaces is four. He stated that the previous CUP suggests that there is room for approximately 84 parking spaces so there should be plenty of capacity to handle the required parking. He stated that staff is recommending approval of this CUP amendment as it meets the factors listed in Code used when evaluating Conditional Use Permits. Zimmerman stated that because this property is in the I-394 Mixed Use zoning district a site plan review is required. He referred to pedestrian circulation and noted that sidewalk along Florida Ave is already installed and that a defined, landscaped path to the principal entrance already exists. He referred to parking location and screening and stated that additional screening, either vegetative or fencing, of the parking lot/inventory storage is required. Segelbaum said he knows PRISM hasn’t serviced vehicles at this location for several years and asked if the existing CUP carries on with this new tenant. Zimmerman stated that the CUP is tied to the land and is still in force. Since the applicant is proposing to expand the use it is triggering the need for this CUP amendment. Segelbaum asked if the I-394 Mixed Use zoning district has any other additional requirements. Zimmerman said that if the applicant was tearing the building down there would be more requirements, but they aren’t. Segelbaum noted that Zimmerman said the screening could be vegetative or fencing, but he recalls that the City wants to enhance vegetative screening. Zimmerman stated that the Code isn’t specific about the type of screening used, but the Planning Commission could encourage the applicant to use natural screening. Waldhauser said she didn’t think the City wanted to encourage screening for auto dealerships because the cars need to be seen. She said she thought the screening requirements applied more for employee parking or other parking lots. Zimmerman said the City has been requiring screening for auto dealership inventory. Waldhauser said she thinks screening is more of a concern if a dealership faces a residential area and this does not. Minutes of the Golden Valley Planning Commission April 9, 2018 Page 5 Radu Krisshmaru, Applicant, said he has been in this business for a long time in several different cities. He stated that the property will be much better looking and that he will screen the parking lot if required. He questioned how far the screening would have to be from the parking lot because there isn’t much space for snow storage. Craig Gass, Counselor Realty, added that they could also do some natural landscaping. Segelbaum asked the applicant if he will be selling new or used cars. Krisshmaru said he sells newer, used vehicles and that they like to keep a nice, clean looking property. Segelbaum referred to the number of parking spaces available and asked the applicant if he intends to have 60 cars in inventory. Krisshmaru said there will be 60 cars outside and some in the indoor showroom too. Segelbaum asked the applicant if he intends to add signage. Krisshmaru said he will follow the City’s codes regarding signage. Waldhauser referred to the lighting in the parking lot and asked the applicant if he will need different lighting than what is there currently. Krisshmaru said he doesn’t think he’ll need to add more lighting except for maybe some in the back of the building. Zimmerman stated that the lighting can be kept as is, but if the applicant changes fixtures then the Code requirements would apply. Blum opened the public hearing. Seeing and hearing no one wishing to comment, Blum closed the public hearing. Blum referred to the screening of the parking lot and asked about the differences between other dealerships and what will be required with this applicant. Zimmerman discussed what was required with the last few auto dealerships and reiterated that the Code just states that parking lots shall be screened. Blum asked if the Planning Commission can recommend something specific regarding screening. Zimmerman said yes, the Code says the City may permit alternative approaches that meet the intent of the Code. Brookins asked if there are requirements or limitations regarding gates at the entrance. Zimmerman said no, and added that gates are used more for inventory areas, than sales areas. Blum asked how far the screening has to be from the parking lot. Zimmerman said the Code doesn’t give a distance, but the closer the screening is to the street, the better it would be for blocking the view of vehicles. Segelbaum asked about snow storage and removal requirements. Zimmerman said the Code doesn’t specify, but there should be enough room on this site for snow storage. Segelbaum asked if there are places snow can’t be stored. Zimmerman said typically the City doesn’t want to see snow stored on top of sensitive landscaping. Black noted that there are 54 required parking space and that they are expecting to have 84 parking spaces asked if the applicant would be allowed to have more than 30 cars in inventory at one time. Zimmerman said if there is sufficient space on site, it is left up to the business owner to make sure they have enough parking spaces on their site for their customers. Blum agreed that he wants to make sure there is enough parking for staff and customers. Segelbaum said he has concerns about snow storage as well. Zimmerman Minutes of the Golden Valley Planning Commission April 9, 2018 Page 6 clarified that the conditions the City can attach to a CUP are things that reasonably mitigate the concerns the City might have in regard to the use of the property. He stated that a condition of approval could state that snow shall be stored or removed in way that doesn’t jeopardize the minimum number of required parking spaces on the site. Brookins referred to the discussion regarding screening and said he is indifferent about what type of screening should be allowed and he is open to variations. Blum asked Brookins if he would distinguish between parking for storage and parking for customers or staff. Brookins said no, he wouldn’t distinguish between the two. Waldhauser said she would prefer green screening that includes some grasses and small shrubs. Segelbaum, Blum, and Brookins agreed. Zimmerman noted that the standards in the Code require four feet of screening and asked if the Planning Commission is comfortable with something less than that. Waldhauser recommended 2.5 to 3 feet in height. Segelbaum said it is hard to decide without seeing a specific plan. Blum said it seems reasonable to go with what the Code prescribes. Segelbaum suggested the applicant show a plan to Council if they’d like to do something less than what the Code requires. Brookins said he would be comfortable with staff reviewing the screening plans with the recommendation that the screening should exceed 2.5 feet in height. MOVED by Segelbaum, seconded by Waldhauser and motion carried unanimously to recommend approval of Conditional Use Permit #110, Amendment #1 subject to the following findings and conditions: Findings: 1. Relocation from the applicant’s current site, less than a mile away, indicates there is a local market for the goods and services being provided. 2. The automobile sales and repair uses are not inconsistent with the Mixed Use designation on the City’s General Land Use Plan Map. These commercial uses support the goal of locating redevelopment along major corridors and increasing the job and tax base within the community. 3. Staff anticipates the new uses would have no impact on the surrounding property values and are isolated from any residential neighborhoods. 4. The number of trips associated with the proposed uses would likely not exceed the number of trips generated by the use previously at this location. Trips generated from the proposed uses would not exceed the capacity of the roadways. All vehicle deliveries and storage of inventory would be required to take place on-site and not on the street. 5. The proposed uses may generate an increase in the number of employees and customers at the location compared to the past uses, but are consistent with the other properties surrounding the site and the Mixed Use district. 6. The proposed uses are not anticipated to cause a significant increase in noise levels. Automobile repair work would be conducted within an enclosed building and would take place during normal business hours. No outside music, loudspeakers, or public address system would be allowed. 7. The proposed uses are not anticipated to cause an increase in dust or odor. Minimal vibrations may be associated with the auto repair use but should not impact any adjacent uses. Minutes of the Golden Valley Planning Commission April 9, 2018 Page 7 8. The proposed uses are not anticipated to attract pests. 9. The visual impacts of dealership inventory stored in the parking lot will be mitigated through the addition of screening. An exterior dumpster would be screening with material compatible with the building. 10. Staff does not anticipate any other negative effects of the proposed uses. The location is surrounded by automobile, warehouse, and commercial properties and has adequate parking. Conditions: 1. All vehicle deliveries and storage of inventory shall take place on-site and shall not take place on the street. 2. No parking shall be allowed within any existing landscaped area. 3. The number of service bays on-site shall be limited to eight. 4. The exterior dumpster shall be screened from view and made of material compatible with the building. 5. No outside music, loudspeakers, or public address system will be allowed. 6. Additional screening shall be installed consistent with the Development Standards for parking screening listed in the Zoning Code for the I-394 Mixed Use District. If vegetative screening is used, the applicant must submit a landscaping plan (number of plantings, species of plantings, etc.) to be reviewed and approved by the City Forester. The applicant shall explore, with the City Council and staff, ways in which they can enhance the beauty of the site in exchange for a reduction in the required height of the parking lot screening. 7. Snow storage shall be such that it maintains the minimum number of required parking spaces. --Short Recess-- 4. Reports on Meetings of the Housing and Redevelopment Authority, City Council, Board of Zoning Appeals and other Meetings Zimmerman reminded the Commissioners that there is a Planning Workshop on April 16 regarding TOD Zoning. He stated that the Planning Commission annual report is scheduled to be on the April 10 Council/Manager agenda. Waldhauser reported on a Blue Line meeting recently held at Unity Church. Black suggested that the City’s parking requirements be reviewed. Zimmerman agreed. 5. Other Business • Council Liaison Report Schmidgall discussed the long term plans regarding Bus Rapid Transit (BRT) on Highway 169 and Highway 55. Waldhauser asked if there will be better pedestrian crossings. Schmidgall said he hopes so and added that BRT along Highway 55 will Minutes of the Golden Valley Planning Commission April 9, 2018 Page 8 create opportunities. Segelbaum asked if BRT means adding an additional dedicated lane. Schmidgall said on Highway 169 a lane would be added outside of the roadway, but they’ve been shown a variety of plans. Schmidgall stated that JFCS is having their ribbon cutting on May 8 and that there will be a Bike/Pedestrian Task Force meeting on April 18. 6. Adjournment The meeting was adjourned at 8:17 pm. ____________________________ __________________________ Ron Blum, Secretary Lisa Wittman, Administrative Assistant Welcome Statement The HRC reviewed and discussed the draft Welcome Statement, making amendments to said statement. Staff will review the draft statement with the Communications Department to get their feedback. Staff will forward to the HRC the final Welcome Statement. The Welcome Statement will be presented at the March 2018 Council/Manager Meeting. 2018 Work Plan Draft Review The HRC reviewed a draft 2018 Work Plan. After discussion the following were added to the work plan: addition of voting rights education in Q3, addition of communications check-in in Q2; addition of Native American education in Q3, and addition of partnering with Golden Valley Library in Q4. Staff was requested to research previous essay contest information and report back at a future HRC meeting. Motion by Commissioner Martin, seconded by Commissioner Harris to approve the 2018 Work Plan as amended. Motion carried 7-0. The 2018 Work Plan will be presented at the March 2018 Council/Manager Meeting. NEW BUSINESS February Meeting Change Santelices stated that a Joint City Council and Board/Commission meeting will be held on February 27, 2018 from 6-8 pm at Brookview. Due to scheduling of the Joint Meeting there will be no Human Rights Commission meeting in February. Staff was requested to order city name badges for Commissioners. Adjourn Motion by Commissioner Mintzer seconded by Commissioner Martin to adjourn the meeting at 8:02 pm. Motion carried 7-0. Respectfully submitted, Judy Nally, Administrative Assistant Human Rights Commission Meeting Minutes Approved by HRC: March 27, 2018 January 23, 2018 Page 2 of 2 GOLDEN VALLEY ENVIRONMENTAL COMMISSION Regular Meeting, Minutes March 26, 2018 Commissioners Present: Tracy Anderson, Tonia Galonska, Dawn Hill, Larry Johnson, Joseph Ramlet, Jim Stremel and Debra Yahle Staff Present: Eric Eckman, Development and Assets Coordinator; Claire Huisman, Administrative Assistant Absent: Commissioner Lynn Gitelis Call to Order Chair Hill called the meeting to order at 6:30 pm. Approval of Regular Meeting Minutes MOVED by Yahle, SECONDED by Galonska, and the motion carried unanimously to approve the minutes of the February 26, 2018 regular meeting. Solid Waste Discussion Marc Nevinski shared with the Commission the presentation he gave to the City Council regarding the process for the City to begin discussion on solid waste collection, including possibly some form of organized collection for Golden Valley residents. Council and staff are looking to the Commission to provide input and feedback during the community discussions. By fall 2018, after hearing from haulers and the public, the Council will make a decision on the best way to proceed to meet the City’s goals and objectives. 2018 Work Plan Priorities Eckman presented and discussed with the Commission the following draft work plan priorities: 1. Continue working on GreenStep Cities Step 4 2. Become involved in discussion on solid waste collection 3. Assist with the curbside recycling contract for 2019 4. Utilize its $3,500 budget to host educational workshops 5. Create pollinator policy for the City 6. Remove barriers for producing local food (Vertical Greenhouses/Urban Farming) 7. Assist in implementing the Natural Resources Management Plan 2040 Comprehensive Plan-Water Resources Chapter The Commission went through the Water Resources Chapter and provided feedback on the content and layout of the chapter. In addition to grammatical changes, the Commission pointed out ways to make the Chapter more reader friendly. Comments included: • On the “Outline” page, the bullet points listed under “existing conditions…..” doesn’t match its titles exactly within the following pages. • Page 2, under “Key Points”, change words in second bullet “including the addition of” to “adding” and in the 5th bullet, change the words “Protection of” to “Protecting”. • Change the words “Key Points” to something less confusing such as: key themes, key issues, etc. • Black bullets on page 5 don’t match up with their subcategories. • Need to reference the appendix somewhere in text Minutes of the Environmental Commission March 26, 2018 Page 2 of 2 • Pictures within the chapter should have more descriptive captions. • Figure 5.3 should have a better title such as “1% Floodplain”. • Third paragraph on page 11 of the chapter has confusing math regarding the number of elevated storage and underground reservoirs. Needs to be reworded. • Figure 5.4 should reference that the one dot represents two JWC reservoirs. • First paragraph on page 17 is confusing with references to residential and commercial peak water demands. • Last paragraph on page 19 needs rewording regarding the cities I/I program and recorded wastewater flow rates. • First paragraph titled “Future Demands” on page 22 should be moved to the end on page 23. • Page 31, Summary of Implementation Actions, last action under “sustain and improve water quality”, should include reducing chlorides as well as phosphorus. • The Water Resources Chapter should have a glossary of terms. Program/Project Updates The complete Program/Project Update is on file. Other Business Eckman reviewed the letter from BCWMC regarding their support of a proposed bill on chloride management which aims to reduce winter salt use by private applicators by establishing a salt applicator certification program. Adjourn MOVED by Stremel, SECONDED by Anderson, and the motion carried to adjourn the meeting at 8:40 pm. Claire Huisman Administrative Assistant Golden Valley Human Services Fund (GVHSF) Meeting Minutes March 19, 2018 Present: Denise La Mere-Anderson, Stephanie Devitt, Hilmer Erickson, Katie Hart, Elissa Heilicher, Sarah Meyerring, Sophia Vento and Toots Vodovoz. Also present: Brian Erickson, Staff Liaison. Absent: Aaron Black, Peder Hanson, and Alan Ingber. Call to Order: La Mere-Anderson called the meeting to order at 6:57 pm. Agenda Changes or Additions: Budget and Commissioner Reports, were added. February 12 Minutes: Vodovoz moved and Hilmer seconded the motion to approve the minutes from February 12. The motion passed unanimously. Budget Update: La Mere-Anderson reviewed the most recent budget information with the commission. Commissioner Report: La Mere-Anderson reported that Andrea Mac Arthur and Kathryn Frommer have resigned. Run the Valley: Solicitation for Sponsors-Erickson reviewed the list of possible sponsors and updates were made. Commissioners were instructed to reach out to those final donors for confinnation. Volunteers-Erickson explained the need for volunteers and options for finding volunteers where shared. More than 40 volunteers will be needed. Commission members were asked to find volunteers. Marketing and Publicity-Erickson shared where and how the event is being marketed on the internet, in city publications and to past participants, via email. Registration Numbers as of 3/19/18. l0K-68, SK-81, SK Walk-25, U12-12, Kids Run-10. Strategic Planning Session: La Mere-Anderson talked about the Strategic Planning Session that was held on February 12. She presented a review of the process and shared a summary of the information gathered. Adjournment: Erickson moved to adjourn the meeting, Heilicher seconded the motion. The meeting was adjourned at 8:00 pm. Respectfully submitted, · Denise La-Mere Anderson, GVHSF Chair Brian Erickson, Staff Liaison GOLDEN VALLEY OPEN SPACE & RECREATION COMMISSION Meeting Minutes November 27, 2017 1. Call to Order Cornelius called the meeting to order at 6:30 pm. 2. Roll Call Present Commissioners: Roger Bergman, Andy Bukowski, Cindy Carow-Schiebe, John Cornelius, Kelly Kuebelbeck, Bob Mattison, Gillian Rosenquist, Kimberly Sanberg, and Dawn Speltz. Staff: Rick Birno, Director of Parks and Recreation, Sheila Van Sloun, Parks and Recreation Administrative Assistant; Ben Disch, Golf Course Manager. 3. Agenda Changes or Additions None. 4. Approval of Minutes – October 23, 2017 MOTION: Moved by Mattison and seconded by Bukowski to approve the October 23, 2017 meeting minutes as amended. Motion carried unanimously. 5. Tour of New Brookview Commission and staff toured the new Brookview building. 6. 2017 Golf and Lawn Bowling Season Review with Ben Disch Disch gave highlights of the 2017 golf and lawn bowling season. They include: - The regulation 18-hole course is in the top 3-4 most heavily played public golf courses in Minnesota with over 40,000 rounds in 2017. - Winter disc golf is off to a great start. Leagues include 35 participants on Mondays and 50 participants on Wednesdays. - Fat bikes were delivered today. Trails will be groomed when weather permits. - Bunker renovations were completed in 2017 and are a huge improvement. - The 3rd green shelter and lesson tee buildings are being replaced. - Lawn bowling construction began last week with an anticipated opening in August 2018. Disch then discussed 2018: - The Three One Six Bar and Grill has hired a head cook who starts in two weeks. - Kim Straw is getting all the Three One Six staff trained this week. - Course rates increased $2 for 18-holes and $1 for 9-holes. - Electric carts have been purchased for the upcoming 2018 season. - The course is already maxed out for 2018 tournaments with a lot of repeat business. - Flooding on hole 14 is still an issue. - Asphalt cart paths will be removed and slowly be reconstructed with crushed granite. - Irrigation system is over 30 years old and will need replacement in the near future. Cornelius thanked Disch and the golf course staff for the shuttle service during construction. 7. Banquet and Three One Six Bar and Grill Presentation with Kim Straw Tabled for future meeting. 8. Commission and Staff Updates • Brookview Grand Opening – Friday, December 1 from 6-9 pm. • Brookview Phase II – Birno said phase III of the Brookview construction will begin in the spring of 2018 and include: completion of the lawn bowling green, plantings, parking lot asphalt, concrete around lawn bowling green, and finishing touches on the Brookview building. Open Space & Recreation Commission Minutes November 27, 2017 Page 2 • Wesley/Wildwood Tennis/Pickleball bids – Birno said five bids were received ranging from $417k to $548K. Tennis court and Pickleball court construction bids were higher than planned and therefore the replacement lights at Wesley Park tennis courts will not be completed in 2018. Commission members will need to discuss if tennis lights at Wesley Park are a priority for 2019. • 2017 Holiday Train – Birno said the Holiday Train is coming through Golden Valley again on December 10. More information is available on the city website. • No December Meeting – Due to the Holiday, there will not be a December meeting. • Gillian Rosenquist– This was the final meeting for Commissioner Gillian Rosenquist, who has been elected to the City Council. Commissioners and staff thanked Ms. Rosenquist for all of her service and wished her well on the City Council. 9. Adjournment MOTION: Moved by Speltz and seconded by Rosenquist to adjourn at 9 pm. Motion carried unanimously. ATTEST: John Cornelius, Chair Sheila Van Sloun, Administrative Assistant 1. CALL TO ORDER and ROLL CALL On Thursday, March 15, 2018 at 8:32 a.m. in the Council Conference Room at Golden Valley City Hall (7800 Golden Valley Rd.), Chair de Lambert called to order the meeting of the Bassett Creek Watershed Management Commission (BCWMC) and asked for roll call to be taken. Commissioners and city staff present: City Commissioner Alternate Commissioner Technical Advisory Committee Members (City Staff) Crystal Guy Mueller Absent Mark Ray Golden Valley Stacy Harwell Absent Eric Eckman Medicine Lake Clint Carlson Absent Absent Minneapolis Michael Welch Absent Liz Stout Minnetonka Absent Bill Monk Tom Dietrich New Hope John Elder Pat Crough (voting member) Megan Albert, Chris Long Plymouth Jim Prom John Byrnes Derek Asche Robbinsdale Michael Scanlan Absent Richard McCoy, Marta Roser St. Louis Park Jim de Lambert Absent Erick Francis Administrator Laura Jester, Keystone Waters Engineer Karen Chandler, Barr Engineering Recorder Legal Counsel Troy Gilchrist, Kennedy & Graven Presenters/ Guests/Public John Gulliver and Poornima Natarajan, University of Minnesota Dan Edgerton, Stantec Jere Gwin-Lenth and David Spicer, Friends of Northwood Lake Bassett Creek Watershed Management Commission Minutes of Regular Meeting Thursday, March 15, 2018 8:30 a.m. Golden Valley City Hall, Golden Valley MN BCWMC March 15, 2018 Meeting Minutes Page 2 of 7 2. CITIZEN FORUM ON NON-AGENDA ITEMS None 3. APPROVAL OF AGENDA Administer Jester requested adding 5H “Consider approval of agreement with Hennepin County for AIS Prevention Grant” to the agenda. MOTION: Alternate Commissioner Crough moved to approve the amended agenda. Commissioner Prom seconded the motion. Upon a vote, the motion carried 8-0. [City of Robbinsdale absent from the vote.] 4. CONSENT AGENDA The following items were approved as part of the consent agenda: February 15, 2018 commission meeting minutes, March 2018 financial report, payment of invoices, approval to set April 9, 2018 as the Technical Advisory Committee meeting, approval of the letter agreement with Freshwater Society for engaging lake groups, approval of Golden Valley’s 2018 Pavement Management Program, and the approval of a revised Aquatic Invasive Species Rapid Response Plan. The general and construction account balances reported in the March 2018 Financial Report are as follows: Checking Account Balance $ 848,625.30 TOTAL GENERAL FUND BALANCE $ 848,625.30 TOTAL CASH & INVESTMENTS ON-HAND (3/7/18) $3,731,081.72 CIP Projects Levied – Budget Remaining ($4,262,228.70) Closed Projects Remaining Balance ($531,146.98) 2012-2016 Anticipated Tax Levy Revenue $3,721.01 2017 Anticipated Tax Levy Revenue $1,771.12 Anticipated Closed Project Balance ($525,654.85) MOTION: Commissioner Mueller moved to approve the consent agenda. Commissioner Carlson seconded the motion. Upon a vote, the motion carried 8-0. [City of Robbinsdale absent from the vote.] 5. BUSINESS A. Receive Presentation on Technical Pre-Proposal for Assessment & Treatment of Phosphorus in Northwood Lake Chris Long with Stantec, consulting engineer for the City of New Hope, introduced Dr. John Gulliver, a researcher and professor at St. Anthony Falls Laboratory at the University of Minnesota (U of M). The City of New Hope and the U of M are proposing a study on Northwood Lake to investigate internal phosphorus release from sediment and implement a pilot study of the use of iron filings in the lake. Dr. Gulliver outlined the proposed study in a PowerPoint presentation and city staff requested funding assistance from the Commission for the study. [Commissioner Scanlan arrives.] BCWMC March 15, 2018 Meeting Minutes Page 3 of 7 In Dr. Gulliver’s summary, he described prior laboratory projects using sediment from Rush and Ann Lakes. He noted iron can control the release of phosphorus with and without the presence of oxygen. He reported iron pulls phosphorus out of pore water in the sediment and that different types of iron have been tested. Dr. Gulliver then reviewed the proposed study for Northwood Lake, which included estimated costs for pre- treatment analyses of water quality and sediment in year 1 ($16,409); applying the iron and performing post- treatment monitoring in year two ($26,876); and purchase of the iron itself ($15,000 - $30,000). There was discussion about the cost of iron filings vs. alum. Dr. Gulliver noted that an alum treatment is likely to be more expensive for a small lake like Northwood, but it’s about the same cost for large lakes. There was a question on whether continued external loading of phosphorus would degrade the iron and the answer was no, although it would impact water quality. As to impacts on aquatic life, Dr. Gulliver noted iron is ubiquitous and present in many northern Minnesota lakes. He noted alum does leave toxicity issues. Dr. Gulliver reported the life expectancy of the treatment is unknown since this study has not been done in the field before. Commissioner Harwell liked the idea of having the Commission involved with the project and a study like this. Commission Engineer Chandler commented that this is an interesting idea, but thought that Northwood Lake might not be the best place for this study because there are not indicators that internal loading is the issue with Northwood Lake, and the lake has a high volume of water flowing through it as it’s an impoundment of the North Branch of Bassett Creek. On the other hand, a lot would be learned with sediment coring in the first year. There was discussion about other lakes that may be better candidates for the study, including Lost Lake. Administrator Jester stated that New Hope is requesting funding partners including the Commission and recommended that the Budget Committee consider the funding request in their 2019 budget. [Commissioner Harwell departs.] Mr. Long indicated that Stantec would offer some free assistance toward the project and that Stantec grant dollars are also being sought. It was also noted that the Commission will monitor Northwood Lake as part of its routine monitoring program in 2019, so that may help bring down some of the monitoring costs. There was general support for the project from several commissioners. Alternate Commissioner Monk said the Budget Committee should have the question answered regarding whether or not this is the right lake for the study and that more information from U of M or Commission Engineer is needed to determine this. Dr. Gulliver said they would look at the complete water quality data for the lake as supplied by the Commission Engineer. B. Consider Approval of Resolution of Appreciation for Commissioner Mueller Chair de Lambert noted this is Commissioner Mueller’s last meeting with the Commission because he is moving to Wisconsin. Chair de Lambert read the resolution of appreciation, noting that Commissioner Mueller had served on the Commission since 2013, including serving as vice chair from 2014 – 2017 and working on several committees. Commissioner Mueller said he will miss everyone and that he learned a lot. He noted that good organizations are all about the people and good staff. Commissioner Welch added that Commissioner Mueller had been a fantastic commissioner and he will be missed. Commissioner Carlson noted that he has appreciated Commissioner Mueller’s input. Commissioner Scanlan commented that he appreciated Mueller’s easy-going approach. Chair de Lambert appreciated that Mr. Mueller was willing to stand in for him at meetings. MOTION: Commissioner Welch moved to approve the resolution of appreciation for Commissioner Mueller. Commissioner Scanlan seconded the motion. Upon a vote, the motion carried 8-0. [City of Golden Valley absent from the vote.] BCWMC March 15, 2018 Meeting Minutes Page 4 of 7 C. Consider Approval of Recommendations from Technical Advisory Committee (TAC) Erick Francis, Technical Advisory Committee chair reported that the TAC met on March 2nd to discuss various topics. He noted that the TAC needs another meeting to finalize recommendations on the 5-year CIP and other topics. He noted the board packet memo includes updates on the timing of local water management plan development in each city and recommendations regarding 1) BWSR’s Biennial Budget Request (BBR) and 2) a request from Plymouth for use of Channel Maintenance Funds. Mr. Francis reviewed the recommendations: The TAC recommends that the Commission submit its 2020 – 2021 capital projects to BWSR through the BBR and ask member cities for their 2020 and 2021 capital projects to be included with the Commission’s submittal. The TAC recommends that the Commission approve a reimbursement to the City of Plymouth from its accrued Channel Maintenance Funds in the amount of $73,461.65 for sediment removed from the Plymouth Creek Water Quality Ponds in February 2018. There was some discussion about the purpose and intended use of the channel maintenance funds. Administrator Jester noted that typically the funds are requested by cities for a future project but that there is precedence for providing funds after the fact and that sediment removal from a water quality pond on the trunk system is an accepted use of the funds. She recommended approval of the request. [Commissioner Elder departs.] MOTION: Commissioner Prom moved to approve the TAC recommendations as presented. Commissioner Welch seconded the motion. Upon a vote, the motion carried 8-0. [City of Golden Valley absent from the vote.] Commissioner Welch noted he attended the TAC meeting and reminded cities that the BCWMC Plan requires cities adopt ordinances within two years of the BCWMC Plan approval and the deadline has passed. He noted that the cities’’ lack of ordinance adoption could interfere with the BCWMC approval of local water management plans. Commissioner Scanlan wondered if commissioners or staff should get on city council agendas. TAC member, Derek Asche, noted that cities with multiple watersheds and schedules find it difficult to keep updating ordinances. There was some discussion about ordinance updates. Mr. Asche stated that it is not uncommon to change ordinances, but that it cannot be done constantly. D. Approval of Funding Request from Three Rivers Park District for Watercraft Inspectors Administrator Jester gave an overview of the $5,000 request from Three Rivers Park District (TRPD) to hire Level II inspectors to use the decontamination unit which was recently purchased by TRPD using a Hennepin County AIS Prevention grant awarded to the Commission. Administrator Jester noted the grant agreement is included in the added agenda item, 5H. She noted TRPD has agreed to own, operate, and maintain the decontamination unit but is in need of funding to hire Level II inspectors to operate the unit. Staff recommends approval of the funding request which would come from the APM/AIS budget. She reviewed the items expected to be charged to this budget line this year and noted this request still fits within the budget. Commissioner Carlson stated he felt strongly that the decontamination unit is important, but he has a different opinion than the TRPD about the hours of operation. He wants to see a provision to close the launch when inspectors are not present. MOTION: Commissioner Carlson moved to approve the funding request on the condition that TRPD close the launch when inspectors are not present. Commissioner Welch seconded the motion. Administrator Jester stated that her understanding was that TRPD is opposed to closing the launch but that they would be willing to train extra volunteer inspectors or hire additional inspectors if additional funding is provided. Commissioner Welch noted that more information is needed on reasons for keeping the launch open when inspectors are not there. Commissioner Mueller wondered if there should be a fee for use of the decon unit. BCWMC March 15, 2018 Meeting Minutes Page 5 of 7 There was discussion about other public launches on the lake including a City of Plymouth launch open a few weeks each year and monitored by the city and a private marina. It was noted that TRPD is a good partner on many issues, but there was sympathy for Commissioner Carlson’s concerns. Administrator Jester reminded the Commission that TRPD is a good partner on many issues including water quality monitoring and treating curly-leaf pondweed and she noted the approved APM/AIS Committee recommendations including one to consider starting a small grant program to help fund inspectors or AIS education materials, or signs, etc. After more thought, Commissioner Welch indicated he thought the funding should not be contingent on launch hours and rescinded his support on the motion. Commissioner Carlson restated how strongly he felt about this issue and proposed that the Commission approve the current motion to send a strong message to TRPD about the need to have a gate that closes when the launch is not staffed. Upon a VOTE, the motion failed with two ayes and six nos. (Cities of Medicine Lake and New Hope voting aye; cities of Plymouth, Crystal, St. Louis Park, Minneapolis, Robbinsdale, and Minnetonka voting no.) [City of Golden Valley absent from the vote.] MOTION: Commissioner Welch moved to approve the funding request of $5,000 to TRPD with direction to the Administrator to get information from TRPD on launch policies and express deep concerns with keeping launch open when inspectors are not present. Commissioner Scanlan seconded the motion. Upon a vote, the motion carried 8-0. [City of Golden Valley absent from the vote.] [Commissioner Prom departs. Commissioner Byrnes assumed voting role.] E. Discuss Status of Chloride Limited Liability Legislation Administrator Jester gave an update on the status of the chloride legislation in the Minnesota House and Senate. There was some discussion about different groups supporting and opposing the legislation. Commissioner Welch stated that the Commission should be actively involved. MOTION: Commissioner Welch moved to direct the Administrator to draft a letter for the Chair’s signature in support of the legislation and send to the bill’s authors and the Senate and House President. Commissioner Mueller seconded the motion. After the motion was made, Alternate Commissioner Byrnes stated he thought that was a good idea, but he wondered if it was effective. He thought individual commissioners should also contact their legislators. Commissioner Welch stated that the Commission should be on record supporting the legislation. Mr. Asche voiced concern saying he didn’t think it was appropriate for the Commission to comment on proposed legislation since the Commission doesn’t know the positions of all of its member cities. Commissioner Welch replied that the Commission is local unit of government and the letter would not state the cities’ positions, only the Commission’s position. VOTE: Upon a vote, the motion carried, 7 - 1. Dissenting vote by the City of Plymouth. [City of Golden Valley absent from the vote.] F. Receive Update on BWSR’s Watershed Based Funding Pilot Program Administrator Jester reported that a second meeting of the 11 Hennepin County watersheds was held on February 27th and that the group narrowed down their recommendations for use of the Clean Water funds which included an idea for all watersheds to work collectively on the issue of chloride pollution. The group agreed to meet in smaller groups based on basins. The Mississippi River Basin watersheds met on March 12th and BCWMC March 15, 2018 Meeting Minutes Page 6 of 7 developed general criteria that could be used to prioritize CIP projects among the Mississippi River Basin watersheds. She noted a meeting of all watersheds AND eligible cities would be convened in May. [Commissioner Welch departs.] G. Consider Approval of Recommendations from Education Committee Committee Chair Byrnes reported that the Education Committee met on March 9th. He walked through the Committee’s recommendations including: 1) To approve funding presented in the proposed education budget, much of which is the same as previous years and which includes $250 for packets of native seeds; $1,200 for commissioner training and registration; $4,000 to Metro Blooms as local match for Harrison Neighborhood Project; $310 for dog waste bag dispensers; and $1,000 for creek crossing signs; and 2) To not hold a watershed tour this year due to one or more watershed tours planned for next year; and 3) To approve entering into a contract with Dawn Pape with Lawn Chair Gardener Creative Services for up to $3,000 for education activities, the details of which will be worked out at the next Education Committee meeting. MOTION: Alternate Commissioner Byrnes moved to approve the Education Committee’s recommendations as presented. Commissioner Scanlan seconded the motion. Upon a vote, the motion carried 7-0. [Cities of Golden Valley and Minneapolis absent from the vote.] H. Consider Approval of Agreement with Hennepin County for AIS Prevention Grant Administrator Jester reported the grant agreement was reviewed by attorney Gilchrist and the County agreed to his recommended changes. MOTION: Commissioner Carlson moved to approve the execution of the AIS Grant Agreement with Hennepin County. Commissioner Scanlan seconded the motion. Upon a vote, the motion carried 7-0. [Cities of Golden Valley and Minneapolis absent from the vote.] 6. COMMUNICATIONS A. Administrator’s Report Administrator Jester reported that 50 people attended the open house hosted by the Minneapolis Park and Recreation Board that included the Bryn Mawr Meadows CIP Project, and that 50 – 60 people attended open houses hosted by the City of St. Louis Park on the Westwood Hills Nature Center Reconstruction Project that included the CIP project. Administrator Jester also reported that a resident had expressed concerns about PFC contaminants reaching the creek in Wirth Park due to its use in ski wax and that she is working with MPRB to possibly investigate this in 2019; that she will be on vacation March 30 – April 8; and that the Administrative Calendar in 7A will be updated each month. B. Chair Chair de Lambert attended one open house for the Westwood project and noted there were cost concerns from residents regarding the overall reconstruction project. He also noted that he is participating on a committee developing a white paper on chlorides. C. Commissioners Commissioner Scanlan thanked the Commission for support to attend various education programs and he reported on the recent AIS Summit. Commissioner Mueller thanked the Commission for the experience. D. TAC Members Mr. Asche asked that city clerks be copied on the letter to the legislators. E. Committees Budget Committee will meet on March 23, 11:30 a.m. F. Legal Counsel Nothing to report G. Engineer Nothing to report BCWMC March 15, 2018 Meeting Minutes Page 7 of 7 7. INFORMATION ONLY (Information online only) A. Administrative Calendar B. CIP Project Updates http://www.bassettcreekwmo.org/projects C. Grant Tracking Summary and Spreadsheet D. Results of Harrison Neighborhood Knowledge, Attitudes and Practices (KAP) Survey E. Minnesota Water Action Day at the Capitol F. Metro Blooms Upcoming Workshops: Turf Alternatives and Resilient Yards 8. ADJOURNMENT The meeting adjourned at 10:47 a.m. ________________________________________ Signature/Title Date ________________________________________ Signature/Title Date Executive Summary For Action Golden Valley City Council Meeting May 1, 2018 Agenda Item 3. E. 1. Award Contract for the 2018 Crack Sealing Project No. 18-13 Prepared By Jeff Oliver, PE, City Engineer R.J. Kakach, PE, Assistant City Engineer Summary The City’s Pavement Management Program (PMP) addresses the needs of the City’s streets. The program includes asphalt maintenance, rehabilitation, and reconstruction. Through this program, timely and cost-effective measures are taken to construct and extend pavement life. As asphalt pavement ages, it is subject to the weathering effects of water, air, cold winters, and hot summers. As pavement naturally expands and contracts through the seasons, it forms thermal cracks that extend from one edge of the street to the other. Crack sealing is a maintenance effort in which a hot asphaltic material is placed inside of the pavement cracks. This is done to prevent water seepage into the pavement and subgrade and in turn substantially extends the life of the pavement. Crack sealant lasts approximately 2-5 years. The City’s 2018 Crack Sealing Project will be located in Maintenance Zone 3, as shown on the attached map. Quotes for the 2018 Crack Sealing Project City Improvement Project 18-13 were opened on April 20, 2018, and are listed below: Seal Tech, Inc. $50,000 Allied Blacktop Company $73,400 Staff has reviewed the quotes and found them to be accurate and in order. Funding for this project is in the 2018 Street Maintenance Budget (1440.6440) with $50,000 available for crack sealing. Attachments • Crack Seal Location Map (1 page) Recommended Action Motion authorizing a contract with Seal Tech, Inc. in the amount of $50,000 for the 2018 Crack Sealing Project No. 18-13. O N any eMellO Nany g vo S any 0 ¢Mello Ottawa Pve eMe110 §LL P� 2a S S ^y u v m O`er ray � CD 401! V a� LL O L 1 � aull Py a£ _ °c O at O JQ i �aV e g M �D Z {{ U odp . Y V>?Q JEilU-1d N OrN tiJQDAU IkeRd , Ov' T •e Q �q N _ °•ec goo baa. o Otossroad N N C O peojssmo s p d (n L O N T U N 3 u c to be��ax H C N _ m C } Q ❑ c > Nand alwaso J. '. = fn 2 d PH Naa N Any aueZ Z'`oq D l u N 54 l >I N C, a e5 fA S any PooMa6P3o M p_.C ri0 N any POOMa6P3 N et\ t N a�Sa ep�Ij _ 1 �a°i Q U (n a _ N 9�N any ei6Joa0 /y's\ N N N n' G N U) - 0 anysdweH I an .p� N a^y°yep! M-0o uMepio0 2111 N any°yep!I n N U U U C'n 0 e ny o n m J ar o r v M ti'aule� cl N U a uI^V Al'� "MMyy,r ny eue!slnol e S any eur��einol any el.Uepy o p6 y v-1 S!113 m AGN Y tQ IIaH d a AveN ` v OOINP 'mU OA eluenRSuu L N > MM w N r 0 N an_,"Hlauu!M an •ek g\v 'Q suo op na!sey Mar Sam Pa alueH of a ,I... � o ti al f \� t7 s,w\sJes P N any au008 z �IA 5111W le�au�`""""`" ,• � rn > N anyjnlenC] D. Ri O O N any uyoss�apuayy 'u. '.'.%' `'1 _._. 69L AEMy&H t i Executive Summary For Action Golden Valley City Council Meeting May 1, 2018 Agenda Item 3. F. Acceptance of Donation for Memorial Bench Plaque and a Bench for Brookview Golf Course Prepared By Rick Birno, Director of Parks & Recreation Ben Disch, Brookview Golf Operations Manager Summary As adopted in the Donation/Gift Policy, a gift of real or personal property must be accepted by the City Council by resolution and be approved by a two-thirds majority of the Council. A cash donation must be acknowledged and accepted by motion with a simple majority. We have prepared the following resolution detailing the specific donor and their fiscal gift for your consideration. Attachments • Resolution accepting the Donation of a Memorial Bench Plaque from Diane Path for Rick and Connie MacKrell and a bench for Brookview Golf Course from his friends for Steve Feldman (1 page) Recommended Action Motion to adopt Resolution accepting a Donation for a Memorial Bench Plaque for Rick and Connie MacKrell and a bench for Brookview Golf Course from friends for Steve Feldman. Resolution 18-30 May 1 2018 Member introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING THE DONATION OF A MEMORIAL BENCH PLAQUE FROM DIANE PATH FOR RICK AND CONNIE MACKRELL AND A BENCH FOR BROOKVIEW GOLF COURSE FROM FRIENDS FOR STEVE FELDMAN WHEREAS, the City Council adopted Resolution 04-20 on March 16, 2004 which established a policy for the receipt of gifts; and WHEREAS, the Resolution states that a gift of real or personal property must be accepted by the City Council by resolution and be approved by a two-thirds majority of the Council. A cash donation must be acknowledged and accepted by motion with a simple majority. NOW, THEREFORE, BE IT RESOLVED that the City Council accepts the following grants and donations on behalf of its citizens: Donation for a memorial bench plaque in honor of Rick and Connie MacKrell from Diane Path in the amount of $170. Donation for a bench to be located on the 13th tee box at Brookview Golf Course in memory of Steve Feldman from his friends in the amount of $750. _____________________________ 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 May 1, 2018 Agenda Item 3. G. Accept Report of Inspection Procedure and Results for Determining Qualification of a Tax Increment Financing District as a Redevelopment District Prepared By Marc Nevinski, Physical Development Director Summary In 2017, Tennant Company made an application to the HRA and City to establish a redevelopment tax increment financing district to assist in the development of its World Headquarters project. A “blight study”, dated September 27, 2017, was completed on the parcels and structures proposed for inclusion in the TIF district to document conformance with the statutory requirements for the creation of a redevelopment TIF district. Although the World Headquarters project is currently on hold, modifications to the existing PUD are proposed to facilitate parcel modifications and more efficiently arrange land uses and ownership in the area. Specifically, Tennant Company will essentially swap land with Damascus Way to facilitate construction of its new residential facility. This arrangement will require the demolition of one or more buildings in the area proposed for inclusion in a redevelopment TIF district, even though such a district has not been established. State statute allows for demolition of blighted buildings in advance of a district establishment if a resolution is adopted by the authority prior to demolition finding the conditions existed to qualify the area as a redevelopment TIF district. The resolution will preserve the blight study findings for a period of three years from the date of the first demolition. The resolution does not establish a TIF district. Attachments • Resolution Accepting the Report of Inspection Procedure and Results for Determining Qualification of a Tax Increment Financing District as a Redevelopment District (2 pages) • Executive Summary of Inspection Report (“Blight Study”) (4 pages) Recommended Action Motion to adopt Resolution accepting the Report of Inspection Procedure and Results for determining Qualification of a Tax Increment Financing District as a Redevelopment District. Resolution No. 18-31 May 1, 2018 Member introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING THE REPORT OF INSPECTION PROCEDURE AND RESULTS FOR DETERMINING QUALIFICATION OF A TAX INCREMENT FINANCING DISTRICT AS A REDEVELOPMENT DISTRICT BE IT RESOLVED by the City Council of the City of Golden Valley, Minnesota (the “City”), as follows: 1. Review of TIF / Redevelopment District Qualification Report. The City has reviewed the Report of Inspection Procedures and Results for Determining Qualifications of a Tax Increment Financing District (TIF) District as a Redevelopment District dated September 27, 2017, and identified as Stantec Project No. 193804541 (the “TIF/ Redevelopment Qualification Report”) for a Tax Increment Financing Redevelopment District proposed to be established (the “Tennant Redevelopment District”), which report is attached as Exhibit A. The properties to be included in the Tennant Redevelopment District are either owned or to-be-owned by Tennant Company. 2. Findings for Approval of Tennant Redevelopment District. The City hereby makes the following findings: 2.01. Based on the results of the TIF/Redevelopment Qualification Report, the City finds that the properties proposed to be included in the Tennant Redevelopment District meet the qualifications under Minnesota Statutes, Section 469,174, Subdivision 10(a). 2.02 The proposed Tennant Redevelopment District meets the “coverage test” under Minnesota Statutes, Section 469.175, Subdivision 10(e), as the parcels comprising the proposed Tennant Redevelopment District are 100% occupied by buildings, streets, utilities, paved drives or parking lots. 2.03 The buildings located on the parcels included in the proposed Tennant Redevelopment District can be considered structurally substandard. 100% of the buildings/structures located in the proposed Tennant Redevelopment District contain code deficiencies exceeding the 15% threshold required under Minnesota Statues, Section 469.174, Subdivision 10(c). 2.04 100% of the buildings/structures located in the Tennant Redevelopment District are structurally substandard and would require substantial renovation due to significant structural defects or deficiencies in essential utilities, light, ventilation, fire protection, egress and other factors. 2.05 The conditions described above are reasonably distributed throughout the proposed Tennant Redevelopment District. 2.06 The proposed Tennant Redevelopment District qualifies for establishment as a Redevelopment District pursuant to Minnesota Statutes, Section 469.174, Subdivision 10. Resolution No. 18-31 -2- May 1, 2018 3. Development Agreement Required for Demolition. In the event Tennant Company proposes to demolish or remove any of the buildings/structures located in the proposed Tennant Redevelopment District, Tennant shall first enter into a development agreement with the City and the City’s Housing and Redevelopment Authority (the “Authority”) pursuant to Minnesota Statutes, Section 469.174, Subdivision 10. 4. Expiration of Findings. The findings set forth in Section 2 above shall expire on the date that is three (3) years from the date on which the Authority confirms that any substandard building or improvements located within the Tennant Redevelopment District and requiring demolition have been adequately demolished or removed by Tennant Company or the owner of such substandard building or improvements. _____________________________ 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. Report of Inspection Procedures and Results For Determining Qualifications of a Tax Increment Financing (TIF) District as a Redevelopment District city of � goldenlley City of Golden Valley Proposed TIF District Golden Valley, Minnesota 5 Stantec Stantec Project No. 193804541 September 27, 2017 Table of Contents PART1 Executive Summary --------------------------------------------------------------------------------------------------- 3 Purposeof Evaluation ----------------------------------------------------------------------------------------- 3 Scopeof Work----------------------------------------------------------------------------------------------------- 3 Conclusion ------------------------------------------------------------------------------------------------------------ 4 PART 2 Minnesota Statute 469.174, Subdivision 10 Requirements ------------------------------- 4 PART 3 Procedures Followed 6 PART4 Findings----------------------------------------------------------------------------------------------------------------------- 7 A. Coverage Test---------------------------------------------------------------------------------------------- 7 B. Condition of Building Test--------------------------------------------------------------------------- 8 1. Replacement Cost-------------------------------------------------------------------------------- 8 2. Code Deficiencies 8 3. System Condition Deficiencies----------------------------------------------------------- 9 C. Distribution of Substandard Structures --------------------------------------------------- 10 D. Conclusion 11 PART 5 Team Credentials 12 APPENDIX A Map of Proposed TIF District Hennepin County Property Maps APPENDIX B Building Code and Condition Deficiencies Reports APPENDIX C Code Deficiency Estimated Replacement Costs APPENDIX D Photographs Page 2 PART 1 - EXECUTIVE SUMMARY 21 i 1*14 a601 Stantec, BWBR code analysis group, and NOVA Consulting were retained by Oppidan Investment Company, the development consultant for Tennant Companies, Inc., to evaluate the properties within a Tax Increment Financing Redevelopment District ("TIF District") proposed to be established by the City of Golden Valley. BWBR code analysis group performed the onsite interior and exterior inspections to verify existing conditions and determine code deficiencies. NOVA Consulting performed the replacement cost estimating based on correcting the code deficiencies found by the BWBR code analysis group. The proposed TIF District is located in the City of Golden Valley and includes two non- contiguous parcels. The first area includes parcels within the general area bounded by Zane Avenue North on the west, Highway 100 on the east, Luce Line Trail on the north and Olson Memorial Service Road on the south minus the area covered by the existing Tennant Building on the north portion of the parcel. The second area includes the parcel bounded by Golden Valley Road on the north, Douglas Drive North on the east, Luce Line Trail on the south, and an adjacent parcel on the west (see Figure 1). The purpose of Stantec's work was to review the information gathered by BWBR to determine whether the proposed district meets the statutory requirements for coverage, and whether buildings on six different parcels, located within the two proposed non-contiguous TIF District Areas, meet the qualifications required for a Redevelopment District. Figure 1 - Proposed TIF District Page 3 SCOPE OF WORK The proposed TIF District Area 1 is comprised of five (5) parcels and containing five (5) commercial buildings and three residential buildings and two easements currently owned by the City of Golden Valley. The proposed TIF District Area 2 is comprised of one (1) parcel containing one (1) commercial building. All the commercial buildings in the proposed district received an onsite interior and exterior inspection by staff from BWBR. Two of the three residential property owners would not allow an onsite interior and exterior inspection. These buildings were only observed from the adjacent street. The third residential building is currently part of the larger Tennant parcel and is unoccupied. It has been deemed unsafe for habitation. Building Code and Condition Deficiency Reports for each building are in Appendix B. CONCLUSION After evaluating the inspection reports prepared by BWBR and the estimated replacement costs prepared by NOVA Consulting for the properties within the two proposed non-contiguous TIF District Areas and applying current statutory criteria for a Redevelopment District under Minnesota Statutes, Section 469.174, Subdivision 10, it is our professional opinion that the two proposed non-contiguous TIF District Areas do qualify as a Redevelopment District. The remainder of this report describes the process and findings in detail. PART 2 - MINNESOTA STATUTE 469.174, SUBDIVISION 10 REQUIREMENTS The properties were inspected in accordance with the following requirements under Minnesota Statutes, Section 469.174, Subdivision 10, which states: Interior Inspection "The municipality may not make such determination [that the building is structurally substandard] without an interior inspection of the property..." Exterior Inspection and Other Means "An interior inspection of the property is not required, if the municipality finds that (1) the municipality or authority is unable to gain access to the property after using its best efforts to obtain permission from the party that owns or controls the property; and (2) the evidence otherwise supports a reasonable conclusion that the building is structurally substandard." Documentation "Written documentation of the findings and reasons why an interior inspection was not conducted must be made and retained under section 469.175, subdivision 3(1)." Page 4 city of go ldenll� Y MEMORANDUM Physical Development Department 763-593-8095 / 763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting May 1, 2018 Agenda Item 4. A. Public Hearing - Xenia Avenue South and Golden Hills Drive Improvement Project No. 16-09 Prepared By Jeff Oliver, PE, City Engineer R.J. Kakach, Assistant City, Engineer Summary At the March 2, 2016, Council meeting, staff was directed to prepare a feasibility report for the Xenia Avenue South and Golden Hills Drive Improvement Project. The feasibility report for this project has been prepared by the consulting engineering firm of WSB and Associates, Inc. and will be presented at the public hearing. The feasibility report outlines a project that includes construction of turn lanes and medians, sidewalks, an improved rail crossing at Golden Hills Drive, traffic signal upgrades, and accessibility improvements. Streets within the proposed project area are listed below: • Xenia Avenue South from 1-394 north ramps to Laurel Avenue • Golden Hills Drive from Colorado Avenue South to Turners Crossroad South • Laurel Avenue from Colorado Avenue South to Turners Crossroad South These streets will be overlaid with new pavement at the completion of the project. The estimated total project costs are as follows: Estimated Construction Costs = $1,025,000 Estimated 25% Indirect Costs = 320,000 Total = $1,345,000 The special assessments for the proposed project are based off of the total daily trip generation and front footage of each adjacent property. Financing for the project was included in the Street Capital Improvement Program (S-037) for $1.5 million. Total Assessments on the project are $700,911.32. Staff has held meetings with affected property owners providing information regarding the project scope and schedule, including proposed special assessment information. However since those meetings, the proposed special assessment amounts have been reduced by approximately half of the original amount. This project will also utilize Municipal State Aid funding in addition to special assessments. Additional discussion regarding project details and financing is included in the feasibility report. Following Council authorization, the anticipated project schedule is as follows: Open Bids July 2018 Award Contract August 2018 Begin Construction September 2018 Project Completion November 2018 Attachments • Project Location Map (1 page) • Feasibility Report, Xenia Avenue/Golden Hills Drive Improvement Project, dated April 18, 2018 (11 pages) • Resolution Ordering Construction of Certain Proposed Public Improvements and Authorizing Advertisement for Bids for the Xenia Avenue South and Golden Hills Drive Improvement Project #16-09 (1 page) Recommended Action Motion to adopt Resolution ordering Construction of Certain Proposed Public Improvements and authorizing Advertisement for Bids for the Xenia Avenue South and Golden Hills Drive Improvement Project #16-09. ems•-� � i �y49 S peons Saauml i IL CL E MINOR � V i 3 IL ,- 0 i H Ma i as \ i � , i S any opeaoloo �Ti i i Feasibility Report XENIA AVENUE/GOLDEN HILLS DRIVE IMPROVEMENT PROJECT City of Golden Valley, Minnesota City Project No. 16-09 April 18, 2018 Feasibility Report Xenia Avenue/Golden Hills Drive Improvement Project Page 1 of 7 CERTIFICATION I hereby certify that these specifications were 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. Andrew Plowman, PE Date: April 18, 2018 Reg. No. 44200 Feasibility Report Xenia Avenue/Golden Hills Drive Improvement Project Page 2 of 7 Introduction: At its March 2, 2016 meeting, the Golden Valley City Council authorized preparation of a feasibility report for the Xenia Avenue and Golden Hills Drive Improvement Project. The proposed project includes street, sidewalk, and signal improvements within the Xenia Avenue and Golden Hills Drive area. The project involves improvements to the following streets within the project area;  Xenia Avenue South (I-394 north ramps to Laurel Avenue)  Golden Hills Drive (Colorado Avenue South to Xenia Avenue South)  Laurel Avenue (Colorado Avenue South to Turners Crossroad) The project will involve the following components:  Construction of Turn Lanes and Medians  Addition of Sidewalks, including ADA improvements of existing facilities  Storm Sewer Modifications  Traffic Signal Modifications and Upgrades  Mill and overlay of bituminous pavement  Restriping  Railroad Crossing Improvements at Golden Hills Drive There has been redevelopment in the project area with the construction of the Arcata (located at the southeast Quadrant of Xenia and Golden Hills Drive), The Talo Apartments (located south of Circle Down and east of Turners Crossroad) and the Xenia (located at the northwest Quadrant of Xenia and Golden Hills Drive). In addition, a senior housing building, Global Point Senior Housing, located adjacent to the Talo Apartments, is set to begin construction in the spring of 2018. These additions have necessitated revisions to the existing infrastructure with lane and signal modifications. The City of Golden Valley has investigated the impact from the redevelopment on the existing system. The Xenia – Traffic Impact Study (dated September 4, 2013), can be used to supplement this feasibility report. This feasibility report will discuss the existing conditions and the proposed project design. It will also include the estimated project costs, and the proposed financing, including a special assessment roll. LOCATION: The project is located in the Xenia Avenue/Golden Hills Drive area as shown in Appendix A. Feasibility Report Xenia Avenue/Golden Hills Drive Improvement Project Page 3 of 7 EXISTING CONDITIONS: Roadway The project area is located just north of Interstate 394, at the southern limits of the City of Golden Valley. The streets were originally built as part of the construction of I-394 in the late 1980’s and modified as redevelopment occurred in the area. The redevelopment driven modifications include some median work in recent years, including a realignment and restriping on northbound Xenia Avenue, leading to the intersection at Golden Hills Drive. Below is a summary of the existing conditions of the streets located within the project area: Street Configurations  Xenia Avenue South (I-394 N. Ramps to Laurel Avenue): o Xenia Avenue Southbound (Golden Hills Drive to I-394 north ramp) includes two southbound lanes that expand to four southbound lanes at I-394. The inner-two lanes become dual left turn lanes at the I-394 south ramps for traffic entering 394 eastbound towards Minneapolis. There is also a right turn lane at the 394 north ramp for traffic continuing to 394 westbound. o Xenia Avenue Northbound (I-394 north ramp to Golden Hills Drive) was recently modified. Initially, this section included two through lanes from the 394 bridge with the inner through lane proceeding into the left turn lane at Golden Hills Drive. Recently, the inner lane was striped to align with the through lane and the outer through lane was striped to align with the right turn lane at Golden Hills Drive. There are dual left turn lanes at Golden Hills Drive. o Xenia Avenue (Golden Hills Drive to Laurel Avenue) includes one through lane in each direction, with concrete medians and turn lanes. The southbound configuration at Golden Hills Drive is a left, through, through-right.  Golden Hills Drive (Colorado Avenue to Turners Crossroad): Golden Hills Drive is primarily a 2-lane section with the inclusion of numerous turn lanes and medians. o At the intersection of Xenia Avenue, Golden Hills Drive includes a left, through and right in each direction.  Laurel Avenue (Colorado Avenue to Turners Crossroad): Laurel Avenue is a two-lane roadway with wide shoulders. Pedestrian Facilities The corridor includes concrete walk along a majority of the streets, however there are areas that do not meet ADA requirements, including the crossing areas. It is believed that the north boulevard area of Golden Hills Drive west of the railroad tracks may contain PAH’s. Feasibility Report Xenia Avenue/Golden Hills Drive Improvement Project Page 4 of 7 Railroad Crossings The Canadian Pacific Railway traverses through the west side of the project area, crossing Golden Hills Drive and Laurel Avenue. Both crossings are located approximately 700 feet west of Xenia Avenue. Signalized Intersections: The project area includes three signalized intersections. Xenia Avenue and;  I-394 North Ramp  Golden Hills Drive  Laurel Avenue Public Utilities There is existing water main, sanitary sewer and storm sewer located within the project area. The water main along Xenia Avenue was replaced in 1999. Based upon the age and condition of the existing sanitary sewer and water systems and the nature of this improvement project, there are no anticipated impacts to the existing City utilities. The Metropolitan Council Environmental Services (MCES) owns an existing forcemain sewer pipe that runs along Golden Hills Drive and Xenia Avenue through the project corridor. The pipe was installed new in 2013 and is outside of the City’s project construction limits. Private Utilities The following private utilities are located within the project area:  Windstream Communications  Xcel Energy  Level 3 Communications  CenterPoint Energy  CenturyLink  Consolidated Communications  Rogers Communications  AT&T Given the project is restricted to primarily surface work, it is not anticipated to significantly impact the private utilities. PROPOSED Roadway IMPROVEMENTS: The roadway is not intended to be completely reconstructed to the subgrade, as part of this project, but does include modification of medians and reconfiguring lanes. The proposed improvements will accommodate existing traffic and all new traffic from approved developments at acceptable levels of service. The streets within the project area will receive a mill and overlay, as Feasibility Report Xenia Avenue/Golden Hills Drive Improvement Project Page 5 of 7 much of the existing pavement has been impacted by redevelopment and public improvements in the area. In addition, concrete sidewalks will be added to the project area. Below is a description of the proposed project components and attached is the project layout Appendix A: 1. Xenia Avenue (I-394 to Golden Hills Drive):  Xenia Avenue will continue with the same configuration south of Golden Hills Drive. However, to aid in the through alignment configuration, the northbound median curb will be reconstructed near the taper point of the dual left turn lanes. 2. Xenia Avenue (Golden Hills Drive to Laurel Avenue):  Xenia Avenue will continue with the same configuration north of Golden Hills Drive, with the exception of closing the center median. The southbound left turn lane into 701 Xenia Avenue is proposed to be closed. Sidewalk will be installed along the west side as part of the adjacent redevelopment project. 3. Golden Hills Drive (Xenia Avenue to Turners Crossroad):  Golden Hills Drive will be constructed with a median dividing the eastbound and westbound traffic, up to the entrance of the Arcata. 4. Golden Hills Drive (Colorado Avenue to Railroad Tracks):  A 6-foot concrete sidewalk will be added along the north side of Golden Hills Drive.  Missing segments of concrete sidewalk will be constructed along the south side of Golden Hills Drive. 5. Golden Hills Drive (at Railroad Tracks):  Short center medians will be placed east and west of the railroad crossing and the railroad crossing will be reconstructed by Canadian Pacific Railroad. 6. Golden Hills Drive (Railroad Tracks to Xenia Avenue):  A concrete median and turn lanes will be constructed along Golden Hills Drive to separate turn lanes along the west leg of the intersection. Sidewalk will be installed on the north side as part of the adjacent redevelopment project. 7. Laurel Avenue (Colorado Avenue to Turners Crossroad):  No significant reconfigurations are proposed on Laurel Avenue. It is proposed to convert the eastbound shoulder into a dedicated bicycle and pedestrian lane. Concrete sidewalk will be installed on the south side of the road from Xenia Avenue to the railroad tracks as part of the adjacent redevelopment project 8. Entire Project:  The entire project will include pedestrian facility upgrades, including ADA compliant pedestrian ramps and walks, and installation of push buttons and countdown timers at the signalized intersections. Feasibility Report Xenia Avenue/Golden Hills Drive Improvement Project Page 6 of 7 Public Utilities Because the project is a street improvement project with no significant subgrade excavation and due to the condition of the existing utilities, no improvements to the City utilities are included with this project. The sanitary sewer will be evaluated as part of the City’s ongoing I-394 Inflow & Infiltration Lining Project. ESTIMATED COSTS AND PROJECT FINANCING: ESTIMATED PROJECT COST The estimated costs for the improvements include construction costs and an estimated 25 percent of the construction costs as indirect costs. The costs have been summarized by the street improvements and the improvements attributable to the developments. Estimated Construction Costs = $ 1,025,000 Estimated 25% Indirect Costs = $ 320,000 Estimated Project Total = $ 1,345,000 PROJECT FINANCING The proposed financing of this project is a combination of special assessments to properties abutting the streets being improved and Municipal State Aid Street (MSAS) Construction funds. Approximately 50 percent of the estimated total project cost will be funded using special assessments and the other 50 percent will utilize MSAS funds. Meetings were conducted with the benefitting properties as shown in Appendix C. The proposed special assessments for the Xenia Avenue/Golden Hills Drive Improvement Project are consistent with the City of Golden Valley Special Assessment Policy and Minnesota Statutes, Chapter 429. The assessments are based 65% on trip generation and 35% on roadway frontage. The Preliminary Assessment Roll is shown in Appendix B. The following is a summary of the amounts to be funded from each of the sources discussed above: Special Assessments = $ 702,000 MSAS Funds = $ 643,000 Estimated Total Project Cost = $ 1,345,000 SUMMARY Feasibility Report Xenia Avenue/Golden Hills Drive Improvement Project Page 7 of 7 The feasibility report for the proposed Xenia Avenue/Golden Hills Drive Improvement Project has been prepared in accordance with the Golden Valley City Council’s authorization on March 2, 2016. The proposed improvements are necessary to accommodate the increased vehicle and pedestrian traffic within the project area that has resulted from recent redevelopment in the area. The report discusses the proposed improvements to the streets as illustrated in Appendix A. The improvements as outlined in this report are to be constructed in late summer of 2018. RECOMMENDATION City Staff has determined that the improvements outlined in this report are feasible from an engineering perspective. These improvements will benefit the community and the properties adjacent to the proposed improvements. The cost-effectiveness of the proposed improvements should be determined by the City Council. Staff recommends approval of City Improvement Project No. 16-09, Xenia Avenue/Golden Hills Drive Improvement Project as discussed in this report. Staff further recommends that the City Council authorize advertising for bids to construct the projects. BENCH Golden Hills Dr Xeni a AveLaurel Ave Colorado AveProposed Geometry 0'50' City of Golden Valley, Minnesota Xenia Ave/Golden Hills Dr/Laurel Ave Improvements April 18, 2018 APPENDIX B - ASSESSMENT BREAKDOWN - % $ % $ % $04-117-21-23-0053 6100 Golden Hills Dr. Escelon, Textron, HDR, etal Golden Hills Park II Prop c/o Greenfield Partners LLC 2 Post Road West, Westport, CT 06880 Office 4.5% 28,818.67$ 7.62% 48,930.57$ 5.58%35,857.83$ 04-117-21-23-0054 5900 Golden Hills Dr. Cyber Optices, Strategic, etal Golden Hills Park II Prop c/o Greenfield Partners LLC 2 Post Road West, Westport, CT 06880 Office 4.9% 31,302.41$ 7.10% 45,620.26$ 5.65%36,313.66$ 04-117-21-23-0052 6105 Golden Hills Dr. Preferred One Financial Golden Hills Park II Prop c/o Greenfield Partners LLC 2 Post Road West, Westport, CT 06880 Office 4.6% 29,256.98$ 8.39% 53,888.88$ 5.90%37,878.14$ 04-117-21-23-0055 6051 Golden Hills Dr. Holiday Inn Express Christenson and Torgerson LLP PO Box 1020, Wilmar, MN 56201 Hotel (109 Rooms) 2.7% 17,641.85$ 0.96% 6,180.50$ 2.12%13,630.38$ 04-117-21-24-0039770 Xenia Ave S The XeniaSFI LTD Partnership 20 c/o Slosburg Acq Group Inc10040 Regency Cir, #200, Omaha, NE 68114Apartment8.8% 56,651.15$ 22.05% 141,614.29$ 13.45%86,388.25$ 04-117-21-24-0038 5701 & 5901 Golden Hills Dr. Allianz Allianz Life Ins Co No AmericaOffice 21.0% 134,815.86$ 18.59% 119,363.34$ 20.15%129,407.48$ 04-117-21-24-0027 5500 Wayzata Blvd. Colonnade Phase I Sof-Xi Colonnade Owner LLC c/o Starwood Cap Grp Global 591 W Putnam Ave, Greenwich CT 06830 Office-$ 3.80% 24,397.17$ 1.33%8,539.01$ 04-117-21-24-0028 5500 Wayzata Blvd. Colonnade Phase I Sof-Xi Colonnade Owner LLC c/o Starwood Cap Grp Global 591 W Putnam Ave, Greenwich CT 06830 Office 13.2%84,556.68$ 2.77% 17,799.43$ 9.53%61,191.64$ 04-117-21-24-0029 28 Address Unassigned Colonnade Phase I Sof-Xi Colonnade Owner LLC c/o Starwood Cap Grp Global 591 W Putnam Ave, Greenwich CT 06830 Office-$ 2.55% 16,383.86$ 0.89%5,734.35$ 04-117-21-24-0032 701 Xenia Ave S. Xenia Ridge Lsref4 Bison Golden Valley LLC c/o Hudson Americas LLC 2711 N Haskell Ave, # 1800, Dallas, TX Office 11.2% 72,064.94$ 16.89% 108,453.15$ 13.21%84,800.81$ 30-029-24-23-0047 5411 Circle Downs Brown & Carlson PA (formerly) Webb Golden Valley, LLCOffice 1.8% 11,688.18$ 0.00% -$ 1.18%7,597.32$ 30-029-24-23-0063 5418_5410 Wayzata Blvd. Metropolitan_Good Day Café GV HRA, Webb GV LLC, Workabilities IncBallroom_Restaurant 9.2% 59,134.89$ 0.00% -$ 5.99%38,437.68$ 04-117-21-24-0030901 Xenia Ave S.The Arcata ApartmentsIret Properties LP, Attn R.E. Tax DeptPO Box 1988, Minot, ND, 58702Apartment4.1% 26,407.98$ 9.27% 59,524.49$ 5.92%37,998.76$ 30-029-24-23-00665200 Wayzata BlvdGlobal PointGlobal One Golden Valley, LLC80 8th St S, Suite 900, Minneapolis, MN 55402Senior Housing2.1% 13,472.45$ 0.00% -$ 1.36%8,757.10$ 30-029-24-23-00645100 Wayzata BlvdThe 3.9.4. (Talo)394 Associates LLP4500 Cherry Creek S, Suite 550, Glendale, CO 80246 Apartment11.9% 76,343.91$ 0.00% -$ 7.73%49,623.54$ 30-029-24-23-00655150 Wayzata BlvdThe 3.9.4. (Talo)394 Associates LLP4500 Cherry Creek S, Suite 550, Glendale, CO 80246 Apartment-$ 0.00% -$ 0.00%-$ TOTAL:100.0% 642,155.94$ 100.0% 642,155.94$ 100.0% 642,155.95$ - TOTAL OBLIGATION - 04-117-21-23-0053 6100 Golden Hills Dr. Escelon, Textron, HDR, etal Golden Hills Park II Prop c/o Greenfield Partners LLC 2 Post Road West, Westport, CT 06880 Office04-117-21-23-0054 5900 Golden Hills Dr. Cyber Optices, Strategic, etal Golden Hills Park II Prop c/o Greenfield Partners LLC 2 Post Road West, Westport, CT 06880 Office04-117-21-23-0052 6105 Golden Hills Dr. Preferred One Financial Golden Hills Park II Prop c/o Greenfield Partners LLC 2 Post Road West, Westport, CT 06880 Office04-117-21-23-0055 6051 Golden Hills Dr. Holiday Inn Express Christenson and Torgerson LLP PO Box 1020, Wilmar, MN 56201 Hotel (109 Rooms)04-117-21-24-0039770 Xenia Ave S The XeniaSFI LTD Partnership 20 c/o Slosburg Acq Group Inc10040 Regency Cir, #200, Omaha, NE 68114Apartment04-117-21-24-0038 5701 & 5901 Golden Hills Dr. Allianz Allianz Life Ins Co No AmericaOffice04-117-21-24-0027 5500 Wayzata Blvd. Colonnade Phase I Sof-Xi Colonnade Owner LLC c/o Starwood Cap Grp Global 591 W Putnam Ave, Greenwich CT 06830 Office04-117-21-24-0028 5500 Wayzata Blvd. Colonnade Phase I Sof-Xi Colonnade Owner LLC c/o Starwood Cap Grp Global 591 W Putnam Ave, Greenwich CT 06830 Office04-117-21-24-0029 28 Address Unassigned Colonnade Phase I Sof-Xi Colonnade Owner LLC c/o Starwood Cap Grp Global 591 W Putnam Ave, Greenwich CT 06830 Office04-117-21-24-0032 701 Xenia Ave S. Xenia Ridge Lsref4 Bison Golden Valley LLC c/o Hudson Americas LLC 2711 N Haskell Ave, # 1800, Dallas, TX Office30-029-24-23-0047 5411 Circle Downs Brown & Carlson PA (formerly) Webb Golden Valley, LLCOffice30-029-24-23-0063 5418_5410 Wayzata Blvd. Metropolitan_Good Day Café GV HRA, Webb GV LLC, Workabilities IncBallroom_Restaurant04-117-21-24-0030901 Xenia Ave S.The Arcata ApartmentsIret Properties LP, Attn R.E. Tax DeptPO Box 1988, Minot, ND, 58702Apartment30-029-24-23-00665200 Wayzata BlvdGlobal PointGlobal One Golden Valley, LLC80 8th St S, Suite 900, Minneapolis, MN 55402Senior Housing30-029-24-23-00645100 Wayzata BlvdThe 3.9.4. (Talo)394 Associates LLP4500 Cherry Creek S, Suite 550, Glendale, CO 80246 ApartmentTOTAL:NOTES:1 - Global Point and 3.9.4 (Talo) orignal assessment for one property, broken up by land area for each new development2 - 100% trip generation to Colonnade Building assumed to property 5500 Wayzata Blvd parcel PID 04-117-21-24-00283 - 100% trip generation to 3.9.4 (Talo) assumed to property 5100 Wayzata Blvd parcel PID 30-029-24-23-0064PIDPID$8,539.01$61,191.64$0.00$0.00$8,539.01$61,191.64Trip Generation [Total Daily]Frontage[LF]65% Trip Generation35% Frontage**[LF & Total Daily]C D E = C + DDirect AttributablesTOTAL OBLIGATION (ASSESS + DIRECT)$35,857.83 $0.00$35,857.83$36,313.66 $0.00$36,313.66Address Site Name or Tenants - Cost Proportioning Analysis - A B C = .65A + .35BAddress Site Name or Tenants Owner/TaxpayerOwner/Taxpayer Address Primary UsesOwner/TaxpayerOwner/Taxpayer Address Primary Uses Blended Assessment Amount$86,388.25 $31,951.50$118,339.75$129,407.48 $0.00$129,407.48$37,878.14 $0.00$37,878.14$13,630.38 $0.00$13,630.38$7,597.32 $0.00$7,597.32$38,437.68 $0.00$38,437.68$5,734.35 $0.00$5,734.35$84,800.81 $0.00$84,800.81$49,623.54$642,155.95 $58,755.38$700,911.33$37,998.76 $26,803.88$64,802.64$8,757.10 $0.00$8,757.10$49,623.54 $0.00 6100 Golden Hills Dr.Escelon, Textron, HDR, etal Office 5900 Golden Hills Dr.Cyber Optices, Strategic, etal Office 6105 Golden Hills Dr.Preferred One Financial Office 6051 Golden Hills Dr.Holiday Inn Express Hotel (109 Rooms)10/31/2016 and 6/19/17 Tom Rost and Jim Indahl Main concerns from Holiday Inn were access. Would they have access from Wayzata Blvd - Yes. City has D&U easement there. Also wanted project RR closure and driveway closure to be done at the same time. No comments from Jim other than access 770 Xenia Ave S The Xenia Apartment 5701 & 5901 Golden Hills Drive Allianz Office 10/27/2016 Fred Atkinson Allianz generally does not have any major concerns with the project. They had questions about if City could put in median cut on Xenia into Allianz main entrance and also add No Turn on Red sign for EB Golden Hills to SB Xenia. Will look into requests with final design 5500 Wayzata Blvd.Colonnade Phase I Office 5/22/2017 Emily Hughes (CBRE)No major concerns with project, did however have some concerns with project funding, i.e. assessments. Too high of an assessment may drive some tenants out of building. Wanted more info on easement for sidewalk between 394 and their building and up Turners. 701 Xenia Ave S.Xenia Ridge Office 5411 Circle Downs Brown & Carlson PA (formerly)Office 1/9/2017 Matt Reiger Generally does not have any concerns with project other than the assessment amount, which they thought was high since they did not have frontage on project and believed they produced low trip generations 5418_5410 Wayzata Blvd.Metropolitan_Good Day Café Ballroom_Restaurant 901 Xenia Ave S.The Arcata Apartments Apartment 6/14/2017 Bobbie, RoseAnn Does not have any major concerns or comments on the project 5200 Wayzata Blvd Global Point Senior Housing 5100_5150 Wayzata Blvd.The 3.9.4. (Talo)Apartment Comments Appendix C - Property Owner Meetings - Golden Hills/Xenia Public Improvement Project Address Site Name or Tenants Primary Uses Meeting Date Contact Person Resolution 18-32 May 1, 2018 Member introduced the following resolution and moved its adoption: RESOLUTION ORDERING CONSTRUCTION OF CERTAIN PROPOSED PUBLIC IMPROVEMENTS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR THE XENIA AVENUE SOUTH AND GOLDEN HILLS DRIVE IMPROVEMENT PROJECT #16-09 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. The City has received the feasibility report prepared by WSB and Associate Inc. and it is hereby found and determined that Public Improvements Project 16-09 are 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, other than the portion to be paid from special assessment to be levied as set forth in said notice of public hearing, will be paid by the City or paid from the Municipal State Aid Funds. 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 May 1, 2018 Agenda Item 4. B. Public Hearing -Special Assessments for Xenia Avenue South and Golden Hills Drive Improvement Project Prepared By Sue Virnig, Finance Director R. J. Kakach, Assistant City Engineer Jeff Oliver, PE, City Engineer Summary The following resolution needs to be considered for the certification of special assessments for the Xenia Avenue South and Golden Hills Drive Improvement Project. On April 3, 2018, City Council called for the hearing for the Certification of Special Assessments that coincides with the Xenia Avenue South and Golden Hills Drive Improvement Project. These special assessments finance a portion of the construction of turn lanes and medians, sidewalks, an improved rail crossing at Golden Hills Drive, traffic signal upgrades, and accessibility improvements. The remaining costs are funded by Municipal State Aid funding. On April 5, 2018, all property owners were mailed a hearing notice of the assessment, resolution that will be considered, and a sample payment schedule. The mailings were sent certified and all receipts have been returned from the post office. A legal notice was published April 12 and April 19, 2018. Property owners will have until November 15, 2018, to make payment with no interest. After that date, the amount will be certified and paid with property taxes at a 5% interest rate. The Xenia Avenue South and Golden Hills Drive Improvement project includes various improvements for streets in the following locations: • Xenia Avenue South from I-394 north ramps to Laurel Avenue • Golden Hills Drive from Colorado Avenue South to Turners Crossroad South • Laurel Avenue from Colorado Avenue South to Turners Crossroad South Attachments • List of Property Owners Assessed (1 page) • Resolution Adopting and Confirming Assessments for Various Public Improvements in the Xenia Avenue South and Golden Hills Drive Improvement project (2 pages) • Project Area Map (1 page) Recommended Action Motion to adopt Resolution Adopting and Confirming Assessments for Various Public Improvements in the Xenia Avenue South and Golden Hills Drive Improvement project. PID Address Assessment 04-117-21-23-0052 6105 Golden Hills Dr 37,878.14 04-117-21-23-0053 6100 Golden Hills Dr 35,857.83 04-117-21-23-0054 5900 Golden Hills Dr 36,313.66 04-117-21-23-0055 6051 Golden Hills Dr 13,630.38 04-117-21-24-0027 5500 Wayzata Blvd 8,539.01 04-117-21-24-0028 5500 Wayzata Blvd 61,191.64 04-117-21-24-0029 28 Address Unassigned 5,734.35 04-117-21-24-0030 901 Xenia Ave S 64,802.64 04-117-21-24-0032 701 Xenia Ave S 84,800.81 04-117-21-24-0038 5701 Golden Hills Dr 129,407.48 04-117-21-24-0039 770 Xenia Ave S 118,339.75 30-029-24-23-0047 5411 Circle Down 7,597.32 30-029-24-23-0063 5410 Wayzata Blvd 38,437.68 30-029-24-23-0064 & 0065 5100 Wayzata Blvd 49,623.54 30-029-24-23-0066 5200 Wayzata Blvd 8,757.10 700,911.33 CITY OF GOLDEN VALLEY 2018 XENIA AVENUE & GOLDEN HILLS DRIVE LEVY 19920 J A N p A • Golde7 Colorado Ave S ! W W W • ;. -;. O O N p A o 1 Brunswic 1 I l' 260 co I 280 F o m 07 i O 1 5747 CD fA 8 ym U) o 0 Ln ! and A :v � I fD I 2 ' cp Viso A. N `t7 i n 400 P� 400,1� _• _,.�I .� Turners Crossroad S 97 7 Of N O N O O (O 9' p N N W Qp �• N v A OO O I (DO O O m m O O O m m A o C. p cQ X CL m i m A w o 0 0 w Io m N 5310 N 417 a G V• <91 N M^nl N N N o$ m r l n 0 5301 5300 637 a m N o 0 0 o m o N tea.ti o S o • 633 (DN Law a CD 0 5231 5230 N CD z 629 m m `50, 5221 m o o 5221 5220 625 A. w Z So m o 1 nT 5211 5210 °' T T - 1S Q S CD m m o ?° ?O o p I m 52010 ° O 5200 � a 512j °° o �� m 20 — o 5117 51 cn 0 • ,; 5 m $707 1O0 N o o 0 \ - _•. tg� N 7$ SO 6020 5020 c o CA !11 ao a w SOO cn p w N 7 O 0 Resolution 18-33 May 1, 2018 Member introduced the following resolution and moved its adoption: RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR PUBLIC IMPROVEMENTS IN THE 2018 XENIA AVENUE AND GOLDEN HILLS DRIVE PUBLIC IMPROVEMENT PROJECT AREA 1. The amount proper and necessary to be specially assessed at this time for public improvements: Project Years Interest Rate First Year Levy Total Assessed 2018 Xenia Avenue & Golden Hills Drive Improvement Project Area 10 5% 2019 $700,911.33 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 roll 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 10 years. The first of said installments, together with interest on the entire assessment for the period of January 1, 2019, through December 31, 2019, will be payable with general taxes for the year of 2018, collectible in 2019, 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 18-33 -2- May 1, 2018 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, 2018. 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 May 1, 2018 60 day deadline: May 4, 2018 Agenda Item 4. C. Public Hearing - Conditional Use Permit 110, Amendment #1 - 730 Florida Avenue South - Import Auto Sales, LLC, Applicant Prepared By Jason Zimmerman, Planning Manager Summary Import Auto Sales, LLC, is seeking approval of an amendment to a Conditional Use Permit (CUP- 110) to allow for automobile sales and repair at 730 Florida Avenue South in the I-394 Mixed Use District. In this Zoning District, automobile sales and/or repair are allowed by CUP if the use occupies more than 10,000 square feet of gross floor area. An existing CUP is in place at this location that allows a portion of the building to be used for the repair and storage of vehicles. Proposal Import Auto Sales currently operates a facility in St. Louis Park, south of I-394, but intends to relocate to Golden Valley. If approved, the applicant would renovate the interior of the building with eight bays for automobile repair, office space for automobile sales and customer service, and an indoor showroom for display. They anticipate selling approximately 500 vehicles per year and providing auto service to at least two customers per day. Inventory would be stored outdoors at this site, which would require additional landscaped screening in order to reduce its visual impact from the street and surrounding properties. No dealership inventory would be allowed in customer and employee parking spaces or on Florida Avenue. Other than new signage, the exterior of the building would not change with the proposed renovations. The parking lot would be repaved and restriped prior to use by the applicant. There is sufficient space to provide all of the required parking spaces; no additional paving or impervious surfaces are necessary to accommodate the minimum parking required by Code. Four public bicycle parking spaces are required to be located on-site. Evaluation The existing CUP No. 110 contains a number of conditions that are tied to the specifics of PRISM’s operations. Many of these circumstances are no longer relevant, so the proposal by the applicant would require the existing permit to be amended to reflect new and/or revised conditions. The Planning Commission reviewed the proposal on April 9, 2018, and recommended approval (4- 0). During discussion, the Commissioners suggested that the required screening be met through the planting of vegetation and that it be reduced in height from 4 feet to 2.5-3 feet. Staff finds that the modifications to the existing CUP in order to allow for automobile sales do not conflict with the initial findings supporting the CUP No. 110. Specifically: 1. Demonstrated Need for the Proposed Use: Relocation from the applicant’s current site, less than a mile away, indicates there is a local market for the goods and services being provided. 2. Consistency with the Comprehensive Plan: The automobile sales and repair uses are not inconsistent with the Mixed Use designation on the City’s General Land Use Plan Map. These commercial uses support the goal of locating redevelopment along major corridors and increasing the job and tax base within the community. 3. Effect on Property Values: Staff anticipates the new uses would have no impact on the surrounding property values and are isolated from any residential neighborhoods. 4. Effect on Traffic: The number of trips associated with the proposed uses would likely not exceed the number of trips generated by the use previously at this location. Trips generated from the proposed uses would not exceed the capacity of the roadways. All vehicle deliveries and storage of inventory would be required to take place on-site and not on the street. 5. Effect of Increases in Population and Density: The proposed uses may generate an increase in the number of employees and customers at the location compared to the past uses, but are consistent with the other properties surrounding the site and the Mixed Use district. 6. Increase in Noise Levels: The proposed uses are not anticipated to cause a significant increase in noise levels. Automobile repair work would be conducted within an enclosed building and would take place during normal business hours. No outside music, loudspeakers, or public address system would be allowed. 7. Impact of Dust, Odor, or Vibration: The proposed uses are not anticipated to cause an increase in dust or odor. Minimal vibrations may be associated with the auto repair use but should not impact any adjacent uses. 8. Impact of Pests: The proposed uses are not anticipated to attract pests. 9. Visual Impact: The visual impacts of dealership inventory stored in the parking lot will be mitigated through the addition of screening. An exterior dumpster would be screening with material compatible with the building. 10. Other Impacts to the City and Residents: Staff does not anticipate any other negative effects of the proposed uses. The location is surrounded by automobile, warehouse, and commercial properties and has adequate parking. Staff recommends approval of Conditional Use Permit 110, Amendment #1, subject to the following conditions: 1. All vehicle deliveries and storage of inventory shall take place on-site and shall not take place on the street. 2. No parking shall be allowed within any existing landscaped area. 3. The number of service bays on-site shall be limited to eight. 4. The exterior dumpster shall be screened from view and made of material compatible with the building. 5. No outside music, loudspeakers, or public address system will be allowed. 6. Additional screening shall be installed consistent with the Development Standards for parking screening listed in the Zoning Code for the I-394 Mixed Use District. If vegetative screening is used, the applicant must submit a landscaping plan (number of plantings, species of plantings, etc.) to be reviewed and approved by the City Forester. 7. Snow storage shall be managed in such a way that does not jeopardize the minimum number of parking spaces required. This approval is subject to all other state, federal, and local ordinances, regulations, or laws with authority over this development. Failure to comply with one of more of the above conditions shall be grounds for revocation of the CUP. Consistent with State statute, a certified copy of the CUP must be recorded with Hennepin County. Attachments • Location Map (1 page) • Applicant’s Narrative (1 page) • Memo to the Planning Commission, dated April 9, 2018 (5 pages) • Planning Commission Minutes dated April 9, 2018 (5 pages) • Plans submitted March 5, 2018 (3 pages) • Ordinance #633, Approval of Conditional Use Permit 110, Amendment #1, 730 Florida Avenue South, Import Auto Sales, LLC, Applicant (2 pages) Recommended Action Motion to adopt Ordinance #633, approval of Conditional Use Permit 110, Amendment #1, 730 Florida Avenue South, Import Auto Sales, LLC, Applicant. 133 130 6490 -, 200 6674 6630 6580 6540 6510 205 200 155 150 % 130 135 220 225 220 215 210 �'�I,r,.:: 145 • 8655 V c 220 6615 6565 6535 6515 6495 6475 6455 6445 240 245 240 ;, 245 235 230 205 1240225 - 300 305 J00 = J05 50 255 250 f t 320 325 322 325 ^;'.. 340 345 340 345 515 - 350 365 360 365 Subject Property 400 Q 700 m 6901 120 v 715 c 721 E T30 801 700 2 Market S, "DO y 850 6100 N 6925 805 c Q 6955 6920 c 900 D� ..dq.;r.,: lA:r� 800 o` 4 6944 6660 6620 900 6480 6440 6400 6300 +/�, A WdYzutl S"Cf 6250 6210 WSB We currently are an existing used car dealership at 6009 Wayzata Blvd St. Louis Park, MN 55416 Proposed uses: Used Car Sales and Repair. 7,800 Sq. Ft.West Part of the Building Will be dedicated to Automobile Repair. Roughly 2,500 Sq. Ft. Office Space in the East Part of Building will be dedicated to Sales/Customer Service. Roughly 12,000 Sq. Ft. Central Part of Building Will be dedicated to Indoor Showroom. We have approximately 10 employees. We look to have above 500 automotive sales per year and at least 2 auto service customers per day. Normal operating hours for sales will be Monday-Thursday 9:00 AM—8:00 PM Friday 9:00 AM - 6:00 PM Saturday 9:00 AM -5:00 PM Service Hours Monday- Friday 8:00 AM -6:00 PM Saturday 8:00 AM— 2:00 PM We are not going to be doing changes to the exterior of the building except for adding city approved signage. city 0 a. MEMORANDUM goldent4� valley 11Physical Development Vd � Ph Department y P 763-593-8095/763-593-8109(fax) Date: April 9, 2018 To: Golden Valley Planning Commission From: Jason Zimmerman, Planning Manager Subject: Informal Public Hearing–Amend Conditional Use Permit (CUP-110)to Allow for Automobile Sales and Repair in the 1-394 Mixed Use Zoning District at 730 Florida Avenue South — Import Auto Sales, LLC, Applicant Summary Import Auto Sales, LLC, is seeking approval of an amendment to a Conditional Use Permit (CUP- 110)to allow for automobile sales and repair at 730 Florida Avenue South in the 1-394 Mixed Use District. The property is zoned 1-394 Mixed Use and designated as Mixed Use on the General Land Use Plan. In this Zoning District, automobile sales and/or repair are allowed by CUP if the use occupies more than 10,000 square feet of gross floor area. An existing CUP is in place at this location that allows a portion of the building to be used for the repair and storage of vehicles. Existing Conditions The location of the proposed uses are within a multi-tenant building (Westpark Center) on a lot approximately 2.8 acres in size. It is bounded to the east by Florida Avenue and to the north by Laurel Avenue. A lightly used railroad spur crosses the property to the north along Laurel Avenue. Other automobile, commercial, and warehouse uses are located on the surrounding properties. The total building size is roughly 51,700 square feet. The tenant on the north side of the building (720 Florida) occupies 21,700 square feet and utilizes a parking lot to the north. The south side of the building (730 Florida) is approximately 24,000 square feet. While the front door of 730 Florida faces the street, the parking lot and additional access to the building is located to the south. The space under consideration was recently vacated and previously housed the operations of PRISM. In addition to presence of a thrift store at this location, a CUP was approved in 2005 to allow auto repair and storage. Proposed Use Import Auto Sales currently operates a facility in St. Louis Park, south of 1-394, but intends to relocate to Golden Valley. If approved, the applicant would renovate the interior of the building with eight bays for automobile repair, office space for automobile sales and customer service, and an indoor showroom for display. They anticipate selling approximately 500 vehicles per year and providing auto service to at least two customers per day. Inventory would be stored outdoors at this site, which would require additional landscaped screening in order to reduce its visual impact from the street and surrounding properties. No dealership inventory would be allowed in customer and employee parking spaces or on Florida Avenue. Other than new signage, the exterior of the building would not change with the proposed renovations. The portion of the building under review is 24,228 square feet. The proposed uses would be roughly distributed as shown below: Use Type Square footage Automobile Repair 7,800 Indoor Showroom 12,000 Sales/Customer Service 2,500 Total 221300 The mix and sizes of proposed uses in the building determine the required on-site parking: 8 automobile repair bays @ 4 spaces each 32 12,000 sq. ft. indoor showroom @ 1 space per 1,000 sq. ft. 12 2,500 sq. ft. office @ 1 space per 250 sq. ft. 10 Required spaces = 54 The parking lot will be repaved and restriped prior to use by the applicant. There is sufficient space to provide all of the required parking spaces; no additional paving or impervious surfaces are necessary to accommodate the minimum parking required by Code. Four public bicycle parking spaces are required to be located on-site. Hours of operation for sales would be: Monday—Thursday 9 am to 8 pm Friday 9 am to 6 pm Saturday 9 am to 5 pm Hours of operation for auto repair would be: Monday— Friday 8 am to 6 pm Saturday 8 am to 2 pm Given the commercial/industrial nature of the surrounding properties, there does not appear to be any anticipated problems with the hours being proposed. 2 Evaluation The existing CUP No. 110 contains a number of conditions that are tied to the specifics of PRISM'S operations. Many of these circumstances are no longer relevant, so the proposal by the applicant would require the existing permit to be amended to reflect new and/or revised conditions. Staff finds that the modifications to the existing CUP in order to allow for automobile sales do not conflict with the initial findings supporting the CUP No. 110. Specifically: 1. Demonstrated Need for the Proposed Use: Relocation from the applicant's current site, less than a mile away, indicates there is a local market for the goods and services being provided. 2. Consistency with the Comprehensive Plan: The automobile sales and repair uses are not inconsistent with the Mixed Use designation on the City's General Land Use Plan Map. These commercial uses support the goal of locating redevelopment along major corridors and increasing the job and tax base within the community. 3. Effect on Property Values: Staff anticipates the new uses would have no impact on the surrounding property values and are isolated from any residential neighborhoods. 4. Effect on Traffic: The number of trips associated with the proposed uses would likely not exceed the number of trips generated by the use previously at this location. Trips generated from the proposed uses would not exceed the capacity of the roadways. All vehicle deliveries and storage of inventory would be required to take place on-site and not on the street. 5. Effect of Increases in Population and Density: The proposed uses may generate an increase in the number of employees and customers at the location compared to the past uses, but are consistent with the other properties surrounding the site and the Mixed Use district. 6. Increase in Noise Levels: The proposed uses are not anticipated to cause a significant increase in noise levels. Automobile repair work would be conducted within an enclosed building and would take place during normal business hours. No outside music, loudspeakers, or public address system would be allowed. 7. Impact of Dust, Odor, or Vibration: The proposed uses are not anticipated to cause an increase in dust or odor. Minimal vibrations may be associated with the auto repair use but should not impact any adjacent uses. 8. Impact of Pests: The proposed uses are not anticipated to attract pests. 9. Visual Impact: The visual impacts of dealership inventory stored in the parking lot will be mitigated through the addition of screening. An exterior dumpster would be screening with material compatible with the building. 10. Other Impacts to the City and Residents: Staff does not anticipate any other negative effects of the proposed uses. The location is surrounded by automobile, warehouse, and commercial properties and has adequate parking. Site Plan Review City Code requires that a site plan review be performed by the Planning Commission prior to the issuance of a zoning certificate (in this case, a Conditional Use Permit) for any proposed use in the 1-394 Mixed Use Zoning District. 3 Site plan review standards were established in the 1-394 Mixed Use Zoning District to promote development that is compatible with nearby properties, neighborhood character and natural features, and consistent with the comprehensive plan and/or area plans adopted by the City Council. The regulations recognize the unique character of land and development throughout the City and the need for flexibility in site plan review, allowing the Planning Commission discretion in reviewing site plans. Purposes of Site Plan Review: • Minimize pedestrian and vehicular conflict • Promote public safety • Encourage a high quality of development Development Standards for 730 Florida Avenue South: • Parking location and screening • Pedestrian circulation Analysis Parking Location and Screening: Development standards for the 1-394 Mixed Use district require parking areas be screened from public streets with a landscaped frontage strip. This frontage strip may consist of either a masonry wall, berm or hedge, or combination that forms a screen between 3.5 and 4 feet in height with 50% opacity. The existing parking area to the south of the building is partially screened with two mature trees. Additional screening between the access drives along the east property line would improve the existing conditions by screening automobiles from site. The existing and proposed screening will help reduce pedestrian and vehicular conflict as it acts as a traffic calming mechanism; additionally, vehicular travel in and out of the parking lot should be minimal. Staff recommends additional screening along the east edge of the parking area consistent with the development guidelines of the I-394 Mixed Use district. Pedestrian Circulation: Import Auto Sales does not propose modifications to the existing building exterior or parking lot, except restriping the existing parking spaces. The development standards for the 1-394 Mixed Use district states that sidewalks shall be required along all street frontages, and sidewalk and trail design shall be consistent with the sidewalks proposed in the City's Comprehensive Plan. A sidewalk is already in place along Florida Avenue. The development standards for the 1-394 Mixed Use district require a well-defined, landscaped pedestrian path from the sidewalk to each principal customer/resident entrance of a building. The existing pedestrian path is landscaped. Staff does not recommend additional landscaping for the customer entrance of the building. 4 Recommended Action Staff recommends approval of amended Conditional Use Permit 110 allowing for automobile sales and repair at 730 Florida Avenue South. The approval is subject to the following conditions: 1. All vehicle deliveries and storage of inventory shall take place on-site and shall not take place on the street. 2. No parking shall be allowed within any existing landscaped area. 3. The number of service bays on-site shall be limited to eight. 4. The exterior dumpster shall be screened from view and made of material compatible with the building. 5. No outside music, loudspeakers, or public address system will be allowed. 6. Additional screening shall be installed consistent with the Development Standards for parking screening listed in the Zoning Code for the 1-394 Mixed Use District. If vegetative screening is used, the applicant must submit a landscaping plan (number of plantings, species of plantings, etc.) to be reviewed and approved by the City Forester. This approval is subject to all other state, federal, and local ordinances, regulations, or laws with authority over this development. Failure to comply with one of more of the above conditions shall be grounds for revocation of the CUP. Consistent with State statute, a certified copy of the CUP must be recorded with Hennepin County. Attachments Location Map (1 page) Applicant's Narrative (1 page) Plans submitted March 5, 2018 (3 pages) 5 Minutes of the Golden Valley Planning Commission April 9, 2018 Page 3 The lot being created previously contain d a single-family home, so no significant .mpacts to desirable portions of the site' characteristics are likely. 3. proposed amendment would utilize nd efficiently by concentrating ongoin use ithin one portion of the site and c ating opportunities for future redev ment, allowing for continued g wth of the City's tax base. 4. The use eing proposed are consisten with the current uses on t to and with the City's C prehensive Plan which c Is for the preservation expansion of facilities house major employers; con stent with other red opment goals of the City such as the italization of the Do glas Drive Corri and would help bring order to an area tha i currently a mix uses and zo i g designations and that lacks cohesion. 5. The PUD amendment wo not impac the ge al health, safety, or welfare of the people of the City. 6. The proposed modification does' t co with the standards applied to the existing PUD and does not invalids Intent and Purpose provision of the City Code. Conditions: 1. The recommendations an equireme s outlin' in the memo from the Engineering Division, dated April 5 18, shall bec me a part his approval. 2. Easements identifie ithin section on of the Engine g memo (Preliminary Plat) shall be vacated, rede ated, or created as escribed and inc ed on the Final Plat. 3. The Develop t Agreement for PUD o. 114 shall be ame ed to address the timing of construct' of the required stormwa r treatment system for a existing Tennant campus the new Lot 2. 4. A par dication fee of $10,044 shall required prior to the releas the Final Plat. 5. Th' pproval is subject to all other sta , federal, and local ordinances, lations, aws with authority over this develop ent. 3. Informal Public Hearing — Conditional Use Permit— 730 Florida Avenue — CU-110 — Amendment #1 Applicant: Import Auto Sales, LLC Address: 730 Florida Avenue South Purpose: To allow used motor vehicle sales and automotive repair in the 1-394 Mixed Use Zoning District Zimmerman noted that this property is a multi-tenant building at the corner of Laurel and Florida Avenues. He explained that the applicant is requesting to amend an existing Conditional Use Permit (CUP) to allow auto sales and repair in the 1-394 Mixed Use zoning district. He stated that the existing CUP allows for limited auto repair and that the 1-394 Mixed Use zoning district allows auto sales and repair with a CUP for uses occupying more than 10,000 square feet. Minutes of the Golden Valley Planning Commission April 9, 2018 Page 4 Zimmerman discussed the existing conditions and stated that this is the former site of PRISM, and is a 2.8 acre site with a building footprint of approximately 51,700 square feet total. 730 Florida Avenue occupies approximately 24,000 square feet and the parking lot is located on the south half of the lot. Zimmerman stated that the applicant is proposing to construct eight bays for auto repair, and indoor showroom for display, and an office space for customer service. He noted that prior to occupancy, the parking lot would be resurfaced and restriped and that there will be no changes to the exterior of the building except for new signage. He explained that the hours for sales would be Monday-Thursday 9 am to 8 pm, Saturday 9 am to 6 pm and Sunday 9 am to 5 pm. The hours for auto repair would be Monday-Friday 8 am to 6 pm and Saturday 8 am to 2 pm. He stated that the applicant anticipates 500 auto sales per year and at least two service customers per day. Zimmerman referred to the parking requirements and stated that the required number of vehicle parking spaces is 54, and the number of required bicycle spaces is four. He stated that the previous CUP suggests that there is room for approximately 84 parking spaces so there should be plenty of capacity to handle the required parking. He stated that staff is recommending approval of this CUP amendment as it meets the factors listed in Code used when evaluating Conditional Use Permits. Zimmerman stated that because this property is in the 1-394 Mixed Use zoning district a site plan review is required. He referred to pedestrian circulation and noted that sidewalk along Florida Ave is already installed and that a defined, landscaped path to the principal entrance already exists. He referred to parking location and screening and stated that additional screening, either vegetative or fencing, of the parking lot/inventory storage is required. Segelbaum said he knows PRISM hasn't serviced vehicles at this location for several years and asked if the existing CUP carries on with this new tenant. Zimmerman stated that the CUP is tied to the land and is still in force. Since the applicant is proposing to expand the use it is triggering the need for this CUP amendment. Segelbaum asked if the 1-394 Mixed Use zoning district has any other additional requirements. Zimmerman said that if the applicant was tearing the building down there would be more requirements, but they aren't. Segelbaum noted that Zimmerman said the screening could be vegetative or fencing, but he recalls that the City wants to enhance vegetative screening. Zimmerman stated that the Code isn't specific about the type of screening used, but the Planning Commission could encourage the applicant to use natural screening. Waldhauser said she didn't think the City wanted to encourage screening for auto dealerships because the cars need to be seen. She said she thought the screening requirements applied more for employee parking or other parking lots. Zimmerman said the City has been requiring screening for auto dealership inventory. Waldhauser said she thinks screening is more of a concern if a dealership faces a residential area and this does not. Minutes of the Golden Valley Planning Commission April 9, 2018 Page 5 Radu Krisshmaru, Applicant, said he has been in this business for a long time in several different cities. He stated that the property will be much better looking and that he will screen the parking lot if required. He questioned how far the screening would have to be from the parking lot because there isn't much space for snow storage. Craig Gass, Counselor Realty, added that they could also do some natural landscaping. Segelbaum asked the applicant if he will be selling new or used cars. Krisshmaru said he sells newer, used vehicles and that they like to keep a nice, clean looking property. Segelbaum referred to the number of parking spaces available and asked the applicant if he intends to have 60 cars in inventory. Krisshmaru said there will be 60 cars outside and some in the indoor showroom too. Segelbaum asked the applicant if he intends to add signage. Krisshmaru said he will follow the City's codes regarding signage. Waldhauser referred to the lighting in the parking lot and asked the applicant if he will need different lighting than what is there currently. Krisshmaru said he doesn't think he'll need to add more lighting except for maybe some in the back of the building. Zimmerman stated that the lighting can be kept as is, but if the applicant changes fixtures then the Code requirements would apply. Blum opened the public hearing. Seeing and hearing no one wishing to comment, Blum closed the public hearing. Blum referred to the screening of the parking lot and asked about the differences between other dealerships and what will be required with this applicant. Zimmerman discussed what was required with the last few auto dealerships and reiterated that the Code just states that parking lots shall be screened. Blum asked if the Planning Commission can recommend something specific regarding screening. Zimmerman said yes, the Code says the City may permit alternative approaches that meet the intent of the Code. Brookins asked if there are requirements or limitations regarding gates at the entrance. Zimmerman said no, and added that gates are used more for inventory areas, than sales areas. Blum asked how far the screening has to be from the parking lot. Zimmerman said the Code doesn't give a distance, but the closer the screening is to the street, the better it would be for blocking the view of vehicles. Segelbaum asked about snow storage and removal requirements. Zimmerman said the Code doesn't specify, but there should be enough room on this site for snow storage. Segelbaum asked if there are places snow can't be stored. Zimmerman said typically the City doesn't want to see snow stored on top of sensitive landscaping. Black noted that there are 54 required parking space and that they are expecting to have 84 parking spaces asked if the applicant would be allowed to have more than 30 cars in inventory at one time. Zimmerman said if there is sufficient space on site, it is left up to the business owner to make sure they have enough parking spaces on their site for their customers. Blum agreed that he wants to make sure there is enough parking for staff and customers. Segelbaum said he has concerns about snow storage as well. Zimmerman Minutes of the Golden Valley Planning Commission April 9, 2018 Page 6 clarified that the conditions the City can attach to a CUP are things that reasonably mitigate the concerns the City might have in regard to the use of the property. He stated that a condition of approval could state that snow shall be stored or removed in way that doesn't jeopardize the minimum number of required parking spaces on the site. Brookins referred to the discussion regarding screening and said he is indifferent about what type of screening should be allowed and he is open to variations. Blum asked Brookins if he would distinguish between parking for storage and parking for customers or staff. Brookins said no, he wouldn't distinguish between the two. Waldhauser said she would prefer green screening that includes some grasses and small shrubs. Segelbaum, Blum, and Brookins agreed. Zimmerman noted that the standards in the Code require four feet of screening and asked if the Planning Commission is comfortable with something less than that. Waldhauser recommended 2.5 to 3 feet in height. Segelbaum said it is hard to decide without seeing a specific plan. Blum said it seems reasonable to go with what the Code prescribes. Segelbaum suggested the applicant show a plan to Council if they'd like to do something less than what the Code requires. Brookins said he would be comfortable with staff reviewing the screening plans with the recommendation that the screening should exceed 2.5 feet in height. MOVED by Segelbaum, seconded by Waldhauser and motion carried unanimously to recommend approval of Conditional Use Permit #110, Amendment #1 subject to the following findings and conditions: Findings: 1. Relocation from the applicant's current site, less than a mile away, indicates there is a local market for the goods and services being provided. 2. The automobile sales and repair uses are not inconsistent with the Mixed Use designation on the City's General Land Use Plan Map. These commercial uses support the goal of locating redevelopment along major corridors and increasing the job and tax base within the community. 3. Staff anticipates the new uses would have no impact on the surrounding property values and are isolated from any residential neighborhoods. 4. The number of trips associated with the proposed uses would likely not exceed the number of trips generated by the use previously at this location. Trips generated from the proposed uses would not exceed the capacity of the roadways. All vehicle deliveries and storage of inventory would be required to take place on-site and not on the street. 5. The proposed uses may generate an increase in the number of employees and customers at the location compared to the past uses, but are consistent with the other properties surrounding the site and the Mixed Use district. 6. The proposed uses are not anticipated to cause a significant increase in noise levels. Automobile repair work would be conducted within an enclosed building and would take place during normal business hours. No outside music, loudspeakers, or public address system would be allowed. 7. The proposed uses are not anticipated to cause an increase in dust or odor. Minimal vibrations may be associated with the auto repair use but should not impact any adjacent uses. Minutes of the Golden Valley Planning Commission April 9, 2018 Page 7 8. The proposed uses are not anticipated to attract pests. 9. The visual impacts of dealership inventory stored in the parking lot will be mitigated through the addition of screening. An exterior dumpster would be screening with material compatible with the building. 10.Staff does not anticipate any other negative effects of the proposed uses. The location is surrounded by automobile, warehouse, and commercial properties and has adequate parking. Conditions- 1. onditions:1. All vehicle deliveries and storage of inventory shall take place on-site and shall not take place on the street. 2. No parking shall be allowed within any existing landscaped area. 3. The number of service bays on-site shall be limited to eight. 4. The exterior dumpster shall be screened from view and made of material compatible with the building. 5. No outside music, loudspeakers, or public address system will be allowed. 6. Additional screening shall be installed consistent with the Development Standards for parking screening listed in the Zoning Code for the 1-394 Mixed Use District. If vegetative screening is used, the applicant must submit a landscaping plan (number of plantings, species of plantings, etc.) to be reviewed and approved by the City Forester. The applicant shall explore, with the City Council and staff, ways in which they can enhance the beauty of the site in exchange for a reduction in the required height of the parking lot screening. 7. Snow storage shall be such that it maintains the minimum number of required parking spaces. --Short Recess-- Reports on Meetings f the Housing and Red opment Authority, City ouncil, Board of Zo ing Appeals and of eetings Zimmer reminded the ommissioner t there is a Planning Workshop on April 16 regarding Zoning. H tated that Planning Commission annual report is scheduled to on the Ap 1 10 Co il/Manager agenda. Waldhauser report on B Line meeting recently held at Unity Church. Black suggested that t ty's parking requirements be reviewed. Zimmerman agreed. 5. Other Bus' ss • Co cil Liaison Re ort Sch gall discussed th ;long term plans r rdin Bus Rapid Transit BRT on Hig ay 169 and Highw�r 55. Waldhauser as d if there will be better pedestrian cr sings. Schmidgall said he hopes so and added that BRT along Highway 55 will Exhibit 24"CMP Storm Sewer 1 AVENUE 21"RCP Sanitdry Sewer �� a L! BUY �i', w 3 Awu+ --Y 'S -•�—'N '�--y ..�•-�'• FAILAOAD EASEMENT AS rc PER DOC. 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W� �1 M0�S $3 � LA 5 SURfA IEe?fOF j N 3I 3�P �I SU��fP d a1�il1'�`1 6LEC R56RDICB, d/OTR�mC gm _} a fo �.Wn Line parallel with/he North line oFTract E r J W 6n LU I ,� t ^•�• - fCOwc.dAf6 FOR CONC.d.13d �1' fDH L/GNT L/a oa � 5il l „ l ro AiMW LNDUSTRIAL: FOR. LEASE ... - OYT WESTPARK CENTER 700-750 FLORIDA AVENUE Io Properties, I n e. GOLDEN VALLEY, MINNESOTA 55426 ate' x h T T tai Office: BTS - Warehouse: 7,800 sf O m - � �w Total: 7,800 sf LL z LU �u O 0 r ^ W /--� 0 o NW N0 n ot5 LL� b W f` r S y _ o T Steve Nelson Kyle Thompson HOYT PROPERTIES INC. TEL TEL275 Market Street,Suite 439 snelson@hoytproperties.com kthompson@hoytproperties.com Minneapolis,MN 55405 ' } p' f _ i i r - ORDINANCE NO. 633, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Approval of Conditional Use Permit Number 110, Amendment 1 730 Florida Avenue South Import Auto Sales, LLC, Applicant The City Council for the City of Golden Valley hereby ordains as follows: Section 1. City Code Chapter 11 entitled “Land Use Regulations (Zoning)” is amended in Section 11.10, Subd. 2, and Section 11.47, by approving a Conditional Use Permit for a certain tract of land at 730 Florida Avenue South, thereby allowing for automobile sales and repair in the I-394 Mixed Use Zoning District. This Conditional Use Permit is approved based on the findings of the Planning Commission pursuant to City Code Section 11.80, Subd. 2(G), which findings are hereby adopted and incorporated herein as follows: 1. Relocation from the applicant’s current site, less than a mile away, indicates there is a local market for the goods and services being provided. 2. The automobile sales and repair uses are not inconsistent with the Mixed Use designation on the City’s General Land Use Plan Map. These commercial uses support the goal of locating redevelopment along major corridors and increasing the job and tax base within the community. 3. Staff anticipates the new uses would have no impact on the surrounding property values and are isolated from any residential neighborhoods. 4. The number of trips associated with the proposed uses would likely not exceed the number of trips generated by the use previously at this location. Trips generated from the proposed uses would not exceed the capacity of the roadways. All vehicle deliveries and storage of inventory would be required to take place on-site and not on the street. 5. The proposed uses may generate an increase in the number of employees and customers at the location compared to the past uses, but are consistent with the other properties surrounding the site and the Mixed Use district. 6. The proposed uses are not anticipated to cause a significant increase in noise levels. Automobile repair work would be conducted within an enclosed building and would take place during normal business hours. No outside music, loudspeakers, or public address system would be allowed. 7. The proposed uses are not anticipated to cause an increase in dust or odor. Minimal vibrations may be associated with the auto repair use but should not impact any adjacent uses. 8. The proposed uses are not anticipated to attract pests. 9. The visual impacts of dealership inventory stored in the parking lot will be mitigated through the addition of screening. An exterior dumpster would be screening with material compatible with the building. 10. Staff does not anticipate any other negative effects of the proposed uses. The location is surrounded by automobile, warehouse, and commercial properties and has adequate parking. This Conditional Use Permit is subject to all of the terms of the permit to be issued including, but not limited to the following specific conditions: Ordinance No. 633 -2- May 1, 2018 1. All vehicle deliveries and storage of inventory shall take place on-site and shall not take place on the street. 2. No parking shall be allowed within any existing landscaped area. 3. The number of service bays on-site shall be limited to eight. 4. The exterior dumpster shall be screened from view and made of material compatible with the building. 5. No outside music, loudspeakers, or public address system will be allowed. 6. Additional screening shall be installed consistent with the Development Standards for parking screening listed in the Zoning Code for the I-394 Mixed Use District. If vegetative screening is used, the applicant must submit a landscaping plan (number of plantings, species of plantings, etc.) to be reviewed and approved by the City Forester. 7. Snow storage shall be managed in such a way that does not jeopardize the minimum number of parking spaces required. Section 2. The tract of land affected by this ordinance is legally described as follows: Tract A-Parcel 1: The South 115 feet of the North 265 feet as measured at right angles and parallel with the North line thereof of Tract E, Registered Land Survey No. 648, Files of the Registrar of Titles, County of Hennepin, State of Minnesota. Parcel 2: That part of Tract E, Registered Land Survey No. 648, Files of the Registrar of Titles, County of Hennepin, lying South of a line drawn parallel with and 265 feet Southerly, measured at right angles from the Northerly line of said Tract E and lying North of line drawn parallel with and 400 feet Southerly, measured at right angles from the Northerly line of said Tract E. Tract B-Parcel 1: The North 150 feet as measured at right angles to and parallel with the North line thereof of Tract E, Registered Land Survey 648, Files of the Registrar of Titles, County of Hennepin, State of Minnesota. Parcel 2: That part of Tract D, Registered Land Survey No. 648, lying South of the North 80 feel to Tract D, Files of the Registrar of Titles, County of Hennepin, State of Minnesota. Section 3. City Code Chapter 1 entitled “General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation” and Sec. 11.99 entitled “Violation a Misdemeanor” are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 4. This ordinance shall take effect from and after its passage and publication as required by law. Adopted by the City Council this 1st day of May, 2018. /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 May 1, 2018 60 day deadline: May 22, 2018 Agenda Item 4. D. Public Hearing - Tennant Companies PUD No. 114, Amendment #3 - 701 Lilac Drive North - Transform Minnesota, Applicant Prepared By Jason Zimmerman, Planning Manager Summary Transform Minnesota is applying for a Major Planned Unit Development (PUD) Amendment in order to modify the current boundary of Tennant Companies PUD No. 114. Doing so would create an area of land that would then become available for the construction of a relocated Damascus Way facility one-quarter mile to the west of its current site. Tennant intends to purchase the property on which the existing facility sits and clear the site in anticipation of future campus redevelopment. Proposal The modified PUD boundary would be replatted to exclude a new three-quarters of an acre parcel (Lot 2) in the area previously known as 5808 Olson Memorial Highway. In addition, a small portion of right-of-way currently controlled by the City (previously held by MnDOT) would be added to the new parcel. Modifications to existing drainage and utility easements and a portion of a public street providing access to two single-family lots would also be necessary. Evaluation Staff supports the proposed modification to the PUD boundary in order to advance the redevelopment plans for this part of the city. The removal of Lot 2 from the existing PUD allows it to be utilized by a new and expanded Damascus Way and allows the old facility to be demolished. This would create a greater area of contiguous land for future redevelopment in a highly visible location at the intersection of two major highways. A future modification and amendment to the Tennant PUD would be necessary in order to finish consolidating and developing this area. The Planning Commission reviewed the proposal on April 9, 2018, and recommended approval (4-0). Staff finds that the modification to the existing PUD boundary in order to remove an area of land sufficient to support a relocated Damascus Way facility does not conflict with the initial findings supporting Tennant Companies PUD No. 114. Specifically: 1. Quality Site Planning. The modifications do not negatively impact the overall quality of the site, and in fact advance the opportunity for planned improvements to the Tennant Campus by clearing land for future redevelopment. 2. Preservation. The lot being created contains a vacant single-family home, so no significant impacts to desirable portions of the site’s characteristics are likely. 3. Efficient – Effective. The proposed amendment would utilize land efficiently by concentrating ongoing uses within one portion of the site and creating opportunities for future redevelopment, allowing for continued growth of the City’s tax base. 4. Consistency. The uses being proposed are consistent with the current uses on the site and with the City’s Comprehensive Plan which calls for the preservation and expansion of facilities housing major employers; consistent with other redevelopment goals of the City such as the revitalization of the Douglas Drive Corridor; and would help bring order to an area that is currently a mix of uses and zoning designations and that lacks cohesion. 5. General Health. The PUD amendment would not impact the general health, safety, or welfare of the people of the City. 6. Meets Requirements. The proposed modification does not conflict with the standards applied to the existing PUD and does not invalidate the Intent and Purpose provision of the City Code. Staff recommends approval of Tennant Companies PUD No. 114, Amendment #3, subject to the following conditions: 1. The recommendations and requirements outlined in the memo from the Engineering Division, dated April 5, 2018, shall become a part of this approval. 2. Easements identified within section one of the Engineering memo (Preliminary Plat) shall be vacated, rededicated, or created as described and included on the Final Plat. 3. The Development Agreement for PUD No. 114 shall be amended to address the timing of construction of the required stormwater treatment system for the existing Tennant campus and for the new Lot 2. 4. A park dedication fee of $10,044 shall be required prior to the release of the Final Plat. This approval is subject to all other state, federal, and local ordinances, regulations, or laws with authority over this development. Failure to comply with one of more of the above conditions shall be grounds for revocation of the CUP. Attachments • Location Map (1 page) • Memo to the Planning Commission dated April 9, 2018 (5 pages) • Planning Commission Minutes dated April 9, 2018 (3 pages) • Memo from the Engineering Division dated April 5, 2018 (5 pages) • Preliminary Plat and Exhibits submitted March 23, 2018 (4 pages) • Ordinance #634, Approval of Major PUD Amendment Plan Tennant Companies P.U.D. No. 114, Amendment #3 Transform Minnesota, Applicant (2 pages) Recommended Action Motion to adopt Ordinance #634, Approval of Tennant Companies PUD No. 114, Amendment #3, Transform Minnesota, Applicant. 1000 8 5735 $25 53415321 5301 i 5509 1030 1031 t 1030 1025 #S 800 917 1020 1001 931 r 1 950 921 Ks North Building ' : ,w. ------ 901 't 815 : 70t 2 East Building 820 ¢ _ 196Sou8t Building m O N 701 J 800 810 1 623 621 810 7 5900 5804 604 3 5806 5612 600 6100 5803.E 5730 573 F building 1 Olson Memorial Hwy Subject Property 6125 5801 525 57355729 520 521 roan 1 8115 520 510 5y.�0,. 540 511 945 534 5221 /��Sp /! 500 450 501 505 532 440 500 515 54851 5T4 5J3 c e r-e- .____. 445 444 489 445 511 . city 0 valley-o t a e n MEMORANDUM Physical Development Department 763-593-8095/763-593-8109(fax) Date: April 9, 2018 To: Golden Valley Planning Commission From: Jason Zimmerman, Planning Manager Subject: Informal Public Hearing—Tennant Companies PUD No. 114,Amendment#3—701 Lilac Drive North —Transform Minnesota, Applicant Summary Transform Minnesota is applying for a Major Planned Unit Development (PUD)Amendment in order to modify the current boundary of the Tennant Companies PUD No. 114. Doing so would create an area of land that would then become available for the construction of a relocated Damascus Way facility one-quarter mile to the west of its current site. Tennant intends to purchase the property on which the existing facility sits and clear the site in anticipation of future campus redevelopment. Background PUD No. 114 was created in 2014 and consolidated a number of Tennant-owned properties, including the main plant (Plant One) at 701 Lilac Drive North. This master plan allowed the City to work with Tennant to connect various parts of their campus with sidewalks and trails, design a stormwater management system to address water quality, make needed investments to the fire protection system, and improve fire access to all parts of the site. A planned Phase 2 of the campus project envisioned a three story, 45,000 square foot office building to house employees currently located at 1111 Douglas Drive. A number of nearby parcels not owned by Tennant remained outside of the PUD boundary, including two office buildings housing Clark Engineering, the Damascus Way facility, and two single family homes. Early in 2017, Tennant approached the City with the idea of increasing the size of the planned office building and incorporating additional properties into the PUD. The company had recently purchased the vacant Clark Engineering office buildings and was exploring the possibility of acquiring excess MnDOT right-of-way along Lilac Drive. In order to clear an area large enough to accommodate a larger office building and a parking ramp, they approached Damascus Way to 1 present the idea of relocating the facility to the west onto land Tennant already owned. This concept advanced through the Planning Commission in October of 2017 but stalled prior to consideration by the City Council. A scaled back version of this concept,which would involve only the Damascus Way relocation, is being proposed at this time as Amendment#3. Existing Conditions The size of the current Tennant PUD is roughly 26 acres. It is bounded on the east by Lilac Drive North and Highway 100, on the south by the frontage road and Olson Memorial Highway, to the west by Zane Avenue, and to the north by the Luce Line Regional Trail and tracks belonging to the Union Pacific Railroad. The existing Damascus Way facility sits just north of the frontage road at 5730 Olson Memorial Highway on a 1.46 acre parcel. A vacant single-family home currently occupies the site where the new Damascus Way would be located. 4 r • 1 r r �a, c r c, t *.. M, - P 62211 2s i ' 5808 r c At. Existing Tennant PUD and Damascus Way property 2 Proposal The modified PUD boundary would be replatted to exclude a new three-quarters of an acre parcel (Lot 2) in the area previously known at 5808 Olson Memorial Highway. In addition, a small portion of the right-of-way currently controlled by the City (previously held by MnDOT) would be added to the new parcel. Modifications to existing drainage and utility easements and a portion of a public street providing access to two single-family lots would also be necessary. These areas are shown in the attached Exhibits 1-3. — Ain.. �•� f I �. — ..-.,.�� r°a'RK��r gyaAvey ••'r...R:R,�' c LOT I PARQU / n cfIr Aft I =-_:; ,� •off . y,� A IM it ;I I —JV Gq e III I :�I VU fir I Ilr.k �, ' I i , -I i a--------------- ftxelaV A191I411W tlC7'AYAYJ BTAIE M"AY ; A42 46 Proposed PUD boundary creating Lot 2 The future use of Lot 2 has already been reviewed and recommended to be guided for Medium Density Residential use by the Planning Commission on October 23, 2017. At the same meeting, the Planning Commission recommended the area be rezoned as Medium Density (R-3) Residential. 3 Finally, the Planning Commission recommended approval of a Conditional Use Permit (CUP)to allow the operation of a Residential Facility (the new Damascus Way) in this location. No pedestrian access is currently shown between Zane Avenue and the new facility located to the east. As part of the CUP, the Planning Commission recommended a sidewalk be installed to provide a connection to the sidewalk that exists along the frontage road on the west side of Zane Avenue. Neighborhood Meeting Notices documenting the larger Tennant campus project were sent to property owners within 500 feet of the site and a neighborhood meeting was held on September 7, 2017. One person attended (the property owner of 5806 Olson Memorial Highway). A second neighborhood meeting was determined to be unnecessary in light of the scope of the revised proposal. Staff Review Planning staff supports the proposed modification to the PUD boundary in order to advance the redevelopment plans for this part of the city. The removal of the lot from the existing PUD allows it to be utilized by a new and expanded Damascus Way and allows the old facility to be demolished. This would create a greater area of contiguous land for future redevelopment in a highly visible location at the intersection of two major highways. A future modification and amendment to the Tennant PUD would be necessary in order to finish consolidating and developing this area. Engineering and Fire Safety Considerations As is standard practice for development proposals, plans were reviewed by the City's Engineering Division. A memorandum from the City Engineer that addresses the preliminary plat, demolition, site plan and access, sidewalks and trails, utility plans, stormwater management, tree and landscape plans, and other permits is attached. The City will require as conditions of approval that a variety of easements be adjusted in and around the new Lot 2 in order to protect access to utilities and to preserve space for new pedestrian facilities, and that the existing Development Agreement be amended to address the timing of construction of the required stormwater treatment system to serve the existing campus and the new Lot 2. The Fire Department reviewed this proposal and had no comments or concerns. Fees A park dedication fee equivalent to 6 percent of the estimated land value of the newly created parcel (Lot 2) will be required prior to the release of the Final Plat. 4 Evaluation Staff finds that the modification to the existing PUD boundary in order to remove an area of land sufficient to support a relocated Damascus Way facility does not conflict with the initial findings supporting the Tennant Companies PUD No. 114. Specifically: I. Quality Site Planning. The modifications do not negatively impact the overall quality of the site, and in fact advance the opportunity for planned improvements to the Tennant Campus by clearing land for future redevelopment. 2. Preservation. The lot being created previously contained a single-family home, so no significant impacts to desirable portions of the site's characteristics are likely. 3. Efficient—Effective. The proposed amendment would utilize land efficiently by concentrating ongoing uses within one portion of the site and creating opportunities for future redevelopment, allowing for continued growth of the City's tax base. 4. Consistency. The uses being proposed are consistent with the current uses on the site and with the City's Comprehensive Plan which calls for the preservation and expansion of facilities housing major employers; consistent with other redevelopment goals of the City such as the revitalization of the Douglas Drive Corridor; and would help bring order to an area that is currently a mix of uses and zoning designations and that lacks cohesion. 5. General Health. The PUD amendment would not impact the general health, safety, or welfare of the people of the City. 6. Meets Requirements. The proposed modification does not conflict with the standards applied to the existing PUD and does not invalidate the Intent and Purpose provision of the City Code. Recommendation Staff recommends approval of Amendment#3 to Tennant Companies PUD No. 114, subject to the following conditions: 1. The recommendations and requirements outlined in the memo from the Engineering Division, dated April 5, 2018, shall become a part of this approval. 2. Easements identified within section one of the Engineering memo (Preliminary Plat) shall be vacated, rededicated, or created as described and included on the Final Plat. 3. The Development Agreement for PUD No. 114 shall be amended to address the timing of construction of the required stormwater treatment system for the existing Tennant campus and the new Lot 2. 4. A park dedication fee of$10,044 shall be required prior to the release of the Final Plat. 5. This approval is subject to all other state, federal, and local ordinances, regulations, or laws with authority over this development. Attachments Location Map (1 page) Memo from the Engineering Division dated April 5, 2018 (5 pages) Preliminary Plat and Exhibits submitted March 23, 2018 (4 pages) 5 Regular Meeting of the Golden Valley Planning Commission April 9, 2018 A regular meeting of the Planning Comission was held at the Golden Valley City Hall, ouncil Conference Room, 7800 Gold Valley Road, Golden Valley, M' nesota, on Mo14 April 9, 2018. Secretary Blum Iled the meeting to order 1 pm. Those presen re Planning Commissi ers Black, Blu ookins, Segelbaum and Waldhauser. Also ent were Plannin Manager Ja Zimmerman and Administrative Assistan a Wittmanmmissi s Angell, Johnson and Baker were absent. 1. Approval of Minutes March 12, 2018, Special nning m on Meeting MOVED by Brookins, s nded by Wald auser and mo carried unanimously to approve the March , 2018, minutes as ubmitted. March , 018, Regular Planning mmission Meeting MOV by Waldhauser, seconded by BI and motion carried unanimously to approve th arch 26, 2018, minutes as submitte 2. Informal Public Hearing — Major PUD Amendment— 701 Lilac Drive — Tennant PUD #114 — PU114-A3 Applicant: Transform Minnesota (Damascus Way) Address: 701 Lilac Drive Purpose: To modify the boundary of the existing Tennant PUD Zimmerman reminded the Commission that they reviewed a Tennant PUD Amendment proposal back in October. He explained that a number of the applicant's land use proposals have been withdrawn, but the Damascus Way portion of the proposal which involves removing Damascus from the Tennant PUD is moving forward. Zimmerman referred to a site plan and aerial photos of the property and explained that the applicant is proposing to relocate the Damascus Way facility to the west, outside of the PUD, where a vacant house currently sits. He noted that the Planning Commission already recommended approval of a land use change, a zoning change, and a Conditional Use Permit for Damascus Way. Zimmerman referred to a drawing showing easements and explained that some of them will need to be vacated, rededicated, or created as part of the Final plat. He stated that staff is recommending approval of the PUD Amendment because all six of the necessary findings have been met. Minutes of the Golden Valley Planning Commission April 9, 2018 Page 2 Waldhauser asked if the current Damascus Way property is being incorporated into the Tennant PUD. Zimmerman said not yet, Tennant would own the property, and will add it to the PUD in the future. Black referred to staff's condition regarding stormwater management and asked why Tennant will be responsible when they are not the applicant in this proposal. Zimmerman stated that Tennant is involved in the PUD agreement for the entire PUD and that stormwater management issues are still being negotiated. Segelbaum asked if this proposal is subject to the PUD amenity point requirements. Zimmerman said no, currently the public amenity points are only required with the creation of a new PUD, not a PUD amendment. Segelbaum asked if staff attended the neighborhood meeting. Zimmerman said he did, and one neighbor who lives to the north of the proposed Damascus Way site also attended. Blum asked why the right-of-way to the south is being attached to the new Damascus Way parcel. Zimmerman stated that it is right-of-way that the City and MnDOT don't want or need. He referred to an aerial photo and showed how it will be used for a sidewalk connection in the future. Waldhauser questioned why Tennant isn't getting additional right- of-way on their other properties along the frontage road for the future sidewalk. Zimmerman stated that right-of-way will eventually be required for sidewalk as Tennant's PUD proposal moves forward. Drew Johnson, Oppidan Investment Company, helping facilitate on behalf of Damascus Way and Tennant, stated he is in agreement with staff's conditions subject to working out some of the stormwater issues and how the two parcels relate regarding stormwater. Blum opened the public hearing. Seeing and hearing no one wishing to comment, Blum closed the public hearing. Waldhauser said it seems like this is a small advancement on the larger Tennant PUD proposal they've already discussed. Segelbaum agreed and said it satisfies the requirements and provides benefits in that it makes the PUD more consistent and less of a hodge podge of different properties so he is in favor of this proposal. Blum agreed and said this is a good way for the City to be a partner with property owners and to add some value to the property. MOVED by Brookins, seconded by Blum and motion carried unanimously to recommend approval of a Major PUD Amendment plan for Tennant Companies PUD No. 114, Amendment #3 subject to the following findings and conditions: Findings.- 1. indings:1. The modifications do not negatively impact the overall quality of the site, and in fact advance the opportunity for planned improvements to the Tennant Campus by clearing land for future redevelopment. Minutes of the Golden Valley Planning Commission April 9, 2018 Page 3 2. The lot being created previously contained a single-family home, so no significant impacts to desirable portions of the site's characteristics are likely. 3. The proposed amendment would utilize land efficiently by concentrating ongoing uses within one portion of the site and creating opportunities for future redevelopment, allowing for continued growth of the City's tax base. 4. The uses being proposed are consistent with the current uses on the site and with the City's Comprehensive Plan which calls for the preservation and expansion of facilities housing major employers; consistent with other redevelopment goals of the City such as the revitalization of the Douglas Drive Corridor; and would help bring order to an area that is currently a mix of uses and zoning designations and that lacks cohesion. 5. The PUD amendment would not impact the general health, safety, or welfare of the people of the City. 6. The proposed modification does not conflict with the standards applied to the existing PUD and does not invalidate the Intent and Purpose provision of the City Code. Conditions: 1. The recommendations and requirements outlined in the memo from the Engineering Division, dated April 5, 2018, shall become a part of this approval. 2. Easements identified within section one of the Engineering memo (Preliminary Plat) shall be vacated, rededicated, or created as described and included on the Final Plat. 3. The Development Agreement for PUD No. 114 shall be amended to address the timing of construction of the required stormwater treatment system for the existing Tennant campus and the new Lot 2. 4. A park dedication fee of $10,044 shall be required prior to the release of the Final Plat. 5. This approval is subject to all other state, federal, and local ordinances, regulations, or laws with authority over this development. Informal Public Hearing — onditional Use Permit— 730 Florida Avenue - -110 — Amendment#1 "�"�""° Applic Import Auto les, LLC " Address: 0 Florida enue Soot Purpose: To allo e motor vehicle sales and automotive repair in the 1-394 Mixed U District Zimmerman noted this prop y is a m ' enant building at the corner of Laurel and Florida Avenu . e explained t t the applica i requesting to amend an existing Conditiona e Permit (CUP) to How auto sales an air in the 1-394 Mixed Use zoning district. stated that the existin CUP allows for limite repair and that the 1-394 Mi se zoning district allows to sales and repair with a UP for uses occupying more t n 10,000 square feet. city of � ., 901taenMEMORANDUM valley Public Works Department 763-593-8030/763-593-3988(fax) Date: April 5, 2018 To: Jason Zimmerman, Planning Manager From: Jeff Oliver, PE, City Engineer Eric Eckman, Development and Assets Coordinator Subject: PUD 114 Amendment—Damascus Way Engineering staff reviewed the application to subdivide a portion of Tennant's Lot 1 to create a new parcel for the relocated Damascus Way facility. Lot 1 will continue to contain Tennant's existing industrial buildings and Lot 2 will contain the relocated Damascus Way. Comments are based on plans dated March 23, 2018. 1. Preliminary Plat a. Easements- Portions of public easements located within the boundary of proposed Lot 2, dedicated as part of the plat of Tennant Companies PUD No 114, will be vacated and rededicated as part of the new plat to better align with the proposed lot lines. In general,the new easements must be a minimum of 10 feet in width along rights-of-way and plat boundaries, and twelve feet in width centered on all interior lot lines. However,there are areas where larger easements will be required. A drainage and utility easement 30 feet in width is required along the boundary with the Frontage Road to accommodate the existing utilities that are present. Staff will work with the developer on the specific details of the easement requirements before final plat consideration. b. Tract E-Tract E of Registered Land Survey No 11 is a 60-foot wide parcel that is entirely covered by easements which run in favor of the City, including a sanitary sewer easement, a drainage and utility easement and a right-of-way/roadway easement. There is currently a public roadway and public utilities within Tract E. The single family home on Tract C located at 5806 Olson Memorial Highway is not part of the PUD and will remain in place. Portions of the public easements located within the boundary of proposed Lot 2 will be vacated and rededicated as part of the new plat to accommodate the relocated Damascus Way while still providing access and utility service to other properties. The applicant must provide legal descriptions and exhibits for all easements and easement vacations. G:\Developments-Private\Tennant-701 Lilac Dr\PUD Amendement-Damascus 2018\Tennant PUD Amend Damascus040518.docx c. Trail and Walkway Easements—In addition to standard platted easements, trail and walkway easements a minimum of 10 feet in width must be dedicated along Zane Avenue, the Frontage Road, and Lilac Drive for planned and future bike and pedestrian facilities. The applicant must provide legal descriptions and exhibits to the City for completion of the walkway easements. The City will draft the easements and record the documents with Hennepin County. d. Right-of-Way vacation—A portion of the proposed Lot 2 extends south into the Frontage Road right-of-way. In order to accommodate the Damascus Way relocation,the City will vacate a portion of this right-of-way and retain public easements over the vacated area. e. The proposed PUD amendment borders Highways 55 and Highway 100 and therefore must be reviewed by MnDOT. f. There are existing sanitary sewer easements that run across the southern portions of the PUD. These easements run in favor of Metropolitan Council Environmental Services (MCES), which owns and operates two sanitary sewer forcemains within the right-of-way for Olson Memorial Highway North Frontage road. Trees and shrubs must not be planted within easements or above MCES forcemains, and MCES does not allow gravity connections to its forcemains. The PUD must be reviewed in more detail by the MCES for potential impacts to its facilities and easements. 2. Demolition—The plans indicate that the existing single family home at 5808 Olson Memorial Highway and the existing Damascus Way facility will be demolished as part of this project. All foundations, pavements, driveways, utilities, and other facilities must be completely removed and wells properly abandoned as part of the demolition. Permits from the City and other public entities must be obtained, and evidence of proper MPCA notifications must be submitted, prior to starting any demolition work. Demolition requires a number of permits, including but not limited to, building permit and demolition checklist, sewer and water cutoff permits, stormwater management permit, tree and landscape permit, and right-of-way management permits. Staff in the Physical Development Department can assist the contractor in determining all requirements prior to issuance of permits. 3. Site Plan and Access-The relocated Damascus Way will continue to have its own driveway access onto the Frontage Road. Driveways must be constructed with commercial aprons according to City standards and specifications. A right-of-way management permit is required for driveway construction and removals. As a reminder, in order to protect the City's investment in its infrastructure, no pavements cuts or excavations are allowed between November 1 and the date that spring load restrictions are lifted by MnDOT. 4. Sidewalks and Trails- A sidewalk connection from Zane Avenue to the relocated Damascus Way must be constructed by the applicant as part of the PUD Amendment. The sidewalk must extend from Zane Avenue, across the Damascus Way property, to the GADevelopments-Private\Tennant-701 Lilac Dr\PUD Amendement-Damascus 2018\Tennant PUD Am end_Damascus040518.docx2 public street within Tract E. The walk and curb ramps must be constructed to meet Americans with Disabilities Act (ADA) accessibility guidelines and City engineering standards. Following construction,the sidewalk will be owned and maintained by the City. 5. Utility Plan—Prior to the issuance of any permits, the applicant must submit a utility plan for review and approval by the Physical Development Department. The utility plan must show services extending to Damascus from the mains located within Tract E. a. Inflow and Infiltration (1/1) -The City has a Sanitary Sewer 1/1 Reduction Ordinance to reduce the amount of clear water entering the sewer system. All buildings and sewer services within the PUD are subject to the City's 1/1 Ordinance and must obtain a certificate of compliance. Any unused services adjacent to the PUD must be removed as part of this work. All new or rehabilitated sewer services must be inspected by the City after construction, and must achieve compliance with the City's 1/1 Ordinance, prior to occupancy of any new buildings. b. A City right-of-way management permit is required for all excavations and obstructions within public right-of-way and easements. The details and extent of the street restoration will be determined by the City Engineer at the time of permitting. As a reminder, in order to protect the City's investment in its infrastructure, no pavements cuts or excavations are allowed between November 1 and the date that spring load restrictions are lifted by MnDOT 6. Stormwater Management—In 2014, the City approved Tennant's plans for PUD 114 and a PUD Development Agreement was executed for the phased development of Tennant's corporate campus. The agreement outlines a number of improvements that needed to be made within a certain timeframe, including a requirement to construct a stormwater treatment system to serve the existing campus. The plans for the stormwater treatment system were put on hold in 2017, when Tennant proposed a new plan for its campus headquarters. The 2017 proposal, had it moved forward, included comprehensive stormwater improvements that would have satisfied the requirements outlined in 2014, and would have also treated stormwater from the relocated Damascus Way site. However, the campus headquarters project is currently on hold. While the size and scope of the Damascus Way relocation project on its own does not meet the requirements for review by the Bassett Creek Watershed Management Commission (BCWMC), when coupled with Tennant's 2014 stormwater obligations and its future campus plans, it is evident that the relocated Damascus Way is part of a common plan of development that requires stormwater quality treatment. Therefore, staff recommends that the approval of this PUD Amendment include a condition that Tennant construct its 2014 stormwater treatment obligations as well as stormwater treatment for Damascus Way, or begin construction of the new campus headquarters stormwater improvements, within two years of approval of this PUD GADevelopments-Private\Tennant-701 Lilac Dr\PUD Amendement-Damascus 2018\Tennant PUD Am end_Dam ascus040518.docx3 Amendment. This work shall be guaranteed by a financial security in the amount of 125% of the estimated cost to construct the stormwater improvements. Staff will discuss this further with the applicant and include this condition in the amended PUD Development Agreement for City Council's consideration. Additional comments regarding the stormwater management plan follow: a. As discussed above, development of the Tennant campus headquarters must include stormwater treatment and associated infrastructure for the relocated Damascus Way. This infrastructure must be included in the plans and constructed as part of the Damascus Way project. The storm sewer connection from Damascus to Tennant will likely travel under and across the roadway easement on Tract E, but the system will be owned and maintained by the property owners. The ownership and maintenance of the pipe must be outlined in an agreement between the property owners and executed at the time of development of the Damascus Way site, with a copy of the agreement provided to the City. The City will not own or maintain this storm sewer system. b. The PUD is located within the Sweeney Lake sub-watershed of the Bassett Creek Watershed. Sweeney Lake is downstream of this site and is listed as an impaired water for excess nutrients (phosphorus) and chloride by the Minnesota Pollution Control Agency. A Total Maximum Daily Load (TMDL) Study was completed for the lake and approved in 2011. The study lists implementation strategies such as filtration/infiltration practices and street sweeping that can be incorporated into development projects. The applicant must incorporate stormwater best management practices into the design and maintenance of this site to help achieve water quality goals for the lake. c. A City Stormwater Management Permit is required for development of this site. The application must include the fee, financial security, and a stormwater plan meeting the City's standards. Staff also recommends the preparation of a sweeping plan and chloride management plan as part of the submittal. If applicable, a maintenance agreement between the owner and the City, outlining ownership and maintenance responsibilities, must be executed before the issuance of permits. 7. Tree and Landscape Plan—A Tree and Landscape Permit is required for development of this site and must be issued before beginning any work onsite, including demolition. The applicant/developer must submit a tree survey and tabular inventory showing significant and legacy trees present on the site, and a plan showing trees and vegetation to be removed, protected, and planted. Staff encourages site design that retains existing healthy trees and vegetation whenever feasible. Consistent with the City's natural resource management plan, staff recommends removing buckthorn and any other exotic, invasive, or noxious vegetation species located on the property as part of this development and in accordance with state and local laws. The City Forester will review the inventory and plan in more detail at the time of permitting. GADevelopments-Private\Tennant-701 Lilac Dr\PUD Amendement-Damascus 2018\Tennant PUD Am end_Dam ascus04O518.docx4 8. Permits-The Developer must obtain all appropriate permits from the City and other governmental entities, including but not limited to Stormwater Management, Right-of- Way Management,Tree and Landscape, Sewer and Water, and other permits that may be required for development of this site. Recommendation Engineering staff recommends approval of the Tennant PUD Amendment subject to the conditions set forth by the Planning Division and the comments contained in this report. Approval is also subject to the comments of the City Attorney, other City staff, and other governmental entities. Please feel free to call me or Eric Eckman if you have any questions regarding this report. 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No. 114, Amendment #3 Transform Minnesota, Applicant The City Council for the City of Golden Valley hereby ordains as follows: Section 1. City Code Chapter 11 entitled “Land Use Regulations (Zoning)” is amended in Section 11.10, Subd. 2, and Section 11.55, by approving a Major PUD Amendment Plan to Planned Unit Development (P.U.D.) 114 thereby allowing the modification of the current PUD boundary in order to create a new area of land that would allow for the relocation of the existing Damascus Way facility. This PUD is subject to all of the terms of the permit to be issued including, but not limited to the following specific conditions: 1. The recommendations and requirements outlined in the memo from the Engineering Division, dated April 5, 2018, shall become a part of this approval. 2. Easements identified within section one of the Engineering memo (Preliminary Plat) shall be vacated, rededicated, or created as described and included on the Final Plat. 3. The Development Agreement for PUD No. 114 shall be amended to address the timing of construction of the required stormwater treatment system for the existing Tennant campus and the new Lot 2. 4. A park dedication fee of $10,044 shall be required prior to the release of the Final Plat. 5. This approval is subject to all other state, federal, and local ordinances, regulations, or laws with authority over this development. In addition the Council makes the following findings pursuant to City Code Section 11.55, Subd. 6(Q): 1. The modifications do not negatively impact the overall quality of the site, and in fact advance the opportunity for planned improvements to the Tennant Campus by clearing land for future redevelopment. 2. The lot being created previously contained a single-family home, so no significant impacts to desirable portions of the site’s characteristics are likely. 3. The proposed amendment would utilize land efficiently by concentrating ongoing uses within one portion of the site and creating opportunities for future redevelopment, allowing for continued growth of the City’s tax base. 4. The uses being proposed are consistent with the current uses on the site and with the City’s Comprehensive Plan which calls for the preservation and expansion of facilities housing major employers; consistent with other redevelopment goals of the City such as the revitalization of the Douglas Drive Corridor; and would help bring order to an area that is currently a mix of uses and zoning designations and that lacks cohesion. 5. The PUD amendment would not impact the general health, safety, or welfare of the people of the City. Ordinance No. 634 -2- May 1, 2018 6. The proposed modification does not conflict with the standards applied to the existing PUD and does not invalidate the Intent and Purpose provision of the City Code. Section 2. The tracts of land affected by this ordinance is legally described as follows: Tennant Companies PUD No. 114 Section 3. City Code Chapter 1 entitled “General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation” and Sec. 11.99 entitled “Violation a Misdemeanor” are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 4. This ordinance shall take effect from and after its passage and publication as required by law. Adopted by the City Council this 1st day of May, 2018. /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 May 1, 2018 60 day deadline: November 21, 2017 60 day extension: January 20, 2018 2nd 60 day extension: March 21, 2018 3rd 60 day extension: May 20, 2018 Agenda Item 4. E. Public Hearing - Amendment to the General Land Use Plan Map - Lot 2 of Tennant Companies PUD No. 114 - Oppidan, Inc., Applicant Prepared By Jason Zimmerman, Planning Manager Summary Oppidan, Inc., on behalf of Tennant Companies and Transform Minnesota, is proposing to guide the property shown as Lot 2 of the Tennant Companies PUD 114 from Industrial use to Medium-High Density Residential Use. This is the approximate location of 5808 Olson Memorial Highway. General Land Use Plan Map Amendment The property was guided and zoned for Single Family Residential use for several years and a vacant single-family home is located on the site. In 2006, Tennant Companies acquired the property with the intention of eventually demolishing the home in preparation for expansion of the Tennant World Headquarters campus. The property was guided for Industrial use in the 2008 update to the Comprehensive Plan in preparation for a future expansion of industrial and office uses in the area. As part of the proposal to eventually expand Tennant World Headquarters, Tennant is proposing to relocate Damascus Way to this property so that the existing site of Damascus Way (5730 Olson Memorial Highway) can be used for the Tennant World Headquarters expansion instead. Staff has determined that the proposed Lot 2 of the Tennant Companies PUD 114 is suitable for Residential use again, and particularly for a Residential Facility like Damascus Way. A Zoning Map Amendment has also been filed for this property to rezone it to Medium Density Residential (R-3). A Conditional Use Permit (CUP) application has also been filed. The Planning Commission reviewed the proposal on October 23, 2017, and recommended approval (4-0). Any proposed Comprehensive Plan amendment must be sent to the Metropolitan Council for review and comment. No approval for the proposed Damascus Way may be given by the City Council until the Metropolitan Council has approved this amendment. The City may review the proposal as long as final action is not taken prior to Metropolitan Council review. Approval of a General Land Use Plan Map amendment requires an affirmative vote by 2/3 of members of the City Council. Attachments • Location Map (1 page) • Memo to the Planning Commission dated October 23, 2017 (2 pages) • Planning Commission Minutes dated October 23, 2017 (5 pages) • Preliminary Plat submitted March 23, 2018 (1 page) • Comprehensive Plan Table of Land Use Definitions (1 page) • General Land Use Plan Map (1 page) • Resolution For Amendment To The Comprehensive Plan’s General Land Use Plan Map Designating The Property At Lot 2, Tennant Companies PUD 114 (5808 Olson Memorial Highway) To Medium-High Density Residential (1 page) Recommended Action Motion to adopt Resolution for Amendment to the General Land Use Plan Map for Lot 2 of Tennant Companies PUD No. 114, reguiding from Industrial to Medium-High Density Residential use. 6188 ---3---- 6186 ,, 6189�61 Rn �O 6156 m 61788.1 • 138gi 3 54?6132 #6-172 ,: 06174- --- 8 6148+' 6170 Z • 616 873: 8146 44 •_.._ i e166 6164 .•... 701. 0 6142. ._ - *IBuildng''S, - U �..�.Buildinq ,q J d,Buildinp•6112 6102 s• �.4�6110� - 10C 701 6040` 6070 • �3 Z • 6020 Go60 g ;; 3801 621 4 � � 1 60946092 60E8 = 836126090 - N 68 748 I 6100 S s80e me 5730 N Frontage Rd M Olson Subject Property: Hwy d 6125 5808 Olson Mem Hwy 573!5n9 320 321 3655.35 6115 S1\515 32U .311 345 510' �Oa 509 500 430 C� 301 505 ' .:,,.... - .505 '300 KO 335 City of ohlen. valley Physical Development Department 763-593-8095/763-593-8109(fax) Date: October 23, 2017 To: Golden Valley Planning Commission From: Emily Goellner, Associate Planner/Grant Writer Subject: Informal Public Hearing—Amendment to the General Land Use Map— Proposed Lot 3 of Tennant Companies PUD 114 Plat Background An application to amend the Comprehensive Plan was filed by Oppidan, Inc. on behalf of Tennant Companies, Inc. and Damascus Way/Transform Minnesota to guide the property proposed as Lot 3 of the Tennant Companies PUD 114 Plat (see attached preliminary plat) from Industrial use to Medium-High Density Residential Use. This is in the approximate location of 5808 Olson Memorial Highway. The property was guided and zoned for Single-Family Residential use for several years. A single-family home is located on this property. In 2006, Tennant Companies acquired the property with the intention to eventually demolish the home in preparation for expansion of the Tennant World Headquarters campus. The property was guided for Industrial use in the 2008 update to the Comprehensive Plan in preparation for a future expansion of industrial and office uses in the area. As part of the proposal to expand Tennant World Headquarters (see application for an amendment to PUD 114), Tennant is proposing to relocate Damascus Way to this property so that the existing site of Damascus Way (located at 5730 Olson Memorial Highway) can be used for the Tennant World Headquarters expansion instead. City staff has determined that the proposed Lot 3 of the Tennant Companies PUD 114 Plat is suitable for Residential use again, and particularly for a Residential Facility like Damascus Way. A Conditional Use Permit (CUP) application has been filed for the proposed Damascus Way facility at this site since Residential Facilities serving more than 25 persons must obtain a CUP in the R-3 Medium Density Residential Zoning District (the Zoning District that is most compatible with the Medium-High Density Residential Land Use category in the Comprehensive Plan). A Zoning Map Amendment has also been filed for this property to rezone the property for R-3 Medium Density Residential use. The property proposed as Lot 3 of the Tennant Companies PUD 114 Plat (see attached plat for location and property boundaries) is 32,240 square feet in size with access off of the Olson Memorial Highway frontage road. Adjacent properties are guided for Industrial use, which is unique for a Medium-High Density Residential parcel. However, staff finds that relocating Damascus Way is also a unique challenge. Damascus Way has been located 200 feet east of this proposed location since 1977. Residential Facilities of this kind, which are licensed by the Department of Corrections, are often difficult to locate near other Residential parcels. Even though there is an existing single-family home still in existence north of this property, it is guided for Industrial use in the Comprehensive Plan. As part of the update in 2018, this property will be rezoned from R-1 Single-Family Residential to Industrial use in order to coincide with the Comprehensive Plan. Staff finds that the proposed land use guidance of Medium-High Density Residential is appropriate for this property. Recommendation Staff recommends approval of amending the General Land Use Map to guide the property located at the proposed Lot 3 of Tennant Companies PUD 114 Plat from Industrial use to Medium-High Density Residential use. Attachments Location Map (1 page) Preliminary Plat —Tennant Companies PUD 114 Plat (1 page) Comprehensive Plan Table of Land Use Definitions (1 page) General Land Use Plan Map (1 page) Minutes of the Golden Valley Planning Commission October 23, 2017 Page 10 17. A park dedication fee of 6% of a estimated land value shall be paid before release of e Final Plat. 18. Ana endment hall be submitted proved by the City prior to any additional phase o t on O 19. All signage must meet the requi City's Sign Code. 20. This approval is subject to a r state, fede cal ordinances, regulations, or laws with authority is d elopment. MOVED by B er, seconded Johns n and motion carried unanim to recommend approva ezoning the properties w in Tennant Companies PUD #11 m various zon' districts to Industrial 4. Informal Public Hearing — General Land Use Plan Map Amendment— Damascus Way — 5808 Olson Memorial Highway — CPAM-67 Applicant: Oppidan, Inc. Address: 5508 Olson Memorial Highway Purpose: To change the designation on the General Land Use Plan Map from Industrial to Medium-High Density 5. Informal Public Hearing — Property Rezoning — 5808 Olson Memorial Highway — Damascus Way — ZO12-23 Applicant: Oppidan, Inc. Address: 5808 Olson Memorial Highway Purpose: To rezone the property from R-1 Single Family Residential to R-3 Medium Density Residential 6. Informal Public Hearing — Conditional Use Permit— 5808 Olson Memorial Highway — Damascus Way — CU-159 Applicant: Oppidan, Inc. Address: 5808 Olson Memorial Highway Purpose: To allow for a Residential Facility serving up to 30 clients The Informal Public Hearings and discussion for Items 4, 5 and 6 were combined. Goellner referred to a site plan and explained the applicant's request to move the existing Damascus Way facility to a new location approximately 200 feet to the west. She stated that the existing Damascus Way facility has been at the same location since 1977. Currently, the 2030 Comp Plan guides both the existing property and the new property Industrial and the Minutes of the Golden Valley Planning Commission October 23, 2017 Page 11 zoning designations on the existing properties are Institutional and R-1 Single Family Residential. The proposed new Comp Plan designation for the existing property is Industrial and for the new location Medium-High Density. The proposed zoning designation for the existing property is Industrial and for the new property it is R-3 Medium Density Residential. Goellner discussed the site characteristics of the proposed new location and stated that the property will be 32,240 square feet in size and will be accessible from Olson Memorial Highway. The new location is also near the proposed Zane Avenue bike lanes and sidewalks, the Luce Line trail, and bus routes on Highway 55, Douglas Drive, and Golden Valley Road. Goellner explained that the existing location doesn't have a Conditional Use Permit because one wasn't required by Code when Damascus Way first opened. She stated that the new facility requires a Conditional Use Permit to operate a 24-hour residential facility serving up to 30 individuals. Goellner explained that the facility will be licensed by Hennepin County and the State of Minnesota and will have a shared kitchen and dining facilities, a group activity room, and offices for staff. There will be one employee on site at all times and three to five employees on site during regular business hours. Goellner stated that the Zoning Code requires six parking spaces and that the applicant is proposing to have 15 parking spaces. Goellner referred to the comment regarding sex offenders and noted that the police and the courts don't have authority to decide where an offender can live but they do have to register their home address. She added that Damascus Way doesn't focus on this type of clientele, but rather on individuals who have been released from corrections in general. Goellner stated that staff is recommending approval of the Conditional Use Permit. Staff is also recommending approval of amending the General Land Use Plan Map to guide the new property Medium-High Density Residential use and rezoning the property to Medium Density. Baker asked if there have been any complaints about the existing Damascus Way facility. Goellner said no. Blenker asked if a Conditional Use Permit would be required if the facility moved but retained the same number of clients. Goellner said a Conditional Use Permit is required only if this facility is serving more than 25 individuals on a property zoned R-3. Baker asked how the size of this facility compares with other similar facilities elsewhere in the state. Goellner said she doesn't know how it compares to others in the state but that there are other residential facilities in Golden Valley that are larger than this. Craig Fruen, Executive Director, Damascus Way, stated that they are the smallest facility of this type in the Twin Cities area. Baker asked about the proportion of level three sex offenders. Fruen stated that a level three sex offender lived at their facility for approximately nine months in 2013 and that he Minutes of the Golden Valley Planning Commission October 23, 2017 Page 12 doesn't live there anymore. He stated that their facility no longer accepts level three sex offenders. Johnson referred to the staff report where it states that the new Damascus Way building will be a safer and more secure building designed with institutional safeguards and asked what that means. Carl Nelson, President of Damascus Way, stated that their facility is staffed 24 hours a day, seven days a week and that the building has video monitoring and alarms. He stated that part of the programming is accountability and that they know when residents are on site and their activities. He explained that a resident's transition plan includes obtaining a job and locating his next housing. Fruen added that Damascus Way is a halfway house and is designed to be a buffer to the community and to help keep the community safe by providing the residents a place to live. Blenker asked about the typical amount of time someone stays at the facility. Fruen said 2 to 8 months depending on the client. Baker opened the public hearing. Seeing and hearing no one wishing to comment, Baker closed the public hearing. Blenker questioned if changing the Comp Plan designation and zoning would be considered if this facility weren't already there. She noted that if Damascus Way wasn't located where it is the City would probably zone the property Industrial. She asked about the implications of rezoning the property to R-3 Residential. Goellner stated that this is a unique situation and circumstance and that the proximity of the existing facility is a big factor in this case. Blenker asked if the use would be allowed in the Industrial Zoning District. Goellner said no. Waldhauser stated that keeping this facility in this area has a stronger case than a new and different facility coming into an industrial area. Blenker stated that society produces these types of individuals and that there has to be a way to help people get back into society and this seems like a non-threatening way to do that. Baker agreed and stated that by encouraging this facility in this location the City is doing its part to help these individuals. MOVED by Blenker, seconded by Johnson and motion carried unanimously to recommend approval of changing the designation of 5808 Olson Memorial Highway on the General Land Use Map from Industrial to Medium-High Residential. MOVED by Blenker, seconded by Waldhauser and motion carried unanimously to recommend approval of rezoning the property at 5808 Olson Memorial Highway from R-1 Single Family Residential to R-3 Medium Density Residential. MOVED by Blenker, seconded by Waldhauser and motion carried unanimously to recommend approval of Conditional Use Permit #159 subject to the following findings and conditions: Minutes of the Golden Valley Planning Commission October 23, 2017 Page 13 Findings: 1. This facility is a unique housing type in the City and there is demonstrated need for this type of facility. The applicant has indicated that there is more demand than capacity at the existing facility, which serves up to 18 individuals. The proposed facility would serve up to 30 individuals. 2. The proposed residential facility use is consistent with the General Land Use Plan Map and the Comprehensive Plan. The Housing Chapter of the Comprehensive Plan states that a variety of housing types and designs should be provided in order to allow for greater housing choices for Golden Valley residents. 3. There is no evidence to support an argument that property values would be either positively or negatively affected by the presence of a residential facility in this location. Assessing staff anticipates that there will be no effect as long as the property is well maintained. 4. The number of trips associated with the proposed use will not generate any negative traffic impacts to the surrounding areas. However, deliveries to the property should be made off-street whenever possible to mitigate short-term congestion. 5. The proposal will increase the population at the location as compared to the previous use. This is not expected to have a negative impact. 6. This use is expected to generate the same level of noise as any medium density residential building occupied by residents. 7. The proposed use is not anticipated to cause an increase in dust, odor, or vibrations. 8. The proposed use is not anticipated to attract pests. 9. The proposed building and parking area would have minimal visual impact and would be consistent with other properties in the area. 10. Staff does not anticipate any other negative effects of the proposed use. The use is expected to make a positive impact on new residents of the facility. These residents are re-entering the community after life-changing events and will receive 24-hour care. Conditions.- 1- onditions:1. The facility may serve up to 30 persons and must maintain required licensure from the State of Minnesota and Hennepin County at all times. 2. Site plans and building plans must meet all requirements in the Golden Valley City Code, including but not limited to building height and setbacks, building coverage, impervious surface, outdoor lighting, fencing, signage, and screening. Requirements must be met at all times and all final site and building plans must be approved prior to the issuance of a Building Permit and a Certificate of Occupancy. 3. A Conditional Use Permit Amendment application must be filed by the applicant if any significant changes are made to this proposal, or if any of the conditions of this approval can no longer be met, or if the City Manager or his/her designee identifies changes to the plan or building that impact the findings and recommendations made in this memorandum. 4. A sidewalk design acceptable to the City Manager or his/her designee must be included in final approved site plans and the applicant or property owner must construct the sidewalk. 5. Trash and recycling receptacles as well as rooftop equipment must be screened from view. Minutes of the Golden Valley Planning Commission October 23, 2017 Page 14 6. This approval is subject to all other state, federal, and local ordinances, regulations, or laws with authority over this development. Informal Public Hearing — Gene I Land Use Plan Map Amendment— C orate Woods — PUD #22 — 1111 Dougl Drive — CPAM-64 plicant: Oppidan, Inc. Ad ss: 1111 Douglas Driv Purpos To change the de nation on the Gener and Use Plan Map from Commercial-Offic to Mixed Use Zimmerman referr to a site plan an xplained that n completion of the Tennant World Headquarters is property will vacated. T , property is surrounded by higher density residential, offi and industri I uses alon ith single family resident' Golden Valley Road. Zimmerman referred to the glas ive C ridor stu ,a� tf�stated that it calls for Mixed Use nodes along Douglas Driv s r ev pm • curs, and the draft 2040 Comp Plan anticipates mixed use so staff is f reguiding this property from Commercial- Office to Mixed Use. He added tha roperty also needs to be reguided now in order to be in conformance with the o TIF Plan. Zimmerman expla' at the p p rty i urrently zoned Business and Professional Offices and t ould need to e dified the future to be consistent with the new land use o, the existing P w Id need e rescinded once Tennant has vacated the . aker asked if this prop al would nstrain what is` ne with the Optum site and questioned combining is site and e Optum site. Zi erman said it shouldn't conflict with the Optum site. Waldhauser ask e how TIF on this .9ite affects the other Te 11 ant site. Zimmerman stated that the increas in value on both s s will be utilized in the plan. 1 .4 1 Blenker ask how changing the lard use impacts the current P Zimmerman said it doesn't ha an impact yet, it is takg steps toward when the site i acated and guiding the land plan toward mixed us Johns questioned why the propos I is to reguide the property to Mixed a because the T plan says the property will used for multi-family residential devel ment. 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I AMINO l„ ►"_-� °" I mµ !r'cI iI l e RT 'III I I �I 1� N• I F: ` I 1 1 1 I rIMTTI'117 ) �i 1 } 4u 4 i i �` m' Ii1 �1 1?•1 ?'ji I('1 1 � L—. Y ;.J �I'� � 1 I �a4444gd^°►1 - "' +I `� ; �L/,9/�, I I I I I I i l l l l l l I I I I 1 Lb J `Liu Cl OON m II 1 so lue:raw lu � I - joff .-.a....-.�..N. 3-8 Chapter 3: Land Use Table 3.2: Definition Of Land Use Categories Residential, Low-Density Single-family detached homes are the predominant low-density residential use,with small clusters of (0.1 to 5 homes per gross two-family attached homes mixed in at scattered locations as appropriate. Other types of residential acre of land area) structures in planned unit developments (PUDs)may also be appropriate as long as the overall density of development falls within the acceptable range. Metro Council equivalent is"single family." Residential,Medium- Medium-density residential uses include two-family attached homes in clusters of more than 10 units,or Density (from 5 to 11.99 townhomes,or other types of housing in PUDs where the average density of development falls within the homes per gross acre of land acceptable range. Metro Council equivalent is part of"multi-family." area) Residential,Medium- Townhomes, apartment buildings, and condominiums are the permitted medium-high-density residential High-Density(12 to 19.9 uses. Other types of housing in PUDs are also appropriate in these areas if they are developed to meet homes per gross acre of land the minimum density threshold. Metro Council equivalent is part of"multi-family." area) Residential, High- Apartment buildings and condominiums are the predominant high-density residential uses. Other types of Density (20 to 30 homes housing in PUDs are also appropriate in these areas if they are developed to meet the minimum density per gross acre of land area) threshold.Metro Council equivalent is part of"multi-family." This limited use category features general office buildings. Medical or laboratory facilities where work is Commercial Office performed in a predominantly office setting are also acceptable uses. Office areas may include mixed-use office/residential PUDs. Metro Council equivalent is part of"commercial." Commercial uses include retail sales/services, restaurants, hotels/motels, and for-profit entertainment/ Commercial Retail/ recreation facilities, as well as anything allowed in an office area.Mixed-use commercial/residential Service PUDs are also a possibility. Metro Council equivalent is"commercial,"except that does NOT classify any residential care facilities as commercial uses. This category includes warehousing and storage, assembly and light manufacturing, truck/van terminals, Light Industrial utility installations, offices, and large-scale specialty retail operations such as lumber yards, greenhous- es, and vehicle sales/rental lots. Metro Council equivalent is part of"industrial." Industrial This category includes anything that could go into a light industrial area,as well as railroad uses, animal care facilities, and heavy manufacturing. Metro Council equivalent is part of"industrial." This category includes a mix of residential,commercial, institutional, and business-oriented land uses. Mixed Use This area was established to encourage a compact urban area that will serve as a gateway to the city. Transit-oriented development is expected to spur high-density development that is encouraged to include a mix of uses.Approximatley 25 percent of this area is expected to include residential development. Open Space(public and These uses include golf courses, ball fields, playgrounds, parks, nature areas, and storm water ponding private) areas.Metro Council equivalent is"parks and recreation,"except the Metro Council does not specify ponding areas or nature areas. Schools and Religious These include education facilities at all levels, the cemetery, places of worship for all denominations, Facilities and miscellaneous religious installations. Metro Council equivalent is part of"public, semi-public." Public Facilities, Administrative or service installations(except those otherwise classified)at all levels of government fall Miscellaneous into this category. Metro Council equivalent is part of"public, semi-public." Semi-Public Facilities, Residential treatment or care facilities, hospitals and surgical centers, private clubs, and other not-for- Miscellaneous profit facilities (except those otherwise classified)fall into this category.Metro Council equivalent is part of"public,semi-public,"except for residential treatment or care. Wetland Properties in this category are generally those listed in the National Wetland Inventory.By definition, all wet- land areas are considered to be"in use."Metro Council equivalent is"wetland development constraint." Floodplain This category includes all areas with a land elevation below the 100-year flood level. By definition, all flood- way areas are considered to be"in use."Metro Council equivalent is"floodplain development constraint." Sweeney/Twin Lake, Wirth Lake, DNR unnamed basin#27-36 (in Wirth Park, along the creek north of Open Water Highway 55), and Bassett Creek are classified as open water areas. By definition, all open water is consid- ered to be"in use."Metro Council equivalent is "open water." This category includes all land reserved for street or highway uses and for certain transit facilities, Right-of-Way, Road whether by easement or by fee title. By definition, all such right-of-way is considered to be"in use. Metro Council equivalent is "roadways, option 2." Right-of-Way, Railroad This category includes all land reserved for railroad uses, whether by easement or by fee title. By defini- tion, all such right-of-way is considered to be"in use."There is no Metro Council equivalent. � g "s c N t- � o V W M - o = a e a LL r a o Z c - - - m c $ (,••e O Q Q Q a' N ( m o x S S Uo tl N 0 0)N 0U) U C _ .0 Q o m v 1 c m o (D E E m CT % c •co cn y U- m e V wQ Z y m> > Q a) — w CL mrn 2. � ca ct a CU o ai ax a o � C a ha EMU P6 1'1�I I E E Ll m SI'IOdtl3NNIW dO A.LIJ_ _ 3N _ )UID O 1 .x ` �• e a ll 't SIIOdtl3NNIW d0 AlIJ rr 4 R"IVO8 SN1990 J ., 10 A11J I .` 15>.-I}--TT '• i 1' ^ 7t °x. t `� 1_, M„ \ l,.il1��I- Y'�f ;til 1 l 1 1 LLLIJI � i1 1� LI fl I I ,J � �11i0�1JJT1' 1I1 - 41_ tT' .ter Nt ,.I .. • I � - LI 1 .� �- �,�1�`_.1_ - ��y t �'I _ ,�j �`'�✓I d q i I� '- I L J _ 44 le rT' _ T r IF III IF. �I- -JJ 11 "f 5 ,.� - �' /1 �--Ir ( ' mw ly I L7J dill *� 7tl.LSAiIJ JO AlIJ A— D. IMENE'�� n^I -- _ aw. .- .. _-. L .n�...i.•.,:��_ T'�- _+1 ;.II-n ��-J JS''n MINX•yt I _ pp p , I I ` L7f L tt � t Q. IT I , 16- k:gE +, I 7 i o JL o II I� v. �. ��= I.. , r" •r' LL I IH \ \ I ,J1 - (J f'•,,'�t.- _� TT I.LLL..—-_ —j}�7 I .') rll I�- - lk vl i� gg b w•'�� 1` T • ee Luwm o '. f/IIl,' •� r �. } l I e 41 Ill j , �� 1`,,,, � �. ?y _•` z liI e i 1 < >.O L'Tf vb 1µTfµ��ITµf}I,f.1T�i{�ryr7}- fff J L.t UE' en o arch HiHOWA7d 30 ASID H LnON Td xava S117101'IS d0 7,113 JO)UID Resolution 18-34 May 1, 2018 Member introduced the following resolution and moved its adoption: RESOLUTION FOR AMENDMENT TO THE COMPREHENSIVE PLAN’S GENERAL LAND USE PLAN MAP DESIGNATING THE PROPERTY AT LOT 2, TENNANT COMPANIES PUD 114 (5808 OLSON MEMORIAL HIGHWAY) TO MEDIUM-HIGH DENSITY RESIDENTIAL WHEREAS, the City Council has met at the time and place specified in a notice duly published with respect to the subject matter hereof and has heard all interested persons, and it appearing in the interest of the public that the General Land Use Plan Map as heretofore adopted and enacted by the City of Golden Valley be amended. NOW, THEREFORE, BE IT RESOLVED, by the City Council for the City of Golden Valley, that pursuant to the provision of Chapter 11.90, Subd. 7 of the City Code for the City of Golden Valley, and subject to review and approval by the Metropolitan Council for conformity with regional systems plan as provided in state law, the General Land Use Plan Map for the City of Golden Valley is hereby amended by changing the property at Lot 2, Tennant Companies PUD 114 (5808 Olson Memorial Highway) to Medium-High Density Residential. _____________________________ 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  May 1, 2018  60 day deadline: November 21, 2017  60 day extension: January 20, 2018  2nd 60 day extension: March 21, 2018  3rd 60 day extension: May 20, 2018    Agenda Item   4. F. Public Hearing ‐ Amendment to the Official Zoning Map for Lot 2 of Tennant Companies PUD  No. 114 Plat ‐ Oppidan, Inc., Applicant    Prepared By  Jason Zimmerman, Planning Manager    Summary  Oppidan, Inc., on behalf of Tennant Companies and Transform Minnesota, is proposing to rezone  the property shown as Lot 2 of the Tennant Companies PUD 114 Plat from Single Family Residential  (R‐1) to Medium Density Residential (R‐3). This is the approximate location of 5808 Olson Memorial  Highway.    Official Zoning Map Amendment  The property was guided and zoned for Single Family Residential use for several years and a vacant  single‐family home is located on the site. In 2006, Tennant Companies acquired the property with  the intention of eventually demolishing the home in preparation for expansion of the Tennant  World Headquarters campus. The property was guided for Industrial use in the 2008 update to the  Comprehensive Plan in preparation for a future expansion of industrial and office uses in the area.    As part of the proposal to eventually expand Tennant World Headquarters, Tennant is proposing to  relocate Damascus Way to this property so that the existing site of Damascus Way (5730 Olson  Memorial Highway) can be used for the Tennant World Headquarters expansion instead. Staff has  determined that the proposed Lot 2 of the Tennant Companies PUD 114 Plat is suitable for  Residential use again, and particularly for a Residential Facility like Damascus Way. A General Land  Use Plan Map Amendment has also been filed for this property to reguide it for Medium‐High  Density Residential use. A Conditional Use Permit (CUP) application has also been filed.      The Planning Commission reviewed the proposal on October 23, 2017, and recommended  approval (4‐0).     Attachments   Location Map (1 page)   Memo to the Planning Commission dated October 23, 2017 (2 pages)   Planning Commission Minutes dated October 23, 2017 (5 pages)   Preliminary Plat submitted March 23, 2018 (1 page)   Medium Density Residential (R‐3) Zoning District Section of City Code (4 pages)   Official Zoning Map (1 page)   Ordinance #635, Amending the Official Zoning Map for Lot 2 of Tennant Companies PUD No.  114 Plat from Single Family (R‐1) to Medium Density (R‐3) Residential (1 page)    Recommended Action  Motion to adopt Ordinance #635, Amending the Official Zoning Map for Lot 2 of Tennant  Companies PUD No. 114, rezoning from Single Family (R‐1) to Medium Density (R‐3) Residential.    6188 6186 6187 61Rn 8136 6176 306774 6172 6148. 6168 6170 t Z 614e44 -6 6142fg16666164 ldin fw 813: al Buil4� dno U �- th Bui(dlWg�6112 '' J 6102' 6110 •-- --. 701 C - AWM U` 823. .. ;. i6060 Z 821 6020 4 •x5900 . 6090 6100 8 7 5700 -8Y= 7 KIK' o- N Frontage Rd Olson-M subject Property: Hwy55`� � 6125 5808 Olson Mem Hwy - --- 5801 - _ 573.3 9 521520 Sss,SSS 17- 6115 S 513 t�., ,�S,r11 345 - - 309' S00 430 aC� 901 .503 7300 X503 d ' C11 v ] I �.'•NPhysical Development Department 763-593-8095/763-593-8109(fax) Date: October 23, 2017 To: Golden Valley Planning Commission From: Jason Zimmerman, Planning Manager Subject: Informal Public Hearing—Amendment to Official Zoning Map —Lot 3 of Tennant Companies PUD 114 Plat Background An application to amend the Official Zoning Map was filed by Oppidan, Inc. on behalf of Tennant Companies, Inc. and Damascus Way/Transform Minnesota to rezone the property proposed as Lot 3 of the Tennant Companies PUD 114 Plat (see attached preliminary plat) from R-1 Single-Family Residential use to R-3 Medium Density Residential Use. This is in the approximate location of 5808 Olson Memorial Highway. The property was guided and zoned for Single-Family Residential use for several years. A single-family home is located on this property. In 2006, Tennant Companies acquired the property with the intention to eventually demolish the home in preparation for expansion of the Tennant World Headquarters campus. The property was guided for Industrial use in the 2008 update to the Comprehensive Plan in preparation for a future expansion of industrial and office uses in the area. As part of the proposal to expand Tennant World Headquarters (see application for an amendment to PUD 114), Tennant is proposing to relocate Damascus Way to this property so that the existing site of Damascus Way (located at 5730 Olson Memorial Highway) can be used for the Tennant World Headquarters expansion instead. City staff has determined that the proposed Lot 3 of the Tennant Companies PUD 114 Plat is suitable for Residential use, and particularly for a Residential Facility like Damascus Way. A Conditional Use Permit (CUP) application has been filed for the proposed Damascus Way facility at this site since Residential Facilities serving more than 25 persons must obtain a CUP in the R-3 Medium Density Residential Zoning District. A Comprehensive Plan Map Amendment has also been filed for this property to guide the property for Medium Density Residential use. The property proposed as Lot 3 of the Tennant Companies PUD 114 Plat (see attached plat for location and property boundaries) is 32,240 square feet in size with access off of Olson Memorial Highway frontage road. Adjacent properties are guided for Industrial use, which is unique for a Medium Density Residential parcel. However, staff finds that relocating Damascus Way is also a unique challenge. Damascus Way has been located 200 feet east of this proposed location since 1977. Residential Facilities of this kind, which are licensed by the Department of Corrections, are often difficult to locate near other Residential parcels. Even though there is an existing single-family home still in existence north of this property, it is guided for Industrial use in the Comprehensive Plan. As part of the update in 2018, this property will be rezoned from R-1 Single-Family Residential to Industrial use in order to coincide with the Comprehensive Plan. Staff finds that the proposed zoning designation of R-3 Medium Density Residential is appropriate for this property. Recommendation Staff recommends approval of the amendment to the Official Zoning Map to designate the property located at the proposed Lot 3 of Tennant Companies PUD 114 Plat from the R-1 Single Family Residential Zoning District to the R-3 Medium Density Residential Zoning District. Attachments Location Map (1 page) R-3 Medium Density Residential Zoning District Section of City Code (4 pages) Preliminary Plat—Tennant Companies PUD 114 Plat (1 page) Official Zoning Map (1 page) 2 Minutes of the Golden Valley Planning Commission October 23, 2017 Page 10 edication fee of 6% of the stimated land value shall efore release of the Fina 18. An additional P ment s II be su o and approved by the City prior to any additional phase of de n utlot A. 19. All signage must meet the re e City's Sign Code. 20. This approval is subject oth state, fe local ordinances, regulations, or laws with autho ver this de elopment. MOVED nker, seconded John n and motion carried unanimo sly to recommend appy of rezoning the properties w in Tennant Companies PUD #114 from various g districts to Industrial 4. Informal Public Hearing — General Land Use Plan Map Amendment— Damascus Way — 5808 Olson Memorial Highway — CPAM-67 Applicant: Oppidan, Inc. Address: 5508 Olson Memorial Highway Purpose: To change the designation on the General Land Use Plan Map from Industrial to Medium-High Density 5. Informal Public Hearing — Property Rezoning — 5808 Olson Memorial Highway — Damascus Way — Z012-23 Applicant: Oppidan, Inc. Address: 5808 Olson Memorial Highway Purpose: To rezone the property from R-1 Single Family Residential to R-3 Medium Density Residential 6. Informal Public Hearing — Conditional Use Permit— 5808 Olson Memorial Highway — Damascus Way — CU-159 Applicant: Oppidan, Inc. Address: 5808 Olson Memorial Highway Purpose: To allow for a Residential Facility serving up to 30 clients The Informal Public Hearings and discussion for Items 4, 5 and 6 were combined. Goellner referred to a site plan and explained the applicant's request to move the existing Damascus Way facility to a new location approximately 200 feet to the west. She stated that the existing Damascus Way facility has been at the same location since 1977. Currently, the 2030 Comp Plan guides both the existing property and the new property Industrial and the Minutes of the Golden Valley Planning Commission October 23, 2017 Page 11 zoning designations on the existing properties are Institutional and R-1 Single Family Residential. The proposed new Comp Plan designation for the existing property is Industrial and for the new location Medium-High Density. The proposed zoning designation for the existing property is Industrial and for the new property it is R-3 Medium Density Residential. Goellner discussed the site characteristics of the proposed new location and stated that the property will be 32,240 square feet in size and will be accessible from Olson Memorial Highway. The new location is also near the proposed Zane Avenue bike lanes and sidewalks, the Luce Line trail, and bus routes on Highway 55, Douglas Drive, and Golden Valley Road. Goellner explained that the existing location doesn't have a Conditional Use Permit because one wasn't required by Code when Damascus Way first opened. She stated that the new facility requires a Conditional Use Permit to operate a 24-hour residential facility serving up to 30 individuals. Goellner explained that the facility will be licensed by Hennepin County and the State of Minnesota and will have a shared kitchen and dining facilities, a group activity room, and offices for staff. There will be one employee on site at all times and three to five employees on site during regular business hours. Goellner stated that the Zoning Code requires six parking spaces and that the applicant is proposing to have 15 parking spaces. Goellner referred to the comment regarding sex offenders and noted that the police and the courts don't have authority to decide where an offender can live but they do have to register their home address. She added that Damascus Way doesn't focus on this type of clientele, but rather on individuals who have been released from corrections in general. Goellner stated that staff is recommending approval of the Conditional Use Permit. Staff is also recommending approval of amending the General Land Use Plan Map to guide the new property Medium-High Density Residential use and rezoning the property to Medium Density. Baker asked if there have been any complaints about the existing Damascus Way facility. Goellner said no. Blenker asked if a Conditional Use Permit would be required if the facility moved but retained the same number of clients. Goellner said a Conditional Use Permit is required only if this facility is serving more than 25 individuals on a property zoned R-3. Baker asked how the size of this facility compares with other similar facilities elsewhere in the state. Goellner said she doesn't know how it compares to others in the state but that there are other residential facilities in Golden Valley that are larger than this. Craig Fruen, Executive Director, Damascus Way, stated that they are the smallest facility of this type in the Twin Cities area. Baker asked about the proportion of level three sex offenders. Fruen stated that a level three sex offender lived at their facility for approximately nine months in 2013 and that he Minutes of the Golden Valley Planning Commission October 23, 2017 Page 12 doesn't live there anymore. He stated that their facility no longer accepts level three sex offenders. Johnson referred to the staff report where it states that the new Damascus Way building will be a safer and more secure building designed with institutional safeguards and asked what that means. Carl Nelson, President of Damascus Way, stated that their facility is staffed 24 hours a day, seven days a week and that the building has video monitoring and alarms. He stated that part of the programming is accountability and that they know when residents are on site and their activities. He explained that a resident's transition plan includes obtaining a job and locating his next housing. Fruen added that Damascus Way is a halfway house and is designed to be a buffer to the community and to help keep the community safe by providing the residents a place to live. Blenker asked about the typical amount of time someone stays at the facility. Fruen said 2 to 8 months depending on the client. Baker opened the public hearing. Seeing and hearing no one wishing to comment, Baker closed the public hearing. Blenker questioned if changing the Comp Plan designation and zoning would be considered if this facility weren't already there. She noted that if Damascus Way wasn't located where it is the City would probably zone the property Industrial. She asked about the implications of rezoning the property to R-3 Residential. Goellner stated that this is a unique situation and circumstance and that the proximity of the existing facility is a big factor in this case. Blenker asked if the use would be allowed in the Industrial Zoning District. Goellner said no. Waldhauser stated that keeping this facility in this area has a stronger case than a new and different facility coming into an industrial area. Blenker stated that society produces these types of individuals and that there has to be a way to help people get back into society and this seems like a non-threatening way to do that. Baker agreed and stated that by encouraging this facility in this location the City is doing its part to help these individuals. MOVED by Blenker, seconded by Johnson and motion carried unanimously to recommend approval of changing the designation of 5808 Olson Memorial Highway on the General Land Use Map from Industrial to Medium-High Residential. MOVED by Blenker, seconded by Waldhauser and motion carried unanimously to recommend approval of rezoning the property at 5808 Olson Memorial Highway from R-1 Single Family Residential to R-3 Medium Density Residential. MOVED by Blenker, seconded by Waldhauser and motion carried unanimously to recommend approval of Conditional Use Permit #159 subject to the following findings and conditions: Minutes of the Golden Valley Planning Commission October 23, 2017 Page 13 Findings: 1. This facility is a unique housing type in the City and there is demonstrated need for this type of facility. The applicant has indicated that there is more demand than capacity at the existing facility, which serves up to 18 individuals. The proposed facility would serve up to 30 individuals. 2. The proposed residential facility use is consistent with the General Land Use Plan Map and the Comprehensive Plan. The Housing Chapter of the Comprehensive Plan states that a variety of housing types and designs should be provided in order to allow for greater housing choices for Golden Valley residents. 3. There is no evidence to support an argument that property values would be either positively or negatively affected by the presence of a residential facility in this location. Assessing staff anticipates that there will be no effect as long as the property is well maintained. 4. The number of trips associated with the proposed use will not generate any negative traffic impacts to the surrounding areas. However, deliveries to the property should be made off-street whenever possible to mitigate short-term congestion. 5. The proposal will increase the population at the location as compared to the previous use. This is not expected to have a negative impact. 6. This use is expected to generate the same level of noise as any medium density residential building occupied by residents. 7. The proposed use is not anticipated to cause an increase in dust, odor, or vibrations. 8. The proposed use is not anticipated to attract pests. 9. The proposed building and parking area would have minimal visual impact and would be consistent with other properties in the area. 10. Staff does not anticipate any other negative effects of the proposed use. The use is expected to make a positive impact on new residents of the facility. These residents are re-entering the community after life-changing events and will receive 24-hour care. Conditions: 1. The facility may serve up to 30 persons and must maintain required licensure from the State of Minnesota and Hennepin County at all times. 2. Site plans and building plans must meet all requirements in the Golden Valley City Code, including but not limited to building height and setbacks, building coverage, impervious surface, outdoor lighting, fencing, signage, and screening. Requirements must be met at all times and all final site and building plans must be approved prior to the issuance of a Building Permit and a Certificate of Occupancy. 3. A Conditional Use Permit Amendment application must be filed by the applicant if any significant changes are made to this proposal, or if any of the conditions of this approval can no longer be met, or if the City Manager or his/her designee identifies changes to the plan or building that impact the findings and recommendations made in this memorandum. 4. A sidewalk design acceptable to the City Manager or his/her designee must be included in final approved site plans and the applicant or property owner must construct the sidewalk. 5. Trash and recycling receptacles as well as rooftop equipment must be screened from view. Minutes of the Golden Valley Planning Commission October 23, 2017 Page 14 6. This approval is subject to all other state, federal, and local ordinances, regulations, or laws with authority over this development. Informal Public Hearing — Ge ral Land Use Plan Map Amendment— Corporate Woods — PUD #22 — 1111 Do las Drive — CPAM-64 plicant: Oppidan, Inc. Ad ss: 1111 Douglas D ve Purpos To change the signation on the General Land U Ian Map from Commercial-0 e to Mixed Use Zimmerman referr to a site plan a�d explained that upon co, letion of the Tennant World Headquarters is property wi be vacated. The prop is surrounded by higher density residential, o and indus ial uses along with s' ;gle family residential north of Golden Valley Road. Zimmerman referred to the ouglas, rive Corridor dy and stated that it calls for Mixed Use nodes along Douglas D e as developme occurs, and the draft 2040 Comp Plan anticipates mixed use so staff rec mmendin Ieguiding this property from ComServia" Office to Mixed Use. He added t t e prop e also needs to be re in order to be in conformance with the pro ',ed TIF Ian. Zimmerman explained that the prop ',N ntly zoned Business and Professional Offices and that would need to d in the future to be consistent with the new land use. Also, the exi wQ;=d n to be rescinded once Tennant has vacated the site. A: Ba ed if this proposal w Id co' strain his done with the Optum site and estioned combining this s' and t4 Optum site immerman said it shouldn't conflict with the Optum site. �1 Waldhauser asked ho IF on this si ,,e affects the other ennant site. Zimmerman stated that the increase in v ue on both situ will be utilized in thTIF plan. Blenker asked h changing the Iaj��,use impacts the curren BUD. Zimmerman said it T� doesn't have a , impact yet, it is takin§ steps toward when the is vacated and guiding the land use an toward mixed use. Johnson �estioned why the propose is to reguide the property to d Use because the TIF an says the property will be-,jrsed for multi-family residential d' lopment. 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I I i a@I ! t l B 1+ J J I , I x p I - .towtcaYurun _.. a man atv6 —�,0L�;OON I �OIDN` — '1►tl18'10iI�lA'Y --_-- —_ A:•e X11 a I re e c sm. tme 7YitlY'IW dM.Y a tm aiowawo I ttun -0 can as to tw1 tab su Iw tamlmlm Au 1 I I � sJ 1 I -- d "gil I �f ap�Il § 11.23 Section 11.23: Medium Density Residential Zoning District (R-3) Subdivision 1. Purpose The purpose of the Medium Density Residential Zoning District (R-3) is to provide for medium density housing (up to ten (10) units per acre with potential for twelve (12) units per acre with density bonuses) along with directly related and complementary uses. Senior and physical disability housing is permitted to a density in excess of twelve (12) units per acre or up to five (5) stories or sixty (60) feet in height with a Conditional Use Permit. Source: Ordinance No. 459, 2nd Series Effective Date: 08-12-11 Subdivision 2. District Established Properties shall be established within the R-3 Zoning District in the manner provided for in Section 11.90, Subdivision 3 of this Chapter, and when thus established shall be incorporated in this Section 11.23, Subdivision 2 by an ordinance which makes cross-reference to this Section 11.23 and which shall become a part hereof and of Section 11.10, Subdivision 2 thereof, as fully as if set forth herein. In addition the R-3 Zoning Districts thus established, and/or any subsequent changes to the same which shall be made and established in a similar manner, shall be reflected in the official zoning map of the City as provided in Section 11.11 of this Chapter. Source: Ordinance No. 372, 2nd Series Effective Date: 07-13-07 Subdivision 3. Permitted Uses The following uses and no other shall be permitted in the R-3 Zoning District: A. Townhouses, consistent with the City's Mixed-Income Housing Policy B. Two-family dwellings, consistent with the City's Mixed-Income Housing Policy C. Multiple-family dwellings of up to ten (10) units or less per acre with potential of (12) units per acre with density bonuses, consistent with the City's Mixed-Income Housing Policy Source: Ordinance No. 631, 2nd Series Effective Date: 03-15-18 D. Foster Family Homes E. Essential Services, Class I F. No more than one (1) kitchen area and one (1) kitchenette shall be permitted in each dwelling unit. Source: Ordinance No. 372, 2nd Series Effective Date: 07-13-07 Golden Valley City Code Page 1 of 4 § 11.23 Subdivision 4. Accessory Structures and Uses The following accessory structures and no others shall be permitted in R-3 Zoning Districts: A. Enclosed parking structures similar in construction and materials to the principal structure B. Storage structures similar in construction and materials to the principal structure not exceeding five hundred (500) square feet in area. No accessory structure shall be erected in the R-3 Zoning District to exceed a height of one (1) story, which is ten (10) feet from the floor to the top horizontal member of a frame building to which the rafters are fastened, known as the top plate. C. Private indoor and outdoor recreational facilities, including but not limited to swimming pools and tennis courts D. Underground parking structures E. Other Accessory Structures, as defined in Section 11.03. F. Setback requirements. The following structure setbacks shall be required for all enclosed parking structures and other accessory uses in the R-3 Zoning District. 1. Front Setback. The required minimum front setback shall be twenty-five (25) feet from any front property line along a street right-of-way line. 2. Side and Rear Yard Setback. The required minimum side and rear setback for enclosed parking structures and garbage enclosures shall be thirty (30) feet when abutting any R-1 Zoning District and twenty (20) feet in all other instances. The required minimum side and rear setback for other accessory uses shall be fifteen (15) feet. G. Separation Between Structures. Accessory structures shall be located completely to the rear of the principal structure and no less than ten (10) feet from any principal structure and from any other accessory structure. Source: Ordinance No. 459, 2nd Series Effective Date: 08-12-11 Subdivision S. Conditional Uses The following conditional uses may be allowed after review by the Planning Commission and approval by the Council following the standards and procedures set forth in this Chapter: A. Residential facilities serving twenty-five (25) or more persons. B. Group Foster Homes Source: Ordinance No. 372, 2nd Series Effective Date: 07-13-07 Golden Valley City Code Page 2 of 4 § 11.23 C. Senior and physical disability housing to a density in excess of twelve (12) units per acre, consistent with the City's Mixed-income Housing Policy or up to five (5) stories or sixty (60) feet in height Source: Ordinance No. 631, 2nd Series Effective Date: 03-15-18 D. Retail sales, Class I and II restaurant establishments, and professional offices within principal structures containing twenty (20) or more dwelling units when located upon any minor or major arterial street. Any such sales establishment or office shall be located only on the ground floor and have direct access to the street. Source: Ordinance No. 372, 2nd Series Effective Date: 07-13-07 *Re-lettering Source (E): Ordinance No. 459, 2nd Series Effective Date: 08-12-11 Subdivision 6. Buildable Lots In the R-3 Zoning District a lot of a minimum area of fifteen thousand (15,000) square feet shall be required for any principal structure. A minimum lot width of one hundred (100) feet at the front setback line shall be required. Subdivision 7. Corner Visibility All structures in the R-3 Zoning District shall meet the requirements of the corner visibility requirements in Chapter 7 of the City Code. Subdivision 8. Easements No structures in the R-3 Zoning District shall be located in dedicated public easements. Subdivision 9. Maximum Coverage by Building and Impervious Surfaces Structures, including accessory structures, shall not occupy more than forty percent (40%) of the lot area. Total impervious surface on any lot shall not exceed sixty percent (60%) of the lot area. Subdivision 10. Principal Structures Principal structures in the R-3 Zoning District shall be governed by the following requirements: A. Setback Requirements. The following structure setbacks shall be required for principal structures in the R-3 Zoning District. 1. Front Setback. The required minimum front setback shall be twenty-five (25) feet from any front property line along a street right-of-way line. An open front porch for each building, with no screens, may be built on the Golden Valley City Code Page 3 of 4 § 11.23 ground level to within seventeen (17) feet of a front property line along a street right-of-way line. 2. Side and Rear Yard Setback. When directly abutting any R-1 Zoning District, the required side and rear yard setback shall be thirty (30) feet. In all other instances, the required side and rear yard setback shall be twenty (20) feet. B. Maximum Density. Dwelling units shall not be built at a rate greater than ten (10) units per acre, unless they meet the provisions of Subdivision 12. Source: Ordinance No. 372, 2nd Series Effective Date: 07-13-07 C. Height. No building shall exceed four (4) stories or forty-eight (48) feet in height, whichever is less. Senior and physical disability housing with a Conditional Use Permit shall not exceed five (5) stories or sixty (60) feet in height. Source: Ordinance No. 459, 2nd Series Effective Date: 08-12-11 Subdivision 11. Density Bonus Multiple Family dwellings providing sidewalks as required by the City shall be granted one (1) of the following density bonuses. A. Underground Parking. The provision of one (1) or more underground parking space per dwelling unit shall increase the maximum allowable density by two (2) units per acre. B. Public Transit. Scheduled public transit route within one thousand (1000) feet of the primary entrance accessed by public sidewalk shall result in an increase in the maximum allowable density by one (1) unit per acre and reduce required parking to one and one half (1.5) spaces per dwelling. C. Recreation. Indoor or outdoor recreation facilities such as swimming pools, porches, tennis courts, or other facilities requiring a substantial investment equaling at minimum five percent (5%) of the construction cost of the principal structure shall increase the maximum allowable density by two (2) units per acre. Source: Ordinance No. 372, 2nd Series Effective Date: 07-13-07 *Renumbering Source (11): Ordinance No. 459, 2nd Series Effective Date: 08-12-11 Golden Valley City Code Page 4 of 4 4-1 xq•P"� N1✓. 'w y gy a Jia2Y Q N .'9� IN + 4-114. P4v "C O 8 s'" E = v Um o �o 'c E ^ 8 - rH, v m V y n ''� '� `� '.� '.� > eo d 1>' -yam. C P U vl , ¢ En .� LU O B Q Q Q Q Q Q r7 $ T S � y a N.8 N O W w' .. .. w LL i .�] .d .b .6 .6 Q eo i ry a Y a a> w a > v �1 v 'L3 Cn 0 E }} y Q v 'C `� 0 r N M q to ►� m � 1 8 e � E-' E NU ^ ° _ yxy p o ti Ci Ci pd NNE g F , l` L. U Q N o p O ' Cf) \�\\\\ s a3[o F0J0 `s a o u Z 5 O D 4 ° a '� �2� U� ° s ��� a 2 P CW1 V N Z J CJ ..� .� N �0 �1 IDD D o s a� o r 0 SMod VEIN Nin d0 AJ.IJ �ii170dvaNmw io xim •� � It 111.:11'r� !.-:,--a--------- O " SI70dtl3NNIW dO J111J LLQ "tom r � PAI - �� -Al d1tlQ9NIfl80H � � �� '. • �7 I ��' �. f_ -', � '� I � - �F� T � . 1 11r1 �Otl- h ,__"" is- -RTIrl-:/ V _. nw"j��(7 iLL �11� I �`r }J7 — I : r! -ITS 1 �% t ..,L • S �,r- 1. � l r_-. l �= -. ...i...w _ i * err, i It -- �� +--t e - ' �r �7r - L_ Ai. �rx� X c. 5 YV���' I � � r I �' � `'1 I � tl_1_r_1. IY�L�� �1 i�+'Y #L � 1 1�lIl � p 1 r IIIL Yi -� J. 4144w� - , �•�/ F '� �.. tFi �,1'T'(�rl.. 1�'�l• �...""` i o` 67' IT ! --1 !Y_ 1�Lvk gy ."vm. r �-'1 J �CI.T - •�iF �' �'�! I7r7--r 1� :8 - e _��11 � I _r-41 ?� _ - 1 � \Q E ---mss-_ � CJ_ �tlasAaJdoAu,� - 1_ 1'7�\\\ $n 'Ti' f-- W CL gil 4-1 1 1 u F A t Lj p i ' RT t`'� y 1 � ■si• 7r m LA id F wr Trk _ o v �r Y" 1,: i �, *• a� 00 "07 o — s� Hl(lOWA1d d0 AlIJ A.LnOwA ntla SIn 01'.LS I =p 3 J dO A.LIJ C &W ORDINANCE NO. 635, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Rezoning Lot 2 of Tennant Companies PUD No. 114 (5808 Olson Memorial Highway) from Single Family (R-1) Residential to Medium Density (R-3) Residential Oppidan, Inc. (Transform Minnesota), Applicant The City Council for the City of Golden Valley hereby ordains as follows: Section 1. City Code Chapter 11 entitled “Land Use Regulations (Zoning)” is amended in Section 11.10, Subd. 2, by changing the zoning designation of certain tracts of land from Single Family (R-1) Residential to Medium Density (R-3) Residential. Section 2. The tracts of land affected by this ordinance are legally described as: Lot 2, Tennant Companies PUD No. 114 Section 3. City Code Chapter 1 entitled “General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation” and Section 11.99 entitled “Violation a Misdemeanor” are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 4. This ordinance shall take effect from and after its passage and publication as required by law. Adopted by the City Council this 1st day of May, 2018. /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 May 1, 2018 60 day deadline: November 21, 2017 60 day extension: January 20, 2018 2nd 60 day extension: March 21, 2018 3rd 60 day extension: May 20, 2018 Agenda Item 4. G. Public Hearing - Conditional Use Permit 159 - Lot 2 of Tennant Companies PUD No. 114 - Oppidan, Inc., Applicant Prepared By Jason Zimmerman, Planning Manager Summary Oppidan, Inc., on behalf of Tennant Companies and Transform Minnesota, is proposing to relocate a 24-hour Residential Facility for up to 30 individuals recently released from the correctional system or treatment centers. Proposal Transform Minnesota is a non-profit organization that currently operates the existing Damascus Way facility and would operate the newly located facility. Their existing facility is licensed to specialize in 24-hour care for those recently released from a correctional facilities or treatment centers. Another facility is also operating in Rochester, Minnesota (see www.damascusway.com for more details). The applicant is proposing to build a 2-story facility for up to 30 individuals. The facility would include shared kitchen and dining spaces, a group activity room, and office space for staff members. As a 24-hour care facility, one person is on staff at the building at all times. During regular business hours (8 am - 4:30 pm, Monday through Friday), there would typically be 3-5 staff members on site (program director, case manager, and on-duty support and reception staff). On a sporadic basis, an individual such as a parole officer or case manager may visit the facility to meet with a resident. The minimum parking requirement for this property is 6 parking spaces — 1 parking space required for every 5 beds in the facility with 30 total beds proposed. The site plan includes 15 parking spaces. Almost all residents at the existing facility utilize public transit, biking, and walking for their transportation needs. This site is easily accessible to bus routes (on Olson Memorial Highway, Douglas Drive, and Golden Valley Road), the Luce Line Regional Trail, and proposed new sidewalks and bicycle lanes on Zane Avenue. A building permit must be obtained prior to occupancy of the proposed building. All required licensures from the State of Minnesota and Hennepin County for the facility must be obtained prior to occupancy of the building and licensure must be properly secured at all times. Evaluation A neighborhood meeting was held on September 7, 2018. One person attended (the property owner of 5806 Olson Memorial Highway) and all aspects of the proposal were discussed and questions by the resident were answered. The Planning Commission reviewed the proposal on October 23, 2017, and recommended approval (4-0). Staff recommends approval of Conditional Use Permit 159 based on an evaluation of the ten factors outlined in the City Code: 1. Demonstrated Need for the Proposed Use: The use is a unique housing type in the City and there is demonstrated need for this type of facility. The applicant has indicated that there is more demand than capacity at the existing facility, which serves up to 18 individuals. The proposed facility would serve up to 30 individuals. 2. Consistency with the Comprehensive Plan: The proposed residential facility use is consistent with the General Land Use Plan Map and the Comprehensive Plan. The Housing Chapter of the Comprehensive Plan states that a variety of housing types and designs should be provided in order to allow for greater housing choices for Golden Valley residents. 3. Effect on Property Values: There is no evidence to support an argument that property values would be either positively or negatively affected by the presence of a residential facility in this location. Assessing staff anticipates that there will be no effect as long as the property is well maintained. 4. Effect on Traffic: The number of trips associated with the proposed use will not generate any negative traffic impacts to the surrounding areas. However, deliveries to the property should be made off-street whenever possible to mitigate short-term congestion. 5. Effect of Increases in Population and Density: The proposal will increase the population at the location as compared to the previous use. This is not expected to have a negative impact. 6. Increase in Noise Levels: This use is expected to generate the same level of noise as any medium density residential building occupied by residents. 7. Impact of Dust, Odor, or Vibration: The proposed use is not anticipated to cause an increase in dust, odor, or vibrations. 8. Impact of Pests: The proposed use is not anticipated to attract pests. 9. Visual Impact: The proposed building and parking area would have minimal visual impact and would be consistent with other properties in the area. 10. Other Impacts to the City and Residents: Staff does not anticipate any other negative effects of the proposed use. The use is expected to make a positive impact on new residents of the facility. These residents are re-entering the community after life-changing events and will receive 24- hour care. Staff recommends approval of Conditional Use Permit 159 subject to the following conditions: 1. The facility may serve up to 30 persons and must maintain required licensure from the State of Minnesota and Hennepin County at all times. 2. Site plans and building plans must meet all requirements in the Golden Valley City Code, including but not limited to building height and setbacks, building coverage, impervious surface, outdoor lighting, fencing, signage, and screening. Requirements must be met at all times and all final site and building plans must be approved prior to the issuance of a Building Permit and a Certificate of Occupancy. 3. A Conditional Use Permit Amendment application must be filed by the applicant if any significant changes are made to this proposal, or if any of the conditions of this approval can no longer be met, or if the City Manager or his/her designee identifies changes to the plan or building that impact the findings and recommendations made in this memorandum. 4. A sidewalk design acceptable to the City Manager or his/her designee must be included in final approved site plans and the applicant or property owner must construct the sidewalk. 5. Trash and recycling receptacles as well as rooftop equipment must be screened from view. 6. Execution of Conditional Use Permit 159 shall be contingent on the Metropolitan Council approving a change in land use from Industrial to Medium-High Density Residential. This approval is subject to all other state, federal, and local ordinances, regulations, or laws with authority over this development. Failure to comply with one of more of the above conditions shall be grounds for revocation of the CUP. Consistent with State statute, a certified copy of the CUP must be recorded with Hennepin County. Attachments • Location Map (1 page) • Narrative (1 page) • Memo to the Planning Commission, dated October 23, 2017 (4 pages) • Planning Commission Minutes dated October 23, 2017 (5 pages) • Preliminary Plat submitted March 23, 2018 (1 page) • Site Plan prepared by Rehder & Associates, Inc., and Aune Fernandez Landscape Architects, received on September 22, 2017 (1 page) • Architectural Plans prepared by Pope Architects and Oppidan, Inc., received on September 22, 2017 (3 pages) • Ordinance #636, Approval of Conditional Use Permit Number 159 Lot 2 of Tennant Companies PUD No. 114 (5808 Olson Memorial Highway) Oppidan, Inc. (Transform Minnesota), Applicant (2 pages) Recommended Action Motion to adopt Ordinance #636, Approval of Conditional Use Permit 159, Lot 2 of Tennant Companies PUD No. 114, for a Residential Facility for up to 30 individuals. 6186.:_.." ♦+6184, J fi187S,.F1 a n Nalb Buildinp6,78 6136• 6176)x,', • 4-kjlito.61 S2 '10617416172 61 � -6170 Z !13 6146'44 7017 `al Building o i Buildlnp'6112 6102 t6110�` L .. 100; - 701 6040] ;6070] • 6020; 6080, -690 621 0) Q 5804 v° 608A6092.`8.088 _ ` i'a 1 to 376t S 12 6090 Pi48 6100 sto � 3730 1k k • ,h j N Frontage Rd Olson M Subject Property: 6,23 5808 Olson Mem Hwy "! .. 373'5729 320 S21 . 555355 6115 5'.515 520 .511 343 .. 300 3101: Odd 50305 450 ..500 s �' 303 430 335 ORRIDAN 200 - '100 Vaier. Sarc Lik� Ex_;a,_-ior, t N! 55,331 � T; 952,294,03"1" F- 952,294,0151 www.oppidan.com TO: Jason Zimmerman- Head Planner-City of Golden Valley From: . Drew Johnson, Oppidan Date: September 27,2017 Re: Damascus Way Conditional Use Permit Narrative Damascus Way has been serving the community in its present location since 1977. They offer transitional housing for people who are recently released from the correctional system. Currently Damascus way can serve a maximum of 18 clients. Their building, built in 1945, is not in compliance with many current building and energy code. According to their directors and staff, demand for their services exceeds their capacity. In order to accommodate the Tennant Corporate Expansion, Damascus will need to be relocated. The Tennant project is blocked without it. Fortunately, within the"Tennant Block"there exists a location in the SW corner where a new building can be constructed that will allow Tennant to achieve their goals of creating a connected and walkable corporate campus with expansion ability, and accommodate Damascus. The new Damascus building, capable of serving up to 30 clients, will be a safer and more secure building designed with institutional safeguards that can best serve their clients. The use is consistent with the comprehensive plan of Golden Valley in as much that the use is compatible with the surrounding current and guided industrial zoning. The building is designed with a residential look of sloped, shingled roof and clapboard siding in order to better blend into the surrounding area. The proposed use will not cause increased negative factors such as noise, odors, vermin and traffic impacts will be negligible because most of the clients do not have cars and the lot will be parked to building code standards. All in all, we believe the CUP should be supported given Damascus Way is an existing use that is being relocated less than a '/4 of a mile. Taken into account the context of the surrounding uses,and the guiding land-use, Damascus Way is appropriate. vallev Physical Development Department 763-593-8095/763-593-8109(fax) Date: October 23, 2017 To: Golden Valley Planning Commission From: Emily Goellner, Associate Planner/Grant Writer Subject: Informal Public Hearing—Conditional Use Permit (CUP-159) to Allow for Damascus Way Residential Facility at Lot 3 of Tennant Companies PUD 114 Plat—Oppidan, Inc., Applicant Background An application for a Conditional Use Permit has been submitted by Oppidan, Inc., on behalf of Tennant Companies and Damascus Way/Transform Minnesota for the relocation of a 24-hour Residential Facility for up to 30 individuals recently released from the correctional system or treatment centers. The existing facility at 5730 Olson Memorial Highway, as well as the proposed facility, is licensed by the Minnesota Department of Corrections and meets the Zoning Code's definition of a Residential Facility. The facility is proposed to be located on the newly created Lot 3 within the proposed Tennant Companies PUD 114 Plat. This is in the approximate location of 5808 Olson Memorial Highway. This property is currently zoned for R-1 Single-Family Residential use and guided for Industrial use in the Comprehensive Plan. Tennant Companies purchased the single-family home on this property in 2006 in anticipation of their world headquarters expansion. This property was guided for Industrial use by the City of Golden Valley in the 2008 update to the Comprehensive Plan in an preparation for a future expansion of industrial and office uses in the area. A Zoning Map Amendment has been submitted to zone the property for R-3 Medium Density Residential use and a General Land Use Map Amendment has been submitted to guide the property for Medium-High Residential use in the Comprehensive Plan. The proposed Lot 3 of the Tennant PUD 114 Plat is 32,240 square feet in size. The property is currently bounded by office buildings to the east and west, by a single-family home to the north, and by Olson Memorial Highway to the south. Residential Facilities that provide 24-hour care are permitted in the R-3 Zoning District when serving 25 or fewer persons. If the Facility serves over 25 persons, the facility requires a Conditional Use Permit (CUP). Damascus Way has operated at 5730 Olson Memorial Highway since 1977, which is 200 feet to the east of the proposed facility. The existing facility is proposed to be demolished with the expansion of Tennant's World Headquarters within PUD 114. Summary of Proposal Transform Minnesota is a non-profit organization that currently operates the existing facility and would operate the newly located facility. Their existing facility is licensed to specialize in 24-hour care for those recently released from a correctional facilities or treatment centers. Another facility is also operating in Rochester, Minnesota (see www.damascusway.com for more details). The applicant is proposing to build a 2-story facility for up to 30 individuals. The facility would include shared kitchen and dining spaces, a group activity room, and office space for staff members. As a 24-hour care facility, one person is on staff at the building at all times. During regular business hours (8 am - 4:30 pm, Monday through Friday), there would typically be 3-5 staff members on site (program director, case manager, and on-duty support and reception staff). On a sporadic basis, an individual such as a parole officer or case manager may visit the facility to meet with a resident. The minimum parking requirement for this property is 6 parking spaces. There is 1 parking space required for every 5 beds in the facility (with 30 total beds proposed). The site plan includes 15 parking spaces. Almost all residents at the existing facility utilize public transit, biking, and walking for their transportation needs. This site is easily accessible to bus routes (on Olson Memorial Highway, Douglas Drive, and Golden Valley Road), the Luce Line Regional Trail, and proposed new sidewalks and bicycle lanes on Zane Avenue. A building permit must be obtained prior to occupancy of the proposed building. All required licensures from the State of Minnesota and Hennepin County for the facility must be obtained prior to occupancy of the building and licensure must be properly secured at all times. Neighborhood Meeting Notices were sent to property owners within 500 feet of the site and a neighborhood meeting was held on September 7 to discuss the Tennant PUD project. One person attended (the property owner of 5806 Olson Memorial Highway) and all aspects of the proposal were discussed and questions by the resident were answered. Evaluation The findings and recommendations for a Conditional Use Permit are based upon any or all of the following factors: 1. Demonstrated Need for the Proposed Use:This facility is a unique housing type in the City and there is demonstrated need for this type of facility. The applicant has indicated that there is more demand than capacity at the existing facility, which serves up to 18 individuals. The proposed facility would serve up to 30 individuals. 2. Consistency with the Comprehensive Plan:The proposed residential facility use is consistent with the General Land Use Plan Map and the Comprehensive Plan. The Housing Chapter of the Comprehensive Plan states that a variety of housing types and designs should be provided in order to allow for greater housing choices for Golden Valley residents. 3. Effect on Property Values: There is no evidence to support an argument that property values would be either positively or negatively affected by the presence of a residential facility in this location. Assessing staff anticipates that there will be no effect as long as the property is well maintained. 4. Effect on Traffic: The number of trips associated with the proposed use will not generate any negative traffic impacts to the surrounding areas. However, deliveries to the property should be made off-street whenever possible to mitigate short-term congestion. 5. Effect of Increases in Population and Density: The proposal will increase the population at the location as compared to the previous use. This is not expected to have a negative impact. 6. Increase in Noise Levels: This use is expected to generate the same level of noise as any medium density residential building occupied by residents. 7. Impact of Dust, Odor, or Vibration: The proposed use is not anticipated to cause an increase in dust, odor, or vibrations. 8. Impact of Pests: The proposed use is not anticipated to attract pests. 9. Visual Impact: The proposed building and parking area would have minimal visual impact and would be consistent with other properties in the area. 10. Other Impacts to the City and Residents: Staff does not anticipate any other negative effects of the proposed use. The use is expected to make a positive impact on new residents of the facility. These residents are re-entering the community after life-changing events and will receive 24-hour care. Recommended Action Staff recommends approval of Conditional Use Permit 159 allowing for a Residential Facility serving up to 30 persons at the proposed Lot 3 of the Tennant Companies PUD 114 Plat. The approval of a Conditional Use Permit is subject to the following conditions: 1. The facility may serve up to 30 persons and must maintain required licensure from the State of Minnesota and Hennepin County at all times. 2. Site plans and building plans must meet all requirements in the Golden Valley City Code, including but not limited to building height and setbacks, building coverage, impervious surface, outdoor lighting, fencing, signage, and screening. Requirements must be met at all times and all final site and building plans must be approved prior to the issuance of a Building Permit and a Certificate of Occupancy. 3. A Conditional Use Permit Amendment application must be filed by the applicant if any significant changes are made to this proposal, or if any of the conditions of this approval can no longer be met, or if the City Manager or his/her designee identifies changes to the plan or building that impact the findings and recommendations made in this memorandum. 4. A sidewalk design acceptable to the City Manager or his/her designee must be included in final approved site plans and the applicant or property owner must construct the sidewalk. 5. Trash and recycling receptacles as well as rooftop equipment must be screened from view. 6. This approval is subject to all other state, federal, and local ordinances, regulations, or laws with authority over this development. Attachments Location Map (1 page) Applicant's Narrative (1 page) Preliminary Plat—Tennant Companies PUD 114 Plat (1 page) Site Plan prepared by Rehder & Associates, Inc. and Aune Fernandez Landscape Architects, received on September 22, 2017 (1 page) Architectural Plans prepared by Pope Architects and Oppidan, received on September 22, 2017 (3 pages) Minutes of the Golden Valley Planning Commission October 23, 2017 Page 10 17. A park dedication fee of 6% of t estimated land v be paid before release of Plat. 18. An addition endment hall b itted to and approved by the City prior to any additional phase o n Outlot A. 19. All signage must meet the r f the City's Sign Code. 20. This approval is subje . all of ' r state, and local ordinances, regulations, M or laws with auth ' over this velopment. MOVED b nker, seconded Joh son and motion carried unanimously to recommend appro f rezoning the propertie ithin Tennant Companies PUD #114 from various z g districts to Industrial 4. Informal Public Hearing — General Land Use Plan Map Amendment— Damascus Way — 5808 Olson Memorial Highway — CPAM-67 Applicant: Oppidan, Inc. Address: 5508 Olson Memorial Highway Purpose: To change the designation on the General Land Use Plan Map from Industrial to Medium-High Density 5. Informal Public Hearing — Property Rezoning — 5808 Olson Memorial Highway — Damascus Way — Z012-23 Applicant: Oppidan, Inc. Address: 5808 Olson Memorial Highway Purpose: To rezone the property from R-1 Single Family Residential to R-3 Medium Density Residential 6. Informal Public Hearing — Conditional Use Permit— 5808 Olson Memorial Highway — Damascus Way — CU-159 Applicant: Oppidan, Inc. Address: 5808 Olson Memorial Highway Purpose: To allow for a Residential Facility serving up to 30 clients The Informal Public Hearings and discussion for Items 4, 5 and 6 were combined. Goellner referred to a site plan and explained the applicant's request to move the existing Damascus Way facility to a new location approximately 200 feet to the west. She stated that the existing Damascus Way facility has been at the same location since 1977. Currently, the 2030 Comp Plan guides both the existing property and the new property Industrial and the Minutes of the Golden Valley Planning Commission October 23, 2017 Page 11 zoning designations on the existing properties are Institutional and R-1 Single Family Residential. The proposed new Comp Plan designation for the existing property is Industrial and for the new location Medium-High Density. The proposed zoning designation for the existing property is Industrial and for the new property it is R-3 Medium Density Residential. Goellner discussed the site characteristics of the proposed new location and stated that the property will be 32,240 square feet in size and will be accessible from Olson Memorial Highway. The new location is also near the proposed Zane Avenue bike lanes and sidewalks, the Luce Line trail, and bus routes on Highway 55, Douglas Drive, and Golden Valley Road. Goellner explained that the existing location doesn't have a Conditional Use Permit because one wasn't required by Code when Damascus Way first opened. She stated that the new facility requires a Conditional Use Permit to operate a 24-hour residential facility serving up to 30 individuals. Goellner explained that the facility will be licensed by Hennepin County and the State of Minnesota and will have a shared kitchen and dining facilities, a group activity room, and offices for staff. There will be one employee on site at all times and three to five employees on site during regular business hours. Goellner stated that the Zoning Code requires six parking spaces and that the applicant is proposing to have 15 parking spaces. Goellner referred to the comment regarding sex offenders and noted that the police and the courts don't have authority to decide where an offender can live but they do have to register their home address. She added that Damascus Way doesn't focus on this type of clientele, but rather on individuals who have been released from corrections in general. Goellner stated that staff is recommending approval of the Conditional Use Permit. Staff is also recommending approval of amending the General Land Use Plan Map to guide the new property Medium-High Density Residential use and rezoning the property to Medium Density. Baker asked if there have been any complaints about the existing Damascus Way facility. Goellner said no. Blenker asked if a Conditional Use Permit would be required if the facility moved but retained the same number of clients. Goellner said a Conditional Use Permit is required only if this facility is serving more than 25 individuals on a property zoned R-3. Baker asked how the size of this facility compares with other similar facilities elsewhere in the state. Goellner said she doesn't know how it compares to others in the state but that there are other residential facilities in Golden Valley that are larger than this. Craig Fruen, Executive Director, Damascus Way, stated that they are the smallest facility of this type in the Twin Cities area. Baker asked about the proportion of level three sex offenders. Fruen stated that a level three sex offender lived at their facility for approximately nine months in 2013 and that he Minutes of the Golden Valley Planning Commission October 23, 2017 Page 12 doesn't live there anymore. He stated that their facility no longer accepts level three sex offenders. Johnson referred to the staff report where it states that the new Damascus Way building will be a safer and more secure building designed with institutional safeguards and asked what that means. Carl Nelson, President of Damascus Way, stated that their facility is staffed 24 hours a day, seven days a week and that the building has video monitoring and alarms. He stated that part of the programming is accountability and that they know when residents are on site and their activities. He explained that a resident's transition plan includes obtaining a job and locating his next housing. Fruen added that Damascus Way is a halfway house and is designed to be a buffer to the community and to help keep the community safe by providing the residents a place to live. Blenker asked about the typical amount of time someone stays at the facility. Fruen said 2 to 8 months depending on the client. Baker opened the public hearing. Seeing and hearing no one wishing to comment, Baker closed the public hearing. Blenker questioned if changing the Comp Plan designation and zoning would be considered if this facility weren't already there. She noted that if Damascus Way wasn't located where it is the City would probably zone the property Industrial. She asked about the implications of rezoning the property to R-3 Residential. Goellner stated that this is a unique situation and circumstance and that the proximity of the existing facility is a big factor in this case. Blenker asked if the use would be allowed in the Industrial Zoning District. Goellner said no. Waldhauser stated that keeping this facility in this area has a stronger case than a new and different facility coming into an industrial area. Blenker stated that society produces these types of individuals and that there has to be a way to help people get back into society and this seems like a non-threatening way to do that. Baker agreed and stated that by encouraging this facility in this location the City is doing its part to help these individuals. MOVED by Blenker, seconded by Johnson and motion carried unanimously to recommend approval of changing the designation of 5808 Olson Memorial Highway on the General Land Use Map from Industrial to Medium-High Residential. MOVED by Blenker, seconded by Waldhauser and motion carried unanimously to recommend approval of rezoning the property at 5808 Olson Memorial Highway from R-1 Single Family Residential to R-3 Medium Density Residential. MOVED by Blenker, seconded by Waldhauser and motion carried unanimously to recommend approval of Conditional Use Permit #159 subject to the following findings and conditions: Minutes of the Golden Valley Planning Commission October 23, 2017 Page 13 Findings: 1. This facility is a unique housing type in the City and there is demonstrated need for this type of facility. The applicant has indicated that there is more demand than capacity at the existing facility, which serves up to 18 individuals. The proposed facility would serve up to 30 individuals. 2. The proposed residential facility use is consistent with the General Land Use Plan Map and the Comprehensive Plan. The Housing Chapter of the Comprehensive Plan states that a variety of housing types and designs should be provided in order to allow for greater housing choices for Golden Valley residents. 3. There is no evidence to support an argument that property values would be either positively or negatively affected by the presence of a residential facility in this location. Assessing staff anticipates that there will be no effect as long as the property is well maintained. 4. The number of trips associated with the proposed use will not generate any negative traffic impacts to the surrounding areas. However, deliveries to the property should be made off-street whenever possible to mitigate short-term congestion. 5. The proposal will increase the population at the location as compared to the previous use. This is not expected to have a negative impact. 6. This use is expected to generate the same level of noise as any medium density residential building occupied by residents. 7. The proposed use is not anticipated to cause an increase in dust, odor, or vibrations. 8. The proposed use is not anticipated to attract pests. 9. The proposed building and parking area would have minimal visual impact and would be consistent with other properties in the area. 10. Staff does not anticipate any other negative effects of the proposed use. The use is expected to make a positive impact on new residents of the facility. These residents are re-entering the community after life-changing events and will receive 24-hour ca re. Conditions- 1 . onditions:1 . The facility may serve up to 30 persons and must maintain required licensure from the State of Minnesota and Hennepin County at all times. 2. Site plans and building plans must meet all requirements in the Golden Valley City Code, including but not limited to building height and setbacks, building coverage, impervious surface, outdoor lighting, fencing, signage, and screening. Requirements must be met at all times and all final site and building plans must be approved prior to the issuance of a Building Permit and a Certificate of Occupancy. 3. A Conditional Use Permit Amendment application must be filed by the applicant if any significant changes are made to this proposal, or if any of the conditions of this approval can no longer be met, or if the City Manager or his/her designee identifies changes to the plan or building that impact the findings and recommendations made in this memorandum. 4. A sidewalk design acceptable to the City Manager or his/her designee must be included in final approved site plans and the applicant or property owner must construct the sidewalk. 5. Trash and recycling receptacles as well as rooftop equipment must be screened from view. Minutes of the Golden Valley Planning Commission October 23, 2017 Page 14 6. This approval is subject to all other state, federal, and local ordinances, regulations, or laws with authority over this development. Informal Public Hearing — Gene I Land Use Plan Map Amendment— Corporate Woods — PUD #22 — 1111 Doug s Drive — CPAM-64 pplicant: Oppidan, Inc. A ress: 1111 Douglas Dri Purp e: To change the de gnation on the General Land U, 'Plan Map from Commercial-Offi to Mixed Use Zimmerman ref ed to a site plan an explained that upon co - etion of the Tennant World Headquart this property will e vacated. The prope is surrounded by higher density residential, ice, and industri I uses along with si e family residential north of Golden Valley Road. Zimmerman referred to t Douglas *ve Corridor dy and stated that it calls for Mixed Use nodes along Douglas . 've as re velopmen ccurs, and the draft 2040 Com �m ov anticipates mixed use so sta reco endin '� p guiding this property fr. 411— ial- Office to Mixed Use. He adde at th prop also needs to o1fif0ed now in order to be in conformance with the pr' os TIF Ian. Zimmerman explained that the pro urrently zoned Business and Professional Offices and that would nee ed in the future to be consistent with the new land use. Also, the g PUD w I ed to be rescinded once Tennant has vacated the site. Ba sked if this proposal uld c '-strain w t is done with the Optum site and stioned combining this e and tl Optum s . Zimmerman said it shouldn't conflict with the Optum site. Waldhauser asked TIF on this Joe' affects the oto Tennant site. Zimmerman stated that the increase i alue on both sits will be utilized i e TIF plan. Blenker asked ow changing the lana,use impacts the curr t PUD. Zimmerman said it doesn't hav n impact yet, it is takir steps toward when th ite is vacated and guiding the land u plan toward mixed use. (T. Johnso questioned why the proposA is to reguide the property to' ' ixed Use because the T plan says the property will be ised for multi-family residentia : evelopment. Zim erman said some multi-family ridential development is anticip d along with of r uses. +, h aker opened the public hearing. 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I N n U. o �� co— N ry ^< Qwz 0OZQ� p U)o N Lu LUUJ } aQi"$ Q v ::, C) WaaV j a m 0 ' (D uJ lj� to M 5 i� - - 0 Q a I I I I I I 1 I I I I I , I I I I I � I I I I I I I I I I I I I I I I I � I I I I � I I , I I I r7 I I I I f I I I I I I I II I I II I I II I I II I I II I I II I I II II I I II I I II I I II I I II ¢ I I 11 I I II I I II Z �� j I Z LU w I J _ J I W I W O l CD 0 � m m 4 WEI a < II I I II � II I I I I li i I I I I I I - I I Z Z O i O — F— W i_ i W LU I I W z J i J co y m 4 k Vo �< Y� N Z � L L _ S ui c 1. ._ C I (1 x ' 7 � LM a e�7 N A � t ^ 1 1� a: a { i YY t_ I V1 i o � N ° LD Ln W VI N y4{ W LLIO Wx � a z zo~co zx W Q a z , o oow c� o � m Wo m z a 00 w Q Z Y 0 m 0 0 > �?� ? y �T. • Jcmu 0Z � izN Q ~ � m Q � J Q � �.Y, xaLLo } � O ZOO ZOO \ W z Qla7 � > uU > vw > uw ORDINANCE NO. 636, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Approval of Conditional Use Permit Number 159 Lot 2 of Tennant Companies PUD No. 114 (5808 Olson Memorial Highway) Oppidan, Inc. (Transform Minnesota), Applicant The City Council for the City of Golden Valley hereby ordains as follows: Section 1. City Code Chapter 11 entitled “Land Use Regulations (Zoning)” is amended in Section 11.10, Subd. 2, and Section 11.47, by approving a Conditional Use Permit for a certain tract of land at Lot 2 of Tennant Companies PUD No. 114 (5808 Olson Memorial Highway), thereby allowing for a Residential Facility for up to 30 individuals in the Medium Density (R-3) Residential Zoning District. This Conditional Use Permit is approved based on the findings of the Planning Commission pursuant to City Code Section 11.80, Subd. 2(G), which findings are hereby adopted and incorporated herein as follows: 1. The use is a unique housing type in the City and there is demonstrated need for this type of facility. The applicant has indicated that there is more demand than capacity at the existing facility, which serves up to 18 individuals. The proposed facility would serve up to 30 individuals. 2. The proposed residential facility use is consistent with the General Land Use Plan Map and the Comprehensive Plan. The Housing Chapter of the Comprehensive Plan states that a variety of housing types and designs should be provided in order to allow for greater housing choices for Golden Valley residents. 3. There is no evidence to support an argument that property values would be either positively or negatively affected by the presence of a residential facility in this location. Assessing staff anticipates that there will be no effect as long as the property is well maintained. 4. The number of trips associated with the proposed use will not generate any negative traffic impacts to the surrounding areas. However, deliveries to the property should be made off-street whenever possible to mitigate short-term congestion. 5. The proposal will increase the population at the location as compared to the previous use. This is not expected to have a negative impact. 6. This use is expected to generate the same level of noise as any medium density residential building occupied by residents. 7. The proposed use is not anticipated to cause an increase in dust, odor, or vibrations. 8. The proposed use is not anticipated to attract pests. 9. The proposed building and parking area would have minimal visual impact and would be consistent with other properties in the area. 10. Staff does not anticipate any other negative effects of the proposed use. The use is expected to make a positive impact on new residents of the facility. These residents are re-entering the community after life-changing events and will receive 24-hour care. This Conditional Use Permit is subject to all of the terms of the permit to be issued including, but not limited to the following specific conditions: 1. The facility may serve up to 30 persons and must maintain required licensure from the State of Minnesota and Hennepin County at all times. Ordinance No. 636 -2- May 1, 2018 2. Site plans and building plans must meet all requirements in the Golden Valley City Code, including but not limited to building height and setbacks, building coverage, impervious surface, outdoor lighting, fencing, signage, and screening. Requirements must be met at all times and all final site and building plans must be approved prior to the issuance of a Building Permit and a Certificate of Occupancy. 3. A Conditional Use Permit Amendment application must be filed by the applicant if any significant changes are made to this proposal, or if any of the conditions of this approval can no longer be met, or if the City Manager or his/her designee identifies changes to the plan or building that impact the findings and recommendations made in this memorandum. 4. A sidewalk design acceptable to the City Manager or his/her designee must be included in final approved site plans and the applicant or property owner must construct the sidewalk. 5. Trash and recycling receptacles as well as rooftop equipment must be screened from view. 6. Execution of Conditional Use Permit 159 shall be contingent on the Metropolitan Council approving a change in land use from Industrial to Medium-High Density Residential. Section 2. The tract of land affected by this ordinance is legally described as follows: Lot 2, Tennant Companies PUD No. 114 Section 3. City Code Chapter 1 entitled “General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation” and Sec. 11.99 entitled “Violation a Misdemeanor” are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 4. This ordinance shall take effect from and after its passage and publication as required by law. Adopted by the City Council this 1st day of May, 2018. /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 May 1, 2018 120 day deadline: May 26, 2018 Agenda Item 4. H. Public Hearing - Preliminary Plat Approval - Marie Estates - 7040 Glenwood Avenue Prepared By Jason Zimmerman, Planning Manager Summary This item was considered and action was postponed at the City Council meeting on April 17, 2018. Following the meeting, the applicant withdrew the proposal. Recommended Action No action is necessary. Executive Summary For Action Golden Valley City Council Meeting May 1, 2018 Agenda Item 6. A. Award 2018 Trunk Highway 100 Pedestrian Bridge Maintenance Project No. 17-21 Prepared By Jeff Oliver, PE, City Engineer R.J. Kakach, PE, Assistant City Engineer Summary At the December 19, 2017, City Council Meeting, two agreements were approved for the Trunk Highway 100 (TH 100) Pedestrian Bridge Maintenance Project. The first agreement was a Joint Powers Agreement with the City of Crystal which detailed that each City would be responsible for 50 percent of the repairs associated with this project. The second agreement was with Short Elliott Hendrickson, Inc. (SEH) for professional services to develop plans and specifications for the project. The scope of the project includes railing repainting, joint and crack sealing, and miscellaneous drainage work. Staff solicited bids for the Trunk Highway 100 Pedestrian Bridge Maintenance Project No. 17-21. Bids were opened April 19, 2018. The following bids were received. PCiRoads $206,191.00 Global Specialty Contractors $238,951.00 S.M. Hentges & Sons, Inc. $264,395.00 L.S. Black Constructors $280,211.80 Staff has reviewed the bids and found them to be accurate and in order. Three Rivers Park District has agreed to take over ownership and maintenance of the bridge from Golden Valley and Crystal, as the bridge carries the Bassett Creek Regional Trail over TH 100. An agreement with Three Rivers Park District will be forthcoming in 2018 for ownership and maintenance. Costs and funding for this project are shown below. Project Costs Professional Services $ 21,400 Bridge Repairs $206,191 Total Cost $227,591 Project Funding Funding for this project is included in the 2018 Capital Improvement Program (S-014, page 105) in the amount of $200,000, half of which is included from the City of Crystal. Funding to cover the additional costs associated with this project is included in the 2018 Capital Improvement Program (S-017, page 105) in the amount of $125,000. In total, each City will be funding $113,795.50, or one half of the project costs. Recommended Action Motion to award bid and enter into a contract for the 2018 Trunk Highway 100 Pedestrian Bridge Maintenance Project No. 17-21 to the lowest responsible bidder, PCiRoads in the amount of $206,191. Executive Summary For Action Golden Valley City Council Meeting May 1, 2018 Agenda Item 6. B. Authorize Agreement for a Traffic Control Signal with the Minnesota Department of Transportation Prepared By Jeff Oliver PE, City Engineer Summary The Minnesota Department of Transportation (MnDOT) will be replacing the existing traffic signal at the intersection of Trunk Highway 55 and Meadow Lane North. The new traffic signal will include emergency vehicle preemption (EVP), accessible pedestrian signals (APS), and flashing yellow arrows (FYA). MnDOT is requiring that the City enter into a Traffic Control Signal Agreement that will outline City and State maintenance responsibilities and cost participation for this signal. The City will be responsible for the electric service costs and minor maintenance of the signal. The minor maintenance requirements include relamping of the LED intersection lighting, relamping of the signal head bulbs, and cleaning and maintenance of the signal cabinet, poles and mast arms. These are all responsibilities that the City currently has for the existing signal at this location. As outlined in the agreement, the City will be responsible for costs for each of its streets that are controlled by the traffic signal. Therefore, the City is responsible for costs for the north and south legs of Meadow Lane North or 50% of the signal replacement costs. The estimated cost responsibility for Golden Valley is $226,362.88, which will be funded from the City’s Municipal State Aid Construction Fund. This project was on a provisional list and staff received formal notification in late 2017 that the traffic signal would be constructed in 2018. This notification was received after the City’s Capital Improvement Program (CIP) was finalized; therefore, this project was not in the 2018-2022 CIP. Attachments • Letter to the City Engineer dated February 27, 2018 from the Minnesota Department of Transportation (2 pages) • State of Minnesota Department of Transportation and City of Golden Valley Traffic Control Signal Agreement (8 pages) • Resolution Authorizing Entering into a Traffic Control Signal Agreement with the Minnesota Department of Transportation for replacement of the traffic signal at Trunk Highway 55 and Meadow Lane North (1 page) Recommended Action Motion to adopt a Resolution to enter into a Traffic Control Signal Agreement with the Minnesota Department of Transportation for traffic signal replacement at the intersection of Trunk Highway 55 and Meadow Lane North. An Equal Opportunity Employer Page 1 of 2 Metropolitan District Traffic Engineering Phone #: (651) 234-7877 Waters Edge Building, 2nd Floor South Fax #: (651) 234-7850 1500 West County Road B-2 Roseville, Minnesota 55113-3105 Date: February 27, 2018 To: Jeff Oliver City of Golden Valley 7800 Golden Valley Road Golden Valley, MN 55427 From: Greg Kern Subject: Trunk Highway No. 55 at Meadow Lane S.P. 2752-40 (T.H. 55 = 188) Traffic Control Signal Agreement Agreement No. 1030406 Dear Mr. Oliver, Attached please find a proposed signal agreement with the City of Golden Valley. This agreement provides for cost, power, operation, and maintenance responsibilities for the new Traffic Control Signal and Emergency Vehicle Pre-emption System on the Trunk Highway No. 55 signal system at Meadow Lane in the City of Golden Valley, Hennepin County, Minnesota. Please present this agreement to your City Council for approval and execution, which includes original wet-signed signatures of the City Council authorized officers on three single-sided copies of the agreement. Also required are three (3) wet-signed original copies of a resolution passed by the City Council authorizing its officers to sign the agreement on its behalf. A suggested form of this resolution is attached to the agreement. It is requested that the executed agreements and resolutions (three originals of each) be forwarded to me as soon as possible. A copy will be returned to the City when fully executed. If you have any questions, please call me. Respectfully, Greg Kern Metropolitan District Traffic Engineering An Equal Opportunity Employer Page 2 of 2 CC: April Crockett, WE* Brian Vitek, WE* Cindy Krumseig, WE* Dana Myers, CO* Mike Gerbensky, WE* Mike Fairbanks, WE* Linda Heath, MESU* James Deans, CESU* * = Electronic Copy MnDOT Contract No: 1030406 -1- Receivable 2 Party Signal (Municipal Agreements) STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION And CITY OF GOLDEN VALLEY TRAFFIC CONTROL SIGNAL AGREEMENT State Project Number (S.P.): 2752-40 Total City Obligation Trunk Highway Number (T.H.): 55=188 $226,362.88 State Aid Project (S.A.P.): 128-392-002 Signal System ID: 2022490 (Formerly 20868) This Agreement is between the State of Minnesota, acting through its Commissioner of Transportation ("State") and City of Golden Valley acting through its City Council ("City"). Recitals 1. The State will remove the existing Traffic Control Signal and install new Traffic Control Signal with Signal Pole Mounted Luminaires and Signing ("Signal System"), on Trunk Highway No. 55 at Meadow Lane in the City of Golden Valley, Hennepin County, Minnesota, according to State-prepared plans, specifications and special provisions designated by the State as State Aid Project No. 128-392-002 and State Project No. 2752-40 (T.H. 55=188) ("Project"); and 2. The State will install Emergency Vehicle Pre-emption System ("EVP System") and Accessible Pedestrian Signals ("APS") as part of the new Signal System; and 3. The State will furnish a Type "R" Cabinet and Controller ("State Furnished Materials"), according to the Project Plans, to operate the Signal System covered under this Agreement; and 4. The City wishes to participate in the costs of the Signal System, APS, EVP System, State Furnished Materials lump sum based on bid amounts and associated construction engineering; and 5. The City and the State will participate in the power, operation and maintenance of the new Signal System, APS, EVP System and existing Interconnect, and 6. The project will include pulling back and reinstalling the existing Interconnect; and 7. Minnesota Statutes § 161.20, subdivision 2 authorizes the Commissioner of Transportation to make arrangements with and cooperate with any governmental authority for the purposes of constructing, maintaining and improving the trunk highway system. Agreement 1. Term of Agreement; Survival of Terms; Plans 1.1. Effective Date. This Agreement will be effective on the date the State obtains all signatures required by Minnesota Statutes § 16C.05, subdivision 2. 1.2. Expiration Date. This Agreement will expire when all obligations have been satisfactorily fulfilled. 1.3. Survival of Terms. All clauses which impose obligations continuing in their nature and which must survive in order to give effect to their meaning will survive the expiration or termination of this Agreement, including, without limitation, the following clauses: 8. Liability; Worker Compensation Claims; 10. State Audits; 11. Government Data Practices; 12. Governing Law; Jurisdiction; Venue; and 14. Force Majeure. The terms and conditions set forth in Article 3. Signal System and EVP System Operation and Maintenance will survive the expiration of this Agreement, but may be terminated by another agreement between the parties. MnDOT Contract No: 1030406 -2- Receivable 2 Party Signal (Municipal Agreements) 1.4. Plans, Specifications, Special Provisions. Plans, specifications and special provisions designated by the State as State Aid Project No. 128-392-002 and State Project No. 2752-40 (T.H. 55=188) are on file in the office of the Commissioner of Transportation at St. Paul, Minnesota, and incorporated into this Agreement by reference. ("Project Plans") 1.5. Exhibits. Preliminary Schedule "I" is on file in the office of the City Engineer and incorporated into this Agreement by reference. 2. Construction by the State 2.1. Contract Award. The State will advertise for bids and award a construction contract to the lowest responsible bidder according to the Project Plans. 2.2. Direction, Supervision and Inspection of Construction. The State will direct and supervise all construction activities performed under the construction contract, and perform all construction engineering and inspection functions in connection with the contract construction. All contract construction will be performed according to the Project Plans. 2.3. Plan Changes, Additional Construction, Etc. A. The State will make changes in the Project Plans and contract construction, which may include the City participation construction covered under this Agreement, and will enter into any necessary addenda and change orders with the State's contractor that are necessary to cause the contract construction to be performed and completed in a satisfactory manner. The State District Engineer's authorized representative will inform the appropriate City official of any proposed addenda and change orders to the construction contract that will affect the City participation construction covered under this Agreement. B. The City may request additional work or changes to the work in the plans as part of the construction contract. Such request will be made by an exchange of letter with the State. If the State determines that the requested additional work or plan changes are necessary or desirable and can be accommodated without undue disruption to the Project, the State will cause the additional work or plan changes to be made. 2.4. Satisfactory Completion of Contract. The State will perform all other acts and functions necessary to cause the construction contract to be completed in a satisfactory manner. 3. Signal System and EVP System Operation and Maintenance Operation and maintenance responsibilities will be as follows for the Signal System, EVP System and existing Interconnect on T.H. 55 at Meadow Lane. 3.1. City Responsibilities. A. Power. The City will be responsible for the hook-up cost and application to secure an adequate power supply to the service pad or pole and will pay all monthly electrical service expenses necessary to operate the Signal System, EVP System, and Interconnect. B. Minor Signal System Maintenance. The City will provide for the following, without cost to the State. i. Maintain the signal pole mounted LED luminaires, including replacing the luminaires when necessary. The LED luminaire must be replaced when it fails or when light levels drop below recommended AASHTO levels for the installation. ii. Replace the Signal System LED indications. Replacing LED indications consists of replacing each LED indication when it reaches end of life per the MnDOT Traffic Engineering Manual or fails or no longer meets Institute of Traffic Engineers (ITE) standards for light output. iii. Clean the Signal System controller cabinet and service cabinet exteriors. iv. Clean the Signal System and luminaire mast arm extensions. MnDOT Contract No: 1030406 -3- Receivable 2 Party Signal (Municipal Agreements) 3.2. State Responsibilities. A. Interconnect; Timing; Other Maintenance. The State will maintain the Interconnect and signing, and perform all other Signal System, APS, and signal pole luminaire circuit maintenance without cost to the City. All Signal System timing will be determined by the State, and no changes will be made without the State's approval. B. EVP System Operation. The EVP System will be installed, operated, maintained, and removed according to the following conditions and requirements: i. All maintenance of the EVP System must be done by State forces. ii. Emitter units may be installed only on authorized emergency vehicles, as defined in Minnesota Statutes § 169.011, Subdivision 3. Authorized emergency vehicles may use emitter units only when responding to an emergency. The City will provide the State's District Engineer or their designated representative a list of all vehicles with emitter units, if requested by the State. iii. Malfunction of the EVP System must be reported to the State immediately. iv. In the event the EVP System or its components are, in the opinion of the State, being misused or the conditions set forth in Paragraph ii. above are violated, and such misuse or violation continues after the City receives written notice from the State, the State may remove the EVP System. Upon removal of the EVP System pursuant to this Paragraph, all of its parts and components become the property of the State. v. All timing of the EVP System will be determined by the State. 3.3. Right-of-Way Access. Each party authorizes the other party to enter upon their respective public right-of-way to perform the maintenance activities described in this Agreement. 3.4. Related Agreements. This Agreement will supersede and terminate Agreement No. 74161, dated January 31, 1996 between the parties, for the intersection of T.H. 55 at Meadow Lane. 4. Basis of City Cost 4.1. Schedule "I". The Preliminary Schedule "I" includes all anticipated City participation construction items, State Furnished Materials lump sum amounts and the construction engineering cost share covered under this Agreement, and is based on engineer's estimated unit prices. 4.2. City Participation Construction. The City will participate in the following at the percentages indicated: A. 50 Percent will be the City's rate of cost participation for the ADA items on T.H. 55 at Meadow Lane. B. 50 Percent will be the City's rate of cost participation for the Signal System, APS, EVP System and State Furnished Materials on T.H. 55 at Meadow Lane. 4.3. Construction Engineering Costs. The City will pay a construction engineering charge equal to 8 percent of the total City participation construction covered under this Agreement. 4.4. Plan Changes, Additional Construction, Etc. The City will share in the costs of construction contract addenda that are necessary for the City participation construction covered under this Agreement, including any City requested additional work and plan changes. The State reserves the right to invoice the City for the cost of any additional City requested work and plan changes, construction contract addenda and change orders, and associated construction engineering before the completion of the contract construction. 5. City Cost and Payment by the City 5.1. City Cost. $226,362.88 is the City's estimated share of the costs of the contract construction, State Furnished Materials and the 8 percent construction engineering cost share as shown in the Preliminary Schedule "I". MnDOT Contract No: 1030406 -4- Receivable 2 Party Signal (Municipal Agreements) The Preliminary Schedule "I" was prepared using estimated quantities and unit prices, and may include any credits or lump sum costs. Upon award of the construction contract, the State will prepare a Revised Schedule "I" based on construction contract unit prices, which will replace and supersede the Preliminary Schedule "I" as part of this Agreement. 5.2. Conditions of Payment. The City will pay the State the full and complete lump sum amount as shown in the Revised Schedule "I", after the following conditions have been met: A. Execution of this Agreement and transmittal to the City, including a copy of the Revised Schedule "I". B. The City's receipt of a written request from the State for the advancement of funds. 5.3. Acceptance of the City's Cost and Completed Construction. The computation by the State of the amount due from the City will be final, binding and conclusive. Acceptance by the State of the completed contract construction will be final, binding and conclusive upon the City as to the satisfactory completion of the contract construction. 5.4. Final Payment, Additional City Requested Work. Upon completion of all contract construction and upon computation of the final amount due the State's contractor, and only if additional work has been requested under Article 2.3.B of this Agreement, the State will prepare a Final Schedule "I" and submit a copy to the City. The Final Schedule "I" will be based on final quantities of any additional City requested participation construction items and the construction engineering cost share due to additional requested work. The computation by the State of the amount due from the City will be final, binding and conclusive. 6. Authorized Representatives Each party's Authorized Representative is responsible for administering this Agreement and is authorized to give and receive any notice or demand required or permitted by this Agreement. 6.1. The State's Authorized Representative will be: Name/Title: Greg Kern, MnDOT Metropolitan District Traffic Engineering (or successor) Address: 1500 County Road B2 West, Roseville, MN 55113 Telephone: (651) 234-7877 E-Mail: gregory.kern@state.mn.us 6.2. The City's Authorized Representative will be: Name/Title: Jeff Oliver, City Engineer (or successor) Address: 7800 Golden Valley Road, Golden Valley, MN 55427 Telephone: (763) 593-8034 Fax: (763) 593-3988 E-Mail: joliver@goldenvalleymn.gov 7. Assignment; Amendments; Waiver; Contract Complete 7.1. Assignment. Neither party may assign or transfer any rights or obligations under this Agreement without the prior consent of the other party and a written assignment agreement, executed and approved by the same parties who executed and approved this Agreement, or their successors in office. 7.2. Amendments. Any amendment to this Agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original Agreement, or their successors in office. 7.3. Waiver. If a party fails to enforce any provision of this Agreement, that failure does not waive the provision or the party's right to subsequently enforce it. MnDOT Contract No: 1030406 -5- Receivable 2 Party Signal (Municipal Agreements) 7.4. Contract Complete. This Agreement contains all prior negotiations and agreements between the State and the City. No other understanding regarding this Agreement, whether written or oral, may be used to bind either party. 8. Liability; Worker Compensation Claims 8.1. Each party is responsible for its own acts, omissions and the results thereof to the extent authorized by law and will not be responsible for the acts and omissions of others and the results thereof. Minnesota Statutes § 3.736 and other applicable law govern liability of the State. Minnesota Statutes Chapter 466 and other applicable law govern liability of the City. 8.2. Each party is responsible for its own employees for any claims arising under the Workers Compensation Act. 9. Nondiscrimination Provisions of Minnesota Statutes § 181.59 and of any applicable law relating to civil rights and discrimination are considered part of this Agreement. 10. State Audits Under Minnesota Statutes § 16C.05, subdivision 5, the City's books, records, documents, and accounting procedures and practices relevant to this Agreement are subject to examination by the State and the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this Agreement. 11. Government Data Practices The City and State must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided under this Agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the City under this Agreement. The civil remedies of Minnesota Statutes §13.08 apply to the release of the data referred to in this clause by either the City or the State. 12. Governing Law; Jurisdiction; Venue Minnesota law governs the validity, interpretation and enforcement of this Agreement. Venue for all legal proceedings arising out of this Agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 13. Termination; Suspension 13.1. By Mutual Agreement. This Agreement may be terminated by mutual agreement of the parties. 13.2. Termination for Insufficient Funding. The State may immediately terminate this Agreement if it does not obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level sufficient to allow for the performance of contract construction under the Project. Termination must be by written or fax notice to the City. 13.3. Suspension. In the event of a total or partial government shutdown, the State may suspend this Agreement and all work, activities and performance of work authorized through this Agreement. 14. Force Majeure Neither party will be responsible to the other for a failure to perform under this Agreement (or a delay in performance), if such failure or delay is due to a force majeure event. A force majeure event is an event beyond a party's reasonable control, including but not limited to, unusually severe weather, fire, floods, other acts of God, labor disputes, acts of war or terrorism, or public health emergencies. [The remainder of this page has been intentionally left blank] MnDOT Contract No: 1030406 -6- Receivable 2 Party Signal (Municipal Agreements) INCLUDE COPY OF RESOLUTION APPROVING THE AGREEMENT AND AUTHORIZING ITS EXECUTION. CITY OF GOLDEN VALLEY DEPARTMENT OF TRANSPORTATION Recommended for Approval: The undersigned certify that they have lawfully executed this contract on behalf of the Governmental Unit as required by applicable charter provisions, resolutions or ordinances. By: (District Engineer) By: Date: Title: Approved: Date: By: (State Design Engineer) By: Date: Title: Date: COMMISSIONER OF ADMINISTRATION By: (With delegated authority) Date: CITY OF GOLDEN VALLEY RESOLUTION IT IS RESOLVED that the City of Golden Valley enter into MnDOT Agreement No. 1030406 with the State of Minnesota, Department of Transportation for the following purposes: To provide for payment by the City to the State of the City's share of the costs of the Traffic Control Signal construction and other associated construction to be performed upon, along and adjacent to Trunk Highway No. 55 at Meadow Lane within the corporate City limits of Golden Valley under State Aid Project No. 128-392-002 and State Project No. 2752-40 (T.H. 55=188). IT IS FURTHER RESOLVED that the _______________________________________ and the (Title) _____________________________________ are authorized to execute the Agreement and any (Title) amendments to the Agreement. CERTIFICATION I certify that the above Resolution is an accurate copy of the Resolution adopted by the Council of the City of Golden Valley at an authorized meeting held on the __________ day of ____________________, 2018, as shown by the minutes of the meeting in my possession. Subscribed and sworn to before me this ________ day of _________________, 2018 Notary Public ________________________ My Commission Expires _______________ ____________________________________ (Signature) ____________________________________ (Type or Print Name) ____________________________________ (Title) Data is considered Non-public prior to project award.- 1 - PRELIMINARY SCHEDULE "I" Agreement No. 1030406 City of Golden Valley S.P. 2752-40 (T.H. 55=188)Preliminary: February 27, 2018 S.A.P. 128-392-002 State Funds Traffic Control Signal, APS, EVP Systems, and ADA improvement construction to start approximately August 1, 2018 under State Contract No. ____ with ____ located on Trunk Highway No. 55 at Meadow Lane in Golden Valley, Hennepin County CITY OF GOLDEN VALLEY TRAFFIC SIGNAL COST PARTICIPATION ADA Improvement Work Items From Sheet No. 2 50,183.63 Signal System Work Items From Sheet No. 3 140,537.71 State Furnished Materials - Type "R" Cabinet and Controller 18,873.93 Subtotal $209,595.26 Construction Engineering (8%)16,767.62 (1)Total City Cost $226,362.88 (1) Amount of advance payment as described in Article 5 of the Agreement (estimated amount) Resolution 18-35 May 1, 2018 Member introduced the following resolution and moved its adoption: RESOLUTION TO AUTHORIZE ENTERING IN A TRAFFIC AGREEMENT WITH THE MINNESOTA DEPARTMENT OF TRANSPORTATION FOR THE TRUNK HIGHWAY 55 AND MEADOW LANE NORTH TRAFFIC SIGNAL WHEREAS, the City of Golden Valley is a political subdivision, organized and existing under the laws of the State of Minnesota; and, IT IS RESOLVED that the City of Golden Valley enter into MnDOT Agreement No. 130406 with the State of Minnesota, Department of Transportation for the following purposes: 1. To provide for payment by the City to the State of the City’s share of the costs of the Traffic Control signal construction and other associated construction to be performed upon, along and adjacent to Trunk Highway No. 55 at Meadow Lane North within the corporate City limits of Golden Valley under State Aid Project No. 128-392-002 and State Project No. 2752-40 (T.H. 55-188). IT IS FURTHER RESOLVED THAT THE City Manager is authorized to execute the Agreement and any amendments to the Agreement. _____________________________ 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 May 1, 2018 Agenda Item 6. C. First Consideration - Amendment to Section 5.02: Application and Licenses under this Chapter - Procedure and Administration Prepared By Kris Luedke, City Clerk Summary The City is in the process of recodification of the complete City Code. Staff would like Council to consider an ordinance amendment at this time to Section 5.02, Application and Licenses under this Chapter - Procedure and Administration of the Alcohol Beverages Licensing and Regulation to incorporate language from the League of Minnesota’s Model Ordinance to the Application subdivision and update language in the subdivisions regarding Investigations, Action and Persons Disqualified. If the Council adopts the ordinance on first consideration, the second consideration will be heard at the May 15, 2018, Council meeting. Upon approval after two considerations, the new ordinance should be effective after publication on May 24, 2018. Attachments • City Code Section 5.02: Procedure and Administration, with underline-overstrike language (7 pages) • Ordinance #637, Amendment to Chapter 5: Alcoholic Beverages Licensing and Regulations Section 5.02: Application and Licenses under this Chapter - Procedure and Administration (7 pages) Recommended Action Motion to adopt Ordinance #637, Amendment to Chapter 5: Alcoholic Beverages Licensing and Regulations Section 5.02: Application and Licenses under this Chapter - Procedure and Administration. § 5.00 Golden Valley City Code 1 Section 5.02: Applications and Licenses Under This Chapter - Procedure and Administration Subdivision 1. Application All applications shall be made at the office of the City Clerk, at least sixty (60) days prior to the projected effective date, upon forms prescribed by the City, or if by the Commissioner, then together with such additional information as the Council may desire. Information required may vary with the type of business organization making application. All questions asked or information required by the application forms shall be answered fully and completely by the applicant. Every application for the issuance or renewal of a liquor or non-intoxicating malt liquor license must include a copy of each summons received by the applicant during the preceding year under Minnesota Statutes, Section 340A.802. A. Form. Every application for a license issued under this ordinance shall be on a form provided by the City at least 60 days prior to the projected effective date. Every application shall state the name of the applicant, the applicant's age, representations as to the applicant's character, with references as the City may require, the type of license applied for, the business in connection with which the proposed license will operate and its location, a description of the premises, whether the applicant is owner and operator of the business, how long the applicant has been in that business at that place, and other information as the City may require from time to time. An application for an on-sale intoxicating liquor license shall be in the form prescribed by the Commissioner of Public Safety and shall also contain the information required in this Section. The form shall be verified and filed with the City. B. Financial responsibility. Prior to the issuance of any license under this ordinance, the applicant shall demonstrate proof of financial responsibility as defined in Minn. Stat. § 340A.409, as it may be amended from time to time, with regard to liability under Minn. Stat. § 340A.801, as it may be amended from time to time. This proof shall be filed with the City and the Commissioner of Public Safety. Any liability insurance policy filed as proof of financial responsibility under this section shall conform to Minn. Stat. § 340A.409, as it may be amended from time to time. Operation of a business which is required to be licensed by this ordinance without having on file with the City at all times effective proof of financial responsibility is a cause for revocation of the license. *Subdivision 2. Limitations on Licenses Off-sale licenses shall be issued only to exclusive liquor stores and drug stores. On-sale licenses shall be issued to hotels, clubs, restaurants or organizations with the approval of the Minnesota Commissioner of Public Safety or congressionally chartered veterans, provided the organization has been in existence for at least three (3) years and liquor sale will only be to members and bona fide guests. These limitations shall not apply to pre-existing licenses. *Subdivision 3. False Statements It is unlawful for any applicant to intentionally make a false statement or omission upon any application form. Any false statement in such application, or any willful omission to § 5.00 Golden Valley City Code 2 state of any information called for on such application form shall, upon discovery of such falsehood, work an automatic refusal of license, or if already issued, shall render any license issued pursuant thereto void and of no effect to protect the applicant from prosecution for violation of this Chapter, or any part thereof. *Subdivision 4. Investigation Fees In accordance with the requirements of Minn. Stat. § 340A.402, the City shall conduct a background and financial investigation on all new application, applications to transfer a license, and requests for approval of a new operating manager under this Chapter. The City may conduct a background and financial check on an application for a renewal of a license if it is in the public interest to do so. At the time the initial or renewal application is made, an applicant for a license under this Chapter shall accompany such application with payment of a fee to be considered an investigation fee to cover the cost to the City in processing the application and the investigation of the applicant or the applicant's manager or agent. No such fee shall be required of an applicant for a temporary non-intoxicating malt liquor license. For investigations conducted outside the State of Minnesota, the City may recover the actual investigation costs, not to exceed ten thousand dollars ($10,000). Any fees due in excess of the fee accompanying the application must be paid prior to the license hearing and before the City Council considers the application. Failure to fully pay investigative fees within thirty (30) days of billing shall be grounds for suspension or revocation of license. *Subdivision 5. Action A. Granting. The Council may approve any application for the period of the remainder of the then current license year or for the entire ensuing license year. All applications including proposed license periods must be consistent with this Chapter. Prior to consideration of any application for a license, the applicant shall pay the license fee, and if applicable, pay the investigation fee. Upon rejection of any application for a license, or upon withdrawal of an application before consideration by the Council, the license fee shall be refunded to the applicant. Failure to pay any portion of a fee when due shall be cause for revocation. B. Issuing. If an application is approved, the City Clerk shall forthwith issue a license pursuant thereto in the form prescribed by the City or the Commissioner, as the case may be. Except as otherwise specifically provided, all licenses shall be on a fiscal year basis, July 1 through June 30. For on-sale licenses issued and which are to become effective other than on the first day of the licensed year, the full fee shall be paid with the application but may be prorated after issuance. Licenses shall be valid only at one location and on the premises therein described. There shall be no prorations for off-sale licenses. C. Transfer. No license issued under this ordinance may be transferred without the approval of the Council. Any transfer of stock of a corporate licensee is deemed to be a transfer of the license, and a transfer of stock without prior Council approval shall be cause for revocation of the license. An application to transfer a license shall be treated the same as an application for a new license, and all of the provisions of this code applying to applications for a license shall apply. § 5.00 Golden Valley City Code 3 No license shall be transferable between persons or to a different location. Any change in individual ownership, incorporation or substitution of partners is a transfer. Provided, however, that as to the issued and outstanding shares of a corporate licensee, only the transfer of shares which constitutes either 1) an increase in the transferee's aggregate interest to five percent (5%) or more, or 2) a new acquisition of five percent (5%) or more, shall be a transfer for the purpose of this Section. The enlargement, alteration, or extension of premises previously licensed shall be considered a transfer to a different location. Upon learning that a license has been transferred by the licensee, the Council shall revoke the license unless a new, complete application for the transferee has been receive by the City within twenty (20) days of the transfer, in which event the Council may consider issuance of a new license to the transferee. D. Refusal and Termination. The Council may, in its sole discretion and for any reasonable cause, refuse to grant any application. No license shall be issued: 1) to a person of questionable moral character or business reputation; 2) to a person or establishment not eligible for a license under state law or this Chapter; 3) For any establishment upon which sale of alcoholic beverages is prohibited; 4) to a person that is not eligible to receive a license under state law or ordinance or to who state law or ordinance prohibits issuing a license. Licenses shall terminate only by expiration, revocation, or ceasing to do business. E. Council Discretion to Grant or Deny a License. The Council in its sound discretion may either grant or deny the application for any license or for the transfer or renewal of any license. No applicant has a right to a license under this Chapter. F. License Denial: If a license application is denied, the earliest an applicant may reapply is twelve (12) months from the date the license is denied. G. Public Interest. No license under this Chapter may be issued, transferred, or renewed if the results of any investigation show, to the satisfaction of the Council, that such issuance, transfer, or renewal would not be in the public interest. H. Revocation or Suspension. In addition to any criminal penalty provided by State Statute or this Code, the following civil penalties shall apply to violations of this Chapter or the conditions of any license issued hereunder: 1. Revocation on the first violation for the following types of offenses: a. Commission of a felony related to the licensed activity; b. Sale of alcoholic beverages while license is under suspension. 2. The following matrix applies to these violations: a. Sale to underage person; b. Sale after/before hours; c. Consumption after hours; § 5.00 Golden Valley City Code 4 d. Illegal gambling, prostitution, adult entertainment on premises; e. Sale to obviously intoxicated person; f. Sale of liquor that is not permitted by the license; g. Licensee permits illegal acts upon the licensed premises; h. Licensee has knowledge of illegal acts upon the licensed premises, but failed to report same to police; i. Licensee fails to cooperate fully with Police in investigating illegal acts upon licensed premises; j. Activities of licensee creates a serious danger to public health, safety or welfare. License Type 1ST Violation 2ND Violation 3RD Violation 4TH Violation On-sale Liquor $500 plus 1 day suspension $1,000 plus 3 days suspension $2,000 plus 10 days suspension Revocation Off-sale Liquor $750 $1,500 plus 1 day suspension $2,000 plus 6 days suspension Revocation On-sale 3.2 percent Non- intoxicating malt liquor/wine $350 plus 1 day suspension $700 plus 3 days suspension $1,500 plus 10 days suspension Revocation Off-sale 3.2 percent Non- intoxicating malt liquor $250 plus 1 day suspension $500 plus 3 days suspension $1,000 plus 10 days suspension Revocation Violations will be counted over a period of three (3) years. Any of the foregoing civil penalties may be imposed by an administrative citation under City Code, Section 2.90, or in the alternative by action of the Council. If one (1) of the foregoing penalties is imposed by an action of the Council, no fine, suspension or revocation shall take effect until the licensee has been afforded an opportunity for a hearing before the Council, a committee of the Council as may be determined by the Council in action calling the hearing. Such hearing shall be called by the Council upon written notice to the licensee served in person or by certified mail not less than fifteen (15) nor more than thirty (30) days prior to the hearing date, stating the time, place and purpose thereof. The licensee may agree to such fine, suspension or revocation imposed by an action of the Council without a hearing by providing the City Manager or his/her designee with a written notice of hearing waiver and acceptance of penalty. § 5.00 Golden Valley City Code 5 In lieu of the civil penalties and license suspensions imposed above, whether imposed by administrative citation or an action of the Council, the licensee may choose to surrender the license to sell alcohol for a minimum period of twelve (12) months from the date of license surrender. I. Business Corporate Applicants and Licensees. A business corporate applicant, at the time of application, shall furnish the City with a list of all persons that have an interest of five percent (5%) or more of common stock issued in such corporation business and the extent of such interest. The list shall name all shareholders owners and show the number of shares interest held by each, either individually or beneficially for others. It is the duty of each corporate business licensee to notify the City Clerk in writing of any change in legal ownership, or beneficial interest in such corporation business or in such shares. Any change in the ownership or beneficial interest in the shares entitled to be voted at a meeting of the shareholders of a corporate licensee, which results in the change of voting control of the corporation by the persons owning the shares therein, or any other change in ownership or control of a corporation, shall be deemed equivalent to a transfer of the license issued to the corporation, and any such license shall be revoked thirty (30) days after any such change in ownership or beneficial interest of shares unless the licensee has notified the Council of the change in ownership by submitting a new license application for the new owners, and the Council has been notified of the change in writing and has approved the transfer of the license it by appropriate action. At any time that an additional investigation is required because of a change in stock ownership or any other change in the ownership or control of a business corporation, the licensee shall pay an additional investigation fee to be determined by the Council. The Council, or any officer of the City designated by it, may at any reasonable time examine the stock transfer records and minute books of any corporate business licensee in order to verify and identify the owners, shareholders, and the Council or its designated officer may examine the business records of any other licensee to the extent necessary to disclose the interest which persons other than the licensee have in the licensed business. The Council may revoke any license issued upon its determination that a change of ownership of shares in a corporate business licensee or any change of ownership of any interest in the business of any other licensee has actually resulted in the change of control of the licensed business so as materially to affect the integrity and character of its management and its operation, but no such action shall be taken until after a hearing by the Council on notice to the licensee. *Subdivision 6. Duplicate Licenses Duplicates of all original licenses under this Chapter may be issued by the City Clerk without action by the Council, upon licensee's affidavit that the original has been lost, and upon payment of a fee for issuance of the duplicate. All duplicate licenses shall be clearly marked DUPLICATE. *Subdivision 7. Posting All licensees shall conspicuously post their licenses in their places of business. *Subdivision 8. Manager or Agent Before a license is issued under this Chapter, the applicant or applicants shall appoint in writing a natural person as its manager or agent. Such manager or agent shall be § 5.00 Golden Valley City Code 6 primarily located in the state of Minnesota and, by the terms of his/her written consent, (1) take full responsibility for the conduct of the licensed premises, and, (2) serve as agent for service of notices and other process relating to the license. Such manager or agent must be a person who, by reason of age, character, reputation, and other attributes, could qualify individually as a licensee. If such manager or agent ceases to act in such capacity for the licensee without appointment of a successor acceptable to the City, the license issued pursuant to such appointment shall be revoked. The licensee shall notify the City of any change of manager or agent. The licensee shall provide the City with all information on the new manager as if licensee was submitting a new application for a license. The City may conduct an investigation into the new manager or agent and the licensee shall pay an additional investigation fee to be determined by the City. The City shall revoke the license if the new manager is determined to be unacceptable to the City and licensee fails to replace the new manager with a manager acceptable to the City. At all times when customers are on licensed premises, there shall also be a person responsible for the conduct thereon, and, upon inquiry by any peace officer of an employee, such person's identity shall be immediately made known. *Subdivision 9. Persons Disqualified Ineligible for License A. State Law. No license shall be granted to or held by any person made ineligible for such a license under Minn. Stat. § 340A.402 subd. 1. B. Operating Officer. No License shall be granted to a business that does not have an operating officer or manager who is eligible pursuant to the provisions of this Chapter. C. Real Party Interest. No license shall be granted to a person who is the spouse of a person ineligible for a license pursuant to the provision of subsections A and B of this section or who, in the judgement of the Council, is not the real party in interest or beneficial owner of the business to be operated, under the license. D. Interest Defined. The term interest as used in this section includes any pecuniary interest in the ownership, operation, management or profits of a retail liquor establishment, but does not included: bona fide loans; bona fide fixed sum rental agreements; bona fide open accounts or other obligations held with or without security arising out of the ordinary and regular course of business of selling or leasing merchandise, fixtures or supplies to such establishment; or an interest of less than five percent (5%) in any business holding a liquor license issued by the City. A person who receives monies from time to time directly or indirectly from a licensee in the absence of a bona fide consideration therefore and excluding bona fide gifts or donations, shall be deemed to have a pecuniary interest in such retailing license. In determining “bona fide”, the reasonable value of the goods or things received as consideration for the payment by the licensee and all other facts reasonably tending to prove or disprove the existence of any purposeful scheme or arrangement to evade the prohibitions of this section shall be considered. E. Outstanding Debts. No license shall be granted or renewed for operation on any premises on which real estate taxes, assessments, or other financial claims of the City or of the state are due, delinquent, or unpaid. If an action has been § 5.00 Golden Valley City Code 7 commenced pursuant to the provisions of Minn. Stat. Ch. 278, questioning the amount or validity of taxes, the Council may, on application by the licensee, waive strict compliance with this provision; no waiver may be granted, however, for taxes, or any portion thereof, which remain unpaid for a period exceeding one year after becoming due unless such one year period is extended through no fault of the licensee. A. No license under this Chapter may be issued to: 1. A person who within five (5) years of the license application has been convicted of a felony or a willful violation of a Federal or State law, or local ordinance governing the manufacture, sale, distribution, or possession for sale or distribution, of alcoholic beverages; 2. A person who has had an intoxicating or 3.2 percent non-intoxicating liquor license revoked within five (5) years of the license application, or to any person who at the time of the violation owns any interest, whether as a holder of more than five percent (5%) of the capital stock of a corporate licensee, as a partner or otherwise, in the premises or in the business conducted thereon, or to a corporation, partnership, association, enterprise, business, or firm in which any such person is in any manner interested; 3. A person under the age of twenty-one (21) years; or 4. A person not of good moral character and repute. B. No person who has a direct or indirect interest in a manufacturer, brewer or wholesaler may have any ownership, in whole or in part, in a business holding an alcoholic beverage license from the City.   ORDINANCE NO. 637, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Chapter 5: Alcoholic Beverages Licensing and Regulations Section 5.02: Application and Licenses under This Chapter - Procedure and Administration The City Council for the City of Golden Valley hereby ordains as follows: Section 1. City Code Section 5.02, Application and Licenses under This Chapter - Procedure and Administration is hereby deleted in its entirety and replaced with the following: Section 5.02: Applications and Licenses Under This Chapter - Procedure and Administration Subdivision 1. Application A. Form. Every application for a license issued under this ordinance shall be on a form provided by the City at least 60 days prior to the projected effective date. Every application shall state the name of the applicant, the applicant's age, representations as to the applicant's character, with references as the City may require, the type of license applied for, the business in connection with which the proposed license will operate and its location, a description of the premises, whether the applicant is owner and operator of the business, how long the applicant has been in that business at that place, and other information as the City may require from time to time. An application for an on-sale intoxicating liquor license shall be in the form prescribed by the Commissioner of Public Safety and shall also contain the information required in this Section. The form shall be verified and filed with the City. B. Financial responsibility. Prior to the issuance of any license under this ordinance, the applicant shall demonstrate proof of financial responsibility as defined in Minn. Stat. § 340A.409, as it may be amended from time to time, with regard to liability under Minn. Stat. § 340A.801, as it may be amended from time to time. This proof shall be filed with the City and the Commissioner of Public Safety. Any liability insurance policy filed as proof of financial responsibility under this section shall conform to Minn. Stat. § 340A.409, as it may be amended from time to time. Operation of a business which is required to be licensed by this ordinance without having on file with the City at all times effective proof of financial responsibility is a cause for revocation of the license. Subdivision 2. Limitations on Licenses Off-sale licenses shall be issued only to exclusive liquor stores and drug stores. On-sale licenses shall be issued to hotels, clubs, restaurants or organizations with the approval of the Commissioner of Public Safety or congressionally chartered veterans, provided the organization has been in existence for at least three (3) years and liquor sale will only be to members and bona fide guests. These limitations shall not apply to pre-existing licenses. Ordinance No. 637 -2- May 1, 2018 Subdivision 3. False Statements It is unlawful for any applicant to intentionally make a false statement or omission upon any application form. Any false statement in such application, or any willful omission of any information called for on such application form shall, work an automatic refusal of license, or if already issued, shall render any license issued pursuant thereto void and of no effect to protect the applicant from prosecution for violation of this Chapter, or any part thereof. Subdivision 4. Investigation In accordance with the requirements of Minn. Stat. § 340A.402, the City shall conduct a background and financial investigation on all new application, applications to transfer a license, and requests for approval of a new operating manager under this Chapter. The City may conduct a background and financial check on an application for a renewal of a license if it is in the public interest to do so. Subdivision 5. Action A. Granting. The Council may approve any application for the period of the remainder of the then current license year or for the entire ensuing license year. All applications including proposed license periods must be consistent with this Chapter. Prior to consideration of any application for a license, the applicant shall pay the license fee, and if applicable, pay the investigation fee. Upon rejection of any application for a license, or upon withdrawal of an application before consideration by the Council, the license fee shall be refunded to the applicant. Failure to pay any portion of a fee when due shall be cause for revocation. B. Issuing. If an application is approved, the City Clerk shall issue a license pursuant thereto in the form prescribed by the City or the Commissioner, as the case may be. Except as otherwise specifically provided, all licenses shall be on a fiscal year basis, July 1 through June 30. For on-sale licenses issued and which are to become effective other than on the first day of the licensed year, the full fee shall be paid with the application but may be prorated after issuance. Licenses shall be valid only at one location and on the premises therein described. There shall be no prorations for off-sale licenses. C. Transfer. No license issued under this ordinance may be transferred without the approval of the Council. Any transfer of stock of a corporate licensee is deemed to be a transfer of the license, and a transfer of stock without prior Council approval shall be cause for revocation of the license. An application to transfer a license shall be treated the same as an application for a new license, and all of the provisions of this code applying to applications for a license shall apply. D. Refusal and Termination. No license shall be issued: 1) to a person of questionable moral character or business reputation; 2) to a person or establishment not eligible for a license under state law or this Chapter; 3) for any establishment upon which sale of alcoholic beverages is prohibited; 4) to a person that is not eligible to receive a license under state law or ordinance or to who state law or ordinance prohibits issuing a license. Licenses shall terminate only by expiration, revocation, or ceasing to do business. Ordinance No. 637 -3- May 1, 2018 E. Council Discretion to Grant or Deny a License. The Council in its sound discretion may either grant or deny the application for any license or for the transfer or renewal of any license. No applicant has a right to a license under this Chapter. F. License Denial: If a license application is denied, the earliest an applicant may reapply is twelve (12) months from the date the license is denied. G. Public Interest. No license under this Chapter may be issued, transferred, or renewed if the results of any investigation show, to the satisfaction of the Council, that such issuance, transfer, or renewal would not be in the public interest. H. Revocation or Suspension. In addition to any criminal penalty provided by State Statute or this Code, the following civil penalties shall apply to violations of this Chapter or the conditions of any license issued hereunder: 1. Revocation on the first violation for the following types of offenses: a. Commission of a felony related to the licensed activity; b. Sale of alcoholic beverages while license is under suspension. 2. The following matrix applies to these violations: a. Sale to underage person; b. Sale after/before hours; c. Consumption after hours; d. Illegal gambling, prostitution, adult entertainment on premises; e. Sale to obviously intoxicated person; f. Sale of liquor that is not permitted by the license; g. Licensee permits illegal acts upon the licensed premises; h. Licensee has knowledge of illegal acts upon the licensed premises, but failed to report same to police; i. Licensee fails to cooperate fully with Police in investigating illegal acts upon licensed premises; j. Activities of licensee creates a serious danger to public health, safety or welfare. Ordinance No. 637 -4- May 1, 2018 License Type 1ST Violation 2ND Violation 3RD Violation 4TH Violation On-sale Liquor $500 plus 1 day suspension $1,000 plus 3 days suspension $2,000 plus 10 days suspension Revocation Off-sale Liquor $750 $1,500 plus 1 day suspension $2,000 plus 6 days suspension Revocation On-sale 3.2 percent malt liquor/wine $350 plus 1 day suspension $700 plus 3 days suspension $1,500 plus 10 days suspension Revocation Off-sale 3.2 percent malt liquor $250 plus 1 day suspension $500 plus 3 days suspension $1,000 plus 10 days suspension Revocation Violations will be counted over a period of three (3) years. Any of the foregoing civil penalties may be imposed by an administrative citation under City Code, Sec. 2.90, or in the alternative by action of the Council. If one (1) of the foregoing penalties is imposed by an action of the Council, no fine, suspension or revocation shall take effect until the licensee has been afforded an opportunity for a hearing before the Council, a committee of the Council as may be determined by the Council in action calling the hearing. Such hearing shall be called by the Council upon written notice to the licensee served in person or by certified mail not less than fifteen (15) nor more than thirty (30) days prior to the hearing date, stating the time, place and purpose thereof. The licensee may agree to such fine, suspension or revocation imposed by an action of the Council without a hearing by providing the City Manager or his/her designee with a written notice of hearing waiver and acceptance of penalty. In lieu of the civil penalties and license suspensions imposed above, whether imposed by administrative citation or an action of the Council, the licensee may choose to surrender the license to sell alcohol for a minimum period of twelve (12) months from the date of license surrender. I. Business Applicants and Licensees. A business applicant, at the time of application, shall furnish the City with a list of all persons that have an interest of five percent (5%) or more in such business and the extent of such interest. The list shall name all owners and show the interest held by each, either individually or beneficially for others. It is the duty of each business licensee to notify the City Clerk in writing of any change in legal ownership, or beneficial interest in such business or in such shares. Any change in the ownership or beneficial interest in the shares entitled to be voted at a meeting of the shareholders of a corporate licensee, which results in the change of voting control of the corporation by the persons owning the shares therein, or any other change in ownership or control of a corporation, shall be deemed equivalent to a transfer of the license issued to the corporation, and any such license shall be revoked thirty (30) days after any such change in ownership or beneficial interest of shares unless the licensee has notified the Council of the Ordinance No. 637 -5- May 1, 2018 change in ownership by submitting a new license application for the new owners, and the Council has approved the transfer of the license by appropriate action. At any time that an additional investigation is required because of a change in ownership or control of a business, the licensee shall pay an additional investigation fee to be determined by the Council. The Council, or any officer of the City designated by it, may at any reasonable time examine the transfer records and minute books of any business licensee to verify and identify the owners, and the Council or its designated officer may examine the business records of any other licensee to the extent necessary to disclose the interest which persons other than the licensee have in the licensed business. The Council may revoke any license issued upon its determination that a change of ownership of a business licensee or any change of ownership of any interest in the business of any other licensee has actually resulted in the change of control of the licensed business so as materially to affect the integrity and character of its management and its operation, but no such action shall be taken until after a hearing by the Council on notice to the licensee. Subdivision 6. Duplicate Licenses Duplicates of all original licenses under this Chapter may be issued by the City Clerk without action by the Council, upon licensee's affidavit that the original has been lost, and upon payment of a fee for issuance of the duplicate. All duplicate licenses shall be clearly marked DUPLICATE. Subdivision 7. Posting All licensees shall conspicuously post their licenses in their places of business. Subdivision 8. Manager or Agent Before a license is issued under this Chapter, the applicant or applicants shall appoint in writing a natural person as its manager or agent. Such manager or agent shall be primarily located in the state of Minnesota and, by the terms of his/her written consent, (1) take full responsibility for the conduct of the licensed premises, and, (2) serve as agent for service of notices and other process relating to the license. Such manager or agent must be a person who, by reason of age, character, reputation, and other attributes, could qualify individually as a licensee. If such manager or agent ceases to act in such capacity for the licensee without appointment of a successor acceptable to the City, the license issued pursuant to such appointment shall be revoked. The licensee shall notify the City of any change of manager or agent. The licensee shall provide the City with all information on the new manager as if licensee was submitting a new application for a license. The City may conduct an investigation into the new manager or agent and the licensee shall pay an additional investigation fee to be determined by the City. The City shall revoke the license if the new manager is determined to be unacceptable to the City and licensee fails to replace the new manager with a manager acceptable to the City. At all times when customers are on licensed premises, there shall also be a person responsible for the conduct thereon, and, upon inquiry by any peace officer of an employee, such person's identity shall be immediately made known. Subdivision 9. Persons Ineligible for License A. State Law. No license shall be granted to or held by any person made ineligible for such a license under Minn. Stat. § 340A.402 subd. 1. Ordinance No. 637 -6- May 1, 2018 B. Operating Officer. No License shall be granted to a business that does not have an operating officer or manager who is eligible pursuant to the provisions of this Chapter. C. Real Party Interest. No license shall be granted to a person who is the spouse of a person ineligible for a license pursuant to the provision of subsections A and B of this section or who, in the judgement of the Council, is not the real party in interest or beneficial owner of the business to be operated, under the license. D. Interest Defined. The term interest as used in this section includes any pecuniary interest in the ownership, operation, management or profits of a retail liquor establishment, but does not included: bona fide loans; bona fide fixed sum rental agreements; bona fide open accounts or other obligations held with or without security arising out of the ordinary and regular course of business of selling or leasing merchandise, fixtures or supplies to such establishment; or an interest of less than five percent (5%) in any business holding a liquor license issued by the City. A person who receives monies from time to time directly or indirectly from a licensee in the absence of a bona fide consideration therefore and excluding bona fide gifts or donations, shall be deemed to have a pecuniary interest in such retailing license. In determining “bona fide”, the reasonable value of the goods or things received as consideration for the payment by the licensee and all other facts reasonably tending to prove or disprove the existence of any purposeful scheme or arrangement to evade the prohibitions of this section shall be considered. E. Outstanding Debts. No license shall be granted or renewed for operation on any premises on which real estate taxes, assessments, or other financial claims of the City or of the state are due, delinquent, or unpaid. If an action has been commenced pursuant to the provisions of Minn. Stat. Ch. 278, questioning the amount or validity of taxes, the Council may, on application by the licensee, waive strict compliance with this provision; no waiver may be granted, however, for taxes, or any portion thereof, which remain unpaid for a period exceeding one year after becoming due unless such one year period is extended through no fault of the licensee. F. No license under this Chapter may be issued to: 1. A person who within five (5) years of the license application has been convicted of a felony or a willful violation of a Federal or State law, or local ordinance governing the manufacture, sale, distribution, or possession for sale or distribution, of alcoholic beverages; 2. A person who has had an intoxicating or 3.2 percent liquor license revoked within five (5) years of the license application, or to any person who at the time of the violation owns any interest, whether as a holder of more than five percent (5%) of the capital stock of a corporate licensee, as a partner or otherwise, in the premises or in the business conducted thereon, or to a corporation, partnership, association, enterprise, business, or firm in which any such person is in any manner interested; 3. A person under the age of twenty-one (21) years; or Ordinance No. 637 -7- May 1, 2018 4. A person not of good moral character and repute. Section 2. City Code Chapter 1 entitled “General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation” and Section 5.99 entitled “Violation a Misdemeanor” are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 3. These amendment shall take effect from and after its passage and publication as required by law. Adopted by the City Council this 1st day of May, 2018. /s/Shepard M. Harris Shepard M. Harris, Mayor ATTEST: /s/Kristine A. Luedke Kristine A. Luedke, City Clerk