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08-20-13 CC Agenda Packet (entire) AGENDA Regular Meeting of the City Council Golden Valley City Hall 7800 Golden Valley Road Council Chamber August 20, 2013 6:30 pm The Council may consider item numbers 1, 2, 3, 5 and 6 prior to the public hearings scheduled at 7 pm 1. CALL TO ORDER PAGES A. Roll Call B. Pledge of Allegiance C. Decision Resources, LTD. Presentation of 2013 Residential Survey 3 2. ADDITIQNS AND CORRECTIONS TO AGENDA 3. CONSENT AGENDA Approval of Consent Agenda - All items listed under this heading are considered to be routine by the City Council and will be enacted by one motion. There will be no discussion of these items unless a Council Member or citizen so requests in which event the item will be removed from the general order of business and considered in its normal sequence on the agenda. A. Approval of Minutes - City Council Meeting - June 4, 2013; and Council/Manager 4-16 Meeting - June 11, 2013 B. Approval of Check Registers: 1. City 17 2. Housing and Redevelopment Authority 18 C. Licenses: 1. Solicitor's License - NARAL Pro-Choice Minnesota 19-21 D. Minutes of Boards and Commissions: 1. Planning Commission - July 8, 2013 22-27 2. Open Space and Recreation Commission - April 22, 2013 28-31 3. Human Rights Commission - June 25, 2013 32-34 E. Bids and Quotes: 1. Golf Carts - Quotes 35 F. Approval of Full Extension for Filing of Plat and Submitting Final PUD Plan 36-39 Applicatian - PUD #107 - The Towers at West End - Southwest Quadrant of I-394 and Highway 100 - Duke Realty, Applicant G. Authorization to Send Letter of Support to Three Rivers Park District Cammissioner 40-41 Freeman for Programming and Planning - Mary Hills and Rice Lake Nature Areas 4. PUBLIC HEARINGS 7 PM A. Continued Public Hearing - Precious Metal Dealer License Renewal - Jewelry 42 Manufacturer's Exchange, Inc. B. Public Hearing - Ordinance #505 - Rezoning from Single Family Residential (R-1) 43-58 to Moderate Density Residential (R-2) Zoning District - 7901 23rd Avenue North - D.J. Chawla, Applicant C. Public Hearing - Preliminary Plat Approval - Chawla Estate - 7901 23rd Avenue 59-80 North - Sohan and Swarn Singh, Applicants 4. PUBLIC HEARINGS 7 PM - CONTINUED D. Continued Public Hearing - Ordinance #503 - Final Design Plan Approval - PUD 81 #112 - The 3.9.4 Apartments - Global One Golden Valley, LLC, Applicant (item continued to 9/3/13 Council Meefing) E. Public Hearing - Easement Vacations to Vacate Alley and Easements in the Plats of 82-83 Spring Green South and Registered Land Survey No. 106 (The Three.Nine.Four Apartments) (item continued to 9/3/13 Council Meeting) F. Public Hearing - Ordinance #506 -Addition of New Section 11.75: Solar Energy 84-94 Systems 5. OLD BUSINESS A. Second Consideration - Ordinance #504 - Amending Section 10.23 Regarding 95-99 Recreation Fires 6. NEW BUSINESS A. Announcements of Meetings B. Mayor and Council Communications 7. ADJOURNMENT GI�� U� City Administration/Counci.l 763-593-8003/763-593-81 A9(fax) : __ - : � ,� °�e��,.�� - m�� ..� �._:� ��a �_:. _ ... � Executive Summary For Action Golden Valley City Council Meeting August 20, 2013 Agenda Item 1. C. Decision Resources, LTD. Presentation of 2013 Residential Survey Prepared By Cheryl Weiler, Communications Manager' Summary The Council hired Decision Resources, LTD. to conduct a random telephone survey of 400 Golden Valley residents in May 2013. Bill Morris of Decision Resources, LTD. will be at the Council meeting ta provide an overview of the survey results. Recommended Action Motion to receive and file Decision Resources, LTD. City of Golden Valley Residential Survey- FINALJULY 2013. Regular Meeting of the City Council June 4, 2013 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Golden Valley, Hennepin County, Minnesota was held at 7800 Golden Valley Road in said City on June 4, 2013 at 6:30 pm. The following members were present: Clausen, Harris, Pentel, Scanlon and Schmidgall; Also present were: Thomas Burt, City Manager; Jeannine Clancy, Director of Public Works; Allen Barnard, City Attorney; and Judy Nally, Administrative Assistant. Pledqe of Alleqiance The Pledge of Allegiance was recited. Board/Commission Oath of Office and Presentation of Certificate of Appointment Mayor Harris administered the oath of office and presented a Certificate of Appointment, mug and city pin to: Payton Perkins, Christopher Jordan, Ethan Meirovitz, Jonathan Burris, Carla Johnson, Andy Snope, Human Rights Commission; and Tonia Galonska, Environmental Commission; Adam Buttress and Debra Reiser, Human Rights Commission and Dawn Speltz, Open Space and Recreation Commission were unable to attend. Presentation of Certificate of Recoqnition -Arbor Dav Poster Contest Winners Mayor Harris presented the winners of the Arbor Day Poster Contest from the School of Engineering and Arts with a Certificate of Recognition. Receipt of Communitv Partnership Grant from CenterPoint Enerqv Mark Kuhnly, Chief of Fire and Inspection Services, introduced the agenda item. Trey Kuchar, CenterPoint Energy, presented the City with a $1,000 Community Partnership Grant. The Council thanked CenterPoint Energy for their grant. Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 13-47 RESOLUTION ACCEPTING DONATION FROM CENTERPOINT ENERGY COMMUNITY PARTNERSHIP GRANT The motion for the adoption of the foregoing resolution was seconded by Member Scanlon and upon a vote being taken thereon, the following voted in favor thereof: Clausen, Harris, Pentel, Scanlon and Schmidgall; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and his signature attested by the City Clerk. Regular Meeting of the City Council June 4, 2013 Page 2 Approval of Apenda MOVED by Scanlon, seconded by Clausen and motion carried unanimously to approve the agenda of June 4, as submitted. Approval of Consent A^ eq nda MOVED by Schmidgall, seconded by Clausen and motion carried unanimously to approve the agenda of June 4, 2013 as amended: removal of Acceptance of Donation - Golden VaNey Federated Women's Club for Electronic Reader Board. *Approval of Minutes - Citv Council Meetinq - April 3, 2013 and Council/Mana er Meetinq -April 9, 2013 MOVED by Schmidgall, seconded by Clausen and motion carried unanimously to approve the City Council Meeting minutes of April 3, 2013 and the Council/Manager Meeting minutes of April 9, 2013 as submitted. *Approval of Check Reqister MOVED by Schmidgall, seconded by Clausen and motion carried unanimously to authorize the payment of the City as submitted. *Solicitor's License - Twin Cities Public Television MOVED by Schmidgall, seconded by Clausen and motion carried unanimously to approve the solicitor's license for Twin Cities Public Television. *Solicitor's License - J. P. Maoney Consultinq Inc. on Behalf of Centurv Link MOVED by Schmidgaff, seconded by Clausen and motion carried unanimously to approve the solicitor's license for J P Mooney Consulting, Inc, on behalf of CenturyLink. *Therapeutic Massaqe Facilitv License - C-Haus Services Inc. d/b/a Salon Adagio MOVED by Schmidgall, secanded by Clausen and motion carried unanimously to approve the issuance of a therapeutic massage facility license to C-Haus Services Inc. d/b/a Salon Adagio, located at 7759 Medicine Lake Road. *Therapeutic Massaqe Certificate - Enrique Juan Solano MOVED by Schmidgall, seconded by Clausen and motion carried unanimously to approve the issuance of a therapeutic massage certificate to Enrique Juan Solano at Massage Envy, 7704 Olson Memorial Highway. Regular Meeting of the City Council June 4, 2013 Page 3 *Therapeutic Massaqe Certi�cate - David Jeremv Draper Steffl MOVED by Schmidgall, seconded by Clausen and motion carried unanimously to approve the issuance of a therapeutic massage certificate to David Jeremy Draper Steffl at Massage Envy, 7704 Olson Memorial Highway. *Therapeutic Massaqe Certi�cate - Cvnthia Lee MOVED by Schmidgall, seconded by Clausen and motion carried unanimously to approve the issuance of a therapeutic massage certificate to Cynthia Lee at Massage Envy, 7704 Olson Memorial Highway. *Minutes of Boards and Commissions MOVED by Schmidgall, seconded by Clausen and motion carried unanimously to receive and file the minutes as follows: Board of Zoning Appeals - April 23, 2013 Joint Water Commission - April 3, 2013 Environmental Commission - April 22, 2013 Envision Connection Project Executive Board - April 18, 2013 Bassett Creek Watershed Management Commission - April 18, 2013 *Authorization to Siqn Aqreement with Bassett Creek Watershed Manaqement Commission and WSB & Associates, Inc. for Feasibility Studv for 2015 Bassett Creek Restoration Pro�ect MOVED by Schmidgall, seconded by Clausen and motion carried unanimously to authorize the Mayor and City Manager to sign the Cooperative Agreement for Preparation of a Feasibility Report for Main Stem Channel Restoration Project 2015CR with the Bassett Creek Watershed Management Commission. MOVED by Schmidgall, seconded by Clausen and motion carried unanimously to authorize the Mayor and City Manager to sign the proposal from WSB to complete a feasibility study in an amount not to exceed $54,100. *Call for Public Hearinq - Easement Vacations - The Colonnade - PUD #53 - Arcata Apartments - 6/18/13 Member Schmidgall introduced the following resalution and moved its adoption: RESOLUTION 13 -48 RESOLUTION ESTABLISHING A PUBLIC HEARING ON JUNE 18, 2013 TO CONSIDER VACATION OF PORTIONS OF A DRAINAGE AND UTILITY EASEMENT AND WALKWAY EASEMENT IN THE PLAT OF THE COLONNADE P.U.D. NO. 53 Regular Meeting of the City Council June 4, 2013 Page 4 *Call for Public Hearinq - Easement Vacations - The Colonnade - PUD #53 - Arcata Apartments - 6/18/13 - Continued The motion for the adoption of the foregoing resolution was seconded by Member Clausen and upon a vote being taken thereon, the following voted in favor thereof: Clausen, Harris, Pentel, Scanlon and Schmidgall; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and his signature attested by the City Clerk. *Approval of Traffic Siqnal Upqrades at Xenia Avenue and Golden Hills Drive Member Schmidgall introduced the following resolution and moved its adoption: RESOLUTION 13-49 RESOLUTION AUTHORIZING THE AGREEMENT WITH THE MINNESOTA DEPARTMENT OF TRANSPORTATION FOR THE TRAFFIC SIGNAL UPGRADES AT THE INTERSEGTION OF XENIA AVENUE AND GOLDEN HILLS DRIVE The motion for the adoption of the foregoing resolution was seconded by Member Clausen and upon a vote being taken thereon, the following voted in favor thereof: Clausen, Harris, Pentel, Scanlon and Schmidgall; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and his signature attested by the City Clerk. Acceptance of Donation - Golden Vallev Federated Women's Club for Concerts in the Park Series Council Member Scanlon stated that the Women's Club has been donating for concerts in the park for the past nine years and has donated a total of$7,300. The Council expressed their appreciation for the donation. Member Scanlon introduced the following resolution and moved its adoption: RESOLUTION 13-50 RESOLUTION ACCEPTING DONATION FROM GOLDEN VALLEY FEDERATED WOMEN'S CLUB FOR CONCERTS IN THE PARK SERIES The motion for the adoption of the foregoing resolution was seconded by Member Pentel and upon a vote being taken thereon, the following voted in favor thereof: Clausen, Harris, Pentel, Scanlon and Schmidgall; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and his signature attested by the City Clerk. Regular Meeting of the City Council June 4, 2013 Page 5 On-Sale, Off-Sale, Sundav Sale, Club, Wine On-Sale and Non-Intoxicating Malt Liquor License Renewals Stacy Carlson, Police Chief, presented the staff report and answered questions fram the Council. MOVED by Clausen, seconded by Scanlon and motion carried unanimously to approve the renewal of the respective liquor licenses for the applicants listed below for the 2013-2014 license term. On-Sale and Sunday Sa/e D'Amico Catering, LLC d/b/a Metropolitan Ballroom and Clubroom GMRI, Inc. d/b/a Red Lobster The Samurai, Inc. d/b/a Benihana Golden Valley Country Club Inc. d/b/a Golden Valley Country Club Webb Golden Valley LLC d/b/a Good Day Cafe Scoreboard, Inc. d/b/a J.J.'s Clubhouse Cliff Corporation d/b/a Doolittles Prom Management Group, Inc. d/b/a Prom Catering Teresa's LLC d/b/a Teresa's Mexican Restaurant Osaka Golden Valley Inc. d/b/a Osaka Sushi and Hibachi Chipotle Mexican Grill/Colorado LLC d/b/a Chipotle Mexican Grill Club On-Sale and Sunday Sale Chester Bird American Legion Post #523 Golden Valley VFW Post #7051 Wine On-Sale (including strong beer) and Non-Intoxicating Malf Liquor D'Amico and Sons, Inc. d/b/a D'Amico and Sons The Noodle Shop Co. Colorado Inc. d/b/a Noodles & Company Off-Sale Byerly Beverages, Inc. d/b/a Byerly's Wine & Spirits Golden Valley Liquor Barrel, Inc. d/b/a Golden Valley Liquor Barrel ZAOE, LLG. d/b/a MGM Liquor Warehouse Adelemor, Inc. d/b/a United Liquors #2 JTJ Enterprises, LLC d/b/a Lakeridge Wine & Spirits Off-Sale/On-Sa/e and Sunday Sa/e RZMP Corporation d/b/a Schuller's Tavern Regular Meeting of the City Council June 4, 2013 Page 6 First Consideration - Ordinance #499 -Amendinq Section 10.32 Reqardinq Definition of Animals and Keepinq of Chickens The following ordinance was MOVED by Pentel, seconded by Schmidgall: ORDINANCE NO. 499, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Amending Section 10.32 Regarding Definition of Animals and Keeping of Chickens Eric Seaburg, EIT, Engineer, presented a PowerPoint presentation and answered questions from the Council. Stacy Carlson, Police Chief, presented a staff report and answered questions from the Council. Allen Barnard, Jeannine Clancy and Mark Grimes, Director of Community Development, answered questions from the Council. MOVED by Pentel, seconded by Schmidgall and motion carried unanimously to approve on First Consideration, Ordinance #499, 2nd Series as amended: Subdivision 3(A)(5) and remove "ar for any other reason." Upon a roll call vote, the vote was as follows: CLAUSEN - NO HARRIS - YES PENTEL - YES SCANLON - NO SCHMIDGALL - YES First Consideration - Ordinance #500 -Amendment to the 2013 Master Fee Schedule - Chicken Coop License and Initial Investiqation The following ordinance was MOVED by Schmidgall, seconded by Pentel: ORDINANCE NO. 500, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Amendment to the Master Fee Schedule for Chicken Coop License and Initial Investigation Sue Virnig, Finance Director, presented the staff report and answered questions from the Council. MOVED by Schmidgall, seconded by Pentel and motion carried unanimously to approve on First Consideration, Ordinance #500, 2nd Series. Upon a roll call vote, the vote was as follows: CLAUSEN - NO HARRIS - YES PENTEL - YES SCANLON - NO SCHMIDGALL - YES Regular Meeting of the City Council June 4, 2013 Page 7 Authorization to Siqn Amended PUD Permit - The Colonnade - PUD #53 -Arcata Apartments -Amendment#5 Mark Grimes, Director of Community Development, presented the staff report and answered questions from the Council. Grady Hamilton, Trammell Crow, answered questions from the Council. MQVED by Pentel, seconded by Scanlon and motion carried unanimously ta authorize the Mayor and City Manager to sign the amended PUD permit for The Colonnade (Arcata) PUD No. 53, Amendment No. 5, to allow for the construction of a 165-unit apartment building, moved 6.76 feet to the west from what was approved in Amendment No. 4, subject to the following conditions: 1. The plans prepared by ESG Architects, dated April 30, 2013 and submitted with the application shall become a part of this approval. 2. This approval is subject to the terms and conditions required in th� Development Agreement for the Arcata dated April 16, 2013. 3. The development is subject to all applicable requirements of City Code Section 11.56 - I-394 Overlay Zoning District Ordinance including, but not limited to, the following: each time a) the traffic generated for one hour during the pm peak hour three days out of five consecutive business days exceeds Level of Service E at more than half of the intersections within the Xenia/Vernon interchange (effective after the interchange is substantially completed and operational), or b) once the reserve capacity allocated to the city for this interchange has been used, whichever is first, the owner shall implement an original or revised traffic management plan. The traffic management plan initially shall be prepared when the traffic generated for one hour during the pm peak hour three days out of five consecutive business days reaches Level of Service E at more than half of the intersections of the Xenia/Vernon interchange (effective after the interchange is substantially completed and operational). It shall be designed to reduce the traffic generated by or from the parcel by a percentage which, in conjunction with the other parcels in the zone, will accommodate Level of Service E at the pm peak hour (or keep it within the city's allocable portion of the reserve capacity, if that applies), given the pm peak hour trips assumed to be generated by the parcel based on the table in City Code Section 11.56, Subd. 4(A)(1). The owner shall submit the traffic management plan to the Jaint Task Force which shall review and approve all traffic management plans before they may be implemented. 4. All signs on the property must meet the requirements of the City's Sign Code. 5. This approval is subject to all other state, federal, and local ordinances, regulations, or laws with authority over this development. Regular Meeting of the City Council June 4, 2013 Page 8 Announcements of Meetinqs A Concert in the Park featuring the Golden Valley Orchestra will be held on June 10, 2013 at 7 pm at Brookview Park. The next Council/Manager meeting will be held on June 11, 2013 at 6:30 pm. The City Council and Board/Commission Training will be held on June 12, 2013 at 6:30 pm. A Firefighter Recruitment Expo will be held on June 13, 2013 from 6 to 10 pm at Fire Station #1. A Bassett Creek Watershed Summit will be held on June 13, 2013 from 7 to 9 pm at Plymouth City HaIL A Concert in the Park featuring Calhoun Brass will be held on June 17, 2013 at 7 pm at Brookview Park. The next City Council meeting will be held on June 18, 2Q13 at 6:30 pm. The Board/Commission Recognition Dinner will be held on June 20, 2013 at 6:30 pm at the Brookview Community Center. A Beyond the Yellow Campaign meeting will be held on June 19, 2013 at 6:30 pm at the Crystal Community Center. A Neighborhood Meeting will be held on June 25, 2013 at 7 pm at Covenant Village, 5800 St. Croix Avenue North. Mayor and Council Communication The Council discussed the Neighborhood Meeting that was held at the Oak Grove Church. Staff was requested to notify the Council of any items neighborhoods may be interested in or have concerns about prior to attending any future Neighborhood Meetings. The Council will discuss the concerns the neighbors expressed regarding the pavement management program at a future Council/Manager meeting. Mayor Harris will ask Representative Mike Freiberg to attend an upcoming City Council meeting to give a brief update of legislative issues pertaining to Golden Valley. The Council thanked all those who participated in the Memorial Day event. The Council will discuss the Beyond the Yellow Ribbon Campaign and the availability of Council/Manager meeting audio-recordings online at a future Council/Manager meeting. Mayor Harris stated there is one vacancy on the Human Rights Commission. Regular Meeting of the City Council June 4, 2013 Page 9 Adiournment MOVED by Schmidgall, seconded by Pentel and motion carried unanimously to adjourn the meeting at 8:09 pm. Shepard M. Harris, Mayor ATTEST: Judy Nally, Administrative Assistant Council/Manager Meeting Minutes June 11, 2013 Present: Mayor Harris and Council Members, Clausen, Pentel, Scanlon and Schmidgall, City Manager Tom Burt, Finance Director Sue Virnig, Communications Manager Cheryl Weiler, Director of Public Works Jeannine Clancy, City Engineer Jeff Oliver, Engineering Technician Brian Dahlberg, Park Maintenance Supervisor AI Lundstrom, Director of Parks and Recreation Rick Jacobson, Open Space and Recreation Commission Chair Jerry Sandler and Administrative Assistant Lisa Wittman. The meeting began at 6:30 pm in the Council Conference Room. 2Q12 Comprehensive Annual Financial Statements Bill Lauer from the auditing firm Malloy Montague Karnowski Radosevich & Ca. was in attendance to review the 2012 Comprehensive Annual Financial Report, Management Report and Special Purpose Audit Reports. He stated that they have issued an unqualified, "clean" opinion on the City's financial statements. Mr. Lauer reviewed highlights from the Management Report and noted that one on-going finding is the limited segregation of duties in certain areas due to the small size of the City's office staff. Bylaws and Resolution Continuing the Envision Connection Project Executive Board Tom Burt explained that staff has drafted a new resolution continuing the Envision Connection Project Executive Board along with updated bylaws per Council direction at the December 11, 2012 Council/Manager meeting. The Cauncil discussed the proposed resolution and bylaws. After discussion, the Council consensus was that the Board's charge will be complete by December 2014. They also agreed that they would like to appoint three more people to the Board, change the members' terms because the Board's charge will be complete in 2014 and that the chair of the Board can be elected by the Board and does not have to be the Mayor. Burt stated that the resolution and bylaws will be considered at the next regular Council meeting. Receipt of 2012 Annual Report— Open Space and Recreation Commission Open Space and Recreation Commission Chair Jerry Sandler was in attendance to review the Commission's 2012 annual report. The Council discussed the status of the Brookview Park design process and the public involvement in that process. They also discussed consideration of a dog park, how to further embrace the Step-to-It program, and various potential grant opportunities that the City could consider. Metro Municipal Agreement Program Jeannine Clancy discussed the Minnesota Department of Transportation's (MnDOT) Metro Municipal Agreement Program which provides funding for construction projects that are developed and administered by local agencies and provides a benefit to both the local Council/Manager Meeting Minutes June 11, 2013 — Page 2 community and the trunk highway system. She explained that two areas have been identified for application consideration. The first area is the intersection of Winnetka Avenue and Trunk Highway 55. The estimated cost for this project is approximately $1,300,000. The MnDOT agreement may provide up to $702,000 with the balance being paid for by the City using local State Aid Funds in addition to a potential offset if done in coordination with CenterPoint Energy's project. The second area is the intersection of Country Club Drive/Douglas Drive and Trunk Highway 55. The estimated cost for this project is $500,000. The City will be requesting $300,000 from MnDOT with the remaining $200,000 being paid for by using the Douglas Drive reconstruction funding sources and potential local State Aid Funds. The Council Consensus after discussion was to consider a resolution of support at the next regular Council meeting. 2012 Pavement Management Program Jeannine Clancy referred to a recent neighborhood meeting held by members of the City Council in the Welcome Avenue neighborhood. This area was rehabilitated as part of the 2012 Pavement Management Program. At that meeting there were concerns expressed by several residents related to issues near their properties. She stated that staff welcomes residents' concerns but there may be a difference of opinion on whether the contractor met their abligations or not. The Council discussed several of the complaints, the assessment process, and the driveway replacement process. After discussion the consensus of the Council was that it would be helpful if staff communicated with residents in Pavement Management areas to let them know that a number of punch list items are followed up on in the spring after the street reconstruction is finished. A. Paisley Lane Concrete Curb and Gutter Jeff Oliver explained that staff received a complaint pertaining to a section of concrete curb and gutter in front of a resident's house on Paisley Lane that was part of the 2010 Pavement Management Program. He explained that the issue is scaling of the concrete caused by over finishing, excess water or by a chemical in the concrete that wasn't mixed properly. He added that the concrete scaling is not considered to be a structural defect and that staff will monitor the situation throughout the year to determine if the condition has worsened or if other action will be necessary. The Council directed staff to continue communicating with the homeowner on their findings as they monitor the situation. Low Maintenance Mowing Areas Jeannine Clancy provided an update on the low maintenance mowing proposal. She explained that based on the direction of City Council, the size of the sample area was reduced and an open house was held in April. AI Lundstrom added that staff started the low maintenance mowing program at the end of May in the three locations previously identified. Council/Manager Meeting Minutes June 11, 2013 — Page 3 Council Member Pentel stated that allowing the low maintenance mowing areas to go natural will take a long time and questioned if the City should cansider hiring a company to do a native restoration of the areas instead. Lundstrom clarified that staff is not proposing that there be no maintenance in the identified areas, rather the areas will be mowed three to four times per year and maintained in a more natural state. After discussion, the consensus was to have staff continue the low maintenance mowing of the three identified areas. Strengthen Housing Maintenance Code Council Member Scanlon asked that this item be placed on the agenda for discussian because she receives many calls regarding property maintenance issues and she would like to know how the Housing Maintenance Code can be strengthened and how the City can provide better follow-up on maintenance issues. The Council discussed health and safety issues, the upkeep of foreclosed homes and the possibility of hiring an additional person or summer interns to help with housing maintenance issues. Burt discussed the current Housing Maintenance Code procedures, the costs involved in hiring another person and the possibility of increasing the City's rental license fees. He also stated that staff is considering using the International Maintenance Code rather than the City's current Housing Maintenance Code. After discussion Burt stated that he would have staff generate a report regarding the number of foreclosures in the Gity. He added that he would also provide the costs involved in hiring an additional person to help with housing maintenance issues. Board/Commission Vacancies Tom Burt distributed a list of board/commission vacancies and a list of applicants available to fill them. The Council discussed the applicants that they have already interviewed. After discussion the consensus of the Council was to appoint Bill Flannery to the Human Rights Commission. Availability of Council/Manager Meeting Audio Recordings Online Council Member Scanlan asked that this item be placed on the agenda for discussion. Tom Burt stated that if the Council direction is to put audio recordings of Council/Manager meetings online he recommends that the budget include installing the proper audio equipment in the Council Conference Room so the sound quality is good enough to put online. He noted that another way to make the Council/Manager meetings available on line is to hold the Council/Manager meetings after the regular Council meetings in the Council Chambers where there is already a cable crew and the proper equipment. The Council discussed the location of the Cauncil/Manager meetings and the potential costs involved in installing the proper equipment. Burt stated that he would have staff work on getting quotes on the costs involved in upgrading the Council Conference and bring the quotes back to a future Council/Manager meeting. Council/Manager Meeting Minutes June 11, 2013 — Page 4 Role of City in Beyond the Yellow Ribbon Campaign Mayor Harris stated that the next steering committee meeting for the Beyond the Yellow Ribbon Campaign will be held on June 12. He stated that the goal of the meeting is to discuss what cities roles will be in the campaign. The Council discussed what Golden Valley's role could be including bringing various groups together that offer services to veterans and passing resolutions or supporting legislation that support veterans. After discussion the Council consensus was that Mayor Harris and Gouncil Member Clausen would participate in the Steering Committee meetings. They also noted that Environmental Commissioner Lynn Gitelis has said she is interested in participating as well. Reciting the Pledge of Allegiance at Council Meetings Steve Schmidgall asked that this item be placed on the agenda for discussion. He expressed his discomfort in saying the Pledge of Allegiance at City Council meetings. The Council discussed whether or not they would like to continue saying the Pledge at City Council meetings. After discussion the Council consensus was that they would like to continue saying the Pledge at City Council meetings. The meeting adjourned at 9:45 pm. Lisa Wittman Administrative Assistant �i��,� ��f� � , �� Finance Department 763-593-8013/763-593-8109(fax) � r�`�,� � � -��w��.. . � " . .> _ � ,� ,. � , � ��ti �� -: � u�.��a��.�'�.�_ °��.. e., = Executive Summary For Action Golden Valley City Council Meeting August 20, 2013 Agenda Item 3. B. 1. Approval of City Check Register Prepared By Sue Virnig, Finance Director Summary Approval of the check register for various vendor claims against the City of Golden Valley. Attachments • Document sent via email Recommended Action Motion to authorize the payment of the bills as submitted. �l�� C),�� Finance Deparfiment 763-593-8013/763-593-8109(fax) ��;��.. " .t��...>..,f�. .il.�:�� x_,��,:��.�: , w. �� '�� Executive Summary For Action Golden Valley City Council Meeting August 20, 2013 Agenda Item 3. B. 2. Approval of Housing and Redevelopment Authority Check Register Prepared By Sue Virnig, Finance Director Summary Approval of the check register for various vendor claims against the Housing and Redevelopment Authority. Attachments • Document sent via email Recommended Action Motion to authorize the payment of the bills as submitted. �'��"� �� ' �.=W. City Administrafiion/Council 763-593-3991 /763-593-8109(fax) Executive Summary For Action Golden Valley City Council Meeting August 20, 2013 Agenda Item 3. C. 1. Solicitor's License- NARAL Pro-Choice Minnesota Prepared By ludy Nally, Administrative Assistant Summary As per City Code, any individual or group intending to go door-to-door within the City selling products, taking orders or soliciting for business or donations must be licensed by the City to do so. Attachments • Peddler/Solicitor License Application (2 pages) Recommended Action Motion to approve the solicitor's license for NARAL Pro-Choice Minnesota. Application and fee must be submitted to the City Manager's Office the Wednesday prior to the City Council Meeting. Council Meetings are normally held the first and third Tuesday of each month. PEDDLER/SOLICITOR LICENSE APPLICATION TO: Golden Valley City Council Fee Paid: $ �• � 7800 Golden Valley Road Number of Persons: Golden Valley, MN 55427 Type of License: Peddler Solicitor (circle o ` � Enclose the sum of$ ��' for � (number) peddlers/solicitors as required by City Code of the City of Golden Valley and have complied with all the requirements of said Code necessary for obtaining this license. _ /V��'L.- �('� — C;r�v�-�lVl r I2�Scj-�t,c� (Business or Individual Name or Organization to be Licensed) �!/Z� �� (MN Business ID or FEIN (Federal ID)for Business Licenses) Define Business �� (Corporation, Proprietorship, artn hip, Non-Profit, State of Incorporation or Individual) Z�� r� 1 (Address) ��- MM City, State and Zi Code) ��a - �az- �tos� (Telephone Number, including Area Code) NOW, THEREFORE, , � v`�S hereby makes application for (Applicant Name) period of q U/ �413through 12/31/�, subject to the conditions and provisions of said City Cod (Sign ure of Ap incipal Officer) Description o oods or services for sale (incfude prices) or indicate if soliciting donations. If more space is needed, attach additional sheets (be specific): v �� lV,� r�✓� ,� ��a�.. dr Nr 'a,Q - ' �� NOTE: If the products for sale are changed or modified, you must give the City complete information regarding such change or modification. List the names and addresses of EACH person who will be peddling or soliciting on behalf of said organization in the City, or, in the alternative, the name, address and telephone number or numbers where a responsible person of said organization will maintain a list of names and addresses of all persons engaged in peddling or soliciting in the City: C�b nd��e D(/�Yl s 8'�• (If more space is needed, attach additional sheets) STATE OF Iha'��N�� ) ss. COUNTY OF �lU/I!'�G'1�) �, .1'�� vlo�� of �� o-�,a:�. ��s��. (Officer/Individual) (Name of Organization) being first duly sworn, depose and say that all the foregoing information is true to his/her own knowledge except as to matters therein stated on information and belief, and as to such matters, he/she believes them to be true. ` �°°"---�_�eee,,,�,_ Si ture licara Principal Officer) Subscribed and sworn to before me this q� day o �ll�� , 20 `3 - PA ZOU X14Nt3 Momryr Publ� �, Ny Corree�eion Explres.Nn St.E014 . ~y.j::..� a ) Regular Meeting of the Golden Valley Planning Commission July 8, 2013 A regular meeting of the Planning Gommission was held at the Golden Valley City Hall, Council Chambers, 7800 Golden Valley Road, Golden Valley, Minnesota, on Monday, July 8, 2013. Chair Kluchka called the meeting to order at 7 pm. Those present were Planning Commissioners Baker, Boudreau-Landis, Kluchka, McCarty, Segelbaum and Waldhauser. Also present were Community Development Director Mark Grimes, Planning {ntern Brett Angell and Administrative Assistant Lisa Wittman. Commissioner Cera was absent. 1. Approval of Minutes June 10, 2013 Regular Planning Commission Meeting Boudreau-Landis referred to the sighth sentence in the eighth paragraph on page three and stated that the word "be" should be changed to the word "but." Segelbaum referred to the first sentence in the sixth paragraph on page 3 and stated that the word "exited" should be changed to the word "excited." MOVED by McCarty, seconded by Segelbaum and motion carried unanimously to approve the minutes with the above noted corrections. Waldhauser abstained from voting. 2. Informal Public Hearing — Conditional Use Permit (CUP) -- 6124 Olson Memorial Highway — Auto Repair/Wheel Alignment in the Industrial Zoning District— CU-134 Applicant: Jeff M. Forss DBA The Alignment Guy Address: 6124 Olson Memorial Highway Purpose: To allow for an Auto Repair/Wheel Alignment business in the Industrial Zoning District. Angell explained that the applicant is seeking approval of a Conditional Use Permit to operate an auto repair/wheel alignment business at 6124 Olson Memorial Highway which is zoned Industrial. He stated that the exterior of the building will not be changing and that the applicant is not proposing to do engine repair or fluid changes. He reviewed the ten factors that the City must consider when reviewing a Conditional Use Permit request and said that staff is recommending approval of this request. Segelbaum referred to the land use designation and the zoning in this area and noted that it is the same area that the City has been considering rezoning. He asked what changes the City has been contemplating and how this proposal fits in with plans for that Minutes of the Golden Valley Planning Commission July 8, 2013 Page 2 area. Angell stated that the zoning in the area is being studied, however existing uses in the area would be allowed ta remain even if the properties were to be rezoned. Segelbaum asked if parking is an issue. Angell said staff feels that there is plenty of parking available. Waldhauser asked about the type of signage proposed. Jeff Forss, Applicant, stated that he would just need a small sign so people can find his space. Waldhauser asked about the hours of operation. Forss said his hours are generally 7 am ta 6 pm daily and some Saturdays. Kluchka asked who owns the property. Forss stated that a representative is in attendance. McCarty asked the applicant why he chose Golden Valley. Forss said that it is the perfect space for his business. The space is larger than his current space, it's easy to get to, it is within his budget and there is adequate parking. Kluchka opened the public hearing. Colin Quinn, Colliers International, representing the owner of the property, Welsh Partners, stated there is a large mix of tenants in this building and that the proposed use is suitable for this type of a small bay industrial building. He noted that the applicant has a lot of support for his business and that this building would be a long term home for the applicanYs business. Phil (no last name or address given), said he has known the applicant for a while and he is a technician he can trust. He said he would like to see the applicant find a place that is stable and in a central location since his customers come from all over the Twin Cities. Kevin McCarthy, Minneapolis, said he knows the applicant personally and professionally. He said he is socially and community engaged and really goes above and beyond the average business owner. Dr. Charles Kim, University of Minnesota, stated that trust is a big issue and something that is important to him and he really trusts the applicant. He said the applicant's business is done mostly through word of mouth and through his roots in the community. Seeing and hearing no one else wishing to comment, Kluchka closed the public hearing. Segelbaum said he thinks the proposal satisfies the ten factors the Planning Commission considers when reviewing a Conditional Use Permit application. MOVEQ by Baker, seconded by McCarty and motion carried unanimously to recommend approval of a Conditional Use Permit at 6124 Olson Memorial Highway to allow for an auto repair/wheel alignment business in the Industrial zoning district subject to the following findings and conditions: Minutes of the Golden Valley Planning Commission July 8, 2Q13 Page 3 Findinqs 1. The applicant has demonstrated need for the use. 2. The proposal is consistent with the City's Comprehensive Plan. 3. There will not be a negative effect on property values in the area. 4. The traffic generated from the proposed use will not conflict with current traffic in the area. 5. The density or population in the area will not increase due to the proposed use. 6. There will not be an increase in noise by the proposed use. 7. The proposed use will not create dust, odor or excessive vibration. 8. The proposed use will not attract animal pests. 9. The proposed use will not significantly alter the visual appearance of the existing building. 10.No other negative effects of the proposed use are anticipated. Conditions 1. The site plan shall become a part of this approval 2. All signage shall meet the requirements of Section 4.20 of City Code. 3. All future improvements to the building shall meet the City's Building Code requirements. 4. All other applicable local, state and federal requirements shall be met at all times. 5. Failure to comply with any of the terms of this permit shall be grounds for revocation. 3. Informal Public Hearing —Zoning Code Text Amendment— Adding Section 11.75 "Solar Energy Systems" —ZO00-91 (Continued Item) Applicant: City of Golden Valley Purpose: To consider the addition of Section 11.75 "Solar Energy Systems" to the Zoning Chapter of the City Code Angell reminded the Planning Commissioners that they tabled this item at their May 13, 2013 meeting. He reviewed the changes made to the ordinance based on the discussion from that meeting. Waldhauser referred to Subdivision 3(A)(2) and the language regarding non-flush solar systems not extending more than three feet above the surFace of the roof and asked if that requirement is due to safety issues. Angell said yes, it has to do with safety and wind issues. Waldhauser referred to Subdivision 4(F) regarding installation and asked if the term licensed contractor means a general contractor or an electrical contractor. Angell said he believes "licensed" means an electrician license. Grimes added that a general contractor could install the panels but an electrician would need to do the electrical work. Segelbaum referred to Subdivision 3(E) regarding setback requirements and stated that five feet seems like a small setback for solar energy system that might be quite large. Minutes of the Golden Valley Planning Commission July 8, 2013 Page 4 Waldhauser noted that five feet is the same setback requirement for all accessory structures. Grimes agreed and added that a solar energy system would alsa count against the amount of impervious surface coverage allowed. Kluchka asked if the five foot setback would be measured from the pole or from the outer perimeter of the system. Grimes said it would be measured from the outer perimeter. Kluchka suggested that be clarified to the ordinance language Baker referred to Subdivision 3(D) regarding a maximum allowed height of 10 feet and stated that that might be too restrictive. Angell stated that the language regarding height follows Minneapolis's ordinance and the Minnesota Solar Challenge suggested language. Waldhauser added that a 10-foot high pole could be screened. Baker stated that he doesn't think it's appropriate to count solar energy systems against the amount of impervious surface allowed because they are not on the ground. He suggested language be added ta state that these systems are not considered to be impervious surface because he doesn't want this ordinance to be too restrictive. Segelbaum referred to Subdivision 3(A)(3) and asked about the definition of"rooftop equipment." Angell stated that rooftop equipment refers to flush and non-flush mounted systems and everything that entails. Segelbaum questioned why screening is discussed in Subdivision 4(A) and in Subdivision 3(A)(3) and suggested the language be combined. Angell said the language in Subdivision 3(A)(3) could be removed and that it could remain in Subdivision 4(A). Kluchka opened the public hearing. Seeing and hearing no one wishing to comment, Kluchka closed the public hearing. Baker questioned if a definition for"Solar Gardens" is needed. Kluchka questioned what the language "grid connected subscriber" means. Segelbaum said he thinks it means that people are sharing electricity but they are still "on the grid." Baker questioned if the definition for "Solar Gardens" would be just as effective without using the words "grid connected subscriber." Kluchka agreed the definition sounds confusing and suggested it be changed. Angell said he would provide a better definition. McCarty referred to the definition of"Non-Flush Mounted Solar Systems" and suggested the word "pitch" be changed to the word "angle." Boudreau-Landis referred to Subdivision 3(A)(2) which states that non-flush mounted solar systems shall not extend more than three feet above the surface of a roof and questioned if that is adequate for a flat-roof commercial building or if it would be too restrictive. Angell explained that that language was modeled on St. Paul's ordinance and the Minnesota Solar Challenge language. Waldhauser added that if the system is taller, it would likely have to be structurally stronger and tied in to the building differently with added expense. Minutes of the Golden Valley Planning Commission July 8, 2013 Page 5 McCarty asked if solar energy systems would count against the 1,000 square feet of accessory structure space allowed on each property. Waldhauser stated that it would be more permissive to use pervious surFace requirements rather than to use accessory structure requirements. Kluchka said he thinks using the accessory structure requirements for solar energy systems is a good place to start. Grimes agreed that massing and impervious surface issues could be further studied. Segelba�m referred to Subdivision 3(C) and stated that the first use of the word energy should be removed. Boudreau-Landis stated the Subdivision 4(C)(2) regarding compliance is not needed because compliance is already covered in Subdivision 4(B). Baker questioned if anything will be lost by removing Subdivision 4(E) regarding systems not having more than a 10Q kilowatt capacity. Boudreau-Landis stated the word "required" in Subdivision 4(G) should be removed. McCarty said he wants consistency in the language throughout the ordinance and suggested the following changes: delete the words "building mounted" from Subdivision 3(A), change the word "must" to "shall" in Subdivision 3(A)(5), delete the word "all" in Subdivision 3(D), change the word "must" to "shall" in Subdivision 3(A)(E), delete the word "all" in Subdivision 4(B), delete the word "the" in Subdivision 4(D), reword Subdivision 4(F) to read "Solar Energy Systems shall be installed by a licensed contractor" and delete the words "required" and "all" from Subdivision 4(F)(G). MOVED by Segelbaum, seconded by Boudreau-Landis and motion carried unanimously to recommend approval of the addition of Section 11.75 "Solar Energy Systems" to the Zoning Chapter of the City Code with the changes discussed. --Short Recess-- 4. Reports on Meetings of the Housing and Redevelopment Authority, City Council, Board of Zoning Appeals and other Meetings No other meetings were discussed. 5. Other Business • Discuss 2012 Planning Commission Annual Report Grimes explained that the City Council has asked the Planning Commission to provide an update about their activities during the past year. He stated that the report to the Council could also include items of interest for future study and trends in planning and development. Kluchka added that his intent is to bring the Commission's priorities and issues the Commission would like highlighted to the Council. Minutes of the Golden Valley Planning Commission July 8, 2013 Page 6 The Commission discussed the items listed in the staff report and additional items such as reviewing the height limits in all of the zoning districts, senior housing and it's tie-in with transportation, affordable housing, housing variety, sections of the City Code that need revisiting, deciding if the Mixed Use zoning district is still appropriate in the I-394 Corridor and other areas it could be applied to, the proposed Performance zoning district language and form-based zoning. Kluchka said he would work on the report with staff and will be presenting in ta City Council at their August Council/Manager meeting. 6. Adjournment The meeting was adjourned at 8:44 pm. Charles D. Segelbaum, Secretary GOLDEN VALLEY OPEN SPACE & RECREATION COMMISSION Regular Meeting Minutes April 22, 2013 1. Call to Order Sandler called the meeting to order at 7:05 PM. Present: Roger Bergman, John Cornelius, Brad Kadue, Bob Mattison, Gillian Rosenquist, Jerry Sandler, Dan Steinberg, Rick Jacobson, Director of Parks and Recreation; Andy Soltvedt, Recreation Supervisor; Pat Dale and Levi Libra, Golden Valley Little League; and Sheila Van Sloun, Administrative Assistant. Absent: Kelly Kuebelbeck and Anne Saffert. 2. Aqenda Ghanqes or Additions None. 3. Approval of Minutes — March 18, 2013 MOTION: MOVED by Bergman and seconded by Steinberg to approve the March 18 meeting minutes. Motion carried unanimously. 4. Golden Vallev Little Leaque — Pat Dale and Levi Libra Dale gave an update on the 2013 season. He said approximately 205 kids are registered, which is the maximum for the league. He also said over the last 5 years, registration has been around 198, with the exception of last year which was maxed out at 205. He said more kids are coming out of the Robbinsdale School District than Hopkins. Participation is as follows: - 55 players in the Major League, youth age 12 - 72 players in the High Minors (Gold) League, youth ages 9-11 - 78 players in the Blue League, youth ages 6-8 Dale said the league is now allowing 6 year olds to play in the Blue League if they have a year of T-ball experience. The Blue League is also using a pitching machine with a four strike out rule. All three fields at Isaacson Park are in use this season. Parking has not been an issue. Dale said Isaacson will be hosting the Classic Tournament, which is for the #1 teams from each Little League program in the district. The tournament will take place the last two weeks in June. They will also be hosting the State Tournament in 2014. Minutes of the Golden Valley Open Space and Recreation Commission April 22, 2013 Page 2 Dale said they are in the process of upgrading the concession stand and hope to add batting cages, scoreboards and field lighting in the future. Mattison asked Dale to explain the scheduling and how lights would benefit. Dale said by having lights, they could start later in the day and go later, which would allow them more time to practice and the ability to stagger the days fields are used. Steinberg asked if they receive sponsorships. Dale said they doubled their sponsorships from last year with about 24 signs across the three fields. Steinberg wanted to know how Little League is different fram park and recreation ball programs. Soltvedt said the park and recreation programs are run mostly during the day and meets 1-2 days a week for six weeks. Little League is more competitive and meets more frequently. Cornelius inquired about the payment schedule for the fields. Dale explained they have approximately four years of payments remaining. Revenue comes mostly from concessions, tournaments and the paver program. He also said they will be hosting a wiffle ball tournament again this year, which will contribute to their revenue. 5. Recreation Report—Andv Soltvedt Soltvedt gave an update on his winter programs, beginning with youth basketball. There were 42 teams total with 19 teams from Golden Valley. There were 28 volunteer coaches, which received great feedback. The program is run in cooperation with St. Louis Park, Crystal and Robbinsdale and runs mid- January thru mid-March. Tap and Ballet runs fall thru mid-April with about 50 participants. The end of program recital took place on April 13 at Breck School. The program is instructed by mother and daughter, Tony and Nicki Nelson. Davis Community Center programs and open gyms are wrapping up and had great participation. Spring Adult Softball is scheduled to begin April 29, weather permitting. Men's league plays Monday-Thursday, with the Co-Rec league playing on Sunday's and run jointly with Hew Hope and Plymouth. The participants really enjoy the fields at Schaper. Many of the participants are returning teams. Soltvedt said there are seven Concerts in the Park scheduled this summer on Monday evenings with one on a Thursday evening, mid-June thru July 22 at Brookview Park's large shelter. Minutes of the Golden Valley Open Space and Recreation Commission April 22, 2013 Page 3 The Tennis program begins Saturday, April 27, weather permitting. Soltvedt anticipates great participation again this year. In 2011, there were just under 500 registrations and in 2012 there were 885. Both Steinberg and Cornelius spoke very highly of the tennis program. Soltvedt said as the participation numbers continue to grow, he remains mindful of the court usage by the program. He makes every effort to keep some courts available for public use. Soltvedt announced that he has taken a new position with Anoka County Parks - and Recreation. His last day with Golden Valley will be Monday, April 29. 6. Brookview Plavqround Replacement Jacobson said the existing playground equipment in Brookview Park was installed in 1995 and has been very heavily used over the years and is now scheduled for replacement. Jacobson said the plan is to keep the same footprint. He explained that safety and accessibility remain the main concerns. Jacobson said the city plans to get commission and community feedback for the new playground. The equipment is scheduled for replacement in the fall of 2013. 7. OSRC Update for Council A list of major topics discussed in 2012 was distributed. Sandler said the Council requested an annual update from each Gommission and he will present the report at the June CounciUManager meeting. 8. Updates Jacobson said the Turf Management Proposal has been taken to the next level. Notices were sent to the surrounding neighborhoods near Scheid, Welsey and Glenview Terrace Parks announcing the open house on April 4 regarding the proposal. Jacobson said the annual Bike Rodeo is scheduled for Wednesday, May 1 from 6:00-8:00 PM at Golden Valley City Hall. Jacobson said the annual Commission Dinner is scheduled in June at 6:30 PM at Brookview Community Center. Sandler encouraged the Commission to attend. Jacobson thanked Kadue for his time on the Commission. Minutes of the Golden Valley Open Space and Recreation Commission April 22, 2013 Page 4 9. Adiournment MOTION: MOVED by Kadue and seconded by Gillian to adjourn at 8:35 PM. Motion carried unanimously. Jerry Sandler, Chair ATTEST: Sheila Van Sloun, Administrative Assistant MINUTES Human Rights Commission City of Golden Valley 7800 Golden Valley Road Golden Valley, MN 55427 Council Conference Room June 25, 2013 Commissioners present: Jonathan Burris Adam Buttress Christopher Jordan Payton Perkins Andrew Snope Commissioners absent: Carla Johnson Ethan Meirovitz Debra Reisner City Council Liaison: Dede Scanlon, Gouncil Member Staff Liaison: Chantell Knauss Assistant City Manager Guests: Paula Pentel, Council Member Helene Johnson, Global Golden Valley The meeting was convened at 6:35 pm by Knauss. Introductions were made. International Day at Market in the Valley Helene Johnson of Global Golden Valley and member of the Envision Connection Project Board provided information on two upcoming events that are being sponsored by Global Golden Valley: July 4 Naturalization Ceremony and Celebration at City Hall and International Day at Market in the Valley on August 11. Global Golden Valley would appreciate volunteers from the Human Rights Cammission (HRG) to assist in these events. The next Global Golden Valley meeting for planning the International Day will be July 8 from 6:30-8:00 pm at the Hennepin County Library in Golden Valley. All Commissioners expressed interest in attending the planning meetings and assisting with both the July 4 Naturalization and August 11 International Day events. The July 8 meeting date of Global Golden Valley posed a time conflict with Commissioners not being able to attend. The consensus of the Commissioners was for Knauss to find out the meeting dates for Global Golden Valley, provide the dates to the Commissioners and then Commissioners will let Knauss know if they are going to attend the meeting(s). With eight members currently appointed to the HRC, Commissioners attending the Global Golden Valley meeting(s) needs to be limited to three or fewer to avoid a quorum. Human Rights Commission June 25,2013 Meeting Minutes Page 1 of 3 Review Human Rights Commission ByLaws Knauss reviewed the HRC ByLavus and provided opportunity for Commissioners to ask any questions regarding them. Review Guidelines for Advisory Commissions, Committees, Boards and Councils Knauss reviewed the Guidelines and provided an opportunity for Commissioners to ask any questions. She explained that the City Council requested the Guidelines be brought to a future Gouncil/Manager Worksession for review for consistency throughout the various Boards, Commissions and Committees. If Commissioners have an idea as to something they would like included in the Guidelines, they should let Knauss know and that can be brought forth for Council discussion. An update from the Council/Manager Worksession will be provided. Review of Council/Board/Commission Training held on June 12, 2013 HRC members were well represented at the training with seven out of the eight currently appointed Commissioners in attendance. This was the highest percentage attendance of all elected and appointed bodies. The training was conducted by an attorney from the City's liability insurance carrier, the League of MN Cities. The training covered the areas of: Open Meeting Law and the Data Practices Act. Knauss distributed DVD copies of the recorded presentation. Commissioners expressed that the training was informative and wanted to ensure that all new Commissioners would receive the same or similar training. Election of Officers Motion by Commissioner Burris, second by Commissioner Jordan to appoint Gommissioner Snope as Chair and Commissioner Buttress as Vice-Chair. Motion carried 5-0. Commissioner Snope resumed the Chair duties. Discuss 2013 Work Plan Ideas Commissioners discussed many possible ideas on what could be included in the 2013 Work Plan. Due to only six months remaining, it was the consensus of the Commission to limit their projects to one-finro for the 2013 year. Ideas for further research include: • September 11 - National Day of Service & Remembrance activity • Movie viewing with facilitated discussion following the viewing • Martin Luther King - Day of Action Adjourn Motion by Commissioner Buttress, second by Commissioner Burris to adjourn the meeting at 8:12 pm. Motion carried 5-0. Follow-up Items: • Knauss - find out dates of Global Golden Valley meetings & provide information ta Commissioners • Knauss - invite Susan Blood, Executive Director, Northwest Hennepin Human Services Council to July 30 meeting • Commissioner Buttress - research options for National Day of Service & Remembrance activities for HRC to sponsor and bring back to July 30 meeting Human Rights Commission June 25,2013 Meeting Minutes Page 2 of 3 • Commissioner Jordan - research options/facilitators for possible event to have a movie viewing followed by a community conversation for "MN Nice" or "Bully" Respectfully Submitted, Chantell Knauss Assistant City Manager Approved by HRC: July 30, 2013 Human Rights Commission June 25,2013 Meeting Minutes Page 3 of 3 �t��1 C)� � ��„ � Park and Recreation Department 763-512-2345/763-512-2344(fax) _: a - _- �. � . � _� � -� .. .._:��.��k � - Executive Summary For Action Golden Valley City Council Meeting August 20, 2013 Agenda Item 3. E. 1. Purchase of Golf Carts Prepared By Ben Disch, Brookview Golf Operatians Manager Summary Over the weekend of lune 21, 2013 the Brookview Golf Course had eight golf carts stolen. A report was filed with the Police Department. Theft is covered by the League of Minnesota Insurance Trust Policy. Due to the high need of golf carts and revenue they bring to the Golf Course, staff is recommending replacing the eight carts. Quotes were received from the following: Yamaha Golf& Utility $35,456.88 Ultimate Golf Carts $37,392.50 The League of Minnesota Cities approved the quote from Yamaha Golf& Utility for eight golf carts for $35,456.88 and staff is recommending the purchase from Yamaha. Recommended Action Motion to authorize the purchase of eight carts, from the lowest responsible bidder, Yamaha Golf & Utility for$35,456.88. C�l��1 �)� Planning Department T63-593-80951763-593-8109(fax) Executive Summary For Action Golden Valley City Council Meeting August 20, 2013 Agenda Item 3. F. Approval of Full Extension for Filing of Plat and Submitting Final PUD Plan Application - PUD #107 -The Towers at West End - Southwest Quadrant of I-394 and Highway 100- Duke Realty, Applicant Prepared By Mark W. Grimes, Director of Planning and Development Summary At the July 2, 2013 City Council meeting, the Council approved a motion to extend the submission date until December 14, 2013 (180 days) for#he Final PUD application and final plat for The Towers at West End PUD No. 107. The extension was subject to four conditions. Conditian No. 3 requires that City staff would report back to the City Council 60 days after the July 2, 2013 approval about whether or not Duke was demonstrating that it was making efforts to work with Metropolitan Council Environmental Services (MCES) about locating a permanent lift station for the construction of I-GV-461 Reliever on The Towers at West End site. If City staff found that Duke was making efforts to work with the MCES,the final 120 days of the extension would be approved by the City Council. If effort was not being made, the City Council could revoke the extension beyond 60 days. Public Works staff has been invalved in meetings and has been monitoring correspondence between MCES and Duke regarding the placement of the lift station and associated infrastructure needed for the construction of I-GV-461 Reliever. Based on the discussions that are underway, staff believes that efforts are being made by the MCES and Duke to site the lift station on the Duke property. Attachments • Executive Summary For Action dated July 2, 2013 (2 pages) Recommended Action Motion to approve full extension for filing of final plat and submitting Final PUD Plan Application for The Towers at West End PUD No. 107 to December 14, 2013 because City staff has determined that Duke has demonstrated it is making good faith efforts to work with MCES to locate a lift station for I-GV-461 on The Towers at West End property. The approval is subject to the following conditions: 1. Duke shall submit cash deposits as requested by the City to cover legal and engineering costs incurred by the City for consideration of the Preliminary Plan. 2. Duke will be financially responsible for road construction under TH 100 and intersection improvements on the east side of TH 100 and traffic calming along the frontage road east of TH 100, to occur at the time building permits are applied for by Duke. 3. Duke shall cooperate with Metropolitan Council Environmental Services (MCES) in the construction of the 1-GV-461 Reliever project. The Reliever project is required to be constructed by MCES to increase sanitary sewer capacity to serve Duke's West End development and other future development in certain parts of Golden Valley and St. Louis Park. MCES and Quke to reach a conclusion on the permanent location of the lift station,the force main alignment, and all other appurtenances needed for the construction of the 1-GV- 461 force main within the vicinity of the Duke property. All temporary and permanent easements shall be identified, and all land shall be transferred in connection with the project. If the City or MCES determines that there has not been adequate cooperation from Duke,the City retains the right to place additional conditions on future extensions to the Preliminary PUD Plan or the Final PUD Plan. C"1�� ' . Planning Department 763-593-8095/763-593-8109(fax) .��° .,�.��. . . �� . ��,�� Executive Summary For Action Golden Valley City Council Meeting July 2, 2013 Agenda Item 3. F. Approval of Conditional Extension for Filing of Plat and Submitting Final PUD Plan Application - PUD #107 -The Towers at West End - Southwest Quadrant of I-394 and Highway 100- Duke Realty, Applicant Prepared By Mark Grimes, Director of Planning and Development Jeannine Clancy, Director of Public Works Summary At the March 3, 2009 City Council meeting, the Council approved the Preliminary PUD Plan and Preliminary Plat for The Tawers at West End PUD No. 107. The Council has approved eight 180- day extensions since the original Preliminary PUD approval. The Preliminary PUD Plan and Preliminary Plat provide for the construction of a 4,000+ space parking deck attached to several office buildings that are located in St. Louis Park. Due to market conditions, Duke is requesting an extension for the filing of their applications for the Final PUD plan and the Final Plat. At this time, staff recommends that the extension of the PUD approval be a conditional 180 days. Staff will monitor the efforts by MCES and Duke to reach a conclusion on the permanent location of the lift station, the forcemain alignment, and all other appurtenances needed for the construction of the 1-GV-461 forcemain within the vicinity of the Duke property. All temporary and permanent easements shall be identified, and all land shall be transferred in connection with the project. Duke shall demonstrate to the City af Golden Valley its good faith efforts to act in accordance with the requirements af the PUD. Staff will report the status of Duke's progress with the MCES in 60 days (August 31, 2013). If adequate progress is being made to meet the terms of the PUD,the Council may extend the PUD for an additional term not to exceed 120 days (December 29, 2013). If adequate progress is not being made to meet the terms of the PUD, the Council may revoke any further extension of the PUD preliminary approval beyond the first approximate 60 days. Attachments • Location Map (1 page) • Email from Duke Realty requesting an extension dated June 11, 2Q13 (1 page) Recommended Action Motion to approve an extension for submittal of the Final PUD Plan application and the Final Plat for The Towers at West End, PUD No. 107 until December 29, 2013, subject to the following conditions: 1. Duke shall submit cash deposits as requested by the City to cover legal and engineering costs incurred by the City for consideration of the Preliminary Plan. 2. Duke will be financially responsible for road construction under TH 100 and intersection improvements on the east side of TH 10Q and traffic calming along the frontage raad east of TH 100, to occur at the time building permits are applied for by Duke. 3. Duke shall cooperate with the Metropolitan Council Environmental Services (MCES) in the construction of the 1-GV-461 Reliever project. The Reliever project is required to be constructed by MCES to increase sanitary sewer capacity to serve Duke's West End development and other future development in certain parts of Golden Valley and St. Louis Park. MCES and Duke to reach a conclusion on the permanent location of the lift station,the force main alignment, and all other appurtenances needed for the construction of the 1-GV- 461 force main within the vicinity of the Duke property. All temporary and permanent easements shall be identified, and all land shall be transferred in connection with the project. If the City or MCES determines that there has not been adequate cooperation from Duke, the City retains the right to place additional conditions on future extensions to the Preliminary PUD Plan or the Final PUD Plan. 4. Duke shall demonstrate to the City of Golden Valley its good faith efforts to act in accordance with the requirements of the PUD. Staff will report the status of Duke's progress with the MCES in 60 days. If adequate progress is being made to meet the terms of the PUD, the Council may extend the PUD for an additional term not to exceed 120 days. If adequate progress is not being made to meet the terms of the PUD, the Council may revoke any further extension of the PUD preliminary approval beyond the first approximate 60 days. If Council finds that adequate progress is being made to meet the terms af the PUD,the Council may permit the extension of the PUD preliminary approval to continue for the remaining approximate 120 days. i��i�� V� . V . it A ministratian Cauncil C y � / 763-593-8003/763-593-8109(fax) �! ��' �_ ,� � -� . i�!�,"�,"'�'..,�. . .�a..««��am��..r�.,�,:��a��' �:�'.p�..�.:'�:"�...a��.�re�ea,�„��...�s.u��.:.a.s�..... �'u��,:�.�,.:,��,.�.-.�:.._ Executive Summary For Action Golden Valley City Council Meeting August 20, 2013 Agenda Item 3. G. Authorization to Send Letter of Support to Three Rivers Park District Commissioner Freeman for Programming and Planning- Mary Hills and Rice Lake Nature Areas Prepared By Thomas Burt, City Manager Summary At the August 13 Council/Manager Meeting the Council discussed the potential of allowing the Three Rivers Park District to conduct cooperative programming and planning for Mary Hills and Rice Lake Nature Areas and the adjacent Sochacki Park in Robbinsdale. The Council directed staff to prepare a letter of support to explore cooperative options and determine if there is a mutually beneficial arrangement to tap into the Three Rivers Park District to assist in its management. Attachment • Letter to Three Rivers Park District Board of Directors dated August 21, 2013 (1 page) Recommended Action Motion to authorize the Mayor to sign the letter to the Three Rivers Park Distriet Commissioner Freeman to support cooperative programming and planning at Mary Hills and Rice Lake Nature Areas. August 21, 2013 Commissioner Dan Freeman Three Rivers Park District Board of Commissioners Three Rivers Park District 3000 Xenium Lane North Plymouth, MN 55441 Dear Commissioner Freeman: Thank you for the opportunity to discuss potential cooperative programming and planning for Mary Hills and Rice Lake Nature Areas and the adjacent Sochacki Park in Robbinsdale. We understand that Three Rivers Park District provides recreational opportunities on a regional basis and has a limited presence in the first tier suburbs. We appreciate your willingness to examine the potential of our large park areas as regional assets. The wooded and wetland areas spanning Mary Hills and Rice Lake Nature Areas in Golden Valley and the adjacent Walter Sochacki Park in Robbinsdale provide nearly the acreage of the regional parks in many of the suburban areas. Along with a variety of recreational trails, wildlife and vegetation, this area also demonstrates how nature is reclaiming an old construction fill site. It is prized as a quiet refuge hidden in a developed area with many opportunities to view wildlife and explore away from the noise and activity found in most urban parks. We understand there may be a variety of cooperative options, including Joint Powers arrangements, Cooperative Programming agreements, or even cooperative grant applications. We are interested in exploring all of these options to determine if there is a mutually beneficial arrangement in which our natural settings can be highlighted and the Three Rivers Park District resources tapped to assist in management of this large area. On behalf of the City Council, we look forward to future discussions with your team and exploring options. Sincerely, Shep Harris Mayor c: Superintendent Cris Gears C��°` �� _ �. Police Department 763-593-8079/763-593-8098(fax) _. _. . y, _ �.�� .._, � � . .� � ��e �� ;�:°�- � Executive Summary For Action Golden Valley City Council Meeting August 20, 2013 Agenda ltem 4. A. Continued Pubtic Hearing- Precious Metal Dealer License Renewal -Jewelry Manufacturer's Exchange, Inc. Prepared By Stacy A. Carlson, Chief of Police Summary When Jewelry Manufacturers Exchange Inc. (JME) was approved for renewal in 2012, it was with the understanding that beginning January 1, 2013 the business would need to start entering their applicable transactions into the Automated Pawn System (APS). JME did not enter their transactions as required for the first many months of 2013. In speaking with JME, some saftware issues caused a delay in data entry at the start of the year, but it was still the responsibility of JME to resolve those with APS software staff. It was not until the renewal period arose in June 2013 that JME began correctly entering the required data. JME has approximately 300 past transactions from earlier in the year that were not entered, nor was the appropriate info obtained from the customer to allow entry of the transactions retroactively. At this time,JME understands the requirements of the City Code and staff is recommending Council approve a three month conditional renewal. If during the three months from August 21, 2013 through November 21, 2013 JME correctly abides by the City Code relative to every transaction, the business license would automatically renew through the remainder of the license periad, ending June 30, 2014. Recommended Action Motion to approve the automatic renewal of the precious metal dealer license for Jewelry Manufacturers Exchange, Inc. (JME)through June 30, 2014 if City Code requirements for sales transactions are met during the period of August 21, 2013 through November 21, 2013. �:z�� : Planning Departmenfi 763-593-8095/763-593-8109(fax) Executive Summary For Action Golden Valley City Council Meeting August 20, 2013 "60 Days" Deadline: October 9, 2013 Agenda Item 4. B. Public Hearing- Ordinance#S05 - Rezoning from Single Family Residential Zoning District (R-1) to Moderate Density Residential Zoning District (R-2) - 7901 23rd Avenue North - D.J. Chawla, Applicant Prepared By Joe Hogeboom, City Planner Summary D.1. Chawla is proposing to rezone the property at 7901 23rd Avenue North to accommodate tlie construction of a twinhome. The property is currently zoned "Single Family Zoning District (R-1)." The proposed new zoning designation is "Moderate Density Residential Zoning District (R-2)." The Moderate Density Residential Zoning District (R-2) permits single family homes and twin homes/duplexes. Both R-1 and R-2 zoning classifications are considered "Low Density Residential" in the City's Comprehensive Plan, so no General Land Use Plan amendment is needed for this rezoning request. The Planning Commission voted to recommend approval of this request. In addition, the Board of Zoning Appeals voted to grant a variance to allow the proposed residence to be constructed closer to Winnetka Avenue than permitted by City Code (due to right-of-way acquisition by Hennepin County). Attachments • Location Map (1 page) • Planning Commission Minutes dated July 22, 2013 (6 pages) • Memo to the Planning Commission dated July 17, 2013 (1 page) • City Code Section 11.22: Moderate Density Residential Zoning District (R-2) (4 pages) • Official Zoning Map (1 page) • Ordinance No. 505, Rezoning from Single Family Residential Zoning District (R-1� to Moderate Density Residential Zoning District (R-2), 7901 23rd Avenue North, D.J. Chawla, Applicant (1 page) Recommendation Motion to adopt Ordinance No. 505, Rezoning from Single Family Residential Zoning District (R-1)to Moderate Density Residential Zoning District (R-2), 7901 23rd Avenue North, D.J. Chawla, Applicant. W � ��4� 8020 8000 ; t� � j 2�0 7980 2337 � _ ___ ._, __ ... _ Wyn�wood Ftd _. _ _. _ i 2 � ,� �' � 8UA5 8015 Z315 � 2320 2325 D 2 c m > z a N '� 23D0 > ' 2�D �n�� 8020 8000 � 3 . , � � -.. _. w �. ._ .,_ _ �_ _+ _ _ _ _ 23rdAveN _ .. ._ _.. _ _ _ _ _ _ _ _. _ ....� _. _ ..., _ _ �, _. _ .. .� .._ ... _ .... _ ._ _ _ _ __ �. � i � '/�i�� .. 2255 1 �/�i'ii.�� 4 225U �955 79�25 �/, .. r.. ' "�•�j/ � 785� 851 78�3 8,11 Subject Property � �"��"`;" ' ��f%� �r,,;�/i ,��;,;�%,�, zaas %r;;;;%%;,;r,%� r -� �-.,,, Goiden Flearlows P'orrd ^ 22D9 , 2202 2200 7980 2205 2 79A0 7920 2205 D�etola Pond A y Pennsylv�nia Woods a N- -veEde�s ct _ ` 2tt2 � �� , 2145 y . . ' ' .�._� � �� 79�0 ' , 2140 � 7945 � ... `� �� i � � ' 2135 A ` ' �120 2130 � 2125 � 21U5 ' 80t10 S 7$4� 7$10 7690 205fl 7�4b , 2105 ` t _. ._ _. .. _ Winnctka Heights Dr __ _, j_e _ _ _ __ _ _. _. Winnetka Heiyhfs Dr_. _ ._ _. ._ _ _ _ _ W:F+rcvaedw�:+.�iA-eiNS Lucry-:�lKiC;.t.'Ka6'�',C�ti2]"!5 _� i � '9iJI1 Regular Meeting of the Golden Valley Planning Commission July 22, 2013 A regular meeting of the Planning Co mission was held at the Golden Valley City Hall, ouncil Chambers, 7800 Golden Vall y Road, Golden Valley, Minnesota, on Monday, Jul 013. Chair Kluchka called t meeting to order at 7 pm. Those present we lanning Commi ioners Baker, Boudreau-Landis chka, Segelbaum and Waldha . Also pre ent was City Planner Joe eboom and Administrative Assistant Lisa an. Commissioners Cer McCarty were absent. 1. Approval of Minutes July 8, 2013 Regular Plannin missio eeting Boudreau-Landis stated t ommissi ner Baker should be ded to the list of those present. Waldhau referred to the last senten on page four and stated that she would like it to be re rded as follows: "Waldhauser a ded that if the system is taller, it would likely have t e structurally stronger..." 2. Informal Public Hearing — Property Rezoning — 7901 23rd Avenue North — Z019-06 Applicant: Sohan Singh and Swarn Singh Address: 7901 23�d Avenue North Purpose: To rezone the properties from Single Family Residential (R-1) to Moderate Density Residential (R-2) in order to construct a twin home 3. Informal Public Hearing — Minor Subdivision — 7901 23�d Avenue North — Chawla Estates — SU19-05 Applicant: Sohan Singh and Swarn Singh Address: 7901 23�d Avenue North Purpose: The proposed subdivision would create two parcels with a "zero lot line" to allow for the construction of a twin home Items 2 and 3 were discussed together. Hogeboom referred to a map of the subject the property and stated that it is currently zoned Single Family Residential (R-1) and guided Low Density Residential on the Comprehensive Land Use Plan Map which includes properties that are zoned R-1 or R-2. Minutes of the Golden Valley Pianning Commission July 22, 2013 Page 2 He explained that the property is 14,288 square feet in size and has been historically vacant. Hogeboom explained the applicant's request to construct a twin home, the front of which would face 23rd Avenue North. To accomplish this, the properky must be rezoned from R- 1 to R-2. The applicant is also requesting to subdivide the property into finro lots (with a zero lot line) which requires a waiver from the Subdivision Code to allow the lot width along the north setback line to be 97.1 feet in width instead of the required 100 feet. In addition, the applicant is seeking a variance from the Zoning Code requirements to allow the home to encroach into the front yard setback area along Winnetka Avenue due to the fact that the County will be taking an additional seven feet of right-of-way along Winnetka Avenue. Segelbaum asked if findings are required when considering a rezoning request. Hogeboom stated that findings are required for the subdivision request, but are not needed for the rezoning request. Waldhauser referred to the qualifications governing the approval of a minor subdivision and stated that the first qualification is that minor subdivisions shall be denied if the proposed lots do not meet the requirements of the appropriate zoning district. Hogeboom stated that if the zoning variances are granted by the Board of Zoning Appeals than the lots will meet the requirements of the R-2 Zoning District. He clarified that this proposal would not require any variances if the County were not taking seven additional feet of right-of-way. Segelbaum asked if there are City records of anyone ever attempting to develop this property in the past. Hogeboom said he is not aware of any proposed developments on this property, but he knows there has been interest in the properties. He explained that there are soil issues on this property that the applicant will be required to address. Waldhauser asked if soil conditions were present on the property to the south. Hogeboom said he believes so. He added that he is also aware that there was some filf put on this property in the past that might need to be modified. Kluchka asked if the soil conditions are driving where on the lot the home is proposed to be placed. Hogeboom said no. The location of the proposed home is due to setback requirements, site lines and other requirements. He added that soil mitigation will need to be done no matter where the home is placed on the lot. Kluchka asked if there are water issues with any other properties in the area. Hogeboom said he hasn't heard of any, but he knows the City Engineer is considering this proposal very carefully because of the known issues on this property. DJ Chawla, Real Estate Agent representing the applicant, stated that the applicants are brothers and they want to live next to each other. They considered building two single family homes, but a twin home would meet their needs and be less expensive to build. Minutes of the Golden Valley Planning Commission July 22, 2013 Page 3 Segelbaum asked who owns the property. Chawla stated that Dwayne Meier is the owner of the property. Segelbaum asked about the status of the purchase of the property. Chawla stated that the purchase is contingent on the City approving the rezoning and subdivision requests. Segelbaum asked how long the property has been for sale and how long Mr. Meier has owned it. Chawla stated that Mr. Meier has owned it for several years and he has tried to selt it many times. Segelbaum asked Ghawla if he has ever developed property before. Chawla said his normal business is selling houses not developing property. Waldhauser asked Chawla if he has built houses in this area with this type of soil. Dave Gardner, builder, said he built a house last year that required soil corrections. He explained tha#this proposed finrin home will be built on helical piers. Baker asked about the amount of displaced soil and the number of piers that will need to be installed. Gardner said approximately 70 piers will be installed and that these types of piers don't displace very much soil. Segelbaum asked if he has looked at soil conditions on other properties in the area. Gardner said he knows that the townhomes south of this property used pilings in their construction. Segelbaum asked if any of the neighbors have expressed concerns. Gardner said he hasn't heard from any of the neighbors. Baker asked if there is any evidence of a structure ever being on this property. Hogeboom said no. Ktuchka opened the public hearing. Ben Steinbach, 7925 23�d Avenue North, said he frequently has flooding issues and has witnessed standing water on the property in question. He said he would prefer that the area be kept single family and that a single family home be built next to him. Nick Kettner, 2300 Valders Avenue North, said he has also witnessed standing water on the property and he thinks the proposed new house would be under water every time it rains and added that the intersection of 23�d Avenue North and Winnetka Avenue is impassable in strong storms. He said that the last time he saw someone taking a soil sample on the property their truck sunk two feet into the ground and had to be pulled out. He doesn't see how this property is usable unless 42 feet of soil is taken out and replaced with good soiL Rosa Stein, 7920 Valders Court, said she has walked dogs though the subject property and noticed that there is often standing water. She said all of Minneapolis is a wetland and that there are ways to work with it. Kluchka asked Stein if she has had water issues on her property. Stein said no. Minutes of the Golden Valley Planning Commission July 22, 2013 Page 4 Annette Dreier, 2225 Valders Avenue North, said she started having problems with water and had to have her basement waterproofed after the Pennsylvania Woods project. She said her sump pump runs full time and she knows the property at 2250 Valders Avenue North has the same problems. Seeing and hearing no one else wishing to comment, Kluchka closed the public hearing. Baker asked for clarification on the criteria used in determining if a lot is buildable. Hogeboom stated that staff considers grade, slope, and delineated wetlands among other things when determining if a lot is buildable. In this case the lot is not in a delineated wetland and is considered a buildable lot. However, there will be a significant amount of soil mitigation and stormwater management required. Waldhauser questioned where the water goes from all of the sump pumps in the neighborhood. Hogeboam said the water goes to the ponds in the area and into the storm sewer system. Kluchka said he is deferential to the City Engineer's recomrnendation whether the lot is buildable or not, and he's not sure whether it is the Planning Cammissians purview ta decide if a lot a buildable. Baker said he thinks it is good that the Planning Commission asks about these types of issues so that buyers will be aware. Kluchka said he feels the buyer and builder are well aware of the soil and water conditions on this property. Waldhauser said her concern is that this project won't aggravate any water issues the neighbors already have. Segelbaum questioned if the R-1 zoning district is more appropriate for this property than the R-2 zoning district since the sale history is unknown. He said he hasn't heard justification yet for rezoning the property and it would seem like "spot zoning" if the broader area isn't considered. He added that he was alsa surprised that the Zoning Map didn't shaw more R-2 zoned properties because there are other duplexes and townhomes in this area. Hogeboom stated that staff has received a number of phone calls over the last several years regarding the development of this property. He explained that some of the existing R-2 properties in the area are grandfathered in because duplexes were allowed at one time in the R-1 zoning district. Waldhauser said she is not sure she understands Segelbaum's concerns because this is a difficult and expensive lot that could work with this propased twin home since the owners will share the significant engineering costs. She said she doesn't consider rezoning this property to R-2 ta be "spot zoning" because the property can't really be developed without rezoning it. She added that the proposal is acceptable to the buyer and the seller and questioned if the property would even be salable for a single family home. Chawla reiterated that there are other townhomes and twin homes in the area. He stated that the property has been on the market for years, and there have been offers but the cost of soil mitigation ruins them. Gardner stated that he doesn't think a $350,000 to Minutes of the Golden Valley Planning Commission July 22, 2013 Page 5 $400,000 single family home would be viable on this property since the soil correction and the price of the lot will be almost $100,000. Baker questioned if the Planning Commission feels confident that the stormwater management on this property won't adversely impact any of the neighboring properties. Kluchka noted that if this proposal didn't include a subdivision request the stormwater issues wouldn't be part of the Planning Commission review or discussian at all. Hogeboom reiterated that the stormwater management on this property will be closely monitored. Waldhauser stated that this property could pick up some of the starmwater already in the area which could be a benefit to the neighborhaod. Hogeboom said he would talk to the City Engineer about the neighbor's concerns. Kluchka questioned how much of this neighborhood would be amenable to R-2 zoning since there are other R-2 and Commercial properties nearby. He said he thinks R-2 zoning is appropriate for this property considering the other uses in the vicinity. MOVED by Waldhauser, seconded by Boudreau-Lands and motion carried 4 to 1 to recommend approval of rezoning the properties from Single Family Residential (R-1) to Moderate Density Residential (R-2). Segelbaum voted no. MOVED by Waldhauser, seconded by Baker and motion carried 3 to 2 to recommend approval of the Minor Subdivision proposal including the waiver request from Section 12.20, Subdivision 5(A) of City Code allowing the property to be 97.1 feet in width along the north setback line for the property at 7901 23�d Avenue North subject to the following and findings and conditions. Commissioners Kluchka and Segelbaum voted no. Findinqs 1. The proposed lots measure 97.1 feet in width along the north setback line. 2. Section 12.20, Subdivision 5(A) of City Code requires that lots in the R-2 Zoning District measure at least 100 feet in length on street abutting sides. 3. Hennepin County intends to acquire right-of-way for future needs along CSAH 156, thus eliminating the ability for this site to achieve that requirement along the north setback line (23rd Ave. No.) therefore, the Planning Commission recommends approval of a waiver to Section 12.20, Subdivision 5(A) of City Code allowing the property to be 97.1 feet in width along the north setback line. Conditions 1. The City Attorney will determine if a title review is necessary prior to approval of the Final Plat. 2. A Park Dedication Fee of $180 shall be paid prior to approval of Final Plat. 3. The recommendations and requirements outlined in the memo from City Engineer Jeff Oliver to Mark Grimes, Community Development Director, dated July 15, 2013, shall become a part of this approval. 4. A Subdivision Development Agreement will be drafted at the time of Final Plat approval. 5. All applicable permits shall be obtained prior to the development ofi the new lots. Minutes of the Golden Valley Planning Commission July 22, 2013 Page 6 6. This approval is subject to all other state, federal, and local ordinances, regulations, or laws with authority over this development. --Sh rt Recess-- 4 Reports on Meetings of the Hou ing and Redevelopment Authority, City Council, Board of Zoning Appe s and other Meetings No ot er reports were given. 5. O er Business • ouncil Liaison Report Council Membe chmidgall was in atte dance and discusse e formation of a committee to gui the City's participati n in the Bottineau ransitway station area planning process. stated that the Co ncil would like e committee to include two Planning Commissio rs to help study otential impa s, parking, and access among other things. Schmidgall explained that e Cities of older� alley, New Hope and Crystal are moving � forward with and emergenc ater sup ly p n which may include wells near each reservoir in case supply from inneapo is ' ever lost. • Bottineau Transitwa on Area Planning Committee Hogeboom gave a brief history o he ttineau Transitway project. He stated that Hennepin County is starting th statio ea planning process this falf in order to study both the Golden Valley Road nd Ply ou� Avenue stations even though there will likely only be one station in Gold n Valley. he st y will include several issues including: land uses, parking, station de gn and acc ; s for b es, cars and pedestrians. i � After discussion, the onsensus was, `ince finro mmissioners were absent, that they would like Hogebo to email the inf �-mation to al f the Planning Commissioners and talk about who w Id like to volunteer;o be on the S tion Area Planning Committee at the next regula lanning Commissio i meeting. i i 6. Adjo rnment The me mg adjourned at 8:44 harles D. Segelbaum, Secretary t�� " � : ,� ��,�� . �� PI ' �� anning Department 763-593-8095/763-593-8709(fax) Date: July 17, 2013 To: Planning Commission From: Joe Hogeboom, City Planner Subject: Informal Public Hearing— Rezoning Petition—7901 23rd Ave. No. D.J. Chawla., Applicant Background D.J. Chawla is proposing to rezone the property at 7901 23rd Ave. No. to accommodate the construction of a twinhome. The property is currently zoned "Single Family Zoning District (R-1)." The proposed new zoning designation is "Moderate Density Residential Zoning District (R-2j." Property records indicate that this property has always been vacant. Soil boring records indicate that this property was once swampland and was filled by previous property owners with compressible organic soils. This created drainage issues on the property. The applicant will have to work with the City's Public Works Department to ensure that drainage issues are properly mitigated on this site. This will be achieved through the Stormwater Management process, which must be completed prior to the obtainment of a building permit. The Moderate Density Residential Zaning District (R-2) permits single family homes and twin homes/duplexes. 8oth R-1 and R-2 zoning classifications are considered "Low Density Residential" in the City's Comprehensive Plan, so no General Land Use Plan amendment is needed for this rezoning request. Recommendation Staff recommends approval of the Rezoning Petition, rezoning 7901 23rd Ave. No. from "Single Family Zoning District (R-1)"to "Moderate Density Residential Zoning District (R-2)" in order to accommodate the future development of a twinhome. Attachments Location Map (1 page) Moderate Density Residential Zoning District (R-2) Section of City Code (4 pages) Official Zoning Map (1 page) § 11.22 Section 1i.22: Moderate Density Residential Zoning District (R-2) Subdivision 1. Purpose The purpose of the R-2 Zoning District is to provide for single and two-family dwellings at a moderate density (up to eight (8) units per acre) along with directly related and complementary uses. Subdivision 2. Dis#rict Established Properties shall be established within the Two-Family (R-2) Residential 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 11.22, Subdivision 2 by an ordinance which makes cross-reference to this Section 11.22 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 Two-Family (R-2) Residential Zoning Districts thus established, and/or any subsequent changes to the same which shall be made and established in a similar manner, shall be reflected in the official zoning map of the City as provided in Section 11.11 of this Chapter. Subdivision 3. Permitted Uses The following uses and no other shall be permitted in the R-2 Residential Districts: A. Single Family dwellings B. Two-Family dwellings C. Townhouses D. Foster Family Homes E. Home occupations, as regulated by Section 11.21, Subdivision 15 F. Essential Services - Class I G. No more than one (1) kitchen area and one kitchenette shall be permitted in each dwelling unit Subdivision 4. Accessory Uses The following accessory uses and no other shall be permitted in the R-2 Zoning District: A. Accessory structures, including private garages as defined in this Chapter. Subdivision 5. Conditional Uses The following conditional uses may be allowed after review by the Planning Golden Valley City Code Page 1 of 4 § 11.22 Commission and approval by the Council following the standards and procedures set forth in this Chapter: A. Residential facilities serving from seven (7) to twenty-five (25) persons B. Group foster family homes Subdivision 6. Buildable Lots In the R-2 Residential Zoning District a lot of a minimum area of eleven thousand (11,000) 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-2 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-2 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 thirty percent (30%) of the lot area. Total impervious surface on any lot shall not exceed fifty percent (50%) of the lot area. Subdivision 10. Principal Structures Principal structures in the R-2 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-2 Zoning District. Garages or other accessory structures which are attached to the house or main structure shall also be governed by these setback requirements, except for stair landings up to twenty-five (2S) square feet in size and for handicapped ramps. 1. Front Setback, The required minimum front setback shall be thirty-five (35) feet from any front property line along a street right-of-way line. Open front porches, with no screens, may be built to within thirty (30) feet of a front property line along a street right-of-way line. 2. Rear Setback. The required rear setback shall be twenty percent (20) of the lot depth. 3. Side Setback. The required side setback shall be fifteen (15) feet. 4. Corner Lot Setbacks. To determine the rear yard setback, use the longer lot line. To determine the side yard setback, use the shortest lot line. Golden Valley City Code Page 2 of 4 § 11.22 B. Height Limitations. No principal structure shall be erected in the R-2 Zoning District to exceed a height of thirty (30) feet as defined in the City's building code. C. Cornices and Eaves. Cornices and eaves may not project more than thirty (30) inches into a required setback. D. Decks attached to principal structure. Decks over eight (8) inches from ground level shall meet the same setbacks as the principal structure. Subdivision 11. Accessory Structures Accessory structures shall be governed by the following requirements: A. Location and Setback Requirements. The following location regulations and setbacks shall be required for accessory structures in the R-2 Zoning District: 1. Location. A detached accessory structure shall be located completely to the rear of the principal structure, unless it is built with frost footings. In that case, an accessory structure may be built no closer to the front setback and side setback as the principal structure. If an addition is built on to an existing principal structure that would create a situation where an existing garage or accessory structure would not be completely to the rear of the addition to the principal structure, the addition to the principal structure may be built and the existing garage or accessory structure may remain and be considered conforming as long as there is at least ten (10) feet of separation between the existing principal structure with the addition and the existing garage or accessory structure. Additions may be made to the existing garage or accessory structure as Iong as the ten (10) feet of separation can be met. 2. Front Setback. Accessory structures shall be located no less than thirty- five (35) feet from the front property line along a street right-of-way line. 3. Side and Rear Setbacks. Detached accessory structures shail be located no less than five (5) feet from a side or rear yard property line. 4. Separation between Structures. Accessory structures shall be located no less than ten (10) feet from any principal structure and from any other accessory structure. B. Height limitations. No accessory structure shall be erected in the R-2 Zoning District to exceed a height of one (1) story. One (1) story may not exceed ten (10) feet from the floor to the top plate. Attic space in accessory structures shall be used only for storage and/or utility space. C. Garage Construction Required. No building permit shall be issued for the construction of a new principal structure in the R-2 Zoning District not Golden Valley City Code Page 3 of 4 § 11.22 including at least a one (1) stall garage per dwelling unit. Single family dwelling units shall require a two (2) stall garage. D. Accessory structures including detached and attached garages, detached sheds, greenhouses and gazebos shall be limited in size to a total of six hundred fifty (650) square feet per dwelling unit. Swimming pools are not included in this requirement. E. Decks. Free standing decks or decks attached to accessory structures shall meet the same setback requirements as accessory structures. F. Swimming pools. Swimming pools shall meet the same setback and location requirements as accessory structures. G. Central Air Conditioning Units. Central air conditioning units shall not be allowed in the front yard of any single or two-family dwelling. Source: Ordinance No. 371, 2nd Series Effective Date: 07-13-07 H. Photovoltaic Modules. Free-standing Photovoltaic modules, including solar panels and other photovoltaic energy receivers, which are in excess of three (3) square feet shall meet the same setback, location and height requirements as accessory structures. Source: Ordinance No. 443, 2nd Series Effective Date: 8-13-10 Subdivision 12. Garden Structures Garden Structures shall be located no closer than five (5) feet to any property line. Garden Structures shall not exceed ten (10) feet in height. 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City Code CMapter 11 entitied "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 Residential Zoning District (R-1) to Moderate Density Residential Zoning District (R-2). Section 2. The tracts of land affected by this ordinance are legally described as: Lot 1, Block 1, E.A. Anderson Addition 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 20th day of August, 2013. /s/Shepard M. Harris Shepard M. Harris, Mayor ATTEST: /s/Susan M. Virniq Susan M. Virnig, City Clerk Cl��1 t�� Planning Department , 763-593-8095/763-593-8149(fax) �--<,,..�� '� �tiu�l�a�iu�r��a�,w;up��„tt�� ;�k�ai�ik�i��l�i1!n�iik�i��wpa(. ��,�,�M��..�.. I ��,._...,.. � _ ... _ .. Executive Summary For Action Golden Valley City Council Meeting August 20, 2013 Agenda Item 4. C. Public Hearing- Preliminary Plat Approval - Chawla Estate- 79Q1 23rd Avenue North Prepared By Joe Hogeboom, City Planner Summary At the July 22, 2013 Planning Commission, the Commission voted to recommend approval of the minor subdivision of property located at 790123rd Avenue North. The proposed subdivision is proposed to be called Chawla Estate. The recommendation of the Planning Commission also includes a subdivision variance that would permit a proposed development to have a lot width of less than 100 feet along 23rd Avenue North, as required by the Subdivision Code. The staff report that went to the Planning Commission dated July 18, 2013 is attached and describes the minor subdivision. The July 22, 2012 minutes of the Planning Commission describe the deliberation by the Commission in making their recommendation. The recommendation made by the Planning Comrnission includes findings for the approval of the Subdivision Code variance. Attachments • Location Map (1 page) • Planning Commission Minutes dated July 22, 2013 (6 pages) • Memo to the Planning Commission dated July 18, 2013 (3 pages) • Memorandum from City Engineer Jeff Oliver and Public Works Specialist Eric Eckman dated July 15, 2013 (3 pages) • Survey (1 page) • Site Plans (5 pages) Recommended Action Motion to approve the Preliminary Plat for Chawla Estate, 790123rd Avenue North subject to the following conditions: 1. The City Attorney will determine if a title review is necessary prior to approval of the final plat. 2. A park dedication fee of$180 shall be paid before final plat approval. 3. The City Engineer's memorandum, dated July 15, 2013 shall become part of this approval. 4. A Subdivision Development Agreement will be drafted for review and approval by the City Council that will include issues found in the City Engineer's memorandum. 5. All applicable City permits shall be obtained prior to the development of the new lots. Further, the City Council approves a waiver from Section 12.20, Subdivision 5(A) of City Code, finding that; 1. The proposed lots measure 97.1 feet in width along the north front setback line. 2. Section 12.20, Subdivision 5(A) of City Code requires that lots in the R-2 Zoning District measure at least 100 feet in length on street abutting sides. 3. Hennepin County intends to acquire right-of-way for future needs along CSAH 156, thus eliminating the ability for this site to achieve that requirement along the north front setback line (23rd Avenue North). , � _ N 8040 8fl20 8000 { 0 " ` 2�0 £ 798U 2337' a ,_.. ,. _ �,_ _. Wynnwood R0 ._ _ _ _. _ � 1 � 1 � SOaS 8d15 ' 2320 2325 °' 2375 Za z � � � � a t � � 2soo '° ' s�a 80d0 Sfl2b SUOa � i ' 4 ' • t { � 1 _ .�. __ _ _ __ _ __ _� .� � _ — z��aa�Er� — _. _. _ _ _ _ _ � _ _ _ — �. -- _ _ _ _ _ _ _ _ _ _ _ � _ _ �. _ _ _ _ w. _ _.. � i 1 �i��r�. � �,_� 2155 � ��' ' 2250 7955 79�?5 �/%,;,�' ��/,i;�i�'�rrf : r „�� as� ssi 78�3 $�1 Subject Property �:�''�;' ,,;%;�!/;,,,�„� ry . ��ij'�'/�l%�.� �LZS j � GaJden Meado�'ws Pond 2209 , 22D2 2200 79$fl 2205 � 7940 7920 2205 peCOta Pond A ; , P+ennsyivania iWoads a ��- 'Vatciers Ct - � � 2142 v � ' 2145 j + 2140 1 T940 i � � W ? � 7945 � A,, . � • 2135 � + ~ i 2110 2130 2115 , 2105 8000 2050 ' 7840 i81(I 7$00 yi40 , ; , 2105 � ` t ` � � Winnetka Heights Dr '" ' � ; _.. _ �. _. �, ._ - - Winnetka Heights Dr'. - _ _ __ _ _ _ ia.xicoaw:Iw�.s-�.A-ctt15 C:c�,-..3r.4'�;-c.'iC;u"Gt521:�5 _� s i 4 ,9yf1 � Regular Meeting of the Golden Valiey Planning Commission July 22, 2013 A regular meeting of the Planning Commission was held at the Golden Valley City Hall, Council Chambers, 7800 Golden Val ey Road, Golden Valley, Minnesota, on Monday, 22, 2013. Chair Kluchka called t e meeting to order at 7 pm. Those pres were Planning Commi sioners Baker, Boudreau- ndis, Kluchka, Segelbaum and dhauser. Also pr sent was City Pla oe Hogeboom and Administrative Assista isa Wittma . Commissio Cera and McCarty were absent. 1. Approval of Minutes July 8, 2013 Regular P ing ission Meeting Boudreau-Landis st that Commi ioner Bake ould be added to the list of those present. . Waldha er referred to the last sente ce on page four and stated t t she would like it to be r orded as foltows: "Waldhauser added that if the system is taller, it would likely have e structurally stronger..." 2. Informal Public Hearing — Property Rezoning — 7901 23rd Avenue North — Z019-06 Applicant: Sohan Singh and Swarn Singh Address; 7901 23�d Avenue North Purpose: To rezone the properties from Single Family Residential (R-1) to Moderate Density Residential (R-2) in order to construct a twin home 3. Informal Public Hearing — Minor Subdivision — 7901 23�d Avenue North — Chawla Estates — SU19-05 Applicant: Sohan Singh and Swarn Singh Address: 7901 23rd Avenue North Purpose: The proposed subdivision would create two parcels with a "zero lot line" to allow for the construction of a twin home Items 2 and 3 were discussed together. Hogeboom referred to a map of the subject the property and stated that it is currently zoned Single Family Residential (R-1) and guided Low Density Residential on the Comprehensive Land Use Plan Map which includes properties that are zoned R-1 or R-2. Minutes of the Golden Valley Pianning Commission July 22, 2013 Page 2 He explained that the property is 14,288 square feet in size and has been historically vacant. Hogeboom explained the applicant's request to construct a twin home, the front of which would face 23�d Avenue North. To accomplish this, the property must be rezoned from R- 1 to R-2. The applicant is also requesting to subdivide the property into two lots (with a zero lot line) which requires a waiver from the Subdivision Code to allow the lot width along the north setback line to be 97.1 feet in width instead of the required 100 feet. In addition, the applicant is seeking a variance from the Zoning Code requirements to allow the home to encroach into the front yard setback area along Winnetka Avenue due to the fact that the County will be taking an additional seven feet of right-of-way along Winnetka Avenue. Segelbaum asked if findings are required when considering a rezoning request. Hogeboom stated that findings are required for the subdivision request, but are not needed for the rezoning request. Waldhauser referred to the qualifications governing the approval of a minor subdivision and stated that the first qualification is that minor subdivisions shall be denied if the proposed lots do not meet the requirements of the appropriate zoning district. Hogeboom stated that if the zoning variances are granted by the Board of Zoning Appeals than the lots will meet the requirements of the R-2 Zoning District. He clarified that this proposal would not require any variances if the County were not taking seven additional feet of right-of-way. Segelbaum asked if there are City records of anyone ever attempting to develop this property in the past. Hogeboom said he is not aware of any proposed developments on this property, but he knows there has been interest in the properties. He explained that there are soil issues on this property that the applicant will be required to address. Waldhauser asked if soil conditions were present on the property to the south. Hogeboom said he believes so. He added that he is also aware that there was some fill put on this property in the past that might need to be modified. Kluchka asked if the soil conditions are driving where on the lot the home is proposed to be placed. Hogeboom said no. The location of the proposed home is due to setback requirements, site lines and other requirements. He added that soil mitigation will need to be done no matter where the home is placed on the lot. Kluchka asked if there are water issues with any other properties in the area. Hogeboom said he hasn't heard of any, but he knows the City Engineer is considering this proposal very carefully because of the known issues on this property. DJ Chawla, Real Estate Agent representing the applicant, stated that the applicants are brothers and they want to live next to each other. They considered building two single family homes, but a twin home would meet their needs and be less expensive to build. Minutes of the Golden Valley Planning Commission July 22, 2013 Page 3 Segelbaum asked who owns the property. Chawla stated that Dwayne Meier is the owner of the property. Segelbaum asked about the status of the purchase of the property. Chawla stated that the purchase is contingent on the City approving the rezoning and subdivision requests. Segelbaum asked how long the property has been for sale and how long Mr. Meier has owned it. Chawla stated that Mr. Meier has owned it for several years and he has tried to sell it many times. Segelbaum asked Chawla if he has ever developed property before. Chawla said his normaf business is seiling houses not developing property. Waldhauser asked Chawla if he has built houses in this area with this type of soil. Dave Gardner, builder, said he built a house last year that required soil corrections. He explained that this proposed twin home will be built on helical piers. Baker asked about the amount of displaced soil and the number of piers that will need to be installed. Gardner said approximately 70 piers will be installed and that these types of piers don't displace very much soil. Segelbaum asked if he has looked at soil conditions on other properties in the area. Gardner said he knows that the townhomes south of this property used pilings in their construction. Segelbaum asked if any of the neighbors have expressed concerns. Gardner said he hasn't heard from any of the neighbors. Baker asked if there is any evidence of a structure ever being on this property. Hogeboom said no. Kluchka opened the public hearing. Ben Steinbach, 7925 23�d Avenue North, said he frequently has flooding issues and has witnessed standing water on the property in question. He said he would prefer that the area be kept single family and that a single family home be built next to him. Nick Kettner, 2300 Valders Avenue North, said he has also witnessed standing water on the property and he thinks the proposed new house would be under water every time it rains and added that the intersection of 23`d Avenue North and Winnetka Avenue is impassable in strong storms. He said that the last time he saw someone taking a soil sample on the property their truck sunk two feet into the ground and had to be pulled out. He doesn't see how this property is usable unless 42 feet of soil is taken aut and replaced with good soiL Rosa Stein, 7920 Valders Court, said she has walked dogs though the subject property and noticed that there is often standing water. She said all of Minneapolis is a wetland and that there are ways to work with it. Kluchka asked Stein if she has had water issues on her property. Stein said no. Minutes of the Golden Valley Planning Commission July 22, 2013 Page 4 Annette Dreier, 2225 Valders Avenue North, said she started having problems with water and had to have her basement waterproofed after the Pennsylvania Woods project. She said her sump pump runs full time and she knows the property at 2250 Valders Avenue North has the same problems. Seeing and hearing no one else wishing to comment, Kluchka closed the public hearing. Baker asked for clarification on the criteria used in determining if a lot is buildable. Hogeboom stated that staff considers grade, slope, and delineated wetlands among other things when determining if a lot is buildable. In this case the lot is not in a delineated wetland and is considered a buildable lot. However, there will be a significant amount of soil mitigation and stormwater management required. Waldhauser questioned where the water goes from all of the sump pumps in the neighborhood. Hogeboom said the water goes to the ponds in the area and into the storm sewer system. Kluchka said he is deferential to the City Engineer's recommendation whether the lot is buildable or not, and he's not sure whether it is the Planning Commissions purview to decide if a lot a buildable. Baker said he thinks it is good that the Planning Commission asks about these types of issues so that buyers will be aware. Kluchka said he feels the buyer and builder are well aware of the soil and water conditions on this property. Waldhauser said her concern is that this project won't aggravate any water issues the neighbors already have. Segelbaum questioned if the R-1 zoning district is more appropriate for this property than the R-2 zoning district since the sale history is unknown. He said he hasn't heard justification yet for rezoning the property and it would seem like "spot zoning" if the broader area isn't considered. He added that he was also surprised that the Zoning Map didn't show more R-2 zoned praperties because there are other duplexes and townhomes in this area. Hogeboom stated that staff has received a number of phone calls over the last several years regarding the development of this property. He explained that some of fihe existing R-2 properties in the area are grandfathered in because duplexes were allowed at one time in the R-1 zoning district. Waldhauser said she is not sure she understands Segelbaum's concerns because this is a difficult and expensive lot that couid work with this proposed twin home since the owners will share the significant engineering costs. She said she doesn't consider rezoning this property to R-2 to be "spot zoning" because the property can't really be developed withaut rezoning it. She added that the proposal is acceptable to the buyer and the seller and questioned if the property would even be salable for a single family home. Chawla reiterated that there are other townhomes and twin homes in the area. He stated that the property has been on the market for years, and there have been offers but the cost of soil mitigation ruins them. Gardner stated that he doesn't think a $350,000 to Minutes of the Golden Valley Planning Commission July 22, 2013 Page 5 $400,000 single family home would be viable on this property since the soil correction and the price of the lot will be almost $10Q,000. Baker questioned if the Planning Commission feels confident that the stormwater management on this property won't adversely impact any of the neighboring properties. Kluchka noted that if this proposal didn't include a subdivision request the stormwater issues wouldn't be part of the Planning Commission review or discussion at all. Hogeboom reiterated that the stormwater management on this property will be closely monitored. Waldhauser stated that this property could pick up some of the stormwater already in the area which could be a benefit to the neighborhood. Hogeboom said he would talk to the City Engineer abaut the neighbor's concerns. Kluchka questioned how much of this neighborhood would be amenable to R-2 zoning since there are other R-2 and Commercial properties nearby. He said he thinks R-2 zoning is appropriate for this property considering the other uses in the vicinity. MOVED by Waldhauser, seconded by Boudreau-Lands and motion carried 4 to 1 to recommend approval of rezoning the properties from Single Family Residential (R-1) to Moderate Density Residential (R-2). Segelbaum voted no. MOVED by Waldhauser, seconded by Baker and motion carried 3 to 2 to recommend approval of the Minor Subdivision proposal including the waiver request from Section 12.20, Subdivision 5(A) of City Code allowing the property to be 97.1 feet in width along the north setback line for the property at 7901 23�d Avenue North subject to the following and findings and conditions. Commissioners Kluchka and Segelbaum voted no. Findinqs 1. The proposed lots measure 97.1 feet in width along the north setback line. 2. Section 12.20, Subdivision 5(A) of City Code requires that lots in the R-2 Zoning District measure at least 100 feet in length on street abutting sides. 3. Hennepin County intends to acquire right-of-way for future needs along CSAH 156, thus eliminating the ability for this site to achieve that requirement along the north setback line (23�d Ave. No.) therefore, the Planning Commission recommends approval of a waiver to Section 12.20, Subdivision 5(A) of City Code allowing the property to be 97.1 feet in width along the north setback line. Conditions 1. The City Attorney will determine if a title review is necessary prior to approval of the Final Plat. 2. A Park Dedication Fee of $180 shall be paid prior to approval of Final Plat. 3. The recommendations and requirements outlined in the memo from City Engineer Jeff Oliver to Mark Grimes, Community Development Director, dated July 15, 2013, shall become a part of this approval. 4. A Subdivision Development Agreement will be drafted at the time of Final Plat approval. 5. All applicable permits shall be obtained prior to the development of the new lots. Minutes of the Golden Valley Planning Commission July 22, 2013 Page 6 6. This approval is subject to all other state, federal, and local ordinances, regulations, or laws with authority over this development. --Short Recess-- 4. Reports on Meetings of the ousing and Redevelopment Authority, City Council, Board of Zoning A peals and other Meetings No oth reports were given. 5. Oth r Business • uncil Liaison Repo Council Member hmidgall was in ttendance and discussed the for tion of a committee to guide e City's partici ation in the Bottineau Transi : y station area planning process. H tated that the Council would like the co ittee to include two Planning Commission s to help stu y potential impacts, par 'ng, and access among other things. Schmidgall explained that th Cities f Golden Valle , ew Hope and Crystal are moving forward with and emergency ter s pply plan w � may include wells near each reservoir in case supply from Mi ne polis is ev lost. • Bottineau Transitway ation rea Planning Committee Hogeboom gave a brief history of th ttineau Transitway project. He stated that Hennepin County is starting the sta ' n a a planning process this fall in order to study both the Golden Valley Road an I out . venue stations even though there will likely only be one station in Golden V lley. he st y will include several issues including: land uses, parking, station design nd ac ss for b es, cars and pedestrians. After discussion, the con nsus was, ince finro C missioners were absent, that they would like Hogeboom t email the inf rmation to all f the Planning Commissioners and talk about who would ike to voluntee to be on the St ion Area Planning Committee at the next regular PI ning Commissio meeting. 6. Adjourn ent The meetin adjourned at 8:44 Ch rles D. Segelbaum, Secretary t"z�'�? t�� k¢��. y �$I,. . . � . � ..�� . . . . . �+c� � Planning Department � 763-593-8095/763-593-8149(fax) Date: July 18, 2013 To: Planning Commission From: Joe Hogeboom, City Planner Subject: Informal Public Hearing: Minor Subdivision of Property at 7901 23rd Ave. No. D.J. Chawla, Applicant Summary of Request D.J. Chawla, representing the prospective owners of 7901 23rd Ave. No., is proposing to subdivide the property into two lots to accommodate a twin home. The lot is currently vacant. City Code requires that the total area of both lots which will contain the twinhome is at least 11,000 square feet. Additionally, City Code requires that the tatal site have at least 100 feet of width along each street. The developer is requesting a variance from the Subdivision Code to allow for a shorter distance along 23rd Ave. No. to accommodate Hennepin County's intention to take an additional 7 feet for street right-of-way purposes. Following the right-of-way acquisition,the site would measure approximately 97.1 feet along 23rd Ave. No. Also due to the County's proposed right-of-way acquisition, the applicant has petitioned for a variance for the home to be located approximately 7 feet closer to Winnetka Ave. than allowed by City Code. Qualification as a Minor Subdivision The proposed two lot subdivision qualifies as a minor subdivision because the property located at 7901 23`d Ave. No. is part of a recorded plat. In addition, this proposed subdivision will produce fewer than four lots and will not create need for public improvements, such as street construction. The applicant has submitted the required information to the City that allows for the subdivision to be evaluated as a minor subdivision. Staff Review of Minor Subdivision The applicant has submitted a survey for the affected property prior to subdivision, as well as renderings of proposed setback boundaries and lot layout following lot division. These documents provide the City with information necessary to evaluate the minor subdivision. All documents indicate the future construction of a twinhome. City Engineer Jeff Oliver, PE, has submitted a memorandum dated July 15, 2013 which outlines requirements from the Public Works Department. A copy of the Public Works Department memorandum is attached to this report. Qualification Governing Approval as a Minor Subdivision According to Section 12.50 of the City's Subdivision Regulations, the following are the regulations governing approval of minor subdivisions with staff comment related to this request: 1. Minor subdivisions shall be denied if the proposed lots do not meet the requirements of the appropriate zoning district.The two proposed lots will meet the requirements set forth by the R- 2 Single Family Residential Zoning District. 2. A minor subdivision may be denied if the City Engineer determines that the Iots are not buildabte. The City Engineer has determined that the proposed lots are buildable. 3. A minor subdivision may be denied if there are no sewer and water connections available or if it is determined by the City Engineer that an undue strain will be placed on City utility systems by the addition of the new lots. A developer would be required to submit detailed plans regarding the proposed sewer and water locations at the time building permits are applied for. Utility connections are available in this area. 4. Approval of the minar subdivision may require the granting of certain easements to the City. The final plat must show all necessary easements as required by the City Engineer and City ordinances. 5. If public agencies other than the City have jurisdiction of the streets adjacent to the minor subdivision,the agencies will be given the opportunities to comment. Hennepin County holds jurisdiction of Winnetka Ave. (County State Aid Highway 156). The County has been made aware of this proposal. No driveways are proposed to connect to Winnetka Ave. 6. The City may ask for review of title if required by the City Attorney regarding the dedication of certain easements. The City Attorney will determine if such a title review is necessary prior to approval of the final piat. 7. The minor subdivision may be subject to park dedication requirements. In this case, a park dedication fee of$180.00 will need to be paid prior to final plat approval. (Park Dedication Fees are determined by assessing 1%of the Estimated Land Value of the sitej. Recommended Action Staff recommends that the Planning Commission declare the following: The Planning Commission finds that the Minor Subdivision proposal at 7901 23`d Ave. No. meets criteria established in City Code Section 12.50, and therefore recommends approval of the petition subject to the following conditions: 1. The City Attorney will determine if a title review is necessary prior to approval of the final plat. 2. A park dedication fee of$180.00 shall be paid before final plat approval. 3. The City Engineer's memorandum, dated July 15, 2013 shall become part of this approval. 4. A Subdivision Development Agreement will be drafted for review and approval by the City Council that will include issues found in the City Engineer's memorandum. 5. All applicable City permits sha11 be obtained prior to the development of the new Iots. Further, the Planning Cammission finds that; • The proposed lots measure 97.1 feet in width along the north front setback line. • Section 12.20, Subdivision 5(A) of City Code requires that lots in the R-2 Zoning District measure at least 100 feet in length on street abutting sides. • Hennepin County intends to acquire right-of-way for future needs along CSAH 156, thus eliminating the ability for this site to achieve that requirement along the north front setback line (23rd Ave. No.). Therefore, the Planning Commission recommends approval of a waiver to Section 12.20, Subdivision S(A) of City Code allowing site to have a 97.1 foot width along the north front setback line. Attachments: Location Map (1 page) Memorandum from City Engineer Jeff Oliver dated luly 15, 2013 (3 pages) Survey (1 page) Site Plans (5 pages) Ct�"� C�� +":��`� � ��. �� Public Works Department 763-593-8030/763-593-3988(fax) Date: July 15, 2013 To: Mark Grimes, Director of Planning a d Development From: Jeff Oliver, PE, City Engineer✓ Eric Eckman, Public Works Specia ist Subject: 7901 23`d Avenue North - Rezoning and Minor Subdivision First Addition to E.A. Anderson's Addition Public Works staff has reviewed the plans for the proposed minor subdivision called First Addition to E.A. Anderson's Addition. The proposed development is located on the southwest corner of the intersection of Winnetka Avenue and 23`d Avenue North. The development consists of subdividing the existing vacant parcel to create two parcels for attached housing. This memorandum discusses issues identified during the Public Works review that must be addressed prior to approval of the final plat. The comments contained within this review are based on the revised plans submitted to the City on July 3, 2013. Site Plan 7he Developer proposes to create two parcels with zero setback at the shared lot line to accommodate the attached houses. The two homes and garages will face 23`d Avenue North and will have driveway access and utility service from 23`d Avenue.The Developer will be required to construct new driveway aprons that meet the City's standard. A Right-of-Way Management permit is required for driveway construction and curb alteration. Preliminarv Plat The Development is adjacent to Winnetka Avenue, a Hennepin County highway. Therefore, the plans must be submitted to Hennepin County for review and comment. Consistent with the City's subdivision ordinance and recently approved plats in the Winnetka Avenue corridor,the Developer is dedicating an additional seven (7) feet of right-of-way on the eastern boundary of the plat, adjacent to Winnetka Avenue. The property being subdivided is part of a plat of record from 1963 described as Lot 1, Block 1, of E.A. Anderson's Addition. There are existing utility easements along the west and south property lines that will need to be vacated as part of the subdivision process.The Developer must submit G:\Developments-Private\7901 23rd Ave(First Addn to EA Andersons Addn)\7901 23rd Ave_Preliminary Review.docx application and exhibits to the City for the easement vacation to complete this process. The final plat for this development must include ten (10) foot easements on all plat boundaries consistent with the City's Subdivision Ordinance. In addition,the Developer will be required to dedicate a larger twenty (20) foot wide easement along the south plat boundary to accommodate a small drainage basin and overflow swale proposed by the Developer. The grading and drainage will be discussed later in this review. Utilities Municipal water and sanitary sewer service is available to the property being subdivided, and there is adequate capacity available in these systems to accommodate the development. There is currently one sanitary sewer service and one water service for the lot being subdivided. The Developer will be required to install one sanitary sewer service and one water service for the new lot being created, as shown on the plan submitted for review. The Developer will be required to obtain all appropriate permits, including utility and right-of-way permits for this work. The City has a Sanitary Sewer Inflow and Infiltration Ordinance. The sanitary sewer services to the new homes must be inspected and obtain certificates of compliance prior to the occupancy of the homes. Stormwater Management This development is within the Main Stem sub-district of the Bassett Creek Watershed. Based upon the size of the development, review by the Bassett Creek Watershed Management Commission (BCWMC) is not required. The Developer is required to obtain City Stormwater Management permits for the site grading and construction of each home.These permits must be obtained prior to issuance of building permits. All temporary and permanent erosion and sediment control measures must be shown on the stormwater plans, consistent with City standards. Soil boring records on file at the City, performed by two previous property owners, indicate that portions of this vacant parcel were once swamp land with fill placed over the compressible organic soils. With the placement of fill, the natural drainage was blocked creating drainage issues in the southwest corner of the subject property. This is evidenced by the installation of a privately-owned catch basin and storm sewer pipe by the previous owner in 1981.The plan submitted by the Developer shows the existing privately-owned storm sewer pipe which drains a 1ow area in the southwest corner of the parcel and discharges to the City's system in Winnetka Avenue. The low area collects runoff from the subject property and adjacent rear yards, and may serve as an emergency overflow for the adjacent stormwater pond, if necessary. Staff recommends that the owner keep the storm sewer pipe in place and operational to assist with drainage in this area. Due to a conflict with the proposed house foundation,the Developer is proposing to relocate a portion of the private storm sewer pipe.The Owners will be required to enter into a Maintenance Agreement with the City, stating that the storm sewer pipe and structures will be permanently G:�Developments-Private\7901 23rd Ave(First Addn to EA Andersons Addn)\7901 23rd Ave_Preliminary Review.docx owned and maintained by the Owners. The maintenance agreement will be drafted by the City and must be signed before a building permit is issued. In addition to relocating the storm sewer pipe, the Developer has proposed drainage swales beginning in the rear yard and extending around the houses to 23�d Avenue. These swales will serve as overflow, should the private catch basin or pipe become plugged. Dedication of the twenty (20) foot rear yard easement discussed earlier in this review will ensure that no structures or fill are placed in the small basin or overflow swales. Tree Preservation This development involves new home construction and is subject to the City's Tree Preservation Ordinance.The City Forester has reviewed the plan and visited the site and has determined that no permit is required for this development. Summarv and Recommendations Public Works staff recommends approval of the minor subdivision at 7901 23`d Avenue North subject to the comments contained in this review, which are summarized as follows: 1. Vacation of the existing drainage and utility easements on the parcel being subdivided, and rededication of drainage and utility easements as discussed within this review prior to approval of the final plat. 2. Both halves of the proposed duplex must be in compliance with the City's Inflow and Infiltration Ordinance prior to issuance of the Certificate of Occupancy for the homes. 3. The property owners must enter into a Storm Sewer Maintenance Agreement for the private storm sewer facilities extending across the property from Winnetka Avenue. This agreement must be signed prior to issuance of building permits for the site. 4. Subject to the comments and review by Hennepin County and other City staff. C: Jeannine Clancy, Director of Public Works Mark Kuhnly, Fire Chief lohn Crelly, Deputy Fire Chief Gary Johnson, Building Official Joe Hogeboom, Planner AI Lundstrom, City Forester and Park Maintenance Supervisor Mitch Hoeft, Engineer G:\Developments-Private\7901 23rd Ave(First Addn to EA Andersons Addn)\7901 23rd Ave_Preliminary Review.docx _ _� PROPOSED LOT DEVISION FOR'�'---- ra sman us om , nc. �j,m�uZp fj�S�O��Q�ES J " Mr. Dave Gardner 612-251-5009 � , ne. ' -- -��----�- �� -- _ � - . PRpFESS1pNA�LAND SURVEYORS � DESCRIPTION: Lot 1� $LOC�C 1� E,A. Anderson'S ACI(��tSOII ANDLANDDEVELOPMENTCpNSULTANTS City of Golden Valley, Hennepin County, Mn. ��3)421-9126 13821 VIN�WOOD LANE DAVTON,MN 55327 _ �� -- �1�'�(�� "i[/ . � ---'----._.�---.'_—...._.__..__..-- � . -- f.V�Y- � _..-._.�'/�1��. _..... _. .. �. : .. _��._..._ .. ..... . .. ._.._ . �__ � , ��_"._ .�.._... . . ,�/ �9-i/-�o � � -� �2,iS— I __ I � �/,�3 � � ��I� ��`�� j � 9 -� � � X/ I � � � �V,J � �J� �� , $ �� m I � � � B i --r---- s . G � a �s,�s_l _'� f \2 •33 . z/�3\ � �,s,o I \� I �.\ �Q \ a�,°� � i � IN �l �a � a \ , \ � � �, � � � - . �� ° _ -� .. � �� \ � �� \ �o� �y� �� o��p� � � 0.� ^, Q`lD �0 , 4� C� "' �" � � �`� � . 39 o • . , ��\ � , .� y ( ,�.� z6�a � zlo.° \ 35-•0 ; a , . I , • �9 �o .� 1 . ao ; 1 � � ' o � I � �a . � � i � � 43.v 6 ,�� ' -�--- ._ _.._. _.:.. io 4t,io s-Bg-�/-i7� FROPOS�p Deacriptlons for Lot Split� � \_-__ ____-—� . .. . � . The Easterly 61.00 feet of Lot 1, Block 1 E. A, Anderson's Addition,�.eity of Golden Valley, Minnesota. i Total Area = 8,421.17 Sq. Ft. � . i That part of Lot 1, Block 1, E. A. Anderson's Addition, City of Golden Valley lying Westerly of th� - Easterly 61.00 feet thereof. , Total Area = 5,872.0 Sq. Ft. �j/.4,ip�( (��.,,_(�,�� y.� � Q? I hereby certify that this Proposed Lot-Split was prepared . f'!"1 -" � �Z./J by me or under my direct supervision and that I am a duly � S /y- Licensed Professional Land Surveyor under the laws of the � L1-, Stat f Minnesota. Dated April 15, 2013. � ��(/ F/ //ee� /� � � �� , Minn. License No. 12267 i � oo�ui+qoeAy�e�vew�e�eyf e E . � . . p � 9VOt'LOB-f9L a � � .�.� � � � .. 8SB9�L9Z'ZL9 � �� $ �I � I �� t � � � � 3llVn N3�lOJ R �� LL, � � i � � � � �� " � ;a�uapisaa MaN ��+� � �� I �I I YOkSS NW 3MY1 WtlFI 3� i & WWNW63M10l1Vq18f%Y�fVWS13Vtl�'NJAM a . _ 3N3f1N3AVH1B11$9I g�5� y��.. 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E•Yh. . .. . . . � . � , . .. , . � � . . . � . . y�' c:�: r . � . � . .. � t- _. � . . . .. . . . yt� '� �� . t � . ._ . . .. � sY,� .. . .. . . : ,, , .�� . . . . � . . _° x.,,c.� s � , , . . .. : . . . ., y ..� �Z��1 �??�� Planning Department 763-593-8095 I 763-593-8109(fax) Executive Summary For Action Golden Valley City Council Meeting August 20, 2013 "60 Days" Deadline: October 9, 2013 Agenda Item 4. D. Continued Public Hearing- Ordinance #503 - Final Design Plan Approval - PUD#112 -The 3.9.4 Apartments-Global One Golden Valley, LLC, Applicant Prepared By Joe Hogeboom, City Planner Summary Global One Golden Valley, LLC is seeking approval of a Planned Unit Development (PUD) Permit for the construction of a market rate, multi-generational apartment building, as well as a market rate, senior assisted living apartment building located at the northwest corner of the Highway 100/Interstate Highway 394 intersection. This item appeared before the City Council on August 7, 2013 and was continued to this meeting due to an ongoing legal issue concerning a portion of the subject property. Therefore, staff is requesting that this matter be tabled to September 3, 2013 until the matter is resolved and MnDOT commits to the land sale. Recommended Action Motion to table Ordinance No. 503, Approval of Final Plan of Development, The 3.9.4 Apartments, PUD No. 112, Global One Golden Valley, LLC, Applicant until September 3, 2013 City Council Meeting. �..�� 1.�'+f�� Public Works Department 763-593-8030/763-593-3988(fax) �, � _ � . .._..�.��...�� . a. �_ . � _, ..�.. Q. � ,�� ,�� Executive Summary For Action Golden Valley City Council Meeting August 20, 2013 Agenda Item 4. E. Public Hearing to Vaeate Alley and Easements in the Plats of Spring Green South and Registered Land Survey No. 106 (The Three.Nine.Four Apartments) Prepared By Jeannine Clancy, Director of Public Works Eric Eckman, Public Works Specialist Summary A developer has proposed the construction of a market-rate apartment building and a senior assisted living apartment building an the property located at the northwest corner of the intersection of Highways 394 and 100. In order ta prepare the land for development, a portion of the existing public alley and utility easements must be vacated. Consistent with City Code, the proposed final plat for the development includes the dedication of drainage and utility easements. In general, the proposed easements are larger than the existing easements to better accommodate the existing and proposed utilities. A notice of public hearing regarding the proposed alley and easement vacation was published and posted and letters were sent to the affected praperty owners along with the praposed resolution. Staff sent a letter to all private utility companies requesting their review and comment. Since the vacation is not adjacent to public waters, no Notice to the Commissioner of Natural Resources is required. There has been one documented concern regarding this alley and easement vacation by CenturyLink (formerly Qwest). CenturyLink has existing overhead facilities within the proposed development area. The developer has been made aware of this concern and is working on a plan to address the issue. Consideration af this easement vacation was supported by resolution of the City Council in their meeting on August 7, 2013, and therefore in accordance with state statutes requires a four-fifths majority vote in favor of the resolution. The easement vacation process was scheduled based upon the developer's original schedule. Since that time, the project has experienced some delay due to a legal matter between the Minnesota Department of Transportation (MnDOT), which is the seller of the property proposed for development, and a private party. In light of this, staff recommends the Council open the public hearing, and continue it until the September 3, 2013 City Council meeting. Recommended Action 1. Open the Public Hearing and take comment. 2. Motion to continue the Public Hearing until the September 3, 2013 City Council meeting. �1�� Pianning Department 763-593-8Q95/763-593-8109(fax) Executive Summary For Action Golden Valley City Council Meeting August 20, 2013 Agenda Item 4. F. Public Hearing- Ordinance#506 -Adding a New Section 11.75: Solar Energy Systems Prepared By Brett Angell, Planning Intern Summary Staff has been directed to develop an ordinance for the installation and regulation of Solar Energy Systems. Staff worked in accordance with Minnesota Solar Challenge in order to understand how other Twin Cities metro regions have adopted solar energy into their city codes. The concern was that Golden Valley currently does not regulate Solar Energy Systems in the City Code. In order to update Golden Valley's code to best suit the community and remain on-par with the surrounding areas, research and comparisons have been performed. Based upon these comparisons, planning staff has developed an ordinance for Solar Energy. The Solar Energy Systems ordinance went to the Planning Commission at both the May and July meetings. The main feedback that they had concerned the definitions and whether to consider ground mounted solar systems an accessory structure, impervious surface, or something different. The Planning Cammission recommended changes to the ordinance to make it less restrictive and more encouraging of Solar Energy Systems. Staff recommends that Solar Energy Systems be allowed within all zoning districts, subject to administrative review and approval by the Community Development Director. This additian is incorporated in the attached copy of proposed Section 11.75 "Solar Energy Systems" of the Golden Valley City Code. Attachments • Planning Commission Minutes dated May 13, 2013 (3 pages) • Planning Commission Minutes dated July 8, 2013 (3 pages) • Ordinance#506, Adding a New Section 11.75: Solar Energy Systems (3 pages) Recommended Action Motion to adopt Ordinance #506, Adding a New Section 11.75: Solar Energy Systems. Regular Meeting of the Golden Va11ey Planning Commission May 13, 2013 A regular meeting of the Planning ommission was held at the Golden Valley City Hall, cil Chambers, 7800 Golden alley Road, Golden Valley, Minnesota, on Monday, May , 013. Chair Waldhauser alled the meeting to order at 7 pm. � Those present e Planning Co missioners Baker 'Kluchka, McCarty, Segelbaum and Wa ser. Also present w ommunity Development Director Mark Grimes, City Planner Joe o ning Intern Brett Angell and Administrative Assistant Lisa Wittman. Comm� oudreau-Landis was absent. 1. Approval of ' utes Mar 1, 2013 Regular PI ning Commission Meeti MO D by McCarty, seconded by era and motion carried unanimously o approve the rch 11, 2013 minutes as submi d. 2. Informal Public Hearing —Zoning Code Text Amendment—Adding Section 11.75 "Solar Energy Systems" —ZO00-91 Applicant: City of Golden Valley Purpose: To consider the addition of Section 11.75 "Solar Energy Systems" to the Zoning Chapter of the City Code Angell gave a presentation to the Commission regarding the addition of solar energy systems requirements to the zoning chapter of the City Code. He discussed types of solar energy systems including building integrated systems, ground mounted systems and roof mounted systems. He also discussed Minnesota's solar potential and noted that the City's goal is to encourage the use of solar energy in order to reach Minnesota's goal of using 25% renewable energy by the year of 2025. Angell referred to the proposed ordinance and discussed some of the requirements for roof mounted systems including height restrictions, reducing visual impact by means of location, and screening or integrating in with the roof's design. He added that ground mounted systems would be treated as an accessory structure in regard to height, lot area coverage and permitted locations and that building integrated systems would be treated as part of a building. Baker asked about the number of solar energy systems currently located in Golden Valley. Angell said he knows of a few businesses and residential properties that have systems. He added that staff did hear some concerns from residents and that he will review them with the consultant from the "Minnesota Solar Challenge." McCarty asked about the technology to store wind and solar energy. Angell said his understanding is that energy collected can be stored or sold back to energy companies. Minutes of the Golden Valley Planning Commission May 13, 2013 Page 2 Cera added that work is being done to use stored energy for electric vehicles. Waldhauser suggested having discussions with other communities regarding communal energy generation that homeowners could buy into. Kluchka questioned if there should be language added to the proposed ordinance to ensure #hat it protects trees on neighboring properties from being cut down in order to gain more solar access. Angell explained that in the ordinances he researched language about trees was added when cities wanted to allow trees to be cut down in order to allow for solar access. Grimes noted that trees also have value in keeping energy costs down. Waldhauser asked about the effect of new plantings. Hogeboom stated that solar access easements could be put in place between property owners however the City does not get involved in enforcing private easement agreements. Cera suggested adding language regarding the preservation of existing trees. Segelbaum asked if other cities have provisions regarding the preservation of trees. Angell stated that St. Paul has a model ordinance and it does not mention trees. Waldhauser stated that she thinks there could be education done about existing trees and that the ordinance doesn't necessarily need to address it. Waldhauser asked if there will be a permitting process. Grimes stated that building and electrical permits will be required. Cera asked if the City has considered offering subsidies to homeowners who install solar energy systems. Grimes stated that there are tax credits available and that solar panels are becoming more affordable. Baker added that energy companies also give credits. Segelbaum referred to the definition of Building Integrated Solar System and stated that the words "solar energy system" should capitalized. He also noted that Subdivision 3(A)(1) should be changed from "Building Mounted Solar Energy Systems to "Flush Mounted Solar Systems." Segelbaum referred to Subdivision 3(A)(2) and asked what the "exterior perimeter" of the roof ineans. Angell explained that the language was modeled after St. Paul's ordinance and that he would talk to the consultant he's been working with to better define that paragraph. McCarty suggested that "Ground Mounted Solar System" be added to the list of definitions. He referred to the definition of Solar Energy System and suggested the word "significantly" be removed. Baker referred to Subdivision 3(A)(3) regarding the visual impact of rooftop equipment and questioned the use of the word "shall" in the first sentence. The Commission consensus was to keep the word "shall" in that sentence however they agreed that the word "reduced" should be changed to "minimized." Kluchka suggested that Subdivision 4(A) regarding compatibility be removed because following all of the requirements of the accessory structures language is too restrictive. Minutes of the Golden Valley Planning Commission May 13, 2013 Page 3 The Commission agreed and suggested language regarding height and setbacks would be clearer. Segelbaum referred to the second sentence in Subdivision 3(C) and said the words "building integrated systems" should be changed to "Building Integrated Solar Systems." Waldhauser referred to the language regarding interFerence and asked if solar energy systems really cause interFerence. Cera stated that these systems won't generate interference. Baker referred to Subdivision 4(E) regarding maximum capacity and asked how 100 kilowatts was decided. Angell stated that he would have further discussion with the consultant he's been working with about that language. Waldhauser opened the public hearing. Andy Snope, 1320 Unity, said he's worked in the electrical industry for 20 years. He handed out some suggested changes to the language in the ordinance which included requiring that an electrical permit be obtained, requiring a licensed contractor to install solar systems and not Iimiting the output on commercial properties to 100 Kilowatts. He also handed out several articles regarding solar energy for the Planning Commission to review. Hogeboom stated that Mr. Snope's comments have been forwarded to the consultant for the Minnesota Solar Challenge. Seeing and hearing no one else wishing to comment, Waldhauser closed the public hearing. MOVED by Cera, seconded by McCarty and motion carried unanimously to table this item in order to give staff time to revise the proposed ordinance. --Short Recess-- 3. Reports on Meetings of the Housing and Redevelopment Authority, City uncil, Board of Zoning peals and other Meetings The Commiss discussed the rec nt Metropolitan Council resolution supporting the Bottineau Transi . Hogeboom s ted that staff is going to su est to the City Council that a steering commi e be forme to work on station p anning beginning this summer. 4. Other Business • Discussion - oposed ew "Pe ance Zoning District" Angell gave esentation to the ommission rega ' g performance zoning. He explai at the purpose for ha ing a Performance zoning district is to allow de lopment flexibility, reguiate d sign, rather than land use type and to attract a diversity Minutes of the Golden Valley Planning Commission July 8, 2013 Page 3 Findinqs 1. The applicant has demonstrate need for the use. The proposal is consistent with he City's Comprehensive Plan. 3. ere will not be a negative eff ct on property values in the a . 4. Th affic generated from the p oposed use will not conf� with current traffic in the area. 5. The densit population in the area will not inc se due to the proposed use. 6. There will not b n increase in oise by th oposed use. 7. The proposed use � not creat dust, r or excessive vibration. 8. The proposed use will n attra a � al pests. 9. The proposed use will not s i ntly alter the visual appearance of the existing building. 10.No other negative effec f the ro sed use are anticipated. Conditions 1. The site pla all become a pa of this appro I 2. All signa shall meet the requi � ments of Sectio .20 of City Code. 3. All fut e improvements to the b ilding shall meet the ity's Building Code re rements. 4. other applicable local, state d federal requirements sh e met at all times. . Failure to comply with any of the terms of this permit shall be grounds for revocation. 3. Informal Public Hearing —Zoning Code Text Amendment—Adding Section 11.75 "Solar Energy Systems" —ZO00-91 (Continued Item) Applicant: City of Golden Valley Purpose: To consider the addition of Section 11.75 "Solar Energy Systems" to the Zoning Chapter of the City Code Angell reminded the Planning Commissioners that they tabled this item at their May 13, 2013 meeting. He reviewed the changes made to the ordinance based on the discussion from that meeting. . Waldhauser referred to Subdivision 3(A)(2) and the language regarding non-flush solar systems not extending more than three feet above the surface of the roof and asked if that requirement is due to safety issues. Angell said yes, it has to do with safety and wind issues. Waldhauser referred to Subdivision 4(F) regarding installation and asked if the term licensed contractor means a general contractor or an electrical contractor. Angell said he believes "licensed" means an electrician license. Grimes added that a general contractor could install the panels but an electrician would need to do the electrical work. Segelbaum referred to Subdivision 3(E) regarding setback requirements and stated that five feet seems like a small setback for solar energy system that might be quite large. Minutes of the Golden Valley Planning Commission July 8, 2013 Page 4 Waldhauser noted that five feet is the same setback requirement for all accessory structures. Grimes agreed and added that a solar energy system would also count against the amount of impervious surface coverage allowed. Kluchka asked if the five foot setback would be measured from the pole or from the outer perimeter of the system. Grimes said it would be measured from the outer perimeter. Kluchka suggested that be clarified to the ordinance language Baker referred to Subdivision 3(D) regarding a maximum allowed height of 10 feet and stated that that might be too restrictive. Angell stated that the language regarding height follows Minneapolis's ordinance and the Minnesota Solar Challenge suggested language. Waldhauser added that a 10-foot high pole could be screened. Baker stated that he doesn't think it's appropriate to count solar energy systems against the amount of impervious surface allowed because they are not on the ground. He suggested language be added to state that these systems are not considered to be impervious surface because he doesn't wan#this ordinance to be too restrictive. Segelbaum referred to Subdivision 3(A)(3) and asked about the definition of"rooftop equipment." Angell stated that rooftop equipment refers to flush and non-flush mounted systems and everything that entails. Segelbaum questioned why screening is discussed in Subdivision 4(A) and in Subdivision 3(A)(3) and suggested the language be combined. Angell said the language in Subdivision 3(A)(3) could be removed and that it could remain in Subdivision 4(A). Kluchka opened the public hearing. Seeing and hearing no one wishing to comment, Kluchka closed the public hearing. Baker questioned if a definition for"Solar Gardens" is needed. Kluchka questioned what the language "grid connected subscriber" means. Segelbaum said he thinks it means that people are sharing electricity but they are still "on the grid." Baker questioned if the definition for "Solar Gardens" would be just as effective without using the words "grid connected subscriber." Kluchka agreed the definition sounds confusing and suggested it be changed. Angell said he would provide a better definition. McCarty referred to the definition of "Non-Flush Mounted Solar Systems" and suggested the word "pitch" be changed to the word "angle." Boudreau-Landis referred to Subdivision 3(A)(2) which states that non-flush mounted solar systems shall not extend more than three feet above the surFace of a roof and questioned if that is adequate for a flat-roof commercial building or if it would be too restrictive. Angeil explained that that language was modeled on St. Paul's ordinance and the Minnesota Solar Challenge language. Waldhauser added that if the system is taller, it would likely have to be structurally stronger and tied in to the building differently with added expense. Minutes of the Golden Valley Planning Commission July 8, 2013 Page 5 McCarty asked if solar energy systems would count against the 1,000 square feet of accessory structure space allowed on each property. Waldhauser stated that it would be more permissive to use pervious surface requirements rather than to use accessory structure requirements. Kluchka said he thinks using the accessory structure requirements for solar energy systems is a good place to start. Grimes agreed that massing and impervious surtace issues could be further studied. Segelbaum referred to Subdivision 3(C) and stated that the first use of the word energy should be removed. Boudreau-Landis stated the Subdivision 4(C)(2) regarding compliance is not needed because compliance is already covered in Subdivision 4(B). Baker questioned if anything will be lost by removing Subdivision 4(E) regarding systems not having more than a 100 kilowatt capacity. Boudreau-Landis stated the word "required" in Subdivision 4(G) should be removed. McCarty said he wants consistency in the language throughout the ordinance and suggested the following changes: delete the words "building mounted" from Subdivision 3(A), change the word "must" to "shall" in Subdivision 3(A)(5), delete the word "all" in Subdivision 3(D), change the word "must" to "shall" in Subdivision 3(A)(E), delete the word "all" in Subdivision 4(B), delete the word "the" in Subdivision 4(D), reword Subdivision 4(F) to read "Solar Energy Systems shall be installed by a licensed contractor" and delete the words "required" and "all" from Subdivision 4(F)(G). MOVED by Segelbaum, seconded by Boudreau-Landis and motion carried unanimously to recommend approval of the addition of Section 11.75 "Solar Energy Systems" to the Zoning Chapter of the City Code with the changes discussed. --Short Recess-- 4. Reports on Me tings of the Housing and Redevelopment Authority, City Council, Boar of Zoning Appeals and other Meetings No other etings wer discussed. 5. Other iness • Discuss 2 la ' g Commission Annual Report Grimes explained th ity Council has asked the Planning Commission to provide an update about t r activit es ring the past year. He stated that the report to the Council could also i ude items f inte t for future study and trends in planning and develop nt. Kluchka a ded that �s intent is to bring the Commission's priorities and issues e Commission ould like hi lighted to the Council. ORDINANCE NO. 506, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Adding a New Section 11.75: Solar Energy Systems The City Council for the City of Golden Valley hereby ordains as follows: Section 1. City Code in Chapter 11 is hereby amended by adding Section 11.75 as follows: Section 11,75: Solar Energy Systems Subdivision 1. Purpose The purpose of this section is to allow for and regulate the location, placement, design, and maintenance of active and passive Solar Energy Systems to ensure such equipment are appropriately located and are used in a safe and efFective manner. Subdivision 2. Definitions A. Building Integrated Solar System: A Solar Energy System that is directly integrated into the building by replacing typical building materials. B. Flush Mounted Solar System: A Solar Energy System that is installed on the roaf of a building in which the solar panels are parallel with the finished roof materials. C. Ground Mounted Solar System: A Solar Energy System that is installed directly onto the ground by means of brackets or poles. D. Non-Flush Mounted Solar System: A Solar Energy System that is installed on the roof of a building at a different pitch than the finished roof surface. E. Solar Energy System: A device, structure, or part thereof that transfers direct solar energy into thermal, chemical, or electrical energy. F. Solar Garden: A community shared Solar Energy System with linked subscribers or leased panel members. Subdivision 3. Permitted Use Where Allowed A. Building Mounted Solar Energy Systems shall be allowed in all zoning districts, subject to administrative review and approval by the Community Develapment Director, so long as they meet the following requirements: 1 1. Flush Mounted Solar Systems shall not exceed the designated height requirement of the principal structure in al! zoning districts. 2. Non-Flush Mounted Solar Systems shall extend no more than three (3) feet directly above the surface of a roof at any point. 3. The structure upon which the Solar Energy System is mounted shall have the structural integrity to carry the weight of the Solar Energy System. 4. A building permit shall be obtained before a mounted Solar Energy System may be placed on a structure. B. Building Integrated Solar Systems shall be considered a part of the structure rather than a separate entity. Building Integrated Solar Systems need to follow the regulations set by the building code. C. Ground Mounted Solar Systems shall have a maximum height of ten (10) feet. D. Ground Mounted Solar Systems shall be set back a minimum af five (5) feet from all property lines from the outermost perimeter of the solar panel. E. Solar Gardens shall be permitted with a Conditional Use Permit. Subdivision 4. Design and Performance Standards Design and performance standards for Solar Energy Systems are hereby established to meet the objectives of the City outlined in the Comprehensive Plan and the purpose and other provisions of this section. A. Compatibility with nearby properties. The visual impact of rooftop equipment on nearby properties shall be minimized through such means as location on the roof, flush-mounting to the roof, screening, or other integration into the roof design. Screening shall be of durable, permanent materials that are compatible with the primary building materials. Screening shall be done to the extent possible without reducing the systems efficiency. B. Compliance. Solar Energy Systems shall be designed, constructed, and operated in compliance with any applicable federal, state, and local laws, codes, standards, and ordinances, as well as adhere to the requirements of local utilities if connected to utility lines. 1. Solar Energy Systems shall comply with applicable regulations as established by chapter 1325 of the Minnesota State Building Code and the National Electrical Code (NFPA 70). C. Interference. Solar Energy System shall be designed to not cause electrical, radio frequency, television, and other communication signal interference. 2 D. Installation. Solar Energy Systems shall be installed only by licensed contractors. E. Maintenance. Solar Energy Systems shall be kept in good repair and free from damaged supports, mounts, framework, or other components. Section 2. 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 3. This Ordinance shall take effect from and after its passage and publication as required by law. Adopted by the City Council this 20th day of August, 2013. /s/Shepard M. Harris Shepard M. Harris, Mayor ATTEST: /s/Susan M. Virniq Susan M. Virnig, City Clerk 3 �1�� C�� Planning Department 763-593-8095/763-593-8109(fax) Executive Summary For Action Golden Valley City Council Meeting August 20, 2013 Agenda Item 5. A. Second Consideration - Ordinance #504- Amending Section 10.23 Regarding Recreation Fires Prepared By Joe Hogeboom, City Planner Summary At the August 7, 2013 City Council meeting,the City Council voted to approve an ordinance amending City Code to provide for changes to the "Fire Protection" section of City Code upon first consideration. The changes are summarized as follows: � Expanding the definition of"Approved Outdoor Fireplace" to include portable fireplaces and chimeneas. � Requiring that "Recreational Fires" be at least 25 feet from any flammable liquids and structures. � Requiring that "Recreational Fires" are not permitted during Air Quality Alerts issued by the Minnesota Pollution Control Agency. � Removal of All recreational fires shall remain within an Approved Outdoor Fireplace. Fire protection is regulated in Chapter 10 of City Code. Therefore, two considerations of the Ordinance by the City Council are required. Attachments • City Code Section 10.23: Fire Protection, clean version (3 pages) • Ordinance #504, Amending Section 10.23 Regarding Recreational Fires (underline/overstruck version (1 page) Recommended Action Motion to adopt on second consideration, Ordinance #504, Amending Section 10.23 Regarding Reereational Fires. § 10.23 Section 10.23: Fire Frotection Subdivision 1. Definitions A. Open burning: A fire burning in matter, whether concentrated or dispersed, which is not contained within a fully enclosed fire box, structure or vehicle, and from which the products of combustion are emitted directly to the open atmosphere without passing through a stack, duct, or chimney. B. Wood: Dry, clean fuel only such as twigs, branches, limbs, synthetic logs designed for burning, charcoal, cordwood, or untreated dimensional lumber. Wood does not include wood that is green, with leaves or needles, rotten, wet, oil soaked, or treated with paint, glue, or preservatives, C. Approved Outdoor Fireplace: An at or below grade area not exceeding 7.5 square feet with a perimeter not exceeding 10 feet. The outside edge shall be ringed with brick, rock, or other non-combustible material to prevent fire spread. This includes manufactured fireplaces meeting the above dimensions. This also includes portable fireplaces, such as chimeneas, that are within the above size requirements. D. Responsible Person: A person over the age of 18 who is knowledgeable in use of fire extinguishing equipment, including shovels, garden hoses, or fire extinguishers with a minimum 4-A rating. E. Recreational Fire: An outdoor fire burning materials other than rubbish where the fuel being burned is not contained in an incinerator, outdoor fireplace, barbeque grill or barbeque pit and has a total fuel area of 3 feet or less in diameter and 3 feet or less in height. F. Recreational Fire Permit: A permit, issued by the City Manager or designee, for the purpose of starting a Recreational Fire. G. Structure: Is that which is built or constructed, an edifice or building of any kind. Subdivision 2. Open Burning Prohibited A. No open burning shall be permitted within the municipal boundary of the City, except as specifically provided in this Section. Golden Valley City Code Page 1 of 3 § io.2� B. Exemption to conduct fires under this Section does not excuse a person from the consequences, damages, or injuries which may result therefrom nor does it exempt any person from regulations promulgated by the Minnesota Pollution Control Agency or any other governmental unit exercising jurisdiction in matters of pollution or fire hazard regulation. Subdivision 3. Construction Projects Open burning is not allowed for the purpose of thawing frozen ground or far maintaining interior structure temperature in connection with construction projects. Subdivision 4. Recreational Fires A Recreational Fire Permit, provided by the City Manager or designee, shall be required prior to starting any Recreational Fire. Recreational Fire Permits shall be valid for a period of one calendar year and shall expire yearly on December 31. Such fires shall adhere to the following regulations at all times: A. Recreational Fires shall be constantly attended by a Respansible Person until extinguished. During the time a Recreational Fire is burning, the Recreational Fire Permit must be available upon request by the City Manager or designee. B. Recreational fires shall not be used for the disposal of yard waste, construction materials, or common household trash. Fuel for recreational fires shall only be that of clean wood. C. No recreational fire shall be allowed if wind speeds exceed ten (10) miles per hour. D. Flames from a recreational fire shall not exceed 3 feet in height as measured from the base of the �re. E. Recreational fires shall remain 25 feet from any flammable liquids or structure constructed of combustible materials. F. A garden hose or other adequate means of extinguishment shall be available for emergency purposes. G. When prohibited by action of any state or federal agency, recreational fires shall not be permitted. H. At the discretion of the City Manager or designee, any recreational fire not adhering to the above regulations, or that poses a dangerous condition shall be considered a public nuisance and shall be immediately extinguished. Any Golden Valley City Code Page 2 of 3 § 10.23 person or persons who fail to comply with these conditions shall be in violation of this Section. I. Recreational Fire Permits shall only be issued to Responsible Persons. J. Recreational fires shall not be permitted if the Minnesota Pollution Control Agency has declared an Air Quality Alert. Subdivision 5. Other Exemptions A. Fires under managed supervision for which a burning permit has been obtained from the City Manager or designee and, where required by state law, from the Department of Natural Resources, but limited to the following: 1. Fires purposely set for the instruction and training of public and industrial firefighting personnel; 2. Fires set for the elimination of a structure/fire hazard which cannot be abated by any other practicable means; and 3. Fires purposely set for forest, game, or grassland management purposes. Subdivision 6. Revocation Violation of any provisions of this Section shall result in the revocation of any Recreational Fire Permits far a period of one year. Source: Ordinance No, 327, 2nd Series Effective Date: 5-20-OS Golden Valley City Code Page 3 of 3 ORDINANCE NO. 504, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Amending Section 10.23 Regarding Recreational Fires The City Council for the City of Golden Valley hereby ordains as follows: Section 1. City Code Section 10.23, Subd. 1(C) is hereby amended by adding the following sentence at the end of the paragraph: "This also includes partable fireplaces, such as chimeneas, that are within the above size requirements." Section 2. City Code Section 10.23�Subd. 4 is hereby amended by deletinq Subdivision 4(C) in its entirety and reletterinq subdivisions D throuqh J inclusive. Section � 3. City Code Section 10.23, Subd. 4(� E) is hereby amended by deleting the words "a safe distance" and replacing it with the words "25 feet." Section �4. City Code Section 10.23, Subd. 4 hereby amended by adding item �4 J as follows: "�4.J. Recreational fires shall not be permitted if the Minnesota Pollution Control Agency has declared an Air Quality Alert. Section 4 5. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 10.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section � 6. This Ordinance shall take effect from and after its passage and publication as required by law. Adopted by the City Council this 20th day of August, 2013. /s/Shepard M. Harris Shepard M. Harris, Mayor ATTEST: /s/Susan M. Virniq Susan M. Virnig, City Clerk �L�V 1.�� r� Public Works Departrnent 763-593-80301763-593-3988(fax) �y g� „� +p��;yp�� p, ;�;gp�,�� ..M Nii! � ��e`�:a"x.x,,,ti.+..a'�"a...,,,.r..s......__ .::. "y,e..e -.,.... . �...... . .. ... F...�IiT�.. R��"�...�H.�h.a''s-"=Y,k.::�b.�%A"..A«4?..�,....-*.,.:, ff�kSfa*A'csi,..�' �...... ....... . Executive Summary For Action Golden Valley City Council Meeting August 20, 2013 Agenda Item 6. C. Resolution Adopting Findings of Fact and Issuing a Statement of Public Purpose for MnDOT Lot 18, Block 2 of Spring Green South Prepared By leannine Clancy, Director of Public Works Eric Eckman, Public Works Specialist Summary The Minnesota Department of Transportation (MnDOT) owns property located at the northwest corner of the intersection of Interstate 394 and Trunk Highway 100. MnDOT acquired the property for construction staging during the tnterstate 394 project. One of these properties is referred to the Lot 18, Block 2 of Spring Green South; please see Exhibit A and note Lot 18 depicted in the blue hatch mark on the location map. The City of Golden Valley and its Housing and Redevelopment Authority are working with a developer interested in purchasing property from MnDOT to construct senior housing and market-rate apartments on the site. The area encompassed by Lot 18, Block 2 of Spring Green South will be utilized by the public for surface water management including, but not limited to ponds, wetlands, utilities, trails and maintenance access. It is the intent of the City to retain Lot 18, Block 2 of Spring Green South for public purposes such as transportation, access, utilities, and drainage, The City will continue to work closely with MnDOT on the turnback of frontage roads and excess property along Interstate 394, including the Lot 18, Block 2 of Spring Green South. In order to clarify for the record that the conveyance of the Lot 18, Block 2 of Spring Green South from MnDOT to the City is for public purpose, staff recommends that City Council adopt the attached resolution. Attachments • Location Map (1 page) • Resolution Adopting Findings of Fact and Issuing a Statement of Public Purpose for MnDOT Lot 18, Block 2 of Spring Green South (Northwest Corner I-394 and TH 100) (2 pages) Recommended Action Motion to adopt Resolution Adopting Findings of Fact and Issuing a Statement of Public Purpose for MnDOT Lot 18, Block 2 of Spring Green South. _� �,x�� Y� � s�o � , ,. � � r1, . _ �` ,, ,, ,tih ,�- ' j �� y �� .�,' �,�\ ' � , . . �� ''�t,. , �� o -�F� G},�Zo ��' :i __ � � � ' 124�07 �y, r y �a �, . , � 'iWY�. 8t�2 . � . /':.� f . '� +�j^�` �� -":. 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Resolution 13-77 - Continued August 20, 2013 NQW, THEREFORE, BE IT RESOLVED, the City of Golden Valley has determined that Lot 18, Block 2 Spring Green South, when conveyed to the City, shall be possessed, owned, and used by the City as public right-of-way for public purposes, including but not limited to, transportation, access, utilities, drainage, and stormwater management. Shepard M. Harris, Mayor ATTEST: Susan M. Virnig, City Clerk The motion for the adoption of the foregoing resolution was seconded by Member and upon a vote bsing 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.