08-16-16 CC Agenda Packet (entire) City Ot AGENDA
vIde-n Regular Meeting of the
valley City Council
Golden Valley City Hall
7800 Golden Valley Road
Council Chamber
August 16, 2016
6:30 pm
1. CALL TO ORDER PAGES
A. Pledge of Allegiance
B. Roll Call
C. Proclamation for Hunger Action Month 3
2. ADDITIONS AND CORRECTIONS TO AGENDA
3. CONSENT AGENDA
Approval of Consent Agenda - All items listed under this heading are considered to be
routine by the City Council and will be enacted by one motion. There will be no
discussion of these items unless a Council Member so requests in which event the item
will be removed from the general order of business and considered in its normal
sequence on the agenda.
A. Approval of Minutes - City Council Meeting August 3, 2016 4-6
B. Approval of Check Register
1. City 7
2. Housing and Redevelopment Authority 8
C. Licenses:
1. Approve Temporary Liquor License for Golden Valley Community Foundation 9
2. Approve Temporary Liquor License for Chesterbird American Legion 10
D. Minutes of Boards and Commissions:
1. Board of Zoning Appeals - June 28, 2016 11-12
2. Joint Water Commission - May 4, 2016 13-19
E. Receipt of July 2016 Financial Reports 20-28
F. Approve Requests for Beer and/or Wine at Brookview Park 29-30
G. Approve Amendments No. 2 related to the Community Development Block Grant 31-41
Program for Pesch Place Renovation Project, 2000 Mary Hills Drive
H. Authorize Cooperative Construction Agreement with MnDOT For Wayzata Boulevard 42-51
Turn Lane, Project No. 15-19 16-47
I. Authorize Agreement with Maxfield Research & Consulting, LLC for Comprehensive 52-67
Housing Market Study
J. Authorize Cooperative Agreement with the Metropolitan Council Environmental 68-82
Services (MCES) for the Liberty Crossing Flood Mitigation Project
4. PUBLIC HEARINGS
A. Public Hearing - Ordinance #609 - Major PUD Amendment Plan for Central Park 83-166
West PUD No. 121, Amendment #2 - 10 West End - Ryan Companies US, Inc.,
Applicant
B. Public Hearing - Ordinance #610 - Amending Section 11.04 Temporary Uses 167-181
regarding the prohibition of Temporary Family Health Care Dwellings
5. OLD BUSINESS
6. NEW BUSINESS
A. First Consideration - Ordinance #611 - Amending City Code Section 9.07, Modifying 182-184
Winter Parking Regulations
B. Approve Amendment to City Manager Employment Agreement 16-48 185-187
C. Announcements of Meetings
1. Set Special Meeting for the Golden Valley Housing and Redevelopment 188
Authority
2. Future Draft Agendas: City Council September 6, 2016, Council/Manager 189-191
September 13, 2016, and City Council September 20, 2016
D. Mayor and Council Communications
7. ADJOURNMENT
CITY OF GOLDEN VALLEY
PROCLAMATION FOR
HUNGER ACTION MONTH
WHEREAS, hunger and poverty are issues of grave concern in the United
States, the State of Minnesota and the City of Golden Valley; and
WHEREAS, the City of Golden Valley is committed to taking steps to raise
awareness about the need to combat hunger in every part of our city and to provide
additional resources that citizens of Golden Valley need; and
WHEREAS, the City of Golden Valley is committed to working with Second
Harvest Heartland in educating people about the role and importance of food banks in
addressing hunger and raising awareness of the need to devote more resources and
attention to hunger issues; and
WHEREAS, more than one in 10 individuals in Minnesota rely on food provided
by Second Harvest Heartland and Minnesota's Feeding America Food Banks annually;
and
WHEREAS, Second Harvest Heartland distributed more than 77 million meals in
2015 through its network of food shelves, pantries and other partner programs; and
WHEREAS, food banks across the country, including Second Harvest Heartland
will host numerous events throughout the month of September to bring awareness and
attention to encourage involvement in efforts to end hunger in their local community;
NOW, THERFORE, BE IT RESOLVED, that the City of Golden Valley recognizes
the month of September as Hunger Action Month in the City of Golden Valley
IN WITNESS WHEREOF, I have hereunto set my hand and caused the great
seal of the City of Golden Valley to be affixed this 16th day of August, 2016.
Shepard Harris, Mayor
city QjUNOFFICIAL MINUTES
CITY COUNCIL MEETING
01den GOLDEN VALLEY, MINNESOTA
aIle August 3, 2016
1. CALL TO ORDER
Mayor Harris called the meeting to order at 6:30 pm.
1A. Pledge of Allegiance
1 B. Roll Call
Present: Mayor Shep Harris, Council Members Joanie Clausen, Larry Fonnest and Steve
Schmidgall. Also present were: City Manager Cruikshank, City Attorney Garry and City Clerk
Luedke.
Absent: Council Member Andy Snope
2. ADDITIONS AND CORRECTIONS TO AGENDA
MOTION made by Council Member Fonnest, seconded by Council Member Clausen to
approve the agenda of August 3, 2016, as submitted and the motion carried.
3. APPROVAL OF CONSENT AGENDA
MOTION made by Council Member Clausen, seconded by Council Member Schmidgall to
approve the consent agenda of August 3, 2016, as submitted and the motion carried.
3A1. Approve Minutes of the Council/Manager Meeting - May 10, 2016
3A2. Approve Minutes of the City Council Meeting of July 19, 2016.
313. Approve City Check Register and authorize the payment of the bills as submitted.
3C1. Receive and file the gambling license exemption and approve the waiver of notice
requirement for Angel Foundation.
3C2. Receive and file the gambling license exemption and approve the waiver of notice
requirement for Cancer Legal Line.
3D. Accept for filing the Minutes of Boards and Commissions as follows:
1. Planning Commission - June 27, 2016
2. Environmental Commission - April 25, 2016
3. Human Services Fund - May 9, 2016
4. Bassett Creek Watershed Management Commission - May 19, 2016
3E. Approve a one-year extension for an approved Zoning Code variance for 43 Western
Terrace to August 5, 2017.
3F. Receive and file the June 2016 Financial Reports.
4. PUBLIC HEARINGS
4A. Public Hearing - Approval of Conditional Use Permit 151 - 9050 Golden Valley
Road - Affinity Plus Federal Credit Union, Applicant - Item tabled from July 5 City
Council Meeting
Planning Manager Zimmerman presented the staff report and answered questions from
Council.
Mayor Harris opened the public hearing. No one came forward. Mayor Harris closed the public
hearing.
Unofficial City Council Minutes -2- August 3, 2016
4A. Public Hearing - Approval of Conditional Use Permit 151 - continued
MOTION made by Council Member Clausen, seconded by Council Member Fonnest to receive
and file the withdrawal of the application for Conditional Use Permit No. 151 for 9050 Golden
Valley Road, Affinity Plus Federal Credit Union, Applicant and the motion carried.
6. NEW BUSINESS
6A. Authorization to Sign Amended PUD Sub-Permit - Hidden Lakes PUD No. 74,
Amendment No. 6 - 1725 Bridgewater Road - Arash Allaei, Applicant - Item tabled
from July 5 City Council Meeting
Planning Manager Zimmerman presented the staff report and answered questions from
Council.
MOTION made by Council Member Clausen, seconded by Council Member Schmidgall to
acknowledge the withdrawal of the Minor PUD Amendment and the motion carried.
6B. METRO Blue Line Extension Update
Planning Manager Zimmerman presented the staff report and answered questions from
Council.
There was Council discussion regarding the METRO Blue Line update.
MOTION made by Council Member Fonnest, seconded by Council Member Clausen to receive
and file the METRO Blue Line Extension Update and the motion carried.
6C. Announcements of Meetings
Some Council Members may attend a meeting with Congressman Keith Ellison on August 4,
2016, at 9 am in the Council Conference room.
A Movie in The Park featuring "Zootopia" will be held on August 4, 2016, at 8:30 pm at Wesley
Park.
Some Council Members may attend the Market in the Valley on August 7 and 14, 2016, from 9
am to 1 pm in the City Hall Campus Parking Lot.
Board and Commission interviews will be held on August 8, 2016, at 5 pm in the Council
Conference Room.
A Closed Executive Session regarding the performance evaluation of the City Manager will be
held on August 8, 2016, at 5:30 pm in the Manager's Conference Room.
The next Council/Manager Meeting will be held on August 8, 2016, in the Council Conference
Room.
A Concert in the Park featuring Stompin' Dixie will be held on August 8, 2016, at 7 pm at
Brookview Park.
Some Council Members may attend a Picnic and Music in the Park featuring The Flyers on
August 9, 2016, from 11:15 am to noon at Parkview Park.
Unofficial City Council Minutes -3- August 3, 2016
6C. Announcements of Meetings - continued
The Primary Election will be held on August 9, 2016. The polls will be open from 7 am to 8 pm
at the various polling locations.
A Movie in The Park featuring "Inside Out' will be held on August 11, 2016, at 8:30 pm at
Scheid Park.
The next City Council meeting will be held on August 16, 2016, at 6:30 pm.
6D. Mayor and Council Communication
Council thanked the Golden Valley Police Department for coordinating over 100 Night to Unite
events this year. The Council also thanked the Police Officers they rode with during the event
and said they enjoyed meeting residents at the events.
Council discussed possible topics that may be presented at the meeting with Congressman
Ellison the next day.
Council stated that Living In The Valley Event (LIVE) did a great job at their Taste and Tour of
Golden Valley and that they enjoyed attending it.
Mayor Harris stated that the Golden Valley CityNews recently sent out included the polling
locations for the election next Tuesday and reminder residents to get out and vote. He also
thanked Council Member Schmidgall for chairing the Bicycle and Pedestrian Planning Task
Force which met for the first time this week. He noted that that the Holiday Canadian Pacific
train, which partners with local food shelves, may make a stop in Golden Valley in December.
7. ADJOURNMENT
MOTION made by Council Member Clausen, seconded by Council Member Schmidgall and
the motion carried unanimously to adjourn the meeting at 7:05 pm.
Shepard M. Harris, Mayor
ATTEST:
Kristine A. Luedke, City Clerk
city of
golden MEMORANDUM
Vl1
a. eY Administrative Services Department
763-593-8013/763-593-3969(fax)
Executive Summary For Action
Golden Valley City Council Meeting
August 16, 2016
Agenda Item
3. B. 1. Approval of City Check Register
Prepared By
Sue Virnig, Finance Director
Summary
Approval of the check register for various vendor claims against the City of Golden Valley.
Attachments
• Document sent via email
Recommended Action
Motion to authorize the payment of the bills as submitted.
city of "I"
golden MEMORANDUM
a.V11 ey4 Administrative Services Department
763-593-8013/763-593-3969(fax)
Executive Summary For Action
Golden Valley City Council Meeting
August 16, 2016
Agenda Item
3. B. 2. Approval of Housing and Redevelopment Authority Check Register
Prepared By
Sue Virnig, Finance Director
Summary
Approval of the check register for various vendor claims against the Housing and Redevelopment
Authority.
Attachments
• Document sent via email
Recommended Action
Motion to authorize the payment of the bills as submitted.
city 0
goldenoiNirMEMORANDUM
valley Administrative Services Department
763-593-8013/763-593-3969(fax)
Executive Summary For Action
Golden Valley City Council Meeting
August 16, 2016
Agenda Item
3. C. 1. Temporary On-Sale Liquor License- Golden Valley Community Foundation for the Golden
Valley Arts & Music Festival
Prepared By
Kris Luedke, City Clerk
Summary
The Golden Valley Arts & Music Festival continues to grow in its success. This year, the Festival
will be held on Saturday, September 17, 2016, from 9:30 am (parade start)to 10 pm. The Festival
will be held "under the water tower" City Hall campus location. The sale of beer and wine will be
from noon until 9:30 pm in a fenced area and monitored by Golden Valley Community
Foundation volunteers who will check ID's and tag with a wrist band those who are identified as
of legal drinking age.
The City Code does provide for temporary sales of liquor with Council approval. Also, required is a
certificate of liquor liability insurance naming the City as an additional insured in the amount of
$1,000,000. The Foundation is in the process of obtaining the required insurance certificate.
Recommended Action
Motion to approve a temporary liquor license for the Golden Valley Community Foundation for
the Golden Valley Arts & Music Festival contingent upon receipt of liquor liability insurance
certificate for Saturday, September 17, 2016.
cityof "0"
golden 4 MEMORANDUM
V 11eyAdministrative Services
Department
763-593-8013/763-593-3969(fax)
Executive Summary For Action
Golden Valley City Council Meeting
August 16, 2016
Agenda Item
3. C. 2. Temporary On-Sale Liquor License - Chester Bird American Legion Car Show Fundraisier
Prepared By
Kris Luedke, City Clerk
Summary
The Chester Bird American Legion has applied for a temporary on-sale liquor license for Sunday,
August 28, 2016, from 10 am to 6 pm for the American Legion Car Show fundraiser. The beer and
wine will be in a fenced area and monitored by American Legion volunteers.
The City Code does provide for temporary sales of liquor with Council approval. Also, required is a
certificate of liquor liability insurance naming the City as an additional insured in the amount of
$1,000,000. The Chester Bird American Legion has provided this certificate for their event.
Recommended Action
Motion to approve a temporary on-sale liquor license for the Chester Bird American Legion for
the American Legion Car Show on Sunday, August 28, 2016.
JOINT WATER COMMISSION MINUTES
Golden Valley - Crystal - New Hope
Meeting of May 4, 2016
The Golden Valley — Crystal — New Hope Joint Water Commission (JWC) meeting was
called to order at 1:30 pm in the City of Golden Valley Council Chambers.
Commissioners Present
Anne Norris, City Manager, Crystal
Kirk McDonald, City Manager, New Hope
Tim Cruikshank, City Manager, Golden Valley
Staff Present
Marc Nevinski, Physical Development Director, Golden Valley
Sue Virnig, Finance Director, Golden Valley
Bert Tracy, Public Works Maintenance Manager, Golden Valley
Jeff Oliver, City Engineer, Golden Valley
Bernie Weber, Operations Manager, New Hope
Randy Kloepper, Water Superintendent, Crystal
Dave Lemke, Utilities Supervisor, New Hope
R.J. Kakach, Utility Engineer, Golden Valley
Bob Paschke, Director of Public Works, New Hope
Mark Ray, Director of Public Works/City Engineer, Crystal
Approval of Minutes — April 6, 2016
Moved by McDonald seconded by Cruikshank to approve the minutes of the April 6, 2016
Joint Water Commission Meeting. Motion carried.
2016 Capital Improvement Fund Summary
Sue Virnig provided the Commission a copy of the Capital Improvement Plan 2016 through
2020, Projects and Funding Sources by Department. Staff reviewed with the Commission
the 2016 and 2017 projects and their status.
Golden Valley Reservoir Generator Move Update Contract Approval
In July of 2014 quotes were solicited to move the generator at the Golden Valley Reservoir
as part of the Joint Water Commission Emergency Well Project. The generator move was
postponed due to the urgency of the 36-Inch PCCP Rehabilitation Project and the risk of
having the Golden Valley generator out of service while the Crystal Reservoir was out of
service and to allow the installation and maintenance of the emergency well. The original
quotes for the project were considered invalid as nearly two years had passed since the
original discussion began. With the completion of the 36-Inch PCCP project, the JWC TAC
obtained updated quotes for moving the generator. Quotes were received from Killmer
Electric Company, Inc. and Allied Generators. The TAC reviewed the quotes and
recommended awarding the contract to Killmer Electric Company for $44,205.00. The
quote includes relocation of the generator pad, conduit, wiring, concrete removal, asphalt
removal, disposal and pouring of a new pad. The price also includes the removal and
extending the retaining wall.
Moved by Cruikshank seconded by McDonald to award the Golden Valley Reservoir
Generator Relocation Contract to Killmer Electric in the amount of $4,205. Motion carried.
Joint Water Commission
May 4, 2016
Page 2 of 2
Golden Valley Reservoir Solar Panel Update
Staff met and is working with the Park District to review Solar Panel options.
Update on Annual Tri-City Council Meeting set for May 31, 2016. DeCola Ponds
Flooding Issue/Report and Proceeding with Establishing a Government Body for the
Project.
The goals of the meeting will be to communicate the status of the JWC Distribution System
Study, the PCCP Rehabilitation Project, and the Emergency Water Supply. Also staff will
request specific direction on the DeCola Ponds/Medicine Lake Road/Winnetka Avenue
Flood Mitigation Project and to obtain an agreement for each city to pass a resolution for
this project. Barr Engineering will be providing a power point presentation.
TAC Update
The Joint Water Commission Technical Advisory Committee (TAC) met on April 25, 2016.
Staff provided the Commission with an update of the 36-Inch PCCP Project stating a few
minor punch-list items need to be completed and waiting for redlines/as-built drawings from
BMI.
Staff discussed the Water Supply Plan with SEH and determined each City will submit
information individually for the Plan. SEH will model the JWC System with Douglas Drive
out of service and the majority of pumping coming from Crystal through the summer.
Staff reported the PCCP Analysis Update Modeling has been updated and run with eight
different scenarios that were identified at the March Meeting with Short Elliot Hendrickson.
Consultant to provide modeling maps this week. Maps for risk analysis algorithm to JWC
the first week of May.
JWC Capital Improvement Projects. Each city will work on their projects to update the CIP.
Each City will identify their arc flash upgrade needs and work to coordinate one contractor
to come in once and perform all work. Crystal will be doing all pumping this summer while
Golden Valley is working on Douglas Drive
Other Business
None
Next Meeting
The next meeting is scheduled for June 1, 2016 at 1:30 pm in the Golden Valley Council
Conference Room.
Adjournment
Moved by McDonald seconded by Cruikshank to adjourn meeting. Motion carried.
Chair Norris adjourned the meeting at 2:00 pm.
Chair Anne Norris
ATTEST:
Sue Schwalbe, Recording Secretary
Minutes of a Regular Meeting of the
Golden Valley Board of Zoning Appeals
June 28, 2016
A regular meeting of the Golden Valley Board of Zoning Appeals was held on Tuesday,
June 28, 2016, at City Hall, 7800 Golden Valley Road, Golden Valley, Minnesota. Chair
Perich called the meeting to order at 7:04 pm.
Those present were Members Maxwell, Nelson, Orenstein, Perich and Planning
Commission Representative Segelbaum. Also present were Associate Planner/Grant
Writer Emily Goellner, Planning Intern Chloe McGuire Brigl, and Administrative Assistant
Lisa Wittman.
I. Approval of Minutes — May 24, 2016, Regular Meeting
MOVED by Nelson, seconded by Maxwell and motion carried 4 to 1 to approve the May
24, 2016, minutes as submitted. Commissioner Segelbaum abstained.
II. The Petition(s) are:
1439 Tyrol Trail
Michael and Caity Bateman, Applicants
Request: Waiver from Section 11.21, Single Family Zoning District, Subd.
11(A)(3)(b) Side Yard Setback Requirements
• 8.9 ft. off of the required 12.5 ft. to a distance of 3.6 ft. at its closest point to
the side yard (east) property line.
Purpose: To allow for the construction of a new garage
Goellner referred to a site plan of the property and explained the applicants' request to
build a new two-stall garage addition with a deck above 3.6 feet from the side yard
(east) property line. She noted that the existing garage is a standard sized two-stall
garage, however the applicants have stated that their unique circumstances include: the
challenging topography limits the buildable area, the existing garage is a tuck-under
garage with an L-shaped driveway entrance, and their request is similar to a variance
granted in 1983.
Goellner stated that staff is recommending denial of the variance request because a
garage addition 3.6 feet from the side yard property line is very unique and would
impact the character of the neighborhood. It would also impact the home to the east
which is only 12 feet away from the property line.
Segelbaum referred to the criteria the Board uses in deciding variance requests and
asked if altering the essential character of the locality is the criteria staff is referring to.
Goellner said yes.
Minutes of the Golden Valley Board of Zoning Appeals
June 28, 2016
Page 2
Orenstein asked about the variance granted in 1983. Goellner stated that the garage
proposed in 1983 was essentially the same size as the current garage proposal, but the
one in 1983 did not have a deck on top of it. She added that the size of the proposed
garage is smaller than the existing garage. Orenstein asked if the current proposal
didn't include a deck if staff would be supportive of it. Goellner stated that the existing
garage while inconvenient, doesn't constitute a practical difficulty.
Perich asked about the size of a standard two-stall garage. Goellner stated that a two-
stall garage is typically 22 ft. x 22 ft. or 24 ft. x 24 ft. in size. Maxwell noted that the
proposed garage is smaller than that. Goellner stated that the proposed garage is 20 ft.
wide x 28 ft. deep which is narrower, but slightly deeper than the existing garage.
Nelson asked if the existing garage was pushed further out toward the east if the
turning and maneuvering issues would be the same. Goellner said yes.
Caity Bateman, Applicant, stated that the existing garage is a two-stall garage, but it is
very difficult to maneuver because there is a post in the middle of the two stalls. She
stated that there are also foundation issues in the existing garage that need to be
addressed so they would like to do both projects at the same time.
Michael Bateman, Applicant, stated that the existing garage doors are 6.5 ft. in height.
He stated that the look and height of the proposed new garage will be similar to the
existing garage because they are proposing to drop the elevation of the garage floor.
He stated that they want to be able to pull straight into the garage and not have to turn
to enter. He added that the house to the east does not use their side entrance so the
impact will be less and they are planning on adding a path between the two properties
which will make the access better.
Nelson noted that the applicants bought this home fairly recently and asked if they
realized the situation before they bought it. Mr. Bateman said they knew about the
foundation issue, but not the difficult maneuverability.
Orenstein asked if the center post in the garage is structural. Mr. Bateman said yes.
Orenstein asked if the post would be difficult to remove. Mr. Bateman said he didn't
know.
Perich asked when the house was built. Ms. Bateman said it was built in the 1930s.
Perich opened the public hearing. Seeing and hearing no one wishing to comment,
Perich closed the public hearing.
Orenstein said this is a difficult one. Nelson agreed and said she is sympathetic with the
applicants' issues but the Board tries to keep setbacks consistent. She said this is a
huge variance that will have a big impact on the neighbor and the garage should have
been investigated further when the house was purchased.
Minutes of the Golden Valley Board of Zoning Appeals
June 28, 2016
Page 3
Segelbaum agreed that consistency is a factor in considering variance requests. He
said the Board is in favor of people improving their homes, but they have to balance
that against the impact to the neighborhood. He said his concern is that granting this
variance will provide too many arguments for others to want to do the same.
Mr. Bateman stated that the house sits high above the road and the garage will be set
back quite a bit on the lot so it won't be as impactful.
Perich said he understands the issues with tuck-under garages and he is debating
whether the proposed new garage is out of character with the neighborhood or not. He
added that if the garage is left as it is they will have the same issues 20 years from now.
Maxwell added that a similar variance was also approved in the past.
Segelbaum said being able to sell the house in the future is important, but Tyrol is a
gem that he wants to preserve. He added the he doesn't want to compromise the
neighboring home and reiterated that he worries it will be harder to say no to similar
variance requests in the future if they grant this one.
Maxwell said he is concerned about how close the proposed garage would be to the
side yard property line. Nelson agreed.
John Sylvestre, Applicant's Contractor, said that the area in back of the garage is
unusable and that the proposed garage would improve the look of the neighborhood.
He stated that part of the charm of the property is the ability to have a two-stall garage
and it is very difficult to get cars in the existing garage at all. He added that they
considered building a smaller garage but then the applicants wouldn't be able to open
their car doors inside of the garage.
Maxwell asked how much smaller of a garage they considered. Sylvestre said a 16-foot
wide garage door is standard which means they could build an 18-foot wide garage
which is 2 feet smaller than proposed, but it would be difficult to open car doors.
Maxwell noted that if an 18-foot wide garage was proposed the variance request would
be for 10.9 ft. off of the required 12.5 ft. to a distance of 5.6 ft. at its closest point to the
side yard (east) property line.
Goellner asked if the floor could be lowered in the existing garage. Sylvestre said they
could possibly lower the existing garage floor, but that would not help with the turning
and maneuverability issues. Goellner said she thinks having one wider garage door,
rather than two individual doors might make it easier to maneuver.
Maxwell said he understands that it is difficult to use the existing garage. Segelbaum
asked if the driveway could be extended to make turning easier. Nelson said it seems
other options are available. Maxwell asked the applicant if they would like to have their
proposal tabled in order to explore other options.
Mr. Bateman stated that they would like to convert the existing garage to living space.
Minutes of the Golden Valley Board of Zoning Appeals
June 28, 2016
Page 4
Perich said the Board would like to exhaust other options because such a large
variance request, this close to the property line, is difficult to grant.
Goellner asked the Board what kind of information they would like the applicants to
provide and stated that if the item is tabled the Board is indicating that they may
approve a variance. Maxwell said he would like to know if the post in the existing
garage can be removed and if there is a way to minimize the size of the variance
request. Nelson said she is not going to be in favor of such a large variance.
Segelbaum agreed. Perich also agreed and said even if the variance request is smaller
he is not sure it will be approved.
Mr. Bateman said they would like to table their request.
MOVED by Maxwell, seconded by Perich and motion carried unanimously to table this
item to the July 26, 2016, Board of Zoning Appeals meeting.
1315 Angelo Drive
Mohammad Vedadi, Applicant
Request: Waiver from Section 11.21, Single Family Zoning District, Subd.
11(13) Height Limitations
• 3.5 ft. over the 25 ft. of height allowed for a total height of 28.5 ft.
Purpose: To allow for the construction of a new home.
Goellner referred to a site plan of the property and explained the applicant's request to
construct a new home 28.5 in height rather than the allowed height of 25 feet. She noted
that the applicant is proposing to utilize the existing driveway and retaining walls.
Goellner stated that the applicants stated unique circumstances include the fact that they
are placing the new home in the same location as the existing home, they want an
opportunity for a rooftop terrace, the rooftop access will allow for maintenance of
proposed solar collectors, the rooftop access will not be easily visible from surrounding
properties or from Angelo Drive, and the proposed new home will be similar in height as
the existing home to the south.
Goellner stated that staff is recommending approval of the variance request because the
existing grading constitutes a practical difficulty in meeting the height requirement, the
proposal would not require a variance if had a pitched roof design instead of a flat roof,
the proposed home would not alter the essential character of its locality, and the proposed
home has been designed to have as minimal visual impact as possible.
Maxwell asked if the proposed home could be taller if it had a pitched roof. Goellner said
yes and referred to the illustration in the Zoning Code regarding height. She explained that
the Zoning Code currently has conflicting information about the height of houses with flat
Minutes of the Golden Valley Board of Zoning Appeals
June 28, 2016
Page 5
roof compared to the height of house with pitched roofs and that staff will be addressing
the language in the future to make the requirements more clear.
Segelbaum asked if the tallest portion of the structure is a deck area. Goellner said no, the
tallest portion is the top of the elevator structure and would not be usable space.
Segelbaum asked if it could be turned into usable space in the future. Goellner said the
rooftop will be used as livable space, but not the top of the elevator.
Maxwell questioned the unique circumstances in this case. Goellner explained the
conflicting language in the Zoning Code regarding height. She noted that only a portion of
the proposed new house would be 28.5 tall, not the entire house.
Jerry Allen, Criteria Architects, said it is never his intent to seek variances. He stated that
the homeowners have received variances in the past to add on to the existing garage, but
they've decided that would not be a good option for them and it would be more impactful
to neighboring property. He added that the elevator portion of the proposed home is the
only part that is too tall and it is only 8 feet wide and will not be visible from the street.
Segelbaum asked if they plan to put anything on top of the elevator structure. Allen said
no and added that there would need to be another access to get to the top of the elevator
structure.
Perich opened the public hearing.
Beth Hammer, 1305 Angelo Drive, said her house is taller than the applicant's proposed
new house. She added that she has no problems with the proposal and thinks it will be a
nice addition to the neighborhood.
Seeing and hearing no one else wishing to comment, Perich closed the public hearing.
Nelson said she thinks the proposal is reasonable, it's in harmony with the City's Codes,
and it will improve the character of the neighborhood. She added that she is also
supportive of the requested variance because the Zoning Code has conflicting language
regarding height, and if the proposed house had a pitched roof it would not require a
variance. The Board agreed.
MOVED by Orenstein, seconded by Maxwell and motion carried unanimously to
approve the requested variance for 3.5 ft. over the 25 ft. of height allowed for a total
height of 28.5 ft. to allow for the construction of a new home.
1361 Mandan Avenue North
Peggy Lahammer, Applicant
Request: Waiver from Section 11.21, Single Family Zoning District, Subd.
11(A)(3)(a) Side Yard Setback Requirements
Minutes of the Golden Valley Board of Zoning Appeals
June 28, 2016
Page 6
• 3 ft. off of the required 15 ft. to a distance of 12 ft. at its closest point to the
side yard (south) property line.
Purpose: To allow for the construction of a new deck.
Request: Waiver from Section 11.21, Single Family Zoning District, Subd.
11(A)(1) Front Yard Setback Requirements
• 10.67 ft. off of the required 30 ft. to a distance of 19.33 ft. at its closest point
to the front yard (west) property line.
Purpose: To allow for the construction of a new deck.
McGuire Brigl, referred to a survey of the property and explained the applicant's request
to build a deck approximately 560 square feet in size.
Maxwell asked if the existing house is already located in the front setback area along
Boone Avenue. McGuire Brigl said yes, and noted that the house is situated oddly on
the lot. Segelbaum asked if variances need to be granted for the existing home.
McGuire Brigl said no, the existing house is grandfathered in.
McGuire Brigl referred to an illustration showing the allowable buildable area for a deck
addition. She also showed the Board various deck configurations that would require a
variance only from the west (front) property line, and not the south (side) property line.
Segelbaum asked if the applicant would need variances to build a patio. Goellner said
the applicant could build a patio 3 feet from the property lines.
McGuire Brigl noted that the applicant has said the unique circumstances are that the
home was built in the 1960s on a corner lot, the home was built in an unusual location
on the lot, there are several other non-conforming decks in the neighborhood, and the
home to the south was built within 4 feet of the property line. She stated that staff is
recommending denial of the requested variances because a deck in the proposed
location, 19.33 feet from the west property line and 3 feet from the south property line
would impact the character of the neighborhood.
Margaret (Peggy) Lahammer, applicant, stated that the home is small and was built in
1964. She said when she moved in she talked to the neighbors about her plans to build
a deck and added that every home along Boone Avenue has a non-conforming deck.
She stated that there is an additional 10 feet between the property line and the curb
along Boone Avenue so the proposed deck won't be 19.33 feet from the street. She
added that the deck she is proposing is very modest and the neighbors are pleased
with it.
Orenstein asked the applicant what she meant when she said the deck she is
proposing is modest. Lahammer said she was referring to the size of the proposed deck
and stated that she also has to build around a large air conditioning unit.
Minutes of the Golden Valley Board of Zoning Appeals
June 28, 2016
Page 7
Nelson said she is sympathetic with corner lots and she is not as concerned about the
variance request along Boone Avenue, as she is about the variance request from the
south property line.
Orenstein said the proposed deck is large and would be half the size of the house.
Nelson agreed that the proposed deck seems out of proportion with the house.
Lahammer showed the Board an alternative deck plan that would still be located 10.67
from the west (front) property line, but would not require a variance from the south
(side) property line.
Perich opened the public hearing. Seeing and hearing no one wishing to comment,
Perich closed the public hearing.
Segelbaum said he thinks this property deserves a variance for a deck, but the
proposed deck is fairly large. Maxwell agreed and said he would be more supportive of
the alternate proposal shown. He noted that when the Board saw the buildable area
that wouldn't require variances it's clear that some type of variance would be ok in this
case. Perich agreed.
Segelbaum asked if the proposed deck would destroy any site lines. Maxwell said he
thinks the proposed deck would add uniformity with others in the area.
MOVED by Maxwell, seconded by Nelson, and motion carried unanimously to deny the
variance request for 3 ft. off of the required 15 ft. to a distance of 12 ft. at its closest
point to the side yard (south) property line.
MOVED by Maxwell, seconded by Nelson, and motion carried unanimously to approve
the variance request for 10.67 ft. off of the required 30 ft. to a distance of 19.33 ft. at its
closest point to the front yard (west) property line.
III. Other Business
No other business was discussed.
IV. Adjournment
The meeting was adjourned at 8:12 pm.
David Perich, Chair Lisa Wittman, Administrative Assistant
city 0
go1den!V.. 0` MEMORANDUM
valle1 min
y Administrative d strative Services Department
763-593-8013/763-593-3969(fax)
Executive Summary For Action
Golden Valley City Council Meeting
August 16, 2016
Agenda Item
3. E. Receipt of July 2016 Financial Reports
Prepared By
Sue Virnig, Finance Director
Summary
The monthly financial report provides a progress report of the following funds:
General Fund Operations
Conservation/Recycling Fund (Enterprise Fund)
Water and Sewer Utility Fund (Enterprise Fund),
Brookview Golf Course (Enterprise Fund)
Motor Vehicle Licensing (Enterprise Fund)
Storm Utility Fund (Enterprise Fund)
Equipment Replacement Fund (Capital Projects Fund)
General Fund Operations: As of July 2016, the City has $381,749 of fund balance to balance the
General Fund Budget.
Attachments
• July 2016 General Fund Financial Reports (2 pages)
• July 2016 Conservation/Recycling Fund (1 page)
• July 2016 Water and Sewer Utility Fund (1 page)
• July 2016 Brookview Golf Course (1 page)
• July 2016 Motor Vehicle Licensing (1 page)
• July 2016 Storm Utility Fund (1 page)
• July 2016 Equipment Replacement Fund (1 page)
Recommended Action
Motion to receive and file the July 2016 Financial Reports.
City of Golden Valley
Monthly Budget Report-General Fund Revenues
July 2016(unaudited)
Percentage Of Year Completed 58.33%
Over %
2016 July YTD (Under) of Budget
Type Budget Actual Actual Budget Received
Ad Valorem Taxes $14,278,810 7,353,437 7,362,086 ($6,916,724) 51.56% (1)
Licenses 217,515 4,510 215,460 ($2,055) 99.06%
Permits 840,125 118,069 1,087,599 $247,474 129.46%
Federal Grants 0 0 4,069 $4,069
State Aid 268,380 126,822 137,558 ($130,822) 51.25% (2)
Hennepin County Aid 0 3,435 $3,435
Charges For Services:
General Government 19,000 19,121 31,577 $12,577 166.19%
Public Safety 150,665 10,621 122,382 ($28,283) 81.23%
Public Works 145,800 16,663 101,311 ($44,489) 69.49%
Park&Rec 395,100 38,524 197,396 ($197,704) 49.96%
Other Funds 791,500 108,833 445,279 ($346,221) 56.26%
Fines& Forfeitures 320,425 23,922 135,314 ($185,111) 42.23% (3)
Interest On Investments 100,000 0 0 ($100,000) 0.00% (4)
Miscellaneous Revenue 233,000 22,637 126,732 ($106,268) 54.39%
Transfers In 30,000 2,500 17,500 ($12,500) 58.33% (5)
TOTAL Revenue $17,790,320 $7,845,659 $9,987,698 ($7,802,622L___56.149/6
Notes:
(1) Payments are received in July, December, and January(delinquencies).
(2) Police Training will be paid in August. Safe and Sober is billed on time spent.
(3) Fines/Forfeitures are thru for May 2016.
(4) Investment income is allocated at year end.
(5)Transfers are monthly.
City of Golden Valley
Monthly Budget Report-General Fund Expenditures
July, 2016 (unaudited)
Over %
2016 July YTD (Under) Of Budget
Division Budget Actual Actual Budget Expend.
001 Council $322,960 40,131 205,015 ($117,945) 63.48%
003 City Manager 798,260 58,765 416,923 (381,337) 52.23%
004 Transfers Out 725,000 0 725,000 0 100.00% (1)
005 Admin. Services 1,869,995 109,016 1,068,879 (801,116) 57.16%
ooh Legal 150,000 12,250 71,298 (78,702) 47.53% (2)
007 Risk Management 305,000 59,706 174,519 (130,481) 57.22%
oil General Gov't. Bldgs. 532,790 40,034 291,908 (240,882) 54.79%
016 Planning 353,800 19,407 171,399 (182,401) 48.45%
018 Inspections 777,690 53,381 387,188 (390,502) 49.79%
022 Police 5,671,180 375,652 2,926,917 (2,744,263) 51.61%
023 Fire 1,290,210 107,933 700,810 (589,400) 54.32%
035 Physical Dev Admin 298,755 21,447 157,371 (141,384) 52.68%
036 Engineering 783,470 55,096 379,755 (403,715) 48.47%
037 Streets 1,611,865 99,249 717,394 (894,471) 44.51%
065 Community Center 81,095 4,184 44,689 (36,406) 55.11%
066 Park& Rec.Admin. 705,660 49,027 364,344 (341,316) 51.63%
067 Park Maintenance 1,137,895 87,116 625,286 (512,609) 54.95%
068 Recreation Programs 374,995 39,237 177,254 (197,741) 47.27%
TOTAL Expenditures $17,790,620 $1,231,631 $9,605,949 ($8,184,671) 53.99%
(1)This transfer was made in June, 2015.
(2)Legal services are billed thru June.
City of Golden Valley
Monthly Budget Report-Conservation/Recycling Enterprise Fund
July 2016 (unaudited)
Over
2016 July YTD (Under)
Budget Actual Actual Budget Current
Revenue
Hennepin County Recycling Grant 56,770 0 30,614 (26,156) 53.93%
Recycling Charges 373,950 33,982 184,700 (189,250) 49.39%
Miscellaneous Revenues 6,000 0 0 (6,000)
Interest on Investments 4,000 0 0 (4,000) 0.00% (1)
Total Revenue 440,720 33,982 215,314 (225,406) 48.86%
Expenses:
Recycling 462,730 34,853 214,442 (248,288) 46.34% (2)
Total Expenses 462,730 34,853 214,442 (248,288) 46.34%
(1) Interest Earnings are allocated at year-end.
(2) Republic Services are billed thru June.
City of Golden Valley
Monthly Budget Report-Water and Sewer Utility Enterprise Fund
July, 2016(unaudited)
Over
2016 July YTD (Under)
Budget Actual Actual Budget Current
Revenue
Water Charges 4,303,105 599,287 2,252,166 (2,050,939) 52.34%
Emergency Water Supply 183,600 20,596 86,379 (97,221) 47.05%
Sewer Charges 3,309,260 345,454 1,808,894 (1,500,366) 54.66%
Meter Sales 8,000 0 4,039 (3,961) 50.49%
]VICES Grant Program 0 0 0 0
Penalties 110,000 2,183 99,344 (10,656) 90.31%
Charges for Other Services 90,000 4,418 177,245 87,245 196.94%
State Water Testing Fee Pass Through 45,500 4,102 23,223 (22,277) 51.04%
Sale of Assets 10,000 0 0 (10,000) 0.00%
Franchise Fees(One year only) 700,000 0 700,000 0 100.00%
Certificate of Compliance 75,000 6,425 51,525 (23,475) 68.70%
Interest Earnings 15,000 0 0 (15,000) 0.00%
Total Revenue 8,849,465 982,465 5,202,815 (3,646,650) 58.79%
Expenses:
Utility Administration 2,526,190 99,699 532,158 (1,994,032) 21.07%
Sewer Maintenance 2,723,660 254,122 1,685,766 (1,037,894) 61.89%
Water Maintenance 4,655,120 344,469 2,181,908 (2,473,212) 46.87%
Total Expenses 9,904,970 698,290 4,399,832 (5,505,138) 44.42%
City of Golden Valley
Monthly Budget Report- Brookview Golf Course Enterprise Fund
July,2016(unaudited)opened March 23
Over
2016 July YTD (Under) %
Budget Actual Actual Budget Current
Revenue
Green Fees 795,000 167,736 542,472 (252,528) 68.24%
Driving Range Fees 167,000 34,293 130,822 (36,178) 78.34%
Par 3 Fees 137,370 39,225 118,068 (19,302) 85.95%
Lawn Bowling 42,000 13,444 28,843 (13,157) 68.67%
Pro Shop Sales 80,000 13,044 55,106 (24,894) 68.88%
Pro Shop Rentals 260,000 54,697 166,424 (93,576) 64.01%
Concession Sales 360,000 81,698 247,171 (112,829) 68.66%
Other Revenue 78,000 6,415 73,273 (4,727) 93.94%
Interest Earnings 2,000 0 0 (2,000) 0.00% (1)
Less:Credit Card Charges/Sales Tax (36,000) (7,465) (12,733) 23,267 35.37%
Total Revenue 1,885,370 403,087 1,349,446 (535,924) 71.57%
Expenses:
Golf Operations 637,125 71,145 422,050 (215,075) 66.24% (2)
Course Maintenance 792,800 118,543 488,304 (304,496) 61.59%
Pro Shop 114,620 12,019 102,868 (11,752) 89.75%
Grill 251,750 57,019 206,352 (45,398) 81.97%
Driving Range 50,665 12,074 46,117 (4,548) 91.02%
Par 3 Course 27,295 6,508 16,661 (10,634) 61.04%
Lawn Bowling 27,195 3,125 8,627 (18,568) 31.72%
Total Expenses 1,901,450 280,433 1,290,979 (610,471) 67.89%
(1) Interest Earnings are allocated at year-end.
(2) Depreciation is allocated at year-end.
City of Golden Valley
Monthly Budget Report- Motor Vehicle Licensing Enterprise Fund
July 2016(unaudited)
Over
2016 July YTD (Under) %
Budget Actual Actual Budget Current
Revenue
Interest Earnings 2,000 0 0 (2,000) 0.00% (1)
Charges for Services 406,830 41,315 278,283 (128,547) 68.40%
Total Revenue 408,830 41,315 278,283 (130,547) 68.07%
Expenses:
Motor Vehicle Licensing 408,330 29,610 211,848 (196,482) 51.88%
Total Expenses 408,330 29,610 211,848 (196,482) 51.88%
(1) Interest Earnings are allocated at year-end.
City of Golden Valley
Monthly Budget Report-Storm Utility Enterprise Fund
July, 2016(unaudited)
Over
2016 July YTD (Under) %
Budget Actual Actual Budget Current
Revenue
Interest Earnings 45,000 0 0 (45,000) 0.00% (1)
Storm Sewer Charges 2,275,000 198,098 1,263,654 (1,011,346) 55.55%
Bassett Creek Watershed 810,930 0 510,883 (300,047) 63.00%
Miscellaneous Receipts(Debt Proceeds) 5,692,000 0 18,750 (5,673,250) 0.33%
State Grant-Other 0 0 0 0
Total Revenue 8,822,930 198,098 1,793,287 (7,029,643) 20.33%
Expenses:
Storm Utility 9,045,465 180,101 2,231,383 (6,814,082) 24.67% (2)
Street Cleaning 126,420 8,699 57,758 (68,662) 45.69%
Environmental Control 323,260 65,572 240,973 (82,287) 74.54%
Debt Service Payments 170,985 750 929,826 758,841 543.81% (3)
Total Expenses 9,666,130 255,122 3,459,940 (6,206,190) 35.79%
(1) Interest Earnings are allocated at year-end.
(2) Depreciation is allocated at year-end and.
(3)This included the bond payment to pay off the storm bonds early.
2016 Equipment Replacement Fund(CIP)-Fund 5700
2016 July YTD
Budget Total Actual Remaining
Revenues:
Proceeds-Certificate of Indebtedness 800,000 814,491 814,491 14,491
Sale of Assets 35,000 36,437 1,437
Miscellaneous 0 1,219 44,964 44,964
Interest Earnings(allocated at year end) 24,535 0 0 (24,535)
Total Revenues 859,535 815,710 895,892 36,357
Expenditures:
Program# Project Number Project Name
5700 Bond Expenditures 0 12,837 15,537 (15,537)
5701 V&E-001 Marked Squad Cars(Police) 80,000 74,208 110,752 (30,752)
(1) 5702 V&E-002 Computers and Printers(Finance) 80,000 4,780 45,170 34,830
V&E-016 Pickup Truck(Street) 35,000 0 0 35,000
V&E-020 Portable Computers(Police) 50,000 0 0 50,000
V&E-030 Rotary Mower(Park) 98,000 0 100,552 (2,552)
V&E-052 Asphalt Cold Planer(Street) 20,000 0 13,027 6,973
V&E-058 Fire Hose 10,000 0 9,470 530
V&E-060 Rescue Vehicle(Fire) 100,000 0 0 100,000
V&E-072 Pickup Truck(Engineering) 30,000 0 28,587 1,413
V&E-078 Aerial Bucket Truck(Park) 200,000 0 0 200,000
V&E-079 Utility Tractor(Park) 80,000 0 65,287 14,713
V&E-090 Single Axel Dump Truck(Street) 225,000 34,896 34,896 190,104
V&E-118 Sidewalk Tractor(Street) 150,000 0 120,133 29,867
V&E-122 Police Vehicle 40,000 0 34,148 5,852
V&E-127 800 Mhz Radios(Fire) 80,000 8,099 61,025 18,975
V&E-129 800 Mhz Radios(Police) 96,650 2,949 80,972 15,678
V&E-132 Thermal Imaging Camera 70,000 0 54,089 15,911
V&E-134 Cartegraph Software 13,000 0 0 13,000
Total Expenditures 1,457,650 137,769 773,645 655,094
(1)Computers are replaced every 4-5 years and purchased throughout the year based on available time.
(2)Includes a transfer from the DWI/VCTF Fund for the traffic car.
city 0f
golden 4ey
MEMORANDUM
V11a Administrative Services Department
763-593-8013/763-593-3969(fax)
Executive Summary For Action
Golden Valley City Council Meeting
August 16, 2016
Agenda Item
3. F. Approve Requests for Beer and/or Wine at Brookview Park
Prepared By
Kris Luedke, City Clerk
Summary
As per City Code Section 10.83, Subd. 2 I. "No person shall possess, display, consume or use
alcoholic beverages on any City park property, unless permission is granted by the Council." As
part of the application process for a Facilities Use Permit to use the large and small picnic shelters
at Brookview Park the applicant has the option to pay an additional $30 to be able to serve beer
and/or wine. Attached is a list of the individuals and/or organizations who have requested that
option.
Attachments
• Beer and/or wine request list (1 page)
Recommended Action
Motion to approve requests for beer and/or wine at Brookview Park as recommended by staff.
BEER AND/OR WINE REQUEST LIST
CC DATE
INDIVIDUAL OR ORGANIZATION DATE TIME SHELTER APPROVED
Li, Brian 08-17 11 am - 4 pm Small 08-16-16
Klizer, Tom 08-20 5 pm - 10 pm Small 08-16-16
Reirso, Jennifer 08-21 5 pm - 10 pm Small 08-16-16
Yoraw, Delores 08-23 11 am - 4 pm Large 08-16-16
Van Slo, Sheila 08-23 11 am - 4 pm Small 08-16-16
Peterson, Molly 08-25 11 am - 4 pm Small 08-16-16
Schmi, Michael 08-26 11 am - 4 pm Small 08-16-16
Curme, Jim 08-28 4 pm - 9 pm Small 08-16-16
Dang, David 09-01 11 am - 4 pm Large 08-16-16
Mims, Kathryn 09-03 11 am - 4 pm Large 08-16-16
Van Hee, Kathy 09-03 11 am - 10 pm Small 08-16-16
Jerome, Sarah 09-04 11 am - 4 pm Small 08-16-16
Zunuwala, Say 09-04 5 pm - 10 pm Large 08-16-16
Rain, Lindsey 09-08 11 am - 4 pm Small 08-16-16
Sevigny, Brian 09-08 11 am - 4 pm Large 08-16-16
Brooks, Jessica 09-09 5 pm - 10 pm Large 08-16-16
Horazuk, Kellie 09-09 11 am - 4 pm Large 08-16-16
Brooks, Jessica 09-09 5 pm - 10 pm Large 08-16-16
Olson, Shirley 09-14 11 am - 4 pm Large 08-16-16
Pearson, Jillian 09-15 5 pm - 10 pm Small 08-16-16
Peters, Pamela 09-16 5 pm - 10 pm Large 08-16-16
Jerome, Sarah 09-17 5 pm - 10 pm Small 08-16-16
Jestina, Dennis 09-18 5 pm - 10 pm Large 08-16-16
Lynn Tupy 09-22 5 pm - 10 pm Large 08-16-16
Hedtke, Todd 09-24 11 am - 4 pm Small 08-16-16
Tap, Stephanie 10-01 11 am - 10 pm Large 08-16-16
city 0f
olden MEMORANDUM
valley ey Ph ysical Development Department
J 763-593-8095/763-593-8109(fax)
Executive Summary For Action
Golden Valley City Council Meeting
August 16, 2016
Agenda Item
3. G. Approve Amendments No. 2 related to CDBG grant for Pesch Place (Accessible Space, Inc.)
Renovation Project, 2000 Mary Hills Drive
Prepared By
Marc Nevinski, Physical Development Director
Summary
In 2015, the City entered into an agreement with Hennepin County to facilitate CDBG funding for
the renovation of Pesch Place, located at 2000 Mary Hills Drive. The City then entered into a third
party agreement with Accessible Space Inc. (ASI) to distribute the funds for the purposes of the
renovation. In June 2016, amendments to both agreements (Amendments No. 1) were approved,
allowing a six month extension to complete the scope of work. Recently, additional CDBG funds
became available and $15,000 has been reallocated to the Pesch Place project, increasing the
project funding from $60,796 to $75,796. Amendments to the two agreements (Amendments No.
2) are necessary to reflect this increased allocation of CDBG funds to the project.
This house was built by the Courage Center in 1980 and acquired by ASI in 1993. Pesch Place
provides five shared units for adults with disabilities to residents with an income below 50% of the
median area income. In 2012, they received $78,105 in CDBG funding to help in paying for the
replacements of a retaining wall, an upper level kitchen, and a wrap-around deck. Under the 2015
agreement, $60,796 was allocated to renovate three bathrooms, replace floor materials in
residents' rooms and in the common area, and complete the replacement of the retaining wall. The
additional work ($15,000 per Amendment No.2) includes bringing electrical up to code, re-painting
interior rooms, replacing old light fixtures, replacing interior doors and garage door, and installing
bath exhaust fans.
Attachments
• Amendment No. 2 to Agreement A153288SR (4 pages)
• Amendment No. 2 to Third Party Agreement (5 pages)
Recommended Action
Motion to approve and authorize the Mayor and City Manager to execute Amendment No. 2 to
Agreement A153288SR between the City and Hennepin County, reallocating an additional $15,000
of CDBG funds to the Pesch Place project.
Motion to approve and authorize the Mayor and City Manager to execute Amendment No. 2 to
Third Party Agreement between the City and Accessible Space, Inc., reallocating an additional
$15,000 of CDBG funds to the Pesch Place project.
AMENDMENT NO.2 TO AGREEMENT A153288SR
THIS AGREEMENT made and entered into by and between the COUNTY OF HENNEPIN,
STATE OF MINNESOTA("RECIPIENT"),A-2300 Government Center, Minneapolis, Minnesota
55487,and the CITY OF GOLDEN VALLEY, 7800 Golden Valley Road,Golden Valley, Minnesota
55427("SUBRECIPIENT"), said parties to this Agreement each being governmental units of the
State of Minnesota, and is made pursuant to Minnesota Statutes, Section 471.59.
WHEREAS,the RECIPIENT and the SUBRECIPIENT entered into a City Subrecipient
Agreement, Contract No. Al53288SR("Agreement"), for Urban Hennepin County 2015 Community
Development Block Grant Program on May, 12, 2015;and
WHEREAS,the parties desire to amend the Agreement to increase the amount of Federal
Fiscal Year 2015 CDBG funds allocated to the Pesch Place Rehabilitation activity from $60,796 to
$75,796.
NOW, THEREFORE,the parties agree that Agreement A153288SR is amended as follows:
1. The second recital on page 1 shall be amended to read as follows:
WHEREAS,contingent upon the RECIPIENT entering into a Funding Agreement with HUD
for the receipt of the Federal Fiscal Year 2015 CDBG funds,the RECIPIENT has approved
the use of$75,796 of Federal Fiscal Year 2015 CDBG funds by the SUBRECIPIENT for the
implementation of the Pesch Place Rehabilitation activity included in and a part of the 2015
Annual Action Plan,Urban Hennepin County Community Development Block Grant
(CDBG)Program,and further described in Exhibit 2 to this Agreement; and
2. The third recital on page 1 shall be amended to read as follows:
WHEREAS, the SUBRECIPIENT agrees to assume certain responsibilities for the
implementation of the approved activities identified in Exhibit 2, said responsibilities being
specified in part in the Joint Cooperation Agreement effective October 1, 2014, executed
between RECIPIENT and SUBRECIPIENT and in the 2015 Annual Action Plan, Urban
Hennepin County CDBG Program and the Certifications contained therein; the
SUBRECIPIENT agrees to implement those activities described in Exhibit 2 attached hereto,
and the RECIPIENT agrees to reimburse the SUBRECIPIENT for said implementation in a
total amount not to exceed$75,796; and
3. Exhibit 2,provided as an attachment hereto, has been revised to reflect the reallocation of
$15,000 in Federal Fiscal Year 2015 CDBG funds to the Pesch Place Rehabilitation activity.
Except as amended,the terms,conditions and provisions of the Agreement shall remain in full force
and effect.
SUBRECIPIENT, having signed this amendment,and the RECIPIENT having duly approved this
amendment on the day of ,2016,and pursuant to such approval,the proper
County officials having signed this amendment,the parties hereto agree to be bound by the
provisions herein set forth.
Approved as to form: COUNTY OF HENNEPIN
STATE OF MINNESOTA
By:
Assistant County Attorney Chair of Its County Board
Date:
ATTEST:
Deputy/Clerk of County Board
Date:
And:
County Administrator
Date:
And:
Assistant County Administrator, Public Works
Date:
Recommended for Approval:
Director, Community Works
Date:
2
SUBRECIPIENT:
CITY OF GOLDEN VALLEY
(Place city seal here)
By:
Its:
And:
Its:
Attest:
Title:
Date:
3
Agreement No. A153288SR
CITY SUBRECEPIENT AGREEMENT
URBAN HENNEPIN COUNTY
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
EXHIBIT 2
ACTIVITIES ADMINISTERED BY SUBRECIPIENT
CDBG Anticipated Expenses
National Goal Eligible for
Activity Provider Objective Outcomes Required Documentation Reimbursement Budget
Environmental review,
low/mod households,
Pesch Place Accessible Low/Mod lead-based paint, Rehabilitation of
Rehabilitation Space, Inc. Housing 5 households relocation if applicable property $ 75,796
Total $ 75,796
AMENDMENT NO. 2 TO
THIRD PARTY AGREEMENT
URBAN HENNEPIN COUNTY
2015 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
THIS AMENDMENT No. 2 ("Amendment") made and entered into by and between the CITY OF
GOLDEN VALLEY, hereinafter referred to as "CITY," and ACCESSIBLE SPACE, INC., 2550
University Avenue, Suite 330N, St. Paul, MN 55114, hereinafter referred to as "PROVIDER."
WITNESSETH:
WHEREAS, the CITY is a cooperating unit in the Urban Hennepin County Community
Development Block Grant (CDBG) Program by virtue of a Joint Cooperation Agreement
effective October 1, 2014 and executed between the CITY and Hennepin County pursuant to
MSA 471.59; and
WHEREAS, the CITY executed a Subrecipient Agreement with Hennepin County,
effective July 1, 2015 (Subrecipient Agreement No. Al 53288SR), which approved the use of
$60,796 of Federal Fiscal Year 2015 CDBG funds from the Department of Housing and Urban
Development (Catalog of Federal Domestic Assistance (CFDA) number 14.218)for a project
known as Pesch Place ("Project').
WHEREAS, the PROVIDER and CITY executed a Third Party Agreement, Urban
Hennepin County 2015 Community Development Block Grant Program, with an effective date of
July 1, 2015 (the "Provider Agreement') with respect to the Project; and
WHEREAS, the CITY executed Amendment No.1 to Subrecipient Agreement No.
All 53288SR on June 7, 2016, extending the term of that agreement to December 31, 2016; and
WHEREAS, the PROVIDER and CITY executed Amendment No. 1 to a Third Party
Agreement, Urban Hennepin County 2015 Community Development Block Grant Program, with
an effective date of June 7, 2016 extending the term of the Provider Agreement to December
31, 2016; and
WHEREAS, the CITY executed Amendment No.2 to Subrecipient Agreement No.
Al 53288SR on August 16, 2016, reallocating $15,000 of CDBG funds to the Pesch Place
Rehabilitation activity and thereby increasing the funds allocated to the Project from $60,796 to
$75,796.
NOW THEREFORE, the parties hereto mutually agree to amend the Provider Agreement as
follows:
1. The second recital on page 1 shall be amended and restated to read as follows:
WHEREAS, the CITY executed a Subrecipient Agreement with Hennepin County,
effective July 1, 2015 (Subrecipient Agreement No. Al 53288SR), which approved the
use of$75,796 of Federal Fiscal Year 2015 CDBG funds from the Department of
Housing and Urban Development (Catalog of Federal Domestic Assistance (CFDA)
number 14.218) for the Pesch Place_project as set forth in Exhibit 1 to this Agreement,
hereinafter referred to as the "Activity."
2. Exhibit 1 to the Provider Agreement is deleted and replaced in its entirety with the
Exhibit 1 attached to this Amendment, in order to reflect the reallocation of$15,000 in
Federal Fiscal Year 2015 CDBG funds to the Pesch Place Rehabilitation activity,
increasing the budget from $60,796 to $75,796.
Except as amended hereby, the terms, conditions, and provisions of the Provider Agreement
shall remain in full force and effect.
[SIGNATURE PAGE(S)ATTACHED]
CITY EXECUTION
The City of GOLDEN VALLEY having duly approved this Amendment on
2016, and pursuant to such approval and the proper city officials having signed this Agreement,
the City agrees to be bound by the provisions herein set forth.
Upon proper execution, this Amendment will be legally valid and binding.
Dated: 2016 CITY OF GOLDEN VALLEY
By:
Its Mayor
And:
Its City Manager
(city seal)
Attest:
Title:
PROVIDER EXECUTION
PROVIDER, having signed this Amendment and the CITY having duly approved this
Amendment, and pursuant to such approval and the proper officials having signed this
Amendment, PROVIDER agrees to be bound by the provisions of this Amendment.
By entering into this Amendment the Provider certifies that it is not prohibited from
doing business with either the federal government or the State of Minnesota as a result
of debarment or suspension proceedings.
PROVIDER:
ACCESSIBLE SPACE, INC.
Dated: 2016
By:
Its:
And:
Its:
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of
2016, by and , the and
the of a Minnesota
on behalf of said
Notary Public
My Commission Expires
THIRD PARTY AGREEMENT
URBAN HENNEPIN COUNTY
2015 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
EXHIBIT 1
ACTIVITIES ADMINISTERED BY PROVIDER
CDBG Anticipated Expenses
National Goal Required Eligible for
Activity Provider Objective Outcomes Documentation Reimbursement Budget
Environmental review,
Accessible low/mod households,
Pesch Place Space, Low/Mod lead-based paint, Rehabilitation $
Rehabilitation Inc. Housing 5 households relocation if applicable of property 75,796
Total 75,796
city 0
golden 'I MEMORANDUM
vll �a, Physical Development Department
763-593-8030/763-593-3988(fax)
Executive Summary For Action
Golden Valley City Council Meeting
August 16, 2016
Agenda Item
3. H. Authorize Cooperative Construction Agreement with MnDOT For Wayzata Boulevard Turn
Lane Project No. 15-19
Prepared By
Jeff Oliver, PE, City Engineer
Eric Seaburg, PE, Engineer
Summary
As a result of the Central Park West development along the St. Louis Park and Golden Valley
Border, there will be an increase in vehicle traffic along Wayzata Boulevard and Quentin Avenue
South. To maintain an acceptable level of service, modifications are necessary at the intersection
of Wayzata Boulevard and Quentin Avenue South. Specifically, the City will be administering a
project to add dedicated right-turn lanes to the intersection as shown in the attached exhibit.
During the development approval process, the City secured a deposit from the Developer to have
these improvements constructed at their cost. The City anticipates the construction of these
improvements to occur this Fall or next Spring.
A portion of the improvements are being constructed within MnDOT right-of-way. Therefore, the
City must enter into a Cooperative Agreement with MnDOT which spells out the long-term
maintenance and ownership responsibilities for each party. Staff has reviewed this Cooperative
Agreement and finds it consistent with similar agreements currently in place throughout the City.
Attachments
• Project Exhibit (1 pages)
• Resolution Authorizing MnDOT Cooperative Agreement (1 page)
• MnDOT Cooperative Agreement (7 pages)
Recommended Action
Motion to authorize Cooperative Agreement with MnDOT for the Wayzata Boulevard Right-Turn
Lane Project No. 15-19.
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Resolution 16-47 August 16, 2016
Member introduced the following resolution and moved its adoption.-
RESOLUTION
doption:RESOLUTION AUTHORIZING A COOPERATIVE CONSTRUCTION AGREEMENT WITH
THE STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION FOR THE
WAYZATA BOULEVARD RIGHT-TURN LANE PROJECT NO. 15-19
WHEREAS, the City of Golden Valley is a political subdivision, organized and
existing under the laws of the State of Minnesota; and
WHEREAS, a new development will increase traffic at the intersection of Wayzata
Boulevard and Quentin Avenue South; and
WHEREAS, the City of Golden Valley proposed to construct dedicated right-turn
lanes on both Wayzata Boulevard and Quentin Avenue South; and
WHEREAS, the State of Minnesota Department of Transportation requires
Cooperative Construction Agreement for the proposed improvements within MnDOT right-
of-way.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Golden
Valley hereby enters into a Cooperative Construction Agreement with the State of
Minnesota, Department of Transportation for the following purposes:
1. To construct, operate and maintain the additional right-turn lane improvements to
Wayzata Boulevard and Quentin Avenue South.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Mayor and City
Manager are authorized to execute the Cooperative Construction Agreement and any
future amendments to the Agreement.
Shepard M. Harris, Mayor
ATTEST:
Kristine A. Luedke, City Clerk
The motion for the adoption of the foregoing resolution was seconded by Member
and upon a vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted, signed by the Mayor
and his signature attested by the City Clerk.
MnDOT Contract No: 1025819
STATE OF MINNESOTA
DEPARTMENT OF TRANSPORTATION
And
CITY OF GOLDEN VALLEY
COOPERATIVE CONSTRUCTION
AGREEMENT
City Project Number : 15-22
Trunk Highway Number(T.H.): 100
Control Section 2735
This Agreement is between the State of Minnesota, acting through its Commissioner of Transportation("State")and
the City of Golden Valley acting through its City Council ("City").
Recitals
1. The City will perform construction of turn lanes which include the construction of a retaining wall,concrete
curb& gutter, sidewalk, bituminous surfacing and other associated construction along and adjacent to Trunk
Highway No. 100. The work will occur along both Quentin Avenue and Wayzata Blvd. according to
City-prepared plans, specifications and special provisions designated by the City as City Improvement Project
No. 15-22; and
2. The City requests the State allow the construction described above and the State is willing to allow said
construction; and
3. Minnesota Statutes § 161.20, subdivision 2 authorizes the Commissioner of Transportation to make
arrangements with and cooperate with any governmental authority for the purposes of constructing,
maintaining and improving the trunk highway system.
Agreement
1. Term of Agreement; Survival of Terms; Plans; Incorporation of Exhibits
1.1. Effective date. This Agreement will be effective on the date the State obtains all signatures required by
Minnesota Statutes § 16C.05, subdivision 2.
1.2. Expiration date.This Agreement will expire when all obligations have been satisfactorily fulfilled.
1.3. Survival of terms. All clauses which impose obligations continuing in their nature and which must survive
in order to give effect to their meaning will survive the expiration or termination of this Agreement,
including, without limitation, the following clauses: 2.4. State Ownership of Improvements; 5. Maintenance
by the City; 8. Liability; Worker Compensation Claims; Insurance; 10. State Audits; 11. Government Data
Practices; 12. Governing Law; Jurisdiction; Venue; and 14. Force Majeure.
1.4. Plans,Specifications,Special Provisions. State-approved City plans, specifications and special provisions
designated by the City as City Improvement Project No. 15-22 are on file in the office of the City Engineer
and incorporated into this Agreement by reference. ("Project Plans").
1.5. Exhibits. Exhibit "Figure 3 Right turn lane layout" is attached and incorporated into this agreement
2. Right-of-Way Use
2.1. Limited Right to Occupy. The State grants to the City(and its contractors and consultants)the right to
occupy trunk highway right-of-way as necessary to perform the work described in the Project Plans. This
right is limited to the purpose of constructing the project, and administering such construction, and may be
revoked by the State at any time, with or without cause. Cause for revoking this right of occupancy
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Construction within State R/w&Maintenance(Municipal Agreements 3-2016)
MnDOT Contract No: 1025819
includes,but is not limited to,breaching the terms of this or any other agreement(relevant to this project)
with the State,failing to provide adequate traffic control or other safety measures, failing to perform the
construction properly and in a timely manner,and failing to observe applicable environmental laws or terms
of applicable permits. The State will have no liability to the City(or its contractors or consultants)for
revoking this right of occupancy.
2.2. State Access,Suspension of Work,Remedial Measures. The State's District Engineer or assigned
representative retains the right to enter and inspect the trunk highway right-of-way(including the
construction being performed on such right-of-way)at any time and without notice to the City or its
contractor. If the State determines(in its sole discretion)that the construction is not being performed in a
proper or timely manner, or that environmental laws(or the terms of permits)are not being complied with,
or that traffic control or other necessary safety measures are not being properly implemented,then the State
may direct the City(and its contractor)to take such remedial measures as the State deems necessary. The
State may require the City(and its contractors and consultants)to suspend their operations until suitable
remedial action plans are approved and implemented. The State will have no liability to the City(or its
contractors or consultants)for exercising its rights under this provision.
2.3. Traffic Control, Worker Safety. While the City(and its contractors and consultants)are occupying the State
right-of-way,they must comply with the approved traffic control plan,and with applicable provisions of the
Work Zone Field Handbook(http://www.dot.state.mn.us/trafficeng/workzone/index.html). All City,
contractor,and consultant personnel occupying the State's right-of-way must be provided with required
reflective clothing and hats.
2.4. State Ownership of Improvements. The State will retain ownership of its trunk highway right-of-way,any
improvements made to such right-of-way under this Agreement will be owned by the City. The warranties
and guarantees made by the City's contractor with respect to such improvements(if any)will flow to the
State. The City will assist the State,as necessary,to enforce such warranties and guarantees,and to obtain
recovery from the City's consultants,and contractor(including its sureties)for non-performance of contract
work, for design errors and omissions,and for defects in materials and workmanship. Upon request of the
State,the City/will undertake such actions as are reasonably necessary to transfer or assign contract rights to
the State and to permit subrogation by the State with respect to claims against the City's consultants and
contractors.
3. Contract Award and Construction
3.1. Contract Terms The City contract with its construction contractor(s)must include the following terms:
A. A clause making the State of Minnesota, acting through its Commissioner of Transportation,an intended
third-party beneficiary of the contract with respect to the portion of work performed on the State's right-
of-way; and
B. A clause requiring the State to be named as an additional insured on any insurance coverage which the
contractor is required to provide; and
C. A clause stating that any warranties provided by the contractor, for the work performed on the trunk
highway,will flow to,and be enforceable by,the State as the owner of such improvements.
3.2. Direction,Supervision and Inspection of Construction
A. The contract construction will be under the direction of the City and under the supervision of a registered
professional engineer; however,the State participation construction covered under this Agreement will
be open to inspection by the State District Engineer's authorized representatives. The City will give the
Metro State Aid Agreements Engineer at Waters Edge five days' notice of its intention to start the
contract construction.
-2-
Constmction within State R/W&Maintenance(Municipal Agreements 3-2016)
MnDOT Contract No: 1025819
B. Responsibility for the control of materials for the contract construction will be on the City and its
contractor and will be carried out according to Specifications No. 1601 through and including No. 1609
in the State's current "Standard Specifications for Construction".
3.3. Completion of Construction. The City will cause the contract construction to be started and completed
according to the time schedule in the construction contract special provisions. The completion date for the
contract construction may be extended,by an exchange of letters between the appropriate City official and
the State District Engineer's authorized representative, for unavoidable delays encountered in the
performance of the contract construction.
3.4. Compliance with Laws, Ordinances,Regulations. The City will comply and cause its contractor to comply
with all Federal, State and Local laws,and all applicable ordinances and regulations. With respect only to
that portion of work performed on the State's trunk highway right-of-way,the City will not require the
contractor to follow local ordinances or to obtain local permits.
4. Right-of-Way; Easements; Permits
4.1. The City will, without cost or expense to the State,obtain all rights-of-way,easements,construction permits
and any other permits and sanctions that may be required in connection with the local and trunk highway
portions of the contract construction. Before payment by the State,the City will furnish the State with
certified copies of the documents for rights-of-way and easements,construction permits and other permits
and sanctions required for State participation construction covered under this Agreement.
4.2. The City will convey to the State by quit claim deed,all newly acquired rights needed for the continuing
operation and maintenance of the Trunk Highway,if any,u on completion of the Project,at no cost or
expense to the State.
4.3. The City will comply with Minnesota Statutes § 216D.04, subdivision 1(a),for identification,notification,
design meetings and depiction of utilities affected by the contract construction.
4.4. The City will submit to the State's Utility Engineer an original permit application for all utilities owned by
the City of Golden Valley to be constructed upon and within the trunk highway right-of-way. Applications
for permits will be made on State form"Application for Utility Permit on Trunk Highway Right Of Way"
(Form TP2525).
5. Maintenance by the City
Upon completion of the project,the City will provide the following without cost or expense to the State:
5.1. Roadways. Maintenance of turn lanes constructed on Wayzata Blvd. and Quentin Avenue.Maintenance
includes,but is not limited to, snow, ice and debris removal,resurfacing and seal coating and any other
maintenance activities according to accepted City maintenance practices.
5.2. Storm Sewers. Routine maintenance of any storm sewer facilities construction. Routine maintenance
includes,but is not limited to,removal of sediment,debris,vegetation and ice from grates and catch basins
and any other maintenance activities necessary to preserve the facilities and to prevent conditions such as
flooding,erosion, or sedimentation,this also includes informing the District Maintenance Engineer of any
needed repairs.
5.3. Municipal Utilities. Maintenance of any municipal-owned utilities construction,without cost or expense to
the State.
5.4. Sidewalks. Maintenance and ownership of any sidewalk construction,including stamped and colored
concrete sidewalk(if any)and pedestrian ramps. Maintenance includes,but is not limited to,snow, ice and
debris removal,patching, crack repair,panel replacement, cross street pedestrian crosswalk markings,
vegetation control of boulevards(if any) and any other maintenance activities necessary to perpetuate the
sidewalks in a safe,useable, and aesthetically acceptable condition.
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Construction within State R/W&Maintenance(Municipal Agreements 3-2016)
MnDOT Contract No: 1025819
5.5. Retaining Walls. Maintenance and ownership of the newly constructed retaining wall along Wayzata Blvd.
Maintenance includes graffiti removal and any other maintenance activities necessary to perpetuate the
walls in a safe,usable and aesthetically acceptable condition.
5.6. Additional Drainage. Neither party to this Agreement will drain any additional drainage volume into the
storm sewer facilities constructed under the construction contract that was not included in the drainage for
which the storm sewer facilities were designed, without first obtaining written permission to do so from the
other party.
5.7. Future Responsibilities. Upon completion of the retaining wall alongside Wayzata Blvd. the City will
accept full and total responsibility and all obligations and liabilities arising out of or by reason of the use,
operation,maintenance, repair and reconstruction of the retaining wall and all of the facilities constructed as
part of this Agreement, without cost or expense to the State. The City will also be responsible for repairing
any damage to the slope paving above the new retaining wall resulting from the failure of said retaining
wall.
6. Authorized Representatives
Each party's Authorized Representative is responsible for administering this Agreement and is authorized to give
and receive any notice or demand required or permitted by this Agreement.
6.1. The State's Authorized Representative will be:
Name/Title: Chris Kufner/Metro Maintenance&Operations Engineer(or successor)
Address: 1500 West County Road B2, Roseville,MN 55113
Telephone: (651)234-7901
Fax: (651)234-7905
E-Mail: Chris.Kufner@state.mn.us
6.2. The City's Authorized Representative will be:
Name/Title: Jeff Oliver/City Engineer(or successor)
Address: 7800 Golden Valley Road, Golden Valley, MN 55427
Telephone: 763-593-8034
Fax: 763-593-3988
E-Mail: JOliver@goldenvalleymn.gov
7. Assignment; Amendments; Waiver; Contract Complete
7.1. Assignment. Neither party may assign or transfer any rights or obligations under this Agreement without the
prior consent of the other party and a written assignment agreement, executed and approved by the same
parties who executed and approved this Agreement, or their successors in office.
7.2. Amendments. Any amendment to this Agreement must be in writing and will not be effective until it has
been executed and approved by the same parties who executed and approved the original Agreement, or
their successors in office.
7.3. Waiver. If a party fails to enforce any provision of this Agreement, that failure does not waive the provision
or the party's right to subsequently enforce it.
7.4. Contract Complete. This Agreement contains all prior negotiations and agreements between the State and
the City. No other understanding regarding this Agreement, whether written or oral, may be used to bind
either party.
-4-
Construction within State R/W&Maintenance(Municipal Agreements 3-2016)
MnDOT Contract No: 1025819
8. Liability; Worker Compensation Claims; Insurance
8.1. Each party is responsible for its own acts, omissions and the results thereof to the extent authorized by law
and will not be responsible for the acts and omissions of others and the results thereof. Minnesota Statutes
§ 3.736 and other applicable law govern liability of the State. Minnesota Statutes Chapter 466 and other
applicable law govern liability of the City. Notwithstanding the foregoing,the City will indemnify, hold
harmless, and defend(to the extent permitted by the Minnesota Attorney General)the State against any
claims, causes of actions, damages, costs (including reasonable attorneys fees), and expenses arising in
connection with the project covered by this Agreement, regardless of whether such claims are asserted by
the City's contractor(s)or consultant(s)or by a third party because of an act or omission by the City or its
contractor(s) or consultant(s).
8.2. Each party is responsible for its own employees for any claims arising under the Workers Compensation
Act.
8.3. The City may require its contractor to carry insurance to cover claims for damages asserted against the
City's contractor.
9. Nondiscrimination
Provisions of Minnesota Statutes § 181.59 and of any applicable law relating to civil rights and discrimination are
considered part of this Agreement.
10. State Audits
Under Minnesota Statutes § 16C.05, subdivision 5, the City's books, records, documents, and accounting
procedures and practices relevant to this Agreement are subject to examination by the State and the State Auditor
or Legislative Auditor, as appropriate, for a minimum of six years from the end of this Agreement.
11. Government Data Practices
The City and State must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter
13, as it applies to all data provided under this Agreement, and as it applies to all data created, collected,received,
stored, used, maintained, or disseminated by the City under this Agreement.The civil remedies of Minnesota
Statutes §13.08 apply to the release of the data referred to in this clause by either the City or the State.
12. Governing Law; Jurisdiction; Venue
Minnesota law governs the validity, interpretation and enforcement of this Agreement. Venue for all legal
proceedings arising out of this Agreement, or its breach, must be in the appropriate state or federal court with
competent jurisdiction in Ramsey County, Minnesota.
13. Termination; Suspension
13.1. By Mutual Agreement. This Agreement may be terminated by mutual agreement of the parties or by the
State for insufficient funding as described below.
13.2. Termination for Insufficient Funding. The State may immediately terminate this Agreement if it does not
obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at
a level sufficient to allow for the payment or the provision of the services covered here.Termination must
be by written or fax notice to the City. The State will not be assessed any penalty if this Agreement is
terminated because of the decision of the Minnesota Legislature, or other funding source, not to appropriate
funds.
13.3. Suspension. In the event of a total or partial government shutdown, the State may suspend this Agreement
and all work,activities,performance and payments authorized through this Agreement.
-5-
Construction within State R/W K Maintenance(Municipal Agreements 3-2016)
MnDOT Contract No: 1025819
14. Force Majeure
Neither party will be responsible to the other for a failure to perform under this Agreement(or a delay in
performance), if such failure or delay is due to a force majeure event. A force majeure event is an event beyond a
party's reasonable control, including but not limited to, unusually severe weather, fire, floods, other acts of God,
labor disputes, acts of war or terrorism, or public health emergencies.
[The remainder of this page has been intentionally left blank]
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Construction within State R/W&Maintenance(Municipal Agreements 3-2016)
MnDOT Contract No: 1025819
CITY OF GOLDEN VALLEY DEPARTMENT OF TRANSPORTATION
The undersigned certify that they have lawfully Recommended for Approval:
executed this contract on behalf of the Governmental
Unit as required by applicable charter provisions,
resolutions or ordinances. By:
(District Engineer)
By: Date:
Title: Approved:
Date: By:
(State Design Engineer)
By: Date:
Title:
Date: COMMISSIONER OF ADMINISTRATION
By:
(With delegated authority)
Date:
INCLUDE COPY OF RESOLUTION APPROVING THE AGREEMENT AND AUTHORIZING ITS
EXECUTION.
-7-
Construction within State R/W&Maintenance(Municipal Agreements 3-2016)
city of
golden 11 MEMORANDUM
V
a ey Physical Development Department
763-593-8095/763-593-8109(fax)
Executive Summary For Action
Golden Valley City Council Meeting
August 16, 2016
Agenda Item
3. I. Authorize Agreement with Maxfield Research and Consulting, LLC, for Comprehensive
Housing Market Study
Prepared By
Jason Zimmerman, Planning Manager
Summary
In conjunction with the preparations for the 2040 Comprehensive Plan, the City has recognized
the need for a comprehensive housing study to examine demographic and economic factors, to
assess current housing market conditions, and to determine the market potential for the
development of additional housing products in the City. The results of the study would include
detailed recommendations (number of units/lots; unit mix and sizes; price/rent; housing features
and amenities; etc.) for the housing types identified as being needed in the short and long term.
Maxfield Research and Consulting, LLC, is a Golden Valley company that has performed numerous
housing studies for communities across the metro area and beyond, including recent studies for
St. Louis Park and Roseville. Staff has received a proposal from Maxfield for $22,000 to carry out
the housing analysis and prepare a report within 120 to 140 days. Funding for the study was
budgeted in 2016 as part of the Comprehensive Plan update.
Attachments
• Proposal to prepare a Comprehensive Housing Study from Maxfield Research and Consulting,
LLC, sent to Jason Zimmerman, Planning Manager, dated June 10, 2016 (15 pages)
Recommended Action
Motion to authorize agreement with Maxfield Research and Consulting, LLC, for a Comprehensive
Housing Market Study in the amount of$22,000.
A Proposal to Prepare a
Comprehensive Housing Market Study for the
City of Golden Valley, Minnesota
Prepared for:
City of Golden Valley
Golden Valley, MN
June 2016
r0 Maxfield
V- Research & Consulting
7575 Golden Valley Road
Suite 385
Golden Valley, MN 55427
612.338.0012
www.maxfieldresearch.com
r0� Maxfield
V. Research & Consulting
June 10, 2016
Jason Zimmerman
Planning Manager
City of Golden Valley
7800 Golden Valley Road
Golden Valley, MN 55427
Dear Mr. Zimmerman:
Thank you for contacting Maxfield Research and Consulting, LLC to provide a proposal for a Comprehen-
sive Housing Market Study for the City of Golden Valley, Minnesota. The study would examine demo-
graphic and economic factors, current housing market conditions, and would determine the market po-
tential for developing additional housing products in the City. We would provide detailed recommenda-
tions (number of units/lots; unit mix and sizes; price/rent; housing features and amenities,etc.)for the
housing types identified as being needed in the short-and long-term.
Along with the proposal is a statement of qualifications for our firm which provides a company back-
ground, outlines our services and representative clients, and provides resumes of Maxfield staff who
would be conducting the housing study.
The work program for this housing market study is outlined on the following pages. The total fee for
staff time for the analysis would be$22,000.00, including expenses for outside data purchases, printing,
photocopying, etc. Costs are presented for each major component of the work program. Maxfield Re-
search and Consulting, LLC would be able to deliver a draft report of the housing analysis in approxi-
mately 120 to 140 days.
We welcome the opportunity to work with you on this project. Maxfield Research is located in the City
of Golden Valley and a number of our staff resides in the community; hence we are vested into the local
housing market and business community in Golden Valley. If this proposal meets with your approval,
please sign and return one copy of the contract. Please call me if you have any questions about the pro-
posed work program or if you need any other information. I can also be reached via email at mmul-
lins@maxfieldresearch.com.
Sincerely,
MAXFIELD RESEARCH AND CONSULTING, LLC
Ae 4
Matt Mullins
Vice President and Business Development
(main)612-338-0012 (fax)612-904-7979
7575 Golden Valley Road,Suite 385,Golden Valley,MN 55427
www.maxfieldresearch.com
r01 Maxfield
V- Research & Consulting
June 10, 2016
Jason Zimmerman
Planning Manager
City of Golden Valley
7800 Golden Valley Road
Golden Valley, MN 55427
CONTRACT FOR PROFESSIONAL SERVICES
Maxfield Research and Consulting, LLC proposes to provide market research and consulting ser-
vices to the City of Golden Valley (the "Client") to prepare a Comprehensive Housing Market
Study. The market study will determine the market potential for developing different types of
owned and rented housing in Golden Valley through 2025 based on an examination of demo-
graphic and employment growth trends and current housing market conditions. Detailed rec-
ommendations (number of units/lots; unit mix and sizes; prices/rents; housing features and
amenities, etc.) for the housing types identified as needed in the short-term (2016 to 2020) and
long-term (2020 to 2025) would be provided.
DESCRIPTION AND BIOGRAPHY OF FIRM
Maxfield Research and Consulting, LLC has over 30 years of experience in assisting communities
to determine market conditions for planning and development efforts, providing demographic
estimates and projections, and analyzing county and municipal commercial and residential real
estate needs. Our thorough knowledge of market trends in the real estate industry allows us to
support our clients with valuable information that affects planning and development. We are
able to determine viable solutions to the issues that communities face. We are local, regional
and national with work completed in over 40 states.
Maxfield Research and Consulting, LLC provides research and analysis in the areas of general
market housing, student housing, senior housing, office, retail, hospitality, industrial, and finan-
cial institutions. Maxfield also has experience in organizing and conducting focus groups, pre-
paring and administering on-line and mail surveys, holding public forums for large scale plan-
ning documents, and organizing and making presentations to city councils, planning commis-
sions, and economic development authorities. A more detailed company overview is located in
the Appendix.
(main)612-338-0012 (fax)612-904-7979
7575 Golden Valley Road,Suite 385,Golden Valley,MN 55427
www.maxfieldresearch.com
Mr. Jason Zimmerman June 10, 2016
City of Golden Valley Page 4
METHODOLOGY
It is our understanding that the primary objective of this analysis is to provide the City of
Golden Valley with a market-based analysis that will identify current and future housing needs
in the City and help decision makers develop a greater understanding of the City's housing mar-
ket. Maxfield Research and Consulting, LLC will provide detailed recommendations and an ac-
tion plan for housing development (both short-term and long-term) and recommend tools and
policies that will assist implementation. Our findings will provide a basis for community lead-
ers, stakeholders, and decision-makers to guide future efforts when addressing housing needs.
The hallmark of Maxfield Research and Consulting, LLC.'s approach to comprehensive housing
studies is a thoughtful, in-depth combination of primary and secondary research. Primary re-
search includes surveys of existing housing properties, one-on-one interviews with major em-
ployers, developers, builders, Realtors, property managers, city and government agency staff,
and others familiar with housing issues and the local housing market. Secondary research in-
cludes data obtained from reliable published sources including the Census Bureau, ESRI (a na-
tional demographics firm), State demographic centers and economic development agencies,
among others.
Secondary published data is always
reviewed carefully in light of other
local factors revealed through the
primary research that may have an
impact on the analysis. The result is Implementation I Housing Stock
a custom report that provides the
Client with information that is timely
and locally pertinent.
Comprehensive
Our work approach will draw on our Housing Demographics
experience and expertise in con- Market Study
ducting housing studies on behalf of P,Im PF
public entities and private develop- \r
ers. Nor- Demand&Gap Economic
Analysis Analysis
Maxfield Research and Consulting,
LLC routinely completes over 100
housing studies annually and is a
market leader on housing research
and consulting in the Upper Midwest.
MAXFIELD RESEARCH AND CONSULTING, LLC
Mr. Jason Zimmerman June 10, 2016
City of Golden Valley Page 5
WHY MAXFIELD RESEARCH?
We Know Golden • the Twin Cities Metro •
• Benefit: Work efficiency—our past experience in Golden Valley and throughout
the Twin Cities Metro Area will allow us to be on the ground immediately
• Benefit: Maxfield Research's proprietary housing data includes detailed
information on multifamily properties across the Twin Cities
• Benefit: Committed team of senior-level leaders; the four team members
dedicated to this project have a combined 75 years of experience and have
WWI MR I
Riga
completed nearly 30 Comprehensive Housing Studies over the past two years
COME, 6• • •-
• Benefit: Our work is grounded in local issues/reality and we can integrate best
practices from elsewhere
• Benefit: We have deep relationships with the development community; we
understand their barriers and opportunities, we know what they want, and they
will talk to us
MST
• Benefit: We understand the connection between all real estate types and we
advise both public- and private-sector clients
• Benefit: Data-driven analyses generate conclusions and recommendations based
on market realities
• Benefit: Hands-on field work, in-person interviews, telephone surveys, combined
with the analysis of the Census and other data to gain the most information
possible. In addition; multiple staff resides in Golden Valley and we are local.
• Benefit: Our process for projecting housing demand has proven to be effective and
we deliver action-oriented strategies
MAXFIELD RESEARCH AND CONSULTING, LLC
Mr.Jason Zimmerman June 10, 2016
City of Golden Valley Page 6
RESEARCH STAFF
Mary Bujold, CRE, President, Maxfield Research and Consulting, LLC, will serve as principle-in-
charge of the project and serves as a consultant for the recommendations. Ms. Bujold has
thirty years of experience in housing market research and is regarded as a market expert in the
field of residential real estate. Ms. Bujold has been involved in numerous housing and com-
mercial analyses for private developers and public agencies and is currently leading a compre-
hensive housing needs analysis for Scott County, Minnesota.
Mr. Matt Mullins, Vice President, will serve as the project manager and principal analyst for the
project. Mr. Mullins will oversee the project timeline and will be responsible for the execution
of the work program associated with the project. Mr. Mullins will work closely with junior staff
to complete all work tasks associated with the project. Mr. Mullins was the lead analyst on sev-
eral recent comprehensive housing studies, including projects completed for the Minnesota
communities of St. Louis Park, Elk River, and Roseville, as well as the Counties of Washington,
Scott, and Olmsted. Mr. Mullins is currently overseeing a comprehensive housing studies for
the City of Vinton, Iowa and Lyon County, Iowa.
Mr.Joe Hollman, Senior Research Analyst would assist Mr. Mullins on this project as a principal
analyst. Mr. Hollman would be responsible for completing a portion of the data gathering for
this project, including interviews, contacting housing developments, preparing the conclusions
and recommendations, and compiling the written report. Mr. Hollman was the lead analyst on
several recent comprehensive research studies that focused on the market demand for residen-
tial and commercial real estate, including comprehensive housing studies for the City of Austin,
Minnesota, the City of Waverly, Iowa, and the City of Red Wing, Minnesota. Mr. Hollman is
currently working on a market potential analysis analyzing the market support for various real
estate types, including housing, on property surrounding the Rice Street/1-694 Interchange in
Ramsey County, Minnesota.
Mr. Mace Wescott, Research Analyst, will provide data gathering services for this project. Mr.
Wescott will be responsible for compiling demographic and employment data, gathering base
market information, and providing GIS mapping. Mr. Wescott has assisted on several compre-
hensive housing needs studies during his tenure with Maxfield Research and Consulting, LLC,
including the City of Waseca, Minnesota and the City of Sleepy Eye, Minnesota. Mr. Wescott is
currently working on a Comprehensive Housing Study for Scott County, Minnesota.
Individual resumes of the project staff are included in the appendix.
MAXFIELD RESEARCH AND CONSULTING, LLC
Mr. Jason Zimmerman June 10, 2016
City of Golden Valley Page 7
SCOPE AND COST OF SERVICES—Comprehensive Housing Market Study
A. Project Kickoff Meeting/Field Work
1. Meet with representatives of the City of Golden Valley and other stakeholders to re-
view project goals and objectives. Refine work program if required. This report will
require some assistance from the stakeholders; data requests and other project as-
sistance will be discussed during this time.
2. Conduct a windshield survey of the housing stock in Golden Valley.
B. Review of Past Studies/Planning Documents
1. Obtain information on past housing studies/planning documents, ordinances, or
other research reports/publications with information pertinent to the assignment.
Review these documents and identify information from these documents that is im-
portant for this analysis; identify how current conditions have changed.
2. Summarize information obtained from previous documents and their impact on the
current analysis; include conflicting information or document key issues and their
relevance to the current project.
C. Demographic Analysis (Data will also be provided for comparison purposes to other
Metro Area/Minnesota communities. Peer communities will be discussed during the
kick-off meeting)
1. Identify the primary housing draw area for the City of Golden Valley, Minnesota.
2. Examine population and household growth trends and projections to 2025.
3. Examine demographic information on:
a) Population age distribution
b) Persons per household (household size)
c) Household incomes by age of householder
d) Household incomes be tenure
e) Household net worth
f) Household tenure
g) Household tenure by age of householder
h) Household tenure by household size
i) Household type
j) Diversity/ethnicity/culture
4. Present information on mobility trends.
5. Summarize links between the demographic profile and housing demand.
6. Discuss the implications of the findings on housing demand in Golden Valley.
MAXFIELD RESEARCH AND CONSULTING, LLC
Mr. Jason Zimmerman June 10, 2016
City of Golden Valley Page 8
D. Employment Trends (data will also be provided for comparison purposes to peer com-
munities)
1. Examine local data on resident employment (based on place of residence).
2. Examine local data on covered employment (based on location of jobs).
3. Provide data on jobs by NAICS industry sector.
4. Identify major employers.
5. Identify commuting patterns of area workers.
a) Place of residence vs. place of employment
b) Wages
c) Demographic characteristics
6. Project job growth to 2025. Analyze any business expansions/contractions and their
effect on the local housing market.
7. Interview economic development specialists, major employers, and local officials re-
garding major employment changes and other issues that may impact long-term em-
ployment projections.
8. Discuss the implications of the findings on housing demand in Golden Valley.
mploymell
i Analysis
Industry Commuting
. . Growth E
MployMent Employmen
Employment*Labor Force Establishments
*Employment
E. Housing Characteristics & Condition
1. Compile statistics on the age of the housing stock in Golden Valley and the draw
area.
2. Compile residential building permit data by type of housing to the most current
available figures for Golden Valley and the draw area.
3. Analyze U.S. Census and American Community Survey (ACS) findings collected be-
tween 2010 and 2014 (most current data). Compile the following:
a) Renter-occupied units by contract rent
b) Owner-occupied housing units by value
c) Owner-occupied housing units by mortgage status
d) Housing units by structure and occupancy
e) Housing units by occupancy status and tenure
4. Review housing market value data from City/County tax records (if available) or ACS.
MAXFIELD RESEARCH AND CONSULTING, LLC
Mr.Jason Zimmerman June 10, 2016
City of Golden Valley Page 9
S. Interview area housing professionals and other local governmental staff regarding
housing conditions, economic development trends, and other factors that affect the
local housing markets.
6. Identify the residential land supply and its impact on potential housing production.
7. Conduct a windshield survey of housing properties in Golden Valley. The windshield
survey provides a visual assessment of the general conditions of the housing stock.
Comment on properties or neighborhoods with code enforcement concerns and
other substandard housing issues that have undesirable housing conditions.
8. Discuss the implications of the findings on housing demand in Golden Valley.
F. For-Sale Housing Market Analysis
1. Collect data on housing resale values (single-family and multifamily); examine price
distribution and average/median sale price of home resales in Golden Valley and the
draw area (Note: this may require assistance from the city or county assessor).
2. Analyze data on the inventory and list price of homes currently for sale.
3. Survey active and recently completed for-sale housing developments (single-family
homes, townhomes, twinhomes, etc.) in Golden Valley and the surrounding area;
analyze information on product types, lot sizes, home sizes, sale prices, buyer
profile, and absorption (if available). For condominium or cooperative products (if
any), provide data on building and unit amenities and common areas.
4. Identify Golden Valley's residential lot supply and the impact on potential housing
production. Present information on vacant lots by year platted, subdivision, pricing,
etc.
5. Identify potential redevelopment sites and track the number of teardowns in Golden
Valley.
6. Identify pending for-sale housing developments in Golden Valley and the draw area,
and discuss the likely impact of these developments on the housing market.
7. Interview real estate sales agents, developers, and builders to assess the overall
strength of the for-sale housing market, buyer profiles, the impact of
foreclosures/short sales on the housing market, desired housing types and price
range, and unmet market niches.
8. Based on a windshield survey of homes in Golden Valley and interviews with City
staff and Realtors discuss the overall condition of the owner-occupied housing stock
in the City.
MAXFIELD RESEARCH AND CONSULTING, LLC
Mr. Jason Zimmerman June 10, 2016
City of Golden Valley Page 10
G. General Occupancy Rental Market Analysis
1. Survey larger(8-units or more) general occupancy rental housing projects, including
subsidized (deep subsidy/extremely low income), affordable (shallow subsidy/very
low income), workforce housing (80%to 120%of AMI) and market rate develop-
ments in the City. Map locations of the multifamily housing stock.
2. Analyze data collected from the rental survey on year built/remodeled, monthly
rents, vacancies, rents per foot, unit types/sizes and features, common area ameni-
ties, and resident profiles.
3. Inventory pending rental developments in Golden Valley and the draw area and as-
sess their potential impact on the market.
4. Interview owners/managers of rental housing in the area to assess rental trends and
the need for additional rental housing in the City. Identify appropriate rental rates
and the target markets for new rental construction in the community.
H. Senior Housing Market Analysis
1. Inventory existing senior housing developments in the draw area, including subsi-
dized (deep subsidy), affordable (shallow subsidy), and market rate developments.
Projects will include rental and for-sale active adult, congregate, assisted living, and
memory care senior housing developments. In addition, collect information on
skilled nursing facilities. Map locations of the senior housing stock.
2. Analyze data collected from the survey on year opened, number of units, vacancies,
pricing, unit types and features, common-area amenities, services provided (if appli-
cable), and resident profile.
3. Inventory pending senior developments in Golden Valley and the draw area and as-
sess their potential impact on the market.
4. Interview managers/sponsors of senior housing in the area to assess market trends
and the potential need for additional senior housing or skilled nursing care in Golden
Valley.
I. Housing Affordability
1. Review and present income limits, maximum gross rents, and fair market rents by
household size in Hennepin County.
2. Based on income guidelines, present maximum rents based on household size and
Area Median Income.
3. Based on the average rents by unit type from the General Occupancy Rental Market
Analysis Section, present information on income-qualified renter households.
4. Based on the median home resale value from the For-Sale Housing Market Analysis
Section, present information on income-qualified owner households.
5. Identify the number of cost burdened households (i.e. households paying more than
30%of their income on housing) in Golden Valley. Present cost burdened infor-
mation for renters and owners.
6. Discuss housing voucher program in Golden Valley and present information on his-
toric housing vouchers; both ported in and in the City.
MAXFIELD RESEARCH AND CONSULTING, LLC
Mr. Jason Zimmerman June 10, 2016
City of Golden Valley Page 11
J. Conclusions and Recommendations
1. Quantify demand for housing (subsidized, affordable, and market rate) in Golden
Valley through 2025 based on employment and household growth projections, pent-
up demand, turnover/mobility, and estimated replacement needs.
2. Identify potential target markets for new for-sale, rental, and senior housing.
3. Identify potential unmet market niches and discuss the primary deficiencies in the
current market situation.
4. Based on lot supply and absorption trends, discuss the current supply and whether
more lots should be platted in order to meet projected demand.
5. Suggest an appropriate housing mix by product type (rental, ownership, and senior)
and price point and discuss the target markets for each.
6. Suggest appropriate development concepts in the short-term (developments
needed by 2020) and long-term (2020 to 2025), including number of units, unit mix,
sizes, sale prices or monthly rents, and in-unit features and common area amenities.
7. Discuss the potential need for public/private partnerships to achieve housing devel-
opment goals and support economic development in Golden Valley.
8. Discuss housing programs and resources that may be administered by Golden Valley
to help achieve housing goals (i.e. home improvement loans, energy and environ-
mental sustainability, fix-up funds, foreclosure assistance, first-time home buyer
classes, etc.)
9. Provide recommendations on other challenges and opportunities that relate to the
housing stock and housing development in the City.
K. Meetings and Client Contact
1. One kick-off meeting with Client (in person or via conference call).
2. Review of the Draft analysis (in person or via conference call) that would address re-
port findings.
3. Formal presentation (in person) to appropriate governing body.
4. Report Preparation.
Cost for Comprehensive Housing Market Study22 000.00
GIS MAPPING
Maxfield Research and Consulting, LLC will present key data visually and spatially through GIS
mapping. However, Maxfield Research will require assistance from the Client to obtain parcel
level data and the County assessor database. We will provide a detailed data request list that
will outline the mapping and data needs.
MAXFIELD RESEARCH AND CONSULTING, LLC
Mr.Jason Zimmerman June 10, 2016
City of Golden Valley Page 12
COST OF SERVICES
The work outlined under the Scope of Services will be performed for Twenty-Two Thousand
Dollars ($22,000.00), including out-of-pocket expenses for printing, postage, long-distance tele-
phone, data purchases, an electronic version of the report. Work completed on the assignment
would be billed to the Client monthly as costs are incurred.
Any additional research or meeting time requested by the Client beyond that set forth in the
accompanying Scope of Services will be billed at our normal hourly rates for staff time ($55 to
$150). If the Client seeks bound hard copies of the report, copies will be billed to the Client at
our direct costs for printing (estimated at $75/copy).
The following fee proposal provides a detailed summary of staff hours needed to complete this
project. The fee proposal includes a breakdown of costs by project task and Maxfield Research
and Consulting, LLC staff assigned to the project.
FEE PROPOSAL
COMPREHENSIVE • FOR GOLDENMINNESOTA
Maxfield Research and Consulting,LLC Staff
Mary Matt Joe Mace Phyllis Maxfield Cost by
Bu'old Mullins Hollman Wescott Austin Research Task
Project Task President Vice-Pres. Sr.Analyst Analyst Support Total Total
A. Project Kick-off and Field_Visit/Windshield Survey 0 6 0 0 0 6 $750
B. Review of Past Studies 0 0 2 4 0 6 $590
C. Demographic Analysis 0 4 8 10 0 22 $2,350
D._Employment Trends _ 0 4 10 6 0 20 $2,260
E. Housing Characteristics and Condition 0 4 6 30 0 20 $2,100
F._For-Sale Housing Market Ana is 0 10 1 6 8 0 24 $2,680
G. General Occupancy Rental Analysis 0 8 6 12 0 26 $2,780
H. Senior HousingMarket Analysis 0 4 6 10 0 20 $2,110
I. Housing Affordability 0 4 8 2 0 14 $1,670
J. Conclusions and Recommendations 2 14 8 4 0 28 $3,390
K. Meetings and Report Preparation 0 6 2 2 2 12 $1,320
Total Hours 2 64 1 62 68 2 198
(times)Hourly Rate $150 $125 $125 $85 $75
Total Cost for Staff Time $300 $8,000 $7,780 $5,770 $150 $22,000
'Mileage billed at the standard IRS rate of$0.54 per mile
MAXFIELD RESEARCH AND CONSULTING, LLC
Mr. Jason Zimmerman June 10, 2016
City of Golden Valley Page 13
WORK PRODUCT
Findings will be presented in an electronic PDF format. Bound copies are optional and would be
billed at our direct printing cost.
The Comprehensive Housing Market Study is accepted by many lenders, limited partners, inves-
tors or governmental bodies who require such documentation to satisfy their financing criteria.
COMPLETION TIME
The work outlined under Scope of Services will be completed in draft form within 120 to 140
days of the execution of this agreement unless delayed by unexpected emergencies, forces be-
yond the control of the parties, or by written agreement of the parties.
A final report would be issued within two weeks of receiving all comments and feedback from
the Client.
PROPOSED .
COMPREHENSIVE HOUSING MARKET STUDY FOR GOLDEN VALLEY,MINNESOTA
Month 1 Month 2 Month 3 Month 4 Month 5
Wk. Wk Wk. Wk. Wk.I Wk.I Wk Wk. Wk. Wk. Wk. Wk. Wk. Wk. Wk. Wk Wk. Wk. Wk. Wk.
Project Task 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4
A.Project Kickoff and Field Visit
B.Review of Past Studies
C.Demographic Analysis
D.Employment Trends
E.Housing Characteristics&Condition
F.For-Sale Market Analysis
G.Rental Market Analysis
H.Senior Housing Market Analysis
I. Housing Affordability
J.Conclusions and Recommendations
K.Delivery of Draft Report
L.Formal Presentation
MAXFIELD RESEARCH AND CONSULTING, LLC
Mr.Jason Zimmerman June 10, 2016
City of Golden Valley Page 14
PAYMENT
All invoices are payable to Maxfield Research and Consulting, LLC within fifteen (15) days of
receipt of an invoice showing the work completed and the direct costs for expenses. A finance
charge of one and one-half percent(1.5%) per month will be added to the unpaid balance of
each invoice not paid within thirty (30) days.
All invoices are sent via email. A current email address needs to be supplied to Maxfield Re-
search for billing purposes. A final invoice will be sent with the release of the draft report.
DISCLAIMER
The objective of this research assignment is to gather and analyze as many market components
as is reasonable within the time limits and projected staff hours set forth in this agreement.
We assume no responsibility for matters legal in character. The property/land is assumed to be
free and clear of any indebtedness, liens or encumbrances; and good and marketable title and
competent management are assumed, unless otherwise stated.
If building plans or site plans are included in the report, they are to be considered only
approximate and are submitted to assist the reader in visualizing the property. We assume no
responsibility for the accuracy of any building or site plans.
Certain information and statistics contained in the report, which are the basis for conclusions
contained in the report, will be furnished by other independent sources. While we believe this
information is reliable, it has not been independently verified by us and we assume no
responsibility for its accuracy.
The conclusions in the report are based on our best judgments as market research consultants.
Maxfield Research and Consulting, LLC disclaims any express or implied warranty of assurance
of representation that the projections or conclusions will be realized as stated.
The result of the proposed project may be achieved, but also may vary due to changing market
conditions characteristic of the real estate industry, changes in facts that were the basis of
conclusions in this report, or other unforeseen circumstances.
In the event payment is not received on a timely basis, Maxfield Research and Consulting, LLC
shall be entitled to a lien against the subject property.
This agreement will be construed according to the laws of the State of Minnesota.
MAXFIELD RESEARCH AND CONSULTING, LLC
Mr. Jason Zimmerman June 10, 2016
City of Golden Valley Page 15
TERMINATION
This agreement may be terminated upon written notification of either party to the other. In
the event of termination, the Client will pay Maxfield Research and Consulting, LLC for staff
hours performed at the firm's normal hourly rates, plus all expenses incurred through the date
of termination.
If this proposal meets with your approval, please sign and return one copy to the offices of
Maxfield Research and Consulting, LLC.
The costs outlined in the Scope of Services shall remain in effect for a period of 90 days from
the date listed at the top of this contract.
Agreed to this day of 2016.
MAXFIELD RESEARCH AND CONSULTING, LLC CITY OF GOLDEN VALLEY, MINNESOTA
4�►(i
Matt Mullins (Signature of Authorized Signer)
Vice President
By:
(Print Name of Authorized Signer)
Its:
(Print Title of Authorized Signer)
MAXFIELD RESEARCH AND CONSULTING, LLC
city 0f
golden 4MEMORANDUM
va11eysical Develo ment De art ent
. Ph y p p m 763-593-8030/763-593-3988(fax)
Executive Summary For Action
Golden Valley City Council Meeting
August 16, 2016
Agenda Item
3. J. Authorize Cooperative Agreement with the Metropolitan Council Environmental Services
(MCES) for the Liberty Crossing Flood Mitigation Project
Prepared By
Jeff Oliver, PE, City Engineer
R.J. Kakach, EIT, Engineer
Summary
During the design of the City's Liberty Crossing Flood Mitigation project, it was determined that
there were conflicts between the proposed improvements and the existing Metropolitan
Council Environmental Services (MCES) forcemain within Rhode Island Avenue. Upon further
analysis by the MCES, it was determined that the 24-inch forcemain needs to be relocated and
lowered.
The MCES has agreed to relocate the forcemain and has requested that the City perform the
work as part of its flood mitigation project. This arrangement will facilitate the construction of
the flood mitigation and minimize construction delays. City and MCES staff have developed a
cooperative agreement that includes MCES design of the forcemain relocation, with the City
performing the construction, project observation and administration as outlined in the attached
cooperative agreement. The MCES will fund 100 percent of the construction and will also pay for
the City's costs for administration and observation. The City will bill the MCES monthly for
monthly reimbursement of its costs. The estimated cost for the forcemain relocation which
includes all construction and City costs is $1,400,000.
Attachments
• MCES Cooperative Agreement No. 161024 (14 pages)
Recommended Action
Motion to authorize entering into a Cooperative Agreement with the Metropolitan Council
Environmental Services for the Liberty Crossing Flood Mitigation Project No. 15-16.
Metropolitan Council No. 16I024
CONSTRUCTION COOPERATION AGREEMENT FOR
CONSTRUCTION OF FORCEMAIN REPLACEMENT
IN GOLDEN VALLEY,MN
THIS AGREEMENT is made and entered into by and between the Metropolitan
Council, a public corporation and political subdivision of the State of Minnesota ("Metropolitan
Council" or "Council"), and the City of Golden Valley, a municipal corporation under the laws
of the State of Minnesota("City").
BACKGROUND RECITALS
1. The City plans to construct a flood mitigation project near Medicine Lake Road and
Rhode Island Avenue in Golden Valley,during the 2016 and 2017 construction seasons("the City
Project").
2. To avoid additional disruption to the community,the Council desires to upgrade its
forcemain at the Medicine Lake Road and Rhode Island Avenue site("the Council Project").
3. Both City and Council desire that the Council Project be constructed in conjunction
with the City Project to minimize community impacts.
4. The Council is not staffed or equipped to construct the Council Project during the
2016 and 2017 construction seasons.
5. Therefore, the Council desires to have the City construct the Council Project
contemporaneously with the City Project.
NOW, THEREFORE, for mutual consideration, the receipt and sufficiency of which is
hereby acknowledged by the parties,the parties agree as follows:
AGREEMENT
I.
Purpose of Agreement
1. This Agreement describes the responsibilities of each of the Parties for design and
construction of the Council Project.
2. The Council appoints the City as its agent to obtain bids, enter into a contract for
the construction of the work, and supervise the work performed on the Council Project for
compliance with the Council Project construction documents and this Agreement.
3. The scope of the Council Project is:
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Metropolitan Council No. 16I024
The project includes the reconfiguration of Rhode Island Avenue between Medicine Lake
Road and 23rd Avenue N to accommodate the construction of flood storage ponds. In
addition, utilities in the project area are being rerouted or improved to better serve a
redevelopment of adjacent properties on the west side of Rhode Island Avenue. With the
reconfiguration of Rhode Island Avenue, the Council forcemain(Interceptor 7114) will
not have adequate soil cover. The Council is working with the City through a cooperative
agreement to replace an estimated 750 feet of forcemain at a lower elevation to
accommodate the new grades at the site. In addition, a cleanout structure and air relief
structure associated with the forcemain are being replaced by the Council.
4. The locations of the Council Project and the City Project are shown on Exhibit A
to this Agreement.
H.
Construction Documents
1. Council or its agents, at no cost to the City, will prepare the necessary detailed
construction documents for the Council Project("Council Project Construction Documents").
The Council Project Construction Documents will contain plans and specifications and a
schedule for construction of the Council Project suitable for use by proposed contractors in the
preparation of their bids. The Council will develop and provide to the City the Council Project
Construction Documents using the most current industry standards and practices for forcemains.
The Council or its agents have prepared a construction cost estimate for the Council Project,
attached as Exhibit B.
2. The Council will have a Registered Professional Engineer licensed in the State of
Minnesota prepare and certify the Council Project Construction Documents that will be
incorporated into the bidding documents for the City Project. When requested by the City, the
Council will make all Council Project Construction Documents available to the City in a timely
manner for periodic review. The City's Engineer or its representative must approve all Council
Project Construction Documents before the Council Project Construction Documents are
incorporated into the plans for the City Project.
3. The Council will deliver to the City original, reproducible, certified final Council
Project Construction Documents on a schedule that will allow the City to timely let and award a
construction contract for the City Project. In addition, the Council shall provide the City a list of
no fewer than four (4) contractors prequalified by the Council to perform the work related to the
forcemain and work related to temporary flow conveyance. A list of the Council's prequalified
contractors for forcemain work is attached as Exhibit C and a list of the Council's prequalified
contractors for temporary flow conveyance work is attached as Exhibit D.
4. The Council retains ownership of all original Council Project Construction
Documents. When the City completes its reproduction of the Council Project Construction
Documents, the City will return the original documents to the Council.
2
Metropolitan Council No. 16I024
5. The City's Engineer will incorporate the Council Project Construction Documents
into the City Project Construction Documents("Combined Project Construction Documents") for
the City and Council Projects("Combined Project").
III.
Easements and Permits
1. The Council gives the City the right to enter onto Council property, and any
easements and rights-of-way the Council obtained for construction of the Council Project for the
purpose of the City fulfilling this Agreement.
2. The City will acquire all permanent and temporary permits,easements and property
interests necessary in the City's name for the Combined Project. The City is not acquiring any
property on the Council's behalf. The City will permit the Council to have its forcemain within
the easements that the City acquires for the Combined Project and the Council will reimburse the
City for the permit as described in Section VII below.
3. As of the date of this Agreement,no additional property acquisition is required for
construction and installation of the Council Project. The Council is responsible for any land
acquisitions outside of the City Project boundaries.
4. The City is responsible for getting all other permits associated with construction of
the Combined Project.
IV.
Procedure for Acceptance of Bids
1. Bidding Procedure. Prior to advertising for bids, the City will allow the Council to
review the bidding documents. The City will advertise for bids for the work and construction of
the Combined Project, receive and open bids and may, subject to Council's acceptance of the bid
submitted, enter into a construction contract with the successful bidder in accordance with
applicable law. The bidding documents will require separate line items for specific Council Project
bid items.
After opening the bids, the City will give the Council a written tabulation of the bids with the
City's recommendation for selection of the lowest responsible bidder.
2. Council May Accept or Reject of Council Project Bid Amount.
a. Council Project Bid Amount is less than 120% of estimate. If the line items
for the Council Project in the bid total less than 120% of the construction cost
estimate in the final Council Project Construction Documents in Exhibit B
(excluding contract administration costs), the Council accepts the bid for the
Council Project and the City will award the Council Project portion of the bid.
3
Metropolitan Council No. 16I024
b. Council Project Bid Amount is 120% or More of Estimate. If the line
items for the Council Project in the bid are 120 percent or more of the
construction cost estimate in the final Council Project Construction
Documents in Exhibit B (excluding contract administration costs),the City
will award the Council Project portion of the bid, unless the Council gives the
City written notice stating that the Council does not agree to be bound by the
bid prices for the Council Project. The City must receive the Council's
written notification within 3 days of the date the City provided the Council
with the bid tabulation. If the Council does not notify the City within 3 days,
the bids for the Council Project will be deemed accepted by the Council.
c. Compensation to the City if the Council Does Not Proceed with its Project.
If the Council does not accept the bid amount for the Council Project as
described in section IV.2.b above,or otherwise decides before the City's award
of the Combined Project not to proceed with the Council Project, the Council
will reimburse the City for Council Project-related costs incurred by the City as
of the date of termination. A decision by the Council not to construct the
Council Project has no bearing on the City's ability to proceed with the City
Project.
3. City decision not to award City Project. If the City decides not to award the City
Project, the City will reimburse the Council for Council Project-related costs incurred by the
Council as of the date of termination. A decision by the City not to construct the City project has
no bearing on the Council's ability to independently advertise and accept bids for and construct
the Council Project.
V.
Construction and Contract Administration
1. The City will include in the construction contract for the Combined Project, the
Council Project Construction Documents, and require that the contractor construct the Council
Project according to these Documents. At least 14 days before the contractor begins work on the
Council Project, the City will give written notice to the Council that the contractor will begin
construction by sending notice to:
Council Contact: John Chlebeck
Title: Principal Engineer
Address: 3565 Kennebec Drive
Address: Eagan, MN 55122
Email: John.Chlebeck@metc.state.mn.us
2. The City will perform and direct all construction supervision, contract
administration and inspections required to complete the Combined Project. The City will not
interrupt the operation of the forcemain during the construction of the Council Project without the
written consent of the Council.The City will require all work related to the forcemain be performed
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Metropolitan Council No. 16I024
by one of the Council's prequalified contractors listed in Exhibit C. Furthermore, the City will
require all work related to temporary flow conveyance be performed by one the Council's
prequalified contractors listed in Exhibit D.
3. The Council's authorized representative (Adam Winiarczek, or its designee
identified to the City in writing) may observe the work during the construction of the Council
Project,but the Council's authorized representative is not responsible for supervising the Council
Project. When observing the work, the Council's authorized representative will cooperate with
the City's Engineer or designated representative. The Council's authorized representative will be
available to the City at all times during construction of the Council Project. The Council will
designate an authorized representative with the authority and experience to make decisions
concerning the construction of the Council Project so as not to delay construction of the City
Project or the Combined Project.
3. If after installation, the Council determines that any portion of the Council Project was
not constructed substantially in accordance with the Council Project Construction Documents,
the Council's authorized representative must inform the City of the deficiency within seven days.
The Council's notice to the City must also explain why the portion of the Council Project does
not conform to the Council Project Construction Documents and the actions the Council
believes the contractor must take to correct the deficiency. The City will require the contractor
to make the corrections to meet the requirements of the Council Project Construction
Documents.
4. The Council's authorized representative will participate in the inspection of the
Council Project for substantial completion. Within seven days of any substantial completion
inspection, the Council will provide the City the punch list items that need to be addressed before
final completion of the Council Project. If the Council does not provide punch list items within
seven days,the contractor's work will be deemed accepted.
5. The City will inform the Council in writing of final completion of construction
(including the punch list items) of the Council Project. Within seven days of receiving the City's
written notice, the Council will inform the City in writing whether the Council Project conforms
to the Council Project Construction Documents. The Council makes the final decision on whether
the contractor's Council Project work conforms to the Council Construction Documents. The
Council must accept the work on the Council Project in writing.
6. The Council will participate in the claims process on the Combined Project for the
following types of contractor claims:
(a) Project delays relating in any way to site conditions; and
(b) Council requests for changes or modifications to any construction documents
(Council Project, City Project, or Combined Project).
(c) Project delays caused by untimely response to the inspection requirements in
Section III-VI above.
The Council will pay the portion of any claim that relates to the acts of the Council
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Metropolitan Council No. 16I024
regarding the Council Project.
VI.
Modifications to Construction Documents
1. The City may make minor changes in the Council Project Construction Documents
and the Combined Project Construction Documents if the changes are necessary to complete
construction. The City may also enter into any change orders or supplemental agreements with
the contractor on the Combined Project to incorporate these changes in the Council Project or
Combined Project Construction documents. These changes may result in a change to the Council's
cost participation described in Section VIII.
2. The City will give the Council's Authorized Representative all proposed
amendments and material changes to the Council Project Construction Documents. The Council
will review the documents and communicate in writing its acceptance or rejection to the City
within seven days.The City will not amend or change the Council Project Construction Documents
until it receives the Council's written acceptance.
3. The Council may make changes to the Council Project if all of the following occur:
a. The Council gives the City seven days written notice;
b. The Council bears the costs of all changes; and
c. The change does not increase the cost or delay completion of the City Project.
VII.
Cost Participation and Payment
1. The Council will reimburse the City for the costs shown in Exhibit B as
specified in this Section VII. The Council will reimburse the City for the actual cost of
construction for the Council Project, actual costs of construction for portions of the Combined
Project as identified in Exhibit B, actual land acquisition costs as shown below,plus seven
percent. The additional seven percent is for the following:
(a) surveying, inspection, and testing for the Council Project;
other costs associated with the Council or Combined Project including contract administration and
land acquisition if applicable, and other administrative expenses associated with the Council or
Combined Project.
2. The City, at its sole expense will acquire in its name all permanent and temporary
permits, easements, and property interests necessary for the Combined Project.
3. The parties further agree that the Council Project costs are an estimate. The final
Council Project construction costs will be based on the unit prices in the City's construction
contract, the final quantities, and any amendments or change orders.
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Metropolitan Council No. 16I024
4. After the City awards the Combined Project Construction Contract, the City will
prepare a revised Exhibit B and give it to the Council. The revised Exhibit B will update the
Council Project costs for construction, land acquisition, and administration based on the actual
design costs and contract unit prices. The parties will substitute the revised Exhibit B for the
Exhibit B attached to this Agreement without any amendment to this Agreement.
5. The City will pay its contractor for the contractor's work on the Council Project.
The Council will then pay the City under this section. During construction of the Council Project,
the City will submit monthly invoices to the Council. The City's monthly invoices will include a
progress report. The Council must pay the City within 30 days after it receives the invoice. If the
Council disputes any portion of an invoice it must give the City notice of the dispute within 14
days after the Council receives the invoice. If the Council disputes any portion of an invoice, the
Council must pay the undisputed portion of the invoice within 30 days after receives the invoice,
and it must pay the remainder of any amount due within 30 days after the dispute is resolved.
6. When the work on the Combined Project is substantially complete, the City will
give the Council an updated cost participation breakdown. This cost participation breakdown will
show actual construction costs based on the contract unit prices and the units of work the contractor
performed. The updated cost participation breakdown will also contain the updated administrative
and other costs to be paid to the City by Council.
7. If after subtracting the Council's payments from the updated cost participation
breakdown the Council owes the City money, the City will invoice the Council for that amount.
The Council will then pay the City the amount owed within 30 days of receiving the invoice. If
the Council has already paid more than the updated cost participation breakdown, the City will
refund the Council's excess amount without interest.
VIII.
Warranties/Maintenance
1. The Council Project bonds and warranties will be issued in the name of the City.
Once construction of the Council Project is complete and the Council accepts the Council Project,
the Council Project will be under the full control of the Council and all bonds, warranties and
guarantees provided by the sureties, construction contractors and subcontractors for the Council
Project are the property of Council. If a surety prohibits assignment then the City will require the
contractor to ensure that the affected bond or warranty is applied both to the City and the Council.
2. After acceptance of the Council Project by the Council the Council is responsible
for operation and maintenance of the Council Project.
IV.
Liability
1. To the extent authorized by law each party is responsible only for its own acts and
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Metropolitan Council No. 16I024
the results of its acts. The Council's and City's liability is governed by the provisions of Minnesota
Statutes, Chapter 466.
2. The Council and City each warrant that they have an insurance or self-insurance
program with minimum coverage consistent with the liability limits in Minnesota Statutes,Chapter
466. Nothing in this Agreement is a waiver or limitation of any immunity or limitation of liability
by the Council or City.
3. The City will ensure that the Combined Project construction contract includes
clauses that:
A) require the Combined Project contractor to defend, indemnify, and hold
harmless the Council, its officers, agents and employees from claims, suits, demands,
damages, judgments, costs, interest, expenses (including reasonable attorney's fees,
witness fees and disbursements) arising out of or by reason of the acts or omissions of the
Contractor, its officers, employees, agents or subcontractors;
B) require the Combined Project contractor to provide and maintain insurance in
the amounts specified in the attached Exhibit C,which is incorporated into this Agreement,
and name the Council as additional insured; and
C)require the Combined Project contractor to be an independent contractor for the
purposes of completing the work on the Council Project.
X.
General Provisions
1. All records kept by the Council and City with respect to the Council Project are
subject to examination by representatives of each party. All data collected, created, received,
maintained or disseminated for any purpose by the Council and City under this Agreement are
governed by Minnesota Statutes, Chapter 13("Act"), and the Minnesota Rules implementing the
Act.
2. The City agrees to comply with all laws applicable to the City relating to
nondiscrimination, affirmative action, public purchases, contracting, employment, workers'
compensation,prevailing wage,and surety deposits required for construction contracts. Minnesota
Statutes, Section 181.59 and any applicable local ordinance relating to civil rights and
discrimination and the Affirmative Action Policy statement of the Council is considered a part of
this Agreement.
3. The employees of the parties, and all other persons engaged by each party will not
be considered employees of the other party. Each party is solely responsible for all claims arising
from its employees including claims under the Worker's Compensation Act, the Minnesota
Economic Security Law and all third party claim resulting from an act or omission of an employee.
4. If hazardous wastes, pollutants or contaminants as those terms are defined in law
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Metropolitan Council No. 16I024
exist on the Combined Project site, the City is responsible for any response or remedial action,
monitoring or reporting under the law. The City will apply for and have the Council named as a
beneficiary in any no association letters,no action/no further action letters and other environmental
regulatory assurances for contaminants found within the Council Project. The City will give the
Council copies of any Phase I and Phase II environmental investigations, approved Response
Action Plans, and environmental assurance letters naming the Council as a beneficiary. This
paragraph survives the termination of this Agreement.
5. This Agreement is the entire agreement between the parties and supersedes all oral
agreements and negotiations between the parties relating to this Agreement. All exhibits and
attachments to this Agreement are incorporated into the Agreement. If there is a conflict between
the terms of this Agreement and any of the exhibits the Agreement governs.
6. The provisions of this Agreement are severable. If a court finds any part of this
Agreement void, invalid, or unenforceable, it will not affect the validity and enforceability of the
remainder of this Agreement. A waiver by a party of any part of this Agreement is not a waiver of
any other part of the Agreement or of a future breach of the Agreement.
7. Any modifications to this Agreement must be in writing as a formal amendment.
8. This Agreement is binding upon and for the benefit of the parties and their
successors and assigns. This Agreement is not intended to benefit any third-party.
9. Except as otherwise provided for in this Agreement, the Agreement may be
terminated by the mutual agreement of the parties.
10. If a force majeure event occurs, neither party is responsible for a failure to perform
or a delay in performance due to the force majeure event. A force majeure event is an event beyond
a party's reasonable control,such as unusually severe weather,fire,floods,other acts of God,labor
disputes, acts of war or terrorism, or public health emergencies.
11. Under Minnesota Statutes, Section 16C.05,subdivision 5,the Parties agree that the
books records documents and accounting Procedures and practices relevant to this Agreement
are subject to examination by either Party and the state auditor or legislative auditor,as appropriate,
for at least six years from the end of this Agreement.
12. A party must sent send all notices or demands under this Agreement either by:
(A) certified mail;
(B) e-mail, as long as the recipient acknowledges receipt by e-mail or otherwise in
writing; or
C) delivered in person to the other party
addressed to the following authorized representatives:
9
Metropolitan Council No. 16I024
John Chlebeck Title
Metropolitan Council Environmental Services City of
3565 Kennebec Drive Address
Eagan, MN 55122 Address
13. The parties will use a dispute resolution process for any unresolved dispute between
the parties before exercising any legal remedies. The dispute resolution process is a three level
dispute resolution ladder that escalates a dispute from the project management level through the
executive management level. At each level of the dispute resolution process, the Parties'
representatives will meet and explore resolution until either party determines that effective
resolution is not possible at the current level, and notifies the other party that the process is
elevated to the next level. The parties designate the following dispute resolution representatives:
City Representative Metropolitan Council
Representative
Level 1 Manager
Level 2 Assistant General Manager
Level 3 General Manager,
Environmental Services
The parties must complete the dispute resolution process in good faith before resorting to
any other legal process or remedy.
14. Metropolitan Council and the City are each authorized to enter into this
Agreement pursuant to Metropolitan Council Action No. approved on ,
and City Resolution No. , approved on
[The remainder of this page is intentionally blank.]
METROPOLITAN COUNCIL,
A public corporation and political subdivision
of the State of Minnesota
By:
Weston W. Kooistra, Regional Administrator
Date:
10
Metropolitan Council No. 16I024
CITY OF GOLDEN VALLEY
A municipal corporation of the
State of Minnesota
By:
Name, Title
Date:
and
Name, Title
Date:
11
Met. Council No.
LIST OF EXHIBITS
Exhibit A - City Project and Metropolitan Council Project Locations
Exhibit B - Metropolitan Council Project Construction Costs Estimates
Exhibit C- Metropolitan Council's Prequalified Contractor List for Forcemains
Exhibit D- Metropolitan Council's Prequalified Contractor List for Temporary Flow
Conveyance
12
Met. Council No.
Exhibit A
City Project and Metropolitan Council Project Locations
13
Met. Council No.
Exhibit B
Council Project Construction Costs Estimates
[Note to City: make sure this list includes surveying, construction inspection, geotechnical
testing and contract administration, & City Engineer's charges to incorporate the Metropolitan
Council Project Construction Documents into the City Project construction documents]
14
Executive Summary For Action
Golden Valley City Council Meeting
August 16, 2016
60 Day Deadline: August 20, 2016
Agenda Item
4. A. Public Hearing - Major PUD Amendment Plan for Central Park West PUD No. 121,
Amendment #2 - 10 West End - Ryan Companies US, Inc., Applicant
Prepared By
Emily Goellner, Associate Planner/Grant Writer
Summary
Ryan Companies, in partnership with the Excelsior Group, is requesting an amendment to the
Central Park West PUD to incorporate final design plans for an 11-story office tower connected
by skyway to a 7-level parking ramp. The original PUD proposal, approved in 2015, included these
structures in concept-level detail. The 11-story office tower, “10 West End,” would be built
adjacent to the linear park as the first of two phases of office development on the site. The first
phase of the parking ramp would be built to accommodate the first office tower. Upon the
construction of the second office tower, the second half of the parking ramp would also be
constructed. A café or similar retail space to serve the office tenants would be located on the
ground floor of the office building. Since this property is located in both Golden Valley and St.
Louis Park, both Planning Commissions and City Councils will review this application. This
application meets all requirements set forth in the original PUD approval from 2015.
Neighborhood Meeting
The applicant hosted a joint neighborhood meeting for residents of both cities on May 11, 2016.
Two Golden Valley residents attended and most questions were regarding parking and traffic (see
attached summary for more detail), all of which the applicant adequately addressed.
Planning Commission Recommendation
The Planning Commission reviewed the proposal on July 25 and recommended approval
unanimously. Two conditions of approval were added to the recommendation regarding traffic
counts and public art. Staff feels confident that the applicant has effectively addressed all of the
questions raised by the Planning Commission. The St. Louis Park Planning Commission
recommended approval unanimously on July 20, 2016, and the proposal will be reviewed by St.
Louis Park City Council on August 15, 2016.
City Code establishes findings that must be made by the City when amending a PUD. These
findings are included in the City Council's recommended action. In order approve an amendment
to a PUD, the City must be able to make the following findings:
1. Quality Site Planning. The PUD plan is tailored to the specific characteristics of the site,
such as the proximity to high retaining walls and highway traffic to the north and east and
high-density development to the south and west. With flexibility under a PUD in uses
allowed, setbacks, height, parking requirements, number of buildings on a lot, and similar
requirements, the quality of site planning and design is of higher quality than if each parcel
was designed individually under conventional provisions. The PUD encourages creativity
and flexibility in land development.
2. Preservation. The site is currently vacant and is mostly impervious. The proposed plan adds
approximately 72 new trees and 256 shrubs to the site.
3. Efficient& Effective. The PUD plan includes efficient and effective use of the land. The PUD
plan provides an appropriate area of the city for an 11-story office building and 7-level
parking ramp.
4. Compatibility. The PUD Plan results in development compatible with adjacent uses and is
consistent with the Comprehensive Plan and redevelopment plans and goals. High-density
office, commercial, and residential uses surround the site to the south and west. Low-
density residential uses are separated from this proposed PUD site by significant highway
development. The PUD plan increases the Class A office space available to the 1-394
corridor, which is a desirable location with many major employers.
5. General Health.The PUD plan is consistent with preserving and improving the general
health, safety and general welfare of the people of the City. The PUD plan promotes
pedestrian and bicycle activity and provides high-quality landscaping additions to the site.
6. Meets Requirements. The PUD plan meets the PUD Intent and Purpose provision and all
other PUD ordinance provisions. The PUD provision permits flexibility from other provisions
in Chapter 11 of the City Code. This flexibility is permitted in order to promote the intent
and purpose of the PUD section of the City Code.
Staff recommends approval of Amendment#2 to Central Park West PUD No. 121, subject to the
following conditions:
1. The plans prepared by Ryan Companies submitted on June 28, 2016, shall become a part of
this approval.
2. The recommendations and requirements outlined in the memo from the Engineering
Division to Jason Zimmerman, Planning Manager,July 11, 2016, shall become a part of this
approval.
3. The recommendations and requirements outlined in the memo from the Fire Department
to Jason Zimmerman, Planning Manager, July 1, 2016, shall become a part of this approval.
4. The City of St. Louis Park approves that portion of the Planned Unit Development within its
jurisdiction.
5. The east-west driveway located along the south side of the proposed office and ramp
property (Lot 2) must be modified to include only one-way access in the westward
direction. The driveway must be 20 feet in width and include the appropriate curb tapers,
signage, and pavement markings.
6. The property owners of any parcel in the Central Park West PUD shall adhere to the Travel
Demand Management Plan approved for the West End Redevelopment, which will serve to
reduce traffic congestion. The applicant shall provide an update to the Travel Demand
Management Plan and must receive staff approval prior to the issuance of a building
permit. Based on the monitoring of traffic conditions, the owner will be required to update
the plan or submit a new plan to the Golden Valley and St. Louis Park 1-394 Joint Task Force
in the future as needed.
7. If there are complaints from hotel users or the hotel owner, located on Lot 3 of PUD 121,
that overflow parking in the parking ramp is not convenient or available, the City reserves
the right to require that up to 110 parking spaces be signed and/or striped to designate
hotel parking.
8. The applicant shall dedicate easements for public use of certain sidewalks and trails located
within the City of Golden Valley, both inside and outside the Linear Park, in a form
acceptable to the City Attorney.
9. Because the attached PUD Plan includes final design plans for only Phase 1 of the Office and
Parking Ramp, the applicant or future property owner must submit an application for a
Major PUD Amendment, and receive approval therefor, when final design plans for Phase 2
of the Office and Parking Ramp are prepared, prior to issuance of any building permits for
Phase 2 of the Office and Parking Ramp.
10. The applicant shall submit a letter of credit or cash deposit to the City of Golden Valley for
the cost of the proposed public art installation on the parking ramp facade.
11. The applicant shall engage community members in the design process for the public art
proposed for the parking ramp fagade, in a process that is acceptable to the City Manager
or his/her designee.
12. The applicant shall pay all required fees and costs incurred by the City related to the review
and processing of the application, including legal and professional consulting costs.
13. This approval is subject to all other state, federal, and local ordinances, regulations, or laws
with authority over this development.
Attachments
• Location Map (1 page)
• Planning Commission Minutes dated July 25, 2016 (7 pages)
• Memo to the Planning Commission dated July 25, 2016 (7 pages)
• Memo from the Engineering Division dated July 11, 2016 (2 pages)
• Memo from the Fire Department dated July 1, 2016 (1 page)
• Applicant's Narrative (7 pages)
• Neighborhood Meeting Summary (2 pages)
• Site Plans prepared by Ryan Companies submitted June 28, 2016 (51 pages)
• Ordinance#609, Approval of PUD Plan, Central Park West PUD No. 121, Amendment #2, Ryan
Companies, Applicant (3 pages)
Recommendation
Motion to adopt Ordinance #609, Approval of PUD Plan, Central Park West PUD No. 121,
Amendment #2, Ryan Companies, Applicant.
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Regular Meeting of the
Golden Valley Planning Commission
July 25, 2016
regular meeting of the Plan ing Commission was held at the Golden Valley City Hall,
C cil Chambers, 7800 Gol n Valley Road, Golden V y, Minnesota, on Monday,
July 016. Vice Chair Ba r called the meeting 1poerder at 7 pm.
Those presen re Planning ommissio Baker, Blum, Johnson, Kluchka, and
Waldhauser. Also ent we Plan ' Manager Jason Zimmerman, Associate
Planner/Grant Writer E G e r, and Administrative Assistant Lisa Wittman.
Commissioner Segelbaum bsent.
1. Approval of nutes
June , 2016, Regul Planning Com i sion Meeting
MO by Waldhauser, sec ded by Kluchka and tion carried unanimously to
a rove the June 27, 2016, nutes as submitted.
2. Informal Public Hearing — Major PUD Amendment— Central Park West—
Southwest Quadrant of 1-394 and Highway 100 — PU-121, Amendment#2
Applicant: Ryan Companies US, Inc.
Address: Unassigned (Southwest Quadrant of 1-394 and Highway 100)
Purpose: To construct an 11 story office building and a 1,214 stall parking
ramp on the border of St. Louis Park and Golden Valley.
Goellner referred to a site plan of the property and discussed the applicant's proposal to
construct an 11 story office building and a 7 level, 1,214 stall parking ramp. She noted
that the landscaping, lighting and other civil engineering plans match the original PUD
proposal for Central Park West. She showed the Commissioners architectural elevations
and renderings and discussed the building materials which will include glass, brick, and
precast spandrel panels. She discussed the proposed amenities including: a retail
space/cafe facing the park, outdoor meeting space, a skyway to the parking ramp,
balcony views of downtown, and a bicycle storage room with showers and lockers.
Goellner referred to a plan showing the entrances and exits on the site and discussed
how they have changed from the original approval. She noted that the parking ramp
entrance on the north side has been moved to the east side along Lilac Drive and that
the ramp has been tilted slightly on the site to better align with Lilac Drive and to allow
the Central Park area to be larger. She added that the intersection of Quentin Avenue
and Wayzata Blvd. will be improved by adding an additional turn lane and all-way stop
signs.
Goellner referred to the north facing wall of the parking ramp and stated that the original
proposal included a "green" vegetated wall. She stated that in order to meet the intent of
Minutes of the Golden Valley Planning Commission
July 25, 2016
Page 2
the original concept, the applicant is proposing that a mural be painted instead because
vegetation won't survive on a north facing wall. She explained the proposed mural
design process and the timeline for community meetings and installation of the mural.
She added that staff is recommending a committee be formed consisting of one member
from the Golden Valley Community Foundation, one Planning Commissioner, two
residents of the South Tyrol/Kennedy Addition, one St. Louis Park resident, property
owners Ryan Companies and Excelsior group, and City Planning staff from Golden
Valley and St. Louis Park.
Goellner discussed the parking requirements and noted that 1,173 spaces are required
and 1,214 spaces are being provided. 118 bicycle spaces are required and 126 spaces
are being provided.
Waldhauser asked if the change in setbacks from the original approval are due to the
tilting of the parking ramp. Goellner said yes. Baker asked if tilting the parking ramp
increased the amount of office space. Goellner said no, but it will increase the amount of
green space.
Kluchka asked if the City was involved in the decision to change the vegetated wall to a
painted mural. Goellner stated that the first choice was a vegetated wall, the second
choice was a mural, and the third choice was metal panels across the facade. She
added that staff has had conversations with the applicant and that the City wants this to
be a dynamic space and have a sense of place for the community.
Blum noted that in the original PUD proposal the parking ramp was entirely in Golden
Valley and now a portion of it will be in St. Louis Park. He asked if that will affect any
agreements or negotiations between the two cities. Goellner stated that there are shared
service agreements in place and explained that Golden Valley will permit the parking
ramp and St. Louis Park will collect a portion of the revenue collected based on the
square footage and vice versa for the office building.
Johnson referred to the make-up of the membership on the proposed mural committee
and stated that it doesn't represent the entire community, rather just one neighborhood.
He asked about involving additional people and the City Manager or elected officials.
Goellner stated that they are hoping the community will be represented by a Planning
Commissioner and by a member of the Golden Valley Community Foundation, and also
during the community engagement day. She added that the City Manager will likely be
involved in the process and that the Planning Commission could recommend that the
City Council also have a member on the committee.
Blum asked if there are bike and pedestrian pathways planned for the Wayzata Blvd.
Highway 100 overpass. Goellner stated that a feasibility study is just wrapping up for
Wayzata Blvd. that has several alternatives for Wayzata Blvd. in it. When the feasibility
study is complete there will likely be a recommendation from all of the parties involved
including Golden Valley, St. Louis Park, Minneapolis, and Hennepin County. The funding
of the improvements will most likely come from the City's Capital Improvement Program,
Hennepin County, and the Metropolitan Council.
Minutes of the Golden Valley Planning Commission
July 25, 2016
Page 3
Baker noted that the application made reference to a bike connection between the
proposed office building and the Cedar Lake Trail and asked about the nature of that
connection. Goellner stated that the connection would not necessarily be owned and
operated by the applicant of this property, but she believes there have been discussions
regarding a connection in St. Louis Park.
Johnson noted that traffic was a big issue during the review of the original PUD approval
process. He referred to the staff report that states if there is reason to do another traffic
study one would be done, but he wonders if they can be more proactive about requiring
additional traffic studies. Goellner stated that the City is requiring that traffic counts be re-
done after the office is occupied to make sure that traffic is moving the way it is
supposed to. Baker asked if the additional studies are the City's or the developer's
responsibility. Goellner stated that the property owners would pay for the additional
studies. Waldhauser asked if the office tenants will be required to have staggered start
and end times to help with traffic issues. Goellner said she thinks that would likely be a
component of their Travel Demand Management Plan.
Tony Barranco, Vice President of Development, Ryan Companies, stated that much of
the foundation for this phase of the proposal was put in place during the original PUD
approval process. He stated that the second phase will occur within two to five years
after the first phase. He noted that Excelsior Group has purchased the site and that Ryan
Companies will be partners with them by supporting the construction and leading the
entitlement process. They are both mutually developing the property and will be owners
of the property. He reiterated that they will get the permit for the parking ramp from the
City of Golden Valley and the permit for the office building will be issued by St. Louis
Park. He discussed the design of the office building and stated that they are trying to
create an office environment for the modern work force. He said they that they don't want
to build a glass tower that feels unfriendly, they want to build a warm space that is more
hospitable and welcoming to patrons, guests and workers. He stated that 95% of the
building materials will be Class 1 materials, the brick will have a metallic sheen, there will
be full height glass on many levels, and wood under the soffit with signature arched
windows to give it a warehouse feel. The building will be LEED certified and will focus on
the connection to Central Park West. It will also focus on bike connections and outdoor
space with each floor having some outdoor space. He referred to the subtle shift/tilt of
the parking ramp and stated that changing the ramp gave the park an additional 7,000
square feet of space, it gave the apartment owners to the north, and offices to the east
some relief from the view of the hard edge of the ramp and it removes the direct view of
the ramp and headlights. It also provided some important safety areas by allowing a
pedestrian connection from Quentin Avenue to go through and into the park without
crossing through the active driveway area. He referred to the north side of the parking
ramp and said staff has made it clear that planning something for that facade is very
important. He said it is important to them as well because it is a critical signature
gateway to their overall project. He said they were concerned about the longevity of a
vegetative system especially on the north side of a building so they are proposing ground
plantings and a mural concept as an alternative. He discussed the history of previous
projects and past community engagement processes they've done with the artist that will
be working on the mural.
Minutes of the Golden Valley Planning Commission
July 25, 2016
Page 4
Kluchka asked about the proposed spandrel material. Karl Drecktrah, Director of
Architecture, Ryan Companies, stated that spandrel is an architectural precast, concrete
product that will be located between the top of the window heads and the bottom of the
window sills from floor to floor.
Kluchka asked if a major tenant has been identified because the look of this proposed
building is similar to the look of the new US Bank Stadium. Barranco said no, they have
had discussions with a significant, major tenant, and they need a major tenant before
they start construction, but they have nothing to announce at this point. Kluchka asked if
the proposed second office building would be a twin of this building. Barranco said it will
be an exact twin of the first building with two exceptions: the second building will have a
slightly different orientation the first floor will have through access and an open and
dramatic connection to the park.
Blum referred to the crisscrossing paths in the park and asked how pedestrians will
interact at those intersections. Barranco said they would like to have a direct connection
on the south end of the ramp to the walk system and they know where they will have the
bike entrance, but they haven't spent a lot of time yet on modal separation.
Blum asked if the retail/cafe space would be open to the public. Barranco said yes and
added that the retail space will flow out to the park space.
Waldhauser referred to the landscaping and asked Barranco if they are responsible for
the trees for one year, or if their responsibility is longer. Kevin Pfeiffer, Landscape
Architect, stated that most of the trees will be located in areas with significant open
space and added that they require their contractor to warranty the trees for 1 to 2 years.
Kluchka said he wants to talk about the building versus the parking ramp. He said he
sees a lot of things happening, but he doesn't know what this building wants to be. He
questioned how the mural could help bring the two together as a connected unit and
added that he would recommend and encourage mixed media for the mural, not just
paint. Barranco said they share the concern that the mural look like an architectural
project and not an art project, and that it fits in with its surroundings because they don't
want to invest in something that doesn't look great. Kluchka questioned if they have to
use the word mural or if they can leave it open to other solutions. Barranco said they
would be open to considering other ideas or a combination of a mural and other
materials. Drecktrah added that the design team will stay actively engaged to make sure
it all works together.
Johnson referred to the parking for the hotel and said he remembered talking about
using the residential building as a pass through or short cut. He asked if that is still under
consideration and if there is a snow removal plan in place. Barranco stated that the
residential building is under different ownership but there will be a door connection in the
north side of the ramp for hotel guests. He referred to the question about snow removal
and stated that there is an agreement in place that covers maintenance and service of
the green areas and the sidewalks including snow removal.
Minutes of the Golden Valley Planning Commission
July 25, 2016
Page 5
Baker opened the public hearing.
Gary Cohen, 4530 Douglas Avenue, said he knows the importance of public meetings
and that he has attended many of them regarding this proposal. He stated that this
current proposal is a vast improvement over past proposals and he is impressed with the
quality of the project. He said he is not concerned about plantings or murals but the
elephant in the room and his primary concern is traffic. He said traffic can be unbearable
and the Wayzata frontage road can back up to Olive Garden. He said he knows that
possible changes haven't been finalized yet, but traffic engineers continue to say there is
no problem. He noted that at prior meetings he's called for continued studies and
suggested that continued studies be made a conditional of approval.
Seeing and hearing no one else wishing to comment, Baker closed the public hearing.
Waldhauser said she believes there is a provision in place to repeat traffic studies as
more development occurs. Baker agreed and added that staggered start and end times
might be another consideration. Goellner stated there will be future analysis to determine
if trip distribution is occurring as anticipated.
Kluchka said he loves the design of the building. He referred to condition #10 in the staff
report and said he would like to change the word "mural" to "public art" instead because
there is an opportunity for mixed media rather than just paint. Waldhauser said she has
seen both paint and mixed media projects done really well. Baker agreed that just a
mural might not be what the City wants. Johnson reiterated that he would like to open up
the design process to allow more people to participate and to possibly have the City
Manager and/or City Council Members be a part of that group. Baker suggested that
decision be left up to the Council. He said he imagines that the City Manager will
designate staff to attend the group's meetings and that information will funnel back to the
City Council. Johnson said he just wants more than the closest neighborhood involved.
Goellner noted that condition #11 also uses the word "mural" and said that she would
change the wording to "public art."
Baker asked Commissioner Waldhauser if her questions about the proposed trees have
been addressed. Waldhauser noted that the trees are probably more in St. Louis Park's
purview, but it sounds like the longevity of the trees and landscaping has been thought
about.
Kluchka asked if additional traffic studies should be added as a condition of approval.
Baker said he would like there to be ongoing traffic studies. Kluchka questioned how St.
Louis Park is reviewing the traffic issues. Goellner said she believes it is addressed in
their conditions of approval, or they may have a separate agreement. She suggested
language be added to condition #6 regarding the monitoring of ongoing traffic concerns.
MOVED by Kluchka, seconded by Waldhauser and motion carried unanimously to
recommend approval of Central Park West PUD No. 121, Amendment #2, subject to the
following findings and conditions:
Minutes of the Golden Valley Planning Commission
July 25, 2016
Page 6
Findings:
1. The PUD plan is tailored to the specific characteristics of the site, such as the
proximity to high retaining walls and highway traffic to the north and east and high-
density development to the south and west. With flexibility under a PUD in uses
allowed, setbacks, height, parking requirements, number of buildings on a lot, and
similar requirements, the quality of site planning and design is of higher quality than
if each parcel was designed individually under conventional provisions. The PUD
encourages creativity and flexibility in land development.
2. The site is currently vacant and is mostly impervious. The proposed plan adds
approximately 72 new trees and 256 shrubs to the site.
3. The PUD plan includes efficient and effective use of the land. The PUD plan
provides an appropriate area of the city for an 11-story office building and 7-level
parking ramp.
4. The PUD Plan results in development compatible with adjacent uses and is
consistent with the Comprehensive Plan and redevelopment plans and goals. High-
density office, commercial, and residential uses surround the site to the south and
west. Low-density residential uses are separated from this proposed PUD site by
significant highway development. The PUD plan increases the Class A office space
available to the 1-394 corridor, which is a desirable location with many major
employers.
5. The PUD plan is consistent with preserving and improving the general health, safety
and general welfare of the people of the City. The PUD plan promotes pedestrian
and bicycle activity and provides high-quality landscaping additions to the site.
6. The PUD plan meets the PUD Intent and Purpose provision and all other PUD
ordinance provisions. The PUD provision permits flexibility from other provisions in
Chapter 11 of the City Code. This flexibility is permitted in order to promote the intent
and purpose of the PUD section of the City Code.
Conditions:
1. The plans prepared by Ryan Companies submitted on June 28, 2016, shall become
a part of this approval.
2. The recommendations and requirements outlined in the memo from the Engineering
Division to Jason Zimmerman, Planning Manager, July 11, 2016, shall become a
part of this approval.
3. The recommendations and requirements outlined in the memo from the Fire
Department to Jason Zimmerman, Planning Manager, July 1, 2016, shall become a
part of this approval.
4. The City of St. Louis Park approves that portion of the Planned Unit Development
within its jurisdiction.
5. The east-west driveway located along the south side of the proposed office and
ramp property (Lot 2) must be modified to include only one-way access in the
westward direction. The driveway must be 20 feet in width and include the
appropriate curb tapers, signage, and pavement markings.
6. The property owners of any parcel in the Central Park West PUD shall adhere to the
Travel Demand Management Plan approved for the West End Redevelopment,
which will serve to reduce traffic congestion. The applicant shall provide an update
to the Travel Demand Management Plan and must receive staff approval prior to the
Minutes of the Golden Valley Planning Commission
July 25, 2016
Page 7
issuance of a building permit. Based on the monitoring of traffic conditions, the
owner will be required to update the plan or submit a new plan to the Golden Valley
and St. Louis Park 1-394 Joint Task Force in the future as needed.
7. If there are complaints from hotel users or the hotel owner, located on Lot 3 of PUD
121, that overflow parking in the parking ramp is not convenient or available, the City
reserves the right to require that up to 110 parking spaces be signed and/or striped
to designate hotel parking.
8. The applicant shall dedicate easements for public use of certain sidewalks and trails
located within the City of Golden Valley, both inside and outside the Linear Park, in a
form acceptable to the City Attorney.
9. Because the attached PUD Plan includes final design plans for only Phase 1 of the
Office and Parking Ramp, the applicant or future property owner must submit an
application for a Major PUD Amendment, and receive approval therefor, when final
design plans for Phase 2 of the Office and Parking Ramp are prepared, prior to
issuance of any building permits for Phase 2 of the Office and Parking Ramp.
10.The applicant shall submit a letter of credit or cash deposit to the City of Golden
Valley for the cost of the proposed public art installation on the parking ramp fagade.
11.The applicant shall engage community members in the design process for the public
art proposed for the parking ramp facade, in a process that is acceptable to the City
Manager or his/her designee.
12.The applicant shall pay all required fees and costs incurred by the City related to the
review and processing of the application, including legal and professional consulting
costs.
13.This approval is subject to all other state, federal, and local ordinances, regulations,
or laws with authority over this development.
Informal Public Hearing Zoning Code Text Amendment— Temporary Family
Health Care Dwellings — 000-106
plicant: City of Golde Valley
Pur e: To consider I nguage regarding Tempo amily Health Care
Dwellings.
Goellner explaine at a bill wa recently p d by the Minnesota Legislature creating
a process for landow s to pla tempo health care dwellings on their property.
She explained that a to rary eal are dwelling is defined as transitional housing
for those requiring assistan said they are typically a modular/manufactured
home or recreational vehicle r 300 square feet in size with no permanent
foundation. She stated t staff commending that the City prohibit temporary health
care dwellings in all in g distri is ause of the potential negative impacts including:
health and safet sues, the lac of ad ate space, and noise and visual nuisance.
She added t communities mu t opt-out September 1 or begin allowing these
structure
Ba asked if any communities re not opting-out. ellner said the only City she
ws of that is considering allo ing these types of dwellings is New Hope, but they will
city of
goldenl"kAr MEMORANDUM
valley Physical Development P
11 ment De artment
763-593-8095/763-593-8109(fax)
Date: July 25, 2016
To: Golden Valley Planning Commission
From: Emily Goellner, Associate Planner/Grant Writer
Subject: Informal Public Hearing— Final PUD Plan for Central Park West PUD No. 121,
Amendment#2— 10 West End — Ryan Companies, Applicant
Summary
Ryan Companies, in partnership with the Excelsior Group, is requesting an amendment to the
Central Park West PUD to incorporate final design plans for an 11-story office tower connected
by skyway to a 7-level parking ramp. The original PUD proposal, approved in 2015, included these
structures in concept-level detail. The 11-story office tower, "10 West End", would be built
adjacent to the linear park as the first of two phases of office development on the site. The first
phase of the parking ramp would be built to accommodate the first office tower. Upon the
construction of the second office tower,the second half of the parking ramp would also be
constructed. A cafe or similar retail space to serve the office tenants would be located on the
ground floor of the office building. Since this property is located in both Golden Valley and St.
Louis Park, both Planning Commissions and City Councils will review this application.
Central Park West PUD 121, Amendment #2 — Site Plan
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Neighborhood Meeting
The applicant hosted a joint neighborhood meeting for residents of both cities on May 11, 2016.
Two Golden Valley residents attended and most questions were regarding parking and traffic (see
attached summary for more detail). The applicant addressed these questions and residents were
encouraged to contact City staff if there are any additional questions. There was one St. Louis
Park resident in attendance.
Comparison to Original PUD Approval
The Central Park West PUD was approved in April 2015 by both Golden Valley and St. Louis Park.
The plan submitted by Ryan Companies is very similar to the concept approved in the original
approval. The site plan submitted by Ryan Companies meets all requirements in the original
approval of PUD 121. The office building and parking ramp are slightly smaller than the original
approval and therefore fit within the utility and traffic demands anticipated in previous studies.
Comparison to Underlying Zoning Regulations
Requirement Required in Business and Required with Original Proposed
Professional Office Zoning PUD Approval
Use Office and adjacent Office and adjacent Office with adjacent
parking ramp permitted parking ramp parking ramp
3 stories(more permitted 11-story office building 11-story office building
Height with Conditional Use
Permit) 7-level parking ramp 7-level parking ramp
40%maximum No maximums determined Similar to original site plan
Structure 0 in approval, but plan must 17.74%on Lot
Coverage Additional 20%for parking be similar to original site Approx. 65%in PUD
structure
plan anticipated
Impervious No requirement 90%maximum 80.1%on Lot
Surface 79.1/0 for PUD anticipated
Front: 70'to Utica Avenue No minimums determined Similar to original site planFront: 8'to Utica Avenue
Side: 30'to north in approval, but plan must
Setbacks Side: 20'to south be similar to original site Side: 18'to Linear Park
Rear: 50' to east plan Side: 53'to Office Phase 2
Rear: 70' to retaining wall
Lot Area 1 acre minimum Approx. 7 acres for Office 3.54 acres in Lot
Phases 1 and 2 combined 13.48 acres in PUD
1,331 spaces 1,173 spaces minimum 1,219 spaces proposed
Car Parking (4 spaces per 1,000 square (Approved at minimum Equal to 3.67 spaces per
feet) ratio of 3.53 spaces per 1,000 square feet(above
1,000 square feet) minimum 3.53 ratio)
Bicycle 59 spaces minimum 118 spaces minimum 126 spaces proposed
Parking
Parking Ramp Facade
The applicant states that the concept provided for the parking ramp facade by ESG Architects and
DLC Residential in the original approval in 2015, which included a vegetated wall, was an artistic
concept that lacked a practical application. Since the wall facing the park is a north-facing wall,
the vegetation would not survive. An attached shadow study demonstrates that the north-facing
wall will be shaded most of the day throughout the year. It has been challenging for vegetated
walls to survive in this climate even when installed on south-facing wall. In order to meet the
intent of ESG's original concept, the applicant has proposed that a mural be painted instead. The
mural painting provided in the attached renderings is conceptual in nature at this time. Staff is
comfortable with a mural, but has requested that the applicant provide an outline for a process
to determine the final design with the involvement of community members. The applicant and
staff have outlined the following timeline:
Proposed Mural Design Process
Date Milestone
Golden Valley and St. Louis Park Planning staff meet with Ryan Companies
September 2016 and artist Kada Goalen to discuss overall timeline, the execution process,
and plans for community input
October 2016 First meeting with community members to review precedence images and
provide input to artist and landscape architects on the design direction
November 2016 Second meeting with community members to show 2 to 3 concept
alternatives
January 2017 Third meeting with community members to discuss enhanced final concept
Projected date that office building and parking ramp would receive
January 2018 Certificate of Occupancy; prior to the issuance of this certificate, a letter of
credit or cash deposit must be submitted to the City of Golden Valley for
the cost of the mural installation
Spring 2018 Mural installation would begin when weather permits
Spring 2018 Community Engagement Day with artist Kada Goalen and community
members
Summer 2018 Mural installation completed and applicant's deposit released by City
Staff recommends that a committee to represent the community be formed for this process and
be comprised of the following stakeholders, which is consistent with the process used in St. Louis
Park:
• One member from the Golden Valley Community Foundation, which hosts the annual
Golden Valley Arts & Music Festival
• One Planning Commissioner
• Two residents of the South Tyrol/Kennedy Addition neighborhood of Golden Valley
• One St. Louis Park resident
• Property Owners Ryan Companies and Excelsior Group
• City Planning Staff of Golden Valley and St. Louis Park
Parking
According to the original approval of the Central Park West PUD in 2015, the applicant is required
to provide 1,173 parking spaces in the first phase of the parking ramp. The applicant plans to
provide 1,214 spaces in the parking ramp and 5 additional spaces near the entrance of the office
building on an interior street. The applicant is required under a permanent easement agreement
to provide 110 spaces for overflow hotel parking.
When the parking ramp on Outlot A is completed, the hotel must be assigned 110 spaces. Until
the parking ramp is constructed, the owner of Outlot A will provide 110 spaces in the
HealthPartners parking lot, as required in the easement agreement. The owner of the
HealthPartners parking lot is confident that there is adequate parking capacity on the
HealthPartners lot to accommodate this arrangement. Staff has added a condition of approval
that gives staff the ability to require signage or striping within the parking ramp at a future date if
there are complaints that the overflow hotel parking is not available or convenient. All hotel
employees will park in the surface lot currently used by HealthPartners in order to maximize
convenience for guests. The hotel owner is confident that the parking spaces on the hotel site will
be adequate based upon the history of guest vehicle needs at their other hotel locations, but will
monitor guest usage for issues. If usage is higher than expected, the applicant will provide a valet
service that is stationed at the front door of the hotel.
Bicycle and Pedestrian Facilities
Staff finds that the proposed site and building design demonstrate a commitment to a bicycle and
pedestrian friendly environment. The applicant has provided sidewalks throughout the
development (consistent with the original approval), a ground level design with many large
windows and doorways, a cafe facing the park, showers and locker rooms for office tenants, and
bicycle parking both indoors and outdoors. The City of Golden Valley requires a minimum of 59
parking spaces for the proposed office building while the St. Louis Park requires 118 spaces. The
applicant plans to provide 126 spaces.
During the application process for the original Central Park West PUD plan, it was brought to
staff's attention that Wayzata Boulevard, particularly east of Highway 100 and west of France
Avenue, should be studied for bicycle and pedestrian improvements and traffic calming
opportunities. Since then, the Cities of Golden Valley, St. Louis Park, and Minneapolis in
partnership with Hennepin County have initiated a study of the corridor extending from Cedar
Lake Road to Theodore Wirth Parkway. Community meetings with nearby residents were hosted
in March and June to help develop a concept plan and the study is expected to be complete in
late summer 2016.
Traffic
The AUAR was updated as part of the original approval of this PUD and this plan is consistent with
the development scenario in that traffic study. As part of the original approval, the applicant, DLC
Residential, was required to fund improvements to the intersection of Wayzata Boulevard and
Quentin Avenue east of the development. An additional turn lane and all-way stop signs will be
constructed in 2016.
Building Materials
The office building would consist primarily of brick and glass. The building also includes
architectural precast spandrel panels (see attached renderings). Elevations are provided in the
application that exceed the minimum material requirements set forth in St. Louis Park City Code,
which requires that at least 60%of each side of the building must be comprised of class I
materials. The parking ramp would consist primarily of precast concrete with a grey finish and a
mural would be painted on the north side as well as a portion of the east and west sides facing
the park.
Tree & Landscaping Requirements
The applicant plans to plant 72 new trees and 256 shrubs along the perimeter of the office
building, parking ramp, and the street connecting the parking ramp to Utica Avenue. This is an
increase from the plantings planned in the original approval of the PUD. The City Forester will
review the Tree and Landscape plans in more detail during the permitting process and a Tree and
Landscape Permit will be required before construction begins. The applicant must submit a
financial security that will be held by the City for one growing season.
Lighting & Signage
The applicant has submitted a lighting plan that is sensitive to the visibility of the top level of the
parking ramp from residents living to the east of Highway 100. The office building would have
two signs mounted near the top of the building indicating which anchor tenant is located in the
building (tenant yet to be announced). Additional signage will be located on the ground floor to
advertise the retail space, which is likely to be a cafe. Signage details are shown on the attached
architectural plans.
Energy Efficiency
The applicant states that the office building would meet Leadership in Energy and Environmental
Design (LEED) Silver standards under the Core and Shell category. The building would also comply
with the City of St. Louis Park Green Building Policy.
Engineering
The Engineering Division addressed traffic management, access and circulation, sanitary sewer and
water services, and stormwater management with the review and approval of the original PUD in
spring 2015. This submission is consistent with the original plan, so Engineering staff is
recommending approval of this PUD amendment.
Fire Safety
The Fire Departments from both cities reviewed the original PUD plan and this submission together
and feel that the plans adequately address fire truck access, water supply, and location of fire
hydrants. The Fire Departments will continue to review the fire suppression systems for the
proposed office building and parking ramp during the permitting process.
Development Schedule
The application indicates that Ryan Companies intends to apply for building permits for this
project upon receiving zoning approvals. If approval is received, construction would commence in
fall 2016 and tenants could occupy the building as early as January 2, 2018. The construction of
the parking ramp is anticipated to be complete one month prior to building occupancy.
Findings for Approval
In order approve an amendment to a PUD, the City must be able to make the following findings:
1. Quality Site Planning. The PUD plan is tailored to the specific characteristics of the site,
such as the proximity to high retaining walls and highway traffic to the north and east and
high-density development to the south and west. With flexibility under a PUD in uses
allowed, setbacks, height, parking requirements, number of buildings on a lot, and similar
requirements, the quality of site planning and design is of higher quality than if each parcel
was designed individually under conventional provisions. The PUD encourages creativity
and flexibility in land development.
2. Preservation. The site is currently vacant and is mostly impervious. The proposed plan adds
approximately 72 new trees and 256 shrubs to the site.
3. Efficient& Effective. The PUD plan includes efficient and effective use of the land. The PUD
plan provides an appropriate area of the city for an 11-story office building and 7-level
parking ramp.
4. Compatibility. The PUD Plan results in development compatible with adjacent uses and is
consistent with the Comprehensive Plan and redevelopment plans and goals. High-density
office, commercial, and residential uses surround the site to the south and west. Low-
density residential uses are separated from this proposed PUD site by significant highway
development. The PUD plan increases the Class A office space available to the 1-394
corridor, which is a desirable location with many major employers.
5. General Health.The PUD plan is consistent with preserving and improving the general
health, safety and general welfare of the people of the City. The PUD plan promotes
pedestrian and bicycle activity and provides high-quality landscaping additions to the site.
6. Meets Requirements. The PUD plan meets the PUD Intent and Purpose provision and all
other PUD ordinance provisions. The PUD provision permits flexibility from other provisions
in Chapter 11 of the City Code. This flexibility is permitted in order to promote the intent
and purpose of the PUD section of the City Code.
Recommendation
Staff recommends approval of Amendment#2 to Central Park West PUD No. 121, subject to the
following conditions:
1. The plans prepared by Ryan Companies submitted on June 28, 2016, shall become a part of
this approval.
2. The recommendations and requirements outlined in the memo from the Engineering
Division to Jason Zimmerman, Planning Manager, July 11, 2016, shall become a part of this
approval.
3. The recommendations and requirements outlined in the memo from the Fire Department
to Jason Zimmerman, Planning Manager,July 1, 2016, shall become a part of this approval.
4. The City of St. Louis Park approves that portion of the Planned Unit Development within its
jurisdiction.
5. The east-west driveway located along the south side of the proposed office and ramp
property (Lot 2) must be modified to include only one-way access in the westward
direction. The driveway must be 20 feet in width and include the appropriate curb tapers,
signage, and pavement markings.
6. The property owners of any parcel in the Central Park West PUD shall adhere to the Travel
Demand Management Plan approved for the West End Redevelopment, which will serve to
reduce traffic congestion. The applicant shall provide an update to the Travel Demand
Management Plan and must receive staff approval prior to the issuance of a building
permit. The owner may be required to update the plan or submit a new plan to the Golden
Valley and St. Louis Park 1-394 Joint Task Force in the future as needed.
7. If there are complaints from hotel users or the hotel owner, located on Lot 3 of PUD 121,
that overflow parking in the parking ramp is not convenient or available, the City reserves
the right to require that up to 110 parking spaces be signed and/or striped to designate
hotel parking.
8. The applicant shall dedicate easements for public use of certain sidewalks and trails located
within the City of Golden Valley, both inside and outside the Linear Park, in a form
acceptable to the City Attorney.
9. Because the attached PUD Plan includes final design plans for only Phase 1 of the Office and
Parking Ramp, the applicant or future property owner must submit an application for a
Major PUD Amendment, and receive approval therefor, when final design plans for Phase 2
of the Office and Parking Ramp are prepared, prior to issuance of any building permits for
Phase 2 of the Office and Parking Ramp.
10. The applicant shall submit a letter of credit or cash deposit to the City of Golden Valley for
the cost of the proposed mural installation on the parking ramp fagade.
11. The applicant shall engage community members in the design process for the mural
proposed for the parking ramp fagade, in a process that is acceptable to the City Manager
or his/her designee.
12. The applicant shall pay all required fees and costs incurred by the City related to the review
and processing of the application, including legal and professional consulting costs.
13. This approval is subject to all other state, federal, and local ordinances, regulations, or laws
with authority over this development.
Attachments
Location Map (1 page)
Applicant Narrative (7 pages)
Memo from the Engineering Division dated July 1, 2016 (2 pages)
Memo from the Fire Department dated July 1, 2016 (1 page)
Neighborhood Meeting Summary (2 pages)
Site Plans prepared by Ryan Companies submitted June 28, 2016 (51 pages)
city 0
golden MEMORANDUM
11 Physical Development
va e� Ph Department y P
763-593-8095/763-593-8109(fax)
Date: July 11, 2016
To: Jason Zimmerman, Planning Manager
From: Jeff Oliver, PE, City Engineer
Eric Eckman, Public Works Specialist
Subject: Central Park West PUD 121 Amendment 2—Plan Review
Engineering staff has reviewed the plans titled 10 West End for the proposed office and parking
ramp in the Central Park West development. The office and parking ramp are located in the
central portion of the PUD immediately south of the Linear Park. The comments contained within
this review are based on the plans submitted to the City on June 28, 2016.
1. Site Plan.The site plan submitted is generally acceptable except for the following
conditions:
a. As a condition of approval, the east-west driveway located along the south side of
the proposed office and ramp property (Lot 2) must be modified to include only
one-way access in the westward direction. The driveway must be 20 feet in width
and include the appropriate curb tapers, signage, and pavement markings. The
narrower access will facilitate safer movements and operation, discourage wrong-
way and cut-through traffic movements to the Lilac Drive frontage road, and
create additional green space.
b. The developer/owner will be required to dedicate a public walkway easement to
the City for the portion of the walkway along the east side of the parking ramp
extending to the south property line of Lot 2.
2. Preliminary Plat. The preliminary plat submitted is acceptable as proposed. Staff will
perform a more detailed review of the proposed final plat once submitted.
3. Tree and Landscape Plan. The applicant submitted a landscape plan that significantly
increases the number of trees and plants currently located on the property and also
proposes a massing of native prairie plantings consistent with city code. The removal of
the driveway segment discussed above may provide an opportunity to plant additional
K:\PUDs\Central Park West\Amendment 2-Office and Parking Ramp-Ryan Excelsior\Engineering Memo-CPW PUD Amendment 2-updated
7.20.16.docx
trees, shrubs and perennials on the property. Engineering and Forestry staff will review
the plan in more detail (plant species and location) at the time of permit application.
Please note, the landscape deposit submitted by the Developer of the original PUD
(Central Park West, LLC) applies only to Phase 1 of the PUD and does not apply to the
Office phase. Therefore, a security deposit will be required with the permit application.
Contact Eric Eckman EEckman@goldenvalleymn.gov to discuss the landscape plan and the
application process.
4. Stormwater Management. As agreed to during the overall PUD process, the City of St.
Louis Park and Minnehaha Creek Watershed District will oversee the review of the
stormwater management plan and coordinate the execution of the stormwater facility
maintenance agreement. The City of Golden Valley requires a separate City stormwater
management permit for erosion and sediment control activities on the portion of the
parcel within Golden Valley. Contact Tom Hoffman at THoffman@goldenvalleymn.gov.
5. Right-of-Way Management. A City Right-of-Way Management Permit is required for all
proposed excavations and obstructions within public rights-of-way and easements located
within the City of Golden Valley. The applicant must install ADA accessible curb ramps at
all street and driveway crossings. Please contact Eric Seaburg at
ESeaburg@goldenvalleymn.gov.
Summary and Recommendations
Engineering staff recommends approval of PUD Amendment 2 for Central Park West subject to
the conditions and comments contained in this review. Approval is also subject to the review and
comments of the City Attorney, other City staff, and other governmental entities such as the City
of St. Louis Park, MCWD, MCES, and MPCA. Please feel free to call me if you have any questions
regarding this matter.
C: Tim Cruikshank, City Manager
Marc Nevinski, Physical Development Director
John Crelly, Fire Chief
Emily Goellner, Associate Planner
Jerry Frevel, Building Official
Bert Tracy, Public Works Maintenance Manager
Al Lundstrom, Park Maintenance Supervisor and City Forester
Joe Hansen, Utilities Supervisor
RJ Kakach, Engineer
Tom Hoffman, Water Resources Technician
K:\PUDs\Central Park West\Amendment 2-Office and Parking Ramp-Ryan Excelsior\Engineering Memo-CPW PUD Amendment 2-updated
7.20.16.doc)f
goldc' 1V"1 MEMORANDUM
valley Fire Department
763-593-8080/763-593-8098 (fax)
Date: July 1, 2016
To: Jason Zimmerman, Planning Manager
Emily Goellner, Associate Planner
Lisa Wittman, Administrative Assistant
From: Rick Hammerschmidt, Deputy Fire Chief
Subject: Major PUD Amendment#2—Central Park West
The Golden Valley Fire Department has reviewed the information provided for the Major PUD
Amendment#2 for Central Park West project, specifically the parking ramp.
Once plans are submitted we will review them to assure all Minnesota State Fire Codes,
Building Codes, and NFPA Codes are achieved.
SUMMARY AND RECOMMENDATIONS
Based on the information provided and the comments above, the Golden Valley Fire
Department finds the proposed PUD for the parking ramp at this property acceptable.
If you have any questions, please contact me at the following, 763-593-8080 or
rhammerschmidt@goldenvalleymn.gov
Page 1 of 1
10 West End — St. Louis Park/Golden Valley MN
Project Narrative
6/20/2016 (updated 6/28/2016)
DEVELOPMENT SUMMARY:
The requested Preliminary and Final Planned Unit Development (PUD) proposes to construct an
11- story office building and a 1,214 stall parking ramp. The brick and glass office building is
oriented along the east/west axis at the northern edge of the site, and is directly connected to
the parking ramp to the east. Vehicular access to the site is off of Utica Avenue and Lilac Drive
(Private), which are to be connected via an internal private road that serves the site. The
development includes property in both St. Louis Park and Golden Valley.
Background: The proposed development site is located east of Utica Avenue and is known as
Central Park West. It is 13.48 acres in size, and the eastern 6 acres of the site are in the City of
Golden Valley. Central Park West, LLC owns the north half and is currently constructing two 6-
story multi-family residential buildings and a 6-story limited service hotel.
The Excelsior Group has acquired the south 7.30+/- acres of Central Park West, which is Phase
4 and 5 of the overall development. This site is mostly vacant land with some surface parking
lots. Phase 4 (1" phase of office) of the development will be the 11-story office building
proposed in this PUD application. Phase 5 (2"d phase of office) will include a second office
tower with an expansion to the Phase 4 parking ramp.
There have been several planning and infrastructure studies for the development. This
proposed project, "10 West End" is very consistent with the previous planning efforts. The
office building and parking ramp are slightly smaller than the development plans and therefore
are within the utility demands and traffic study assumptions.
10 West End will provide enough office space to house at least 1,500 workers. This addition to
the workforce will add to the already vibrant population of the West End neighborhood.
Limited ground floor retail has been planned to open up to the building lobby as well as the
adjacent park, providing active ground floor use that will benefit the building tenants,
neighbors, and the general public. Bike and pedestrian activity will be encouraged with
extensive landscaping, outdoor patios and bike parking both inside and out. 10 West End is a
next generation office development, threading a creative workplace into a vibrant community
through thoughtful architecture and site design.
PLAT
The project site is currently designated as an outlot. The package includes a Preliminary and
Final Plat. The intent is to split the outlot into two lots. The northern lot will be made into Lot
2, Blockl Central Park West P.U.D. 121 that will be used for the first phase office building and
parking ramp. The south lot will remain an outlot and will be used for a future office building
and parking ramp expansion. The north property line will be revised to allow for a parking
ramp to be constructed. In doing so, the DLC residential park lot to the north will also be re-
platted.
Lot 1 Block 1 (The Park) 3.45 Acres (After lot line revision)
Proposed Office Lot 3.54 Acres
Remaining Outlot 3.76 Acres
Total Area 7.30 Acres
Easements: The Preliminary Plat provides drainage and utility easements that are 10 feet wide
adjacent to public streets. The previous developer has applied for a subdivision variance to
provide no easements along the interior lot lines of Lot 2, Block 1 Central Park West P.U.D. 121
and the remaining Outlot A.
OFFICE BUILDING
The office building is oriented along the east/west axis along the northern edge of the property.
The exterior materials of the building are primarily brick and glass, with architectural precast
spandrel panels linking glass elements on every other floor. A glass vertical element is
intentionally located off-center on the building to allow for a wide-open lobby connecting the
plaza to the park, while maintaining a centered vertical circulation core. It also allows for a
direct relationship with a future building to the south, which is to be north/south oriented. The
11th floor is all glass and includes a large outdoor space on the east end with views toward the
east, north, and south. Balconies are also included on the other office floors, alternating
between the east and west ends of the building. A roof expression caps 10 West End with a
dramatic cantilever and an upper level outdoor terrace. Brick arches and an inset window
expression soften the base, adding character to the pedestrian experience.
PARKING RAMP DESIGN
The parking ramp is a three-bay wide design with vertical vehicular circulation occurring in the
center bay. The proposed parking ramp is 7-levels with the potential to expand another level in
the future to match the 8-level ramp in the existing PUD. The fagades on all four sides are flat,
and clad with integral color architectural precast. On the north fagade, as well as portions of
the east and west, an artistic mural will enhance the experience of the park, as well as the view
to the project from Highway 100. We are aware of the importance of the design of the North
portion and NE/NW corners of the parking ramp as a gateway to Central Park West and the
West End project overall. We have also discussed that some of the initial concept images of a
"green wall" that were part of the Golden Valley Plan Commission approval were very artistic in
nature, but not constructible or sustainable as planted elements. The closest application we
could find that could accomplish a green wall similar to the proposed conceptual rendering is
called LIVEWALL. This system is a wall of plants that are grown in hundreds of trays mounted to
tracks attached to the wall. There are very few installations located in Minnesota none that are
exterior; so few that Bachman's nursery stopped offering this system a few years ago. Growing
a green wall like this is difficult in this climate; there is a high risk of plants freezing and
potentially dying. In smaller installations the plants are actually transported from the hanging
trays into the ground during winter months. Another limitation is the plant selection for an
area of the building that is in 100 percent shade for the majority of the time. Plants that grow
in shade generally do not produce vibrant colors as shown in the rendering and may not
provide visual interest in the fall and winter months.
In order to capture the design intent of the original approvals, we have decided, and staff has
supported the allocation of a significant budget to a mural installation on that section of the
ramp along with supported ground level landscaping on a now larger Central Park West
area. Finally, we feel that a community input process will help make this gateway entrance an
impactful, unique, and cohesive element to the overall project.
Background: We are aware of the importance of the design of the North portion and NE/NW
corners of the parking ramp as a gateway to Central Park West and the West End project
overall. We have also discussed that some of the initial concept images of a "green wall" that
were part of the Golden Valley Plan Commission approval were very artistic in nature, but not
constructible or sustainable as planted elements. In order to capture the design intent of the
original approvals, we have decided, and staff has supported the allocation of a significant
budget to a mural installation on that section of the ramp along with supported ground level
landscaping on a now larger Central Park West area. Finally, we feel that a community input
process will help make this gateway entrance an impactful, unique, and cohesive element to
the overall project.
Execusion: In order to move this project forward, we are proposing to engage Kada Goalen, a
local muralist that we have recently engaged on a large installation in St. Paul. (Her website is
here: http://www.artfuleciectic.com/). I've also attached a couple of photos of her large
installation at the Vintage in St. Paul. (One of the images is from our community painting
day.) We've had initial conversations with Kada about this project and she has agreed to be on
board to support us through community engagement, concept development, and mural
installation. Kada would work with Ryan's landscape architecture team to make sure that
ground level landscape is planned in a cohesive way to the mural installation. It would be great
to have Emily serve as the primary liaison for the Golden Valley community in support of this
part of the project. I would assume that Nicole could serve for support from the SLP side.
Working Milestone Schedule: Here is a proposed schedule of key milestone and events.
1) July 2016— Meeting with both City staff to talk about the overall timeline, execution
process, and community input plans.
2) August 2016— Initial community engagement meeting to review precedence images and
provide input as to design direction.
3) Sept. 2016—Second community Meeting to show 2-3 concept alternatives.
4) Oct. 2016— Final community meeting to show enhanced final concept.
5) Assuming project holds current schedule, ramp would be constructed and will get C of 0
in December 2017/January 2018. 10 West End team posts surety for cost of mural
installation to take place in Spring.
6) Spring 2018—When weather permits, design installation would begin.
7) Spring 2018—Community Engagement Day—would be some interactive participation in
an event around mural and/or landscape
8) Summer 2018— Mural installation complete. Surety is released.
DEVELOPMENT LANDSCAPING
The proposed office building is 339,210 square feet (sf), based on the city office landscape code
the required number of trees is 340 and 2,036 shrubs. The intent of the Central Park West
development is to maximize the density of the area. The required tree and shrub count is
unrealistic with the amount of open space available. The current landscape plan shows 72
trees and 256 shrubs, which is an increase from the original Preliminary PUD for the site.
Alternate landscape features incorporated in our plan include: a rain garden, outdoor plazas,
an outdoor retail patio, rooftop landscaping, public back racks and public art on the parking
ramp. The design north of the building compliments the park and carries some of the landscape
nomenclature to the building edge. Bike racks have been provided externally and internal to
the building, with clear circulation patterns from the park. Benches and other site amenities
will be installed to provide a comfortable experience for the retail users and building occupants.
The south side of the building is dominated by a linear plaza that connects the parking ramp to
the front door. The plaza is comprised of a combination of hardscape, planting beds and
benches to welcome users to the building. Site landscape lighting will provide safe circulation
around the building in evening hours. DORA Designed Outdoor Recreation Area requirement is
12% of the site area; we have 24.5%when including the linear park to the north.
DEVELOPMENT STORMWATER MANAGEMENT
Stormwater management practices are important for managing runoff and cleaning the
water before it enters the storm sewer that leads to our ponds, rivers, and lakes. The
development will meet the requirements setup by the City and Watershed. There are pre-
determined release rates, volume, and water quality requirements for the site based on the
Master Planning Storm Water document completed by Kimley Horn in the fall of 2014. The
project will have an underground storm water management system similar to the residential
phases. The system will capture some of the initial stormwater runoff to use for the
irrigation. The remaining water will be infiltrated or slowly released into the storm sewer.
DEVELOPMENT UTILITIES
The utilities for the development has been planned and reviewed three times with the 2007
AUAR, 2013 AUAR updates, and the October Central Park West 2014 Preliminary Plat and PUD
submittal. The total office potential in these reports was 706,706 sf. The proposed office for
Phase 4 is less than half of the office square footage at 339,210 sf.
There is adequate capacity for sanitary in a full buildout scenario. There is an existing 8" stub
on Utica Avenue for the both office buildings. This line will be extended to the ramp and the
future phase office building.
There is a 10" water main stub within Utica Avenue that will provide water to the site. There is
adequate water main capacity for this phase of the development. The previous development
PUD noted the water demand may slightly exceed the City's threshold of 90% capacity of the
system for the full buildout scenario. The sustainability designs for each phase will likely lower
the water main demands for the development, but further investigation will be needed prior to
the last phase of the development.
Gas, power and communications utility mains are in Utica Avenue to serve the site.
FIRE PROTECTION
In order to design the sprinkler system, a new flow test may be required to be performed. The
fire protection plans and calculations for permitting will be provided to the City of St. Louis Park
and paid for by the sprinkler contractor. For the office tower, the building is classified as high
rise construction. As such, special consideration is required per NFPA 13, 2010 with regard to
the overall design parameters. The system will require a fire pump and standpipes in all egress
stairs (NFPA 13, 2010 and NFPA 14, 2010). The fire pump must be capable of providing 100 psi
at the top of the standpipe system at the rated flow of 750 gpm (for two stairwells) in
accordance with high rise design standards. The fire pump will be rated at approximately 750
gpm at 75-100 psi depending on the final water capacity of the city supply. Wet systems will be
provided on all floors and zoned by floor with areas not to exceed 52,000 sf per system on a
single level. The shell building design will allow for future flexibility and occupancy type. The
parking structure will be provided with a dry manual standpipe system at atmospheric pressure
(not a pressurized system), designed to non-high rise standards in accordance with NFPA 14,
2010. The system will be manually operated and hose valves and standpipes will be located as
required by the authority having jurisdiction, usually 100'-0 of hose plus an assumed stream
distance factor. This distance is applied as a radius of coverage and determines the allowable
locations of the standpipe system as a whole. The parking standpipe system will be
independent of the office building structure and fire pump system.
DEVELOPMENT SIGNAGE
St. Louis Park sign code for a building greater than 100,000 sf allows 500 sf of signage. The
office building will have two signs mounted near the top of the building totaling 400 sf. We also
plan to have a 100 sf monument sign near the entrance off Utica. An additional retail sign is
shown on the architectural plans. This sign will be no more than 7% of the fagade of the retail
space.
For more information refer the signage section in the architectural drawings.
PEDESTRIAN CONNECTIONS AND TRAILS
An emphasis will be placed on pedestrian connections within the development. This will
promote a walkable, bike-friendly development that will activate the street fronts.
The office building will have facilities dedicated to bike commuters. Bicycle parking inside the
building will provide space for about 108 bikes. There will also be shower facilities for 0.5% of
the FTE (Full Time Equivalent) employees.
For bike commuters there are several off site bike ways including the North Cedar Lake Regional
Trail that runs from West End to Downtown Minneapolis. Once on site there are clear bike
lanes that pass through the park and connect to the proposed bike racks. 18 total racks are
provided split between the front and back of the building.
Two bus lines, Routes#9 and #649 run along Wayzata Blvd and Utica Ave S. The#649 bus runs
from St. Louis Park/Golden Valley to downtown Minneapolis. The #9 bus runs from
Minnetonka, through St. Louis Park and downtown Minneapolis continuing to south
Minneapolis. These bus routes pick up and drop off several times a day. There are 9 bus stops
within a % mile of the proposed office buildings front entrance. A Park and Ride facility is
located at Park Place and 1-394 less than % mile from the proposed office building. Route #604
along with #9 and #649 service the park and ride. Route #604 runs within St. Louis Park from 1-
394 down too Excelsior Blvd.
The office will tie into an established sidewalk system connected to the larger West End
development; creating an inviting walk for residents/employees of the area.
TRAFFIC
There was an AUAR done in 2007, with updates in 2013 and an updated traffic analysis done by
Kimley Horn in October of 2014. Their update shows that adequate levels of service standards
can be met as defined by the City Zoning Administrator. The AUAR completed for the overall
West End Redevelopment and the AUAR review of the proposed uses demonstrates that the
traffic generated from this development can be accommodated by the transportation system
and provide an acceptable level of service for the full buildout scenario.
Once again, the proposed project is slightly under the anticipated square footage for Phase 4
and therefore the project should be within the assumptions made in the previous traffic
studies.
Parking:
Per Institute of Transportation Engineers (ITE) Parking Generation Manual (3rd addition), the
peak demand for an Office Building (Land Use 701) would be:
2.84 stalls per 1,000 sf(Gross Square Foot Area)
Therefore anticipated Peak Parking Demand for this building is:
2.84 stalls x 332,530 sf/ 1,000 sf= 945 Stalls
Based on the peak parking demand from ITE and our history with market demand for similar
facilities, we feel the existing PUD parking requirement for office of 3.5 stalls per 1,000 sf is
adequate. We are requesting to keep the same minimum office parking ratio for phase 4 and 5
of the development. The 332,530 sf building would require to 1,164 stalls on site.
The proposed ramp has approximately 1,214 parking stalls. There are 5 parallel parking stalls
along the internal drive to bring the total parking stalls count to 1,219.
The ramp should be able to accommodate the 110 stalls for non-office hours parking for the
hotel.
We are also providing 126 bike racks to promote sustainable modes of transportation.
SUSTAINABILITY
The office building will register the project with the USGBC and design towards a Leadership in
Energy and Environmental Design (LEED) Core and Shell Silver rated building. Any requirements
outside of LEED that the St. Louis Park Green Building Policy require will also be incorporated
into the project. The project team is looking into creative ways to deal with stormwater
management and exploring high efficient building wall system options. The project will also
take advantage of bike transit and other mass transit opportunities.
Neighborhood Meeting—May 11,2016
Summary of Questions and Answers Regarding Application for 10 West End Office Development
1. What are traffic mitigation strategies related to volume on Utica Avenue and Wayzata
Boulevard?
10 West End, has been designed in conformance with the Development Agreement for West End
dated May 17, 2010. This phase is approximately 335,000 sf of the 710,000 sf that is currently
approved in the Agreement. The infrastructure that has been or will be constructed for the overall
project is pursuant to the guidance from the AUAR dated October 30, 2014 and approved by City
Councils on April 6 and April 7, 2015. This infrastructure is sufficient to support this development.
In addition to the new infrastructure, the development team indicated that the project's bike
focus, including direct access from the Cedar Lake Trail into Central Park and the project's Vt floor
bike room and adjacent locker/shower facilities,will encourage tenants to commute by bike. Staff
noted pending improvements to bus transit within the West End district, new stop signs and
lighting at the Hwy. 100 underpass, and the significant Hwy. 100 roadway improvements
(scheduled for fall 2016 completion),as items intended to mitigate traffic concerns for the nearby
residents. The development team will also implement the items specified in the February 2015
Travel Demand Management Plan, including a TDM friendly design and programs to promote
walking, biking, transit use, and car/vanpooling.
2. What are the plans relative to tenant signage on the proposed Phase I office building?
The development team indicated that the total amount of signage that is permissible by ordinance
is limited. That being said, prospective tenants will be interested in securing signage in this
prominent and desirable location. Signage will likely be offered to the largest, highest quality
tenant(s) as a means to secure their occupancy. All signage will be tasteful and commensurate in
quality with the design of the building.
3. How many parking stalls are planned?
There are approximately 1,200 parking stalls planned for Phase I in the attached parking structure.
Existing surface parking on the south side of the building will provide some additional parking.
4. What are the plans for screening on the parking structure?
The initial concept for the development contemplates an undefined "green wall" on the north
end of the parking structure. The development team noted that the orientation of the parking
structure has been shifted modestly (the north end is rotated slightly to the east), offering the
following benefits: additional green space is added to the park,a more welcoming pedestrian and
bike entrance will be created on the east end of the park, and the parking structure is moved
further away from the new apartment building under construction on the north side of the park.
As a result of this modification, the development team has suggested that it may be more
impactful if the "green wall" is moved to the west side of the portion of the ramp that is visible
from the park. The development team is committed to working with staff from both cities to
create the desired feel around Central Park West.
5. What is the anticipated timing for this project?
The development team plans to apply for final approval of Phase I with the Cities of Golden Valley
and St. Louis Park this summer. Construction is expected to commence in late 2016 or spring
2017. Construction for each Phase is expected to take 15 months. Phase I completion is
anticipated to occur in 2018. Phase II is contemplated sometime between 2020 and 2022.
6. What is the anticipated tenant mix for this project?
The development team is just starting to market the project to prospective tenants. This is an
exciting opportunity in the market, especially in light of the fact that no new multi-tenant office
building has been constructed in the 1-394 corridor in 16 years. It is unclear as to whether one
large company will lease the entire Phase I building, or if the building will be occupied by multiple
tenants.
7. Who is responsible for maintenance of the park area?
DLC has agreed to maintain the park. All adjacent properties pay into the park's maintenance
fund.
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ER OSION CONTROL NOTES:
1. ALL PERIMETER SILT FENCE AND ROCK CONSTRUCTION ENTRANCES SHALL BE
92YAN INSTALLED PRIOR EESEQUENCING.
� EO ENC C
2 THE GRADING CONTRACTOR CATCHBASIN EROSION CONTROL '
MEASURES. BUILDING LASTING RELATIONSHIPS
S. INITIATED IMMEDIATELY AND COMPLETED WITHIN 14 DAYS OF SITE GRADING,ALL
_ x > DISTURBED AREAS SHALL BE STABILIZED WITH SEED,SOD,EROSION CONTROL
BLANKET,OR ROCK BASE. REFER TO LANDSCAPE PLANS FOR MATERIALS.
- a. ALL EROSION CONTROL MEASURES SHALL BE INSTALLED AND MAINTAINED IN
ACCORDANCE WITH CITY AND STATE PERMITS AS REQUIRED, RYAN A+E,INC.
of rj I - 5. THE GRADING CONTRACTOR SHALL MAINTAIN ALL EROSION CONTROL MEASURES, 50 South Tenth S—,Suite 300
o INCLUDING THE REMOVAL OF ACCUMULATED SILT IN FRONT OF SILT FENCES Minneapolis,MN 55403-2012
DURING THE DURATION OF THE CONSTRUCTION.
612492-4000 tel
6 ANY EXCESS SEDIMENT IN PROPOSED BASINS SHALL BE REMOVED BY THE 612492-3000 fn,
GRADING CONTRACTOR.
]. REMOVE ALL EROSION CONTROL MEASURES AFTER VEGETATION IS ESTABLISHED. WWW,RYANCOMPANIES.COM
8, THE GRADING CONTRACTOR SHALL REMOVE ALL SOILS AND SEDIMENT TRACKED
ONTO EXISTING STREETS AND PAVED AREAS,
PROJECT NM¢
9. IF BLOWING DUST BECOMES A NUISANCE.THE GRADING CONTRACTOR SHALL
APPLY WATER FROM A TANK TRUCK TO ALL CONSTRUCTION AREAS, 10 WEST END
10. SWEEP ADJACENT STREETS IN ACCORDANCE WITH CITY REQUIREMENTS.
11. CONTRACTOR TO CLEAN OUT INFILTRATION BASINS,PONDS,CATCH BASINS,AND
- I STORMSEWER SYSTEM AT THE END OF THE PROJECT.
I 12. REFER TO SWPPP NARRATIVE FOR ADDITIONAL REQUIREMENTS.
i. _ -__ _ - _ -.- � -_ ...._ _ LOCATION
13. OUANTRIES REFER TO INITIAL INSTALLED QUANTITIES.CONTRACTOR IS ST.LOUIS PARK AND
RESPONSIBLE TO MAINTAIN AND/OR REPLACE BMPS AS NEEDED.
n _
GOLDEN VALLEY
W _ SILT FENCE I
INLET
PROTECTIONS Q - - ESTIMATED QUANTITIES
�-
H SILT FENCE(LF) 710
M -
_- - ROCK CONSTRUCTION ENTRANCE(SF) 1100
INLET PROTECTION(EACH) 11
to -883— uLt— ----883 — BlaacEROSION CONTROL BLANKET(SF) 0
M _ s
BIOROLL(LF) 650
SLT FENCE SILT FENCE Q I CITY SUBMITTAL
3 I 6.20.2016
,Q ISSUE RECORD
-- PROPOSED II-STORY OFFICE ssuea DATE DESCRIPTION
a
J-J,SF
ARCH 100'=FFE 885.75' 2 - -
I -
PROPOSED 7-LEVEL RAMP
If -
8
2 — — —
INLET — —
ROCK PROTECTIONS _ { —
CONSTRUCTION = _ _
ENTRANCE �ass� " LEGEND:
-y� x
EXISTING PROPOSED
Y BIOLOGS \_ 830-� MAJOR CONTOUR
O - \ 1 f�1 MINOR CONTOUR
FF - - STORM ER PIPE
SEW \N �]
y
STORM I INLET
O III) �v� STORM MANHOLE P1150 0CG���N
81�OGS ' n J STORM CLEANOUT
INLET _`
ROCK 1� ONE-POINT PERCENT GRADE C \v
PROTECn ONS INLET \ !� _ - - CONSTRUCTION '� lJO
PROTECTIONS � INLET ENTRANCEJ.1 TWO-POINT PERCENT GRADE
PROTECTIONS SLOPE RATIO 6/20/2016 9:26:06 AM
\_ CONSTRUCTION LIMITS [hereby cemf}char chis plvl,specification,
`r- SILT FENCE rn rcpon Was pr,pacd by me-wdn my
wI dont supervisbn and rhat 1-a duly
ROCK CONSTRUCTION ENTRANCE 1._c d Pmfenion I Enfjnccr wd,the
I O lass of<h<Snte of Minnesan.
INLET PROTECTION
n
BIOI I EROSION CONTROL BLANKET
l\ _ OCS
0° I _ /
D I JARED OfSON
0
REGISTUTION
NO. DATE
42340 6/2012016
— --r EROSION
I CONTROL PLAN
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SHEET NO.
C200
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O SCALE IN
DRAW RY CHEc10:D RY
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JOB NO. DATE
SITE NOTES:
I NT_
T R MUST FI VERIFY THELOCATIONS
CONDI5. WOULD INCLUDE
LSIN
GUMUTIANDTCPOGRAPHI �
I ES HE CONTRACTORSMLLALL
ITH �
DISCREPANCIES OR VARIATIONS FROM HE PLANS.
II ARE
-r ,. ♦ -. - ........ q' - `1 11 2 AVEMENT.ALL SOR TO OPR PERTY LNEE�UNLESS 0 HERWISE NO EDE OF CURB,FACE OF LDING.EDGE OF
1 J
3. PARKING STALLS TO BE 4•WHITE STRIPING PER MNOOT SPECS.
RYAN AIE,INC.
} i� I _ ISI 50 Soulh TXnlh SIme4 SMi.300
'�.• _ j II II' PROPOSED MiwncaJrolb,MN 3503-2012+ I: 612.492-1000 wi
r u v I 612.497,3000 fu
NIRI
ZONG D 9v
r �
TOTAL AREA 154,218 SF WW.RYANCOMPAMFS.COM
.I \
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_-.._ PERVIOUS AREA 30.323$F
.J I IMPERVIOUS AREA 123.895 SFV9oJSIN NAME
_ - 10 WEST END
_ --- /h — PERCENT IMPERVIOUS 80.3F
;` •� �`'.-71 I ',:,' <_- _ ___ _ BUIUDNG SETBACK EXISTING PROPOSED(PHASE 4)
.- - _- r. _ F -tel
- 1•- ^ - T WITH!!!��^ f FRONT YARD NONE PUD pcATION
it }
1601 UTICA AVENUES,
,Ir } �.',1'!y r ��,(i SIDE YARD NONE rA1H PUD e' ST.LOUIS PARK,MN
H L ■■ L_
- ,_1•• r,;. /I'�" •ttI I REAR YARDNaNE WITH PUD To• 55416
w e L
Z
MAXIMUM BUILDING HEIGHT=20 STORIES OR 240•
..-� > PHASE 142
Q �I LANDSCAPE AREA BSER. 10.01 ,II
STEPS(5) E: \� 1•I I�� ) EXISTING-REMOVED PROPOSED
_ _ I r I: \\\ t9.fi \� /� �'� I ••Y 8.0• 1� i REG.PARKING STALLS 144 1079
\\ STE
PS(4))
Jr. HANDICAP PARKING 2 23
AOPE0 SIDEWALK
Irk l..., e�L esaL '26'i-- COMPACT CAR PARKING 0 112
it II I I' y),0••' - 4 - GENERATOR PEDESTRIAN RAMP ENTRANCE EXTERIOR PARALLEL 0 5
TOTAL CAR PARKING 146 12t9
I' 10 BIKE
CANOPY EDGE RACK
0.9 S RAMP " BIKE PARKING OUTSIDE 0 18 =___
CANOPY EDGE BIKE PARKING INSIDE 0 108
` TOTAL BIKE PARKING 0 126
700
%ISUNC PLO PROPOSED PARKINGCE REQUIREMENT 3.5/1000 ISSUER ISSUE RECORD
RATE DESCRIPTION
PROPOSED 11-STORY OFFICE r
a EXISTING PUD PHASE 4 HAS AN 8 LEVEL PARKING MMP.
.E ]9.lmt3F U' OUR PROPOSED RAMP IS 7 LEVELS WTH THE OPTION TO _ -
]RAet707asE z ADD ANOTHER LEVEL IN HE MLIRE-
BICYCLE PARKING= 1OZ OF THE REO'D VEHICLE PARKING - -
SEE LANDSCAPE PLANS FOR PLAZA DESIGN
PROPOSED 7-LEVEL RAMP
CANOPY EDGE LOADING DOCK v,aea SF In —
} I t• n1299t rorAL vW ' 0
I `� I II II I II f 8 BICE RACKS TOTAL PARKING STALLS -
LEGEND:
1� i' '„I' _ - 5 PARALLEL a1� .• O L./ � - - -
PARKING$TALL$` s
53.4 -. _ EXISTING PgOP05E0
ARYRAMP ENTRANCE - - -
I '') II .• - - -- -. . IRORMER PAD r S PROPERTY BOUNDARY
VI
158 N -. _ LINE - - -
BSB -BSBL� �1
1 ------ LOT/TRACT
I CURB - -
I .o'BseL�Bmf .• , .zo:D• ' --
a EASEMENT
6.0, BITUMINOUS
HUw Dun BTDUIrIDus
240' 1 9.0CONCRETE
0•. 230' q� \
I �I Imo— RAMP ENTRANCE :' ^�
76. BLOCK RETAINING WAll
19.5• I I 9.0' 'WLR 12.7•I 6.0' r < 4 STREET LIGHT I T BOCSIG ?� \O�`o�\ON
24.T I BOLLARD N �c7 •(`
II 1 I \ NI • PROPERTY CORNER �A[��
ti +i N
1
STRIPE 3 NEW PARKING STALLS v I I I B 9- �• m I O ® DECIDUOUS TREE
3_0'WOEACCE55 EASEMENT 0 CONIFEROUS REE
Vo
B BUIDNG SETBACK UNE 7202
018
1:29:54 PM
•
- `- 6 EXISTING PARKING STALLS TO REI/AIN 1i� � -
0.0 II PARKING SETBACK LINE
I j I I DO NOT ENTER1 INmby eeD;q INN m;.plm.
I ' I (RS-I)SIUTI I __,.y—r,. _ or nyon va.pnpMed by me or under my
1 I EXISTING PARKING TEMPORARY ADA ROUE di P` dY 11.vdul
II 1 9NMINWS CURB rpemeon.n y
FLAG POLE L<_d Pm6-9 Erg+ncer=nder dm
-J t 'I TRUNCATED DOME
A
II CURB STOP Mw of the 3Dtt of NLnnewn.
BENCHMARK
fi ; � I � IttBENCHMARK
JARED OLSON
E%ISIMC ACCESS EASEMENT \ I
MST
RED T- r RE DATE
42300 7202016
n
PLAN
fy ,• I II I' I' I EXISTING PARKING SI1L'i PLN
t I I
EXISTING PARKING M — N
If
BY CNEC[
ED T'
, SCALP IN FLS TJR E
-
No DATE
O on
700270 7/102016
•
RYAN
RYAN A+E,INC.
- - - • 50 South Tenth Sneet,Suis 300
Minneapolis,MN 55403-2012
612.4924000 tel
612-4923000f-
UTICAAVENUE S - -
W W W.RYANCOMPANIES.COM
a_ 10 WEST END
PHASE 2
- - iRESIDENTIA,
yc AP
_ LOf TION
— ST.LOUIS PARK AND
PHASE 5 GOLDEN VALLEY
-. (OFFICE PHASE 2) .I.
PHASE 4
(OFFICE PHASE 1)
_. Z
E%ISTING HEAL'H
PARTNERS NTURE STORMWATER S
MANAGEMENT D
CITY SUBMITTAL
CITY OF ST.LOUIS PARK _ -
- 20 2010
CITY OF GOLDEN VALLEY
0
ISSUE RECORD
ria ISSUE C DATE DESCRIPTION
PHASE 5
;RAMP PHASE 2)
PHASE 4
(RAMP PHASE 1) — — —
All
EI(gC DRIVESIEXIS =,:.,. ... . .' A♦
TUVG PRIVA
TE ROAD) - 'w P
P�Np FSG\pN
srArE - �Z GoNs-�Fi
80
NO.Zoo
6I2012016 9:52:34 AM
SCALE IN FEET I JI 6Y P—fy shn dus plan,4-6—
.1 report aas'.Pm by m<Pc—de mY
dines superosion and dns 1 am a dWy
Lic<med Pndessi�nil Enguaa wrier rht
lavas of rhe Svm o!W nneson.
SITE NOTES: LEGEND:
I. CONTRACTOR MUST FIELD VERIFY THE LOCATIONS ANO ELEVATIONS OF EXISTING PROPOSED
CONDITIONS. THIS WOULD INCLUDE ALL EXISDNG UTILITIES AND TOPOGRAPHIC —— PROPERTY BOUNDARY JAREDOLSON
FEATURES. THE CONTRACTOR SHALL IMMEDIATELY NOTIFY THE ENGINEER OF ANY
DISCREPANCIES OR VARIATIONS FROM THE PIANS, LOT/TRACT UNE
2, ALL DIMENSIONS SHOWN ARE TO FACE OF CURB.FACE OF BUILDING,EDGE OF �� CURB REG TSTRA—
• PAVEMENT.OR TO PROPERTY LINE UNLESS OTHERWISE NOTED. _ ........ EASEMENT NO. DAlS
3. PARKING STALLS TO BE 4'WHITE STRIPING PER MNDOT SPECS. BITUMINOUS 42340 6/2012016
HEAVY DUTY BITUMINOUS ?•sx...aa..x
D CONCRETE
BLOCK RETAINING WALL SHPcr TI'TIJ?
T STREET LIGHT SITE PLAN -
SIGN T BOLLARD FIIN{�A��L PHASING
• PROPERTY CORNER P'�'++
F ® DECIDUOUS TREE
CONIFEROUS TREE
—�
— — — BUILDING SETBACK LINE
PARKING SETBACK LINE SHETR No.
AOA ROUTE
—r 4 ` FLAG POLE C301
TRUNCATED DOME
CURB STOP
DAA—BY CHECXED BY
x
BENCHMARK TJR JBO
JOB NO. DATE
GRADING NOTES:
I. susco
WHOSE WORK REQUIRES EXCAVATION SHALL CONTACT NORTH
GOPHER 0 ETORCALL WITHIN TWO WORKING DAYS PRIOR TO EXCAVATION/ RYAN
CONSTRUCTION.FOR UTILITY LOCATIONS. HE/SHE SHALL REPAIR OR RE LACE
DAMAGED UTILITIES DURING CONSTRUCTON AT NO COST TO OWNER OR GENERAL BUILDING LASTING RELATIONSHIPS
Li_a,J _.._ .. _._. _ 1 CONTRACTOR.
2. EXISTING TOPOGRAPHY PER SAMBATEK SURVEY DATED 09/10/2014.
3. SUBCONTRACTOR SHALL FIELD VERIFY THE LDCATONS AND ELEVATIONS OF EXISTING
II _ UTILRIES AND TOPOGRAPHIC FEATURES PRIOR TO START OF SITE GRADING. THE
N
CONTRACTOR SHALL IMMEDIATELY NOTIFY THE PROTECT ENGINEER OF ANY
DISCREPANCIES OR VARIATIONS, RYAN A+E,INC.
7-A, 6. 5 rTABLE GRADING MATERIAL SHALL CONSIST OF ALL SOIL ENCOUNTERED ON THE 50 S-th Tenth Su-t,Suite 300
1 C SITE WITH EXCEPTION OF TOPSOIL,DEBRIS,ORGANIC MATERIAL AND OTHER MinnevpPMBs MN 55403-2012
UNSTABLE MATERIAL AS DIRECTED BY THE GEOTECHNICAL ENGINEER.STOCKPILE 612-4924000.1
bTOPSOIL AND GRANULAR FILL AT LOCATIONS DIRECTED BY GENERAL CONTRACTOR, 61292-3000 Eu
- --"-- --- --- O 5. SUBGRADE EXCAVATION SHALL BE BACKFILLED IMMEDIATELY AFTER EXCAVATION TO
a ..a
HELP OFFSET ANY STABILITY PROBLEMS DUE TO WATER SEEPAGE OR STEEP
I� SLOPES. WHEN PLACING NEW SURFACE MATERIAL ADJACENT TO EXISTING VVWW.RYANCOMPANIES.COM
-- \ PAVEMENT,THE EXCAVATION SHALL BE BACKFILLED PROMPTLY TO AVOID
UNDERMINING OF THE EXISTING PAVEMENT.
SII 6. CONTRACTOR SHALL BE RESPONSIBLE FOR ALL HORRONTAL AND VERTICAL CONTROL. rRO3ECT NAME
1 �p7L'J 1�cT T
PROPOSED GRADES SHOWN ARE FINISHED GRADES. 10 W ENL
8. ALL EXCESS,AND OT ERU UNSTABLE
SURFACING,CONCRETE ITEMS,ANY ABANDONED
UTILITY ITEMS,AND OTHER UNSTABLE MATERIALS SHALL BECOME THE tt OF
- THE SUBCONTRACTOR AND SHALL BE DISPOSED OFF THE CONSTRUCTION
ON SITESITE.
_ -� -- - 9. THE MINIMUM GRADED SLOPE FROM EDGE OF BUILDING SHALL BE 2 PERCENT
J UNLESS OTHERWISE NOTED. t_pUTtpry
- - - - w - - 10. FLOOR p GROUND AND 500 ELEVATION ADJACENT TO BUILDING SHALL BE 6"BELOW ST.LOUIS PARK AND
FLOOR ELEVATION UNLESS OTHERWISE NOTED. GOLDEN VALLEY
11. EARTHWORK 8 PAVING CONTRACTORS ARE RESPON51BLE FOR GRADING AND SLOPING
W _ THE FINISHED GROUND SURFACE TO PROVIDE SMOOTH k UNIFORM SLOPES,WHICH
t. PROVIDE POSITIVE DRAINAGE AWAY FROM BUILDINGS AND PREVENT PONDING IN
Z . LOWER AREAS, ANY DERIVATION FROM PLANS SHALL BE APPROVED BY THE
W I PROJECT ENGINEER_
882\� 12. GRADING BEHIND CURBS SHALL START AT THE TOP OF CURB.
13. VERIFY THAT EXISTING UTILITIES HAVE ADEQUATE COVER TO MEET PROVIDER
_ STEPS(5) _ I REQUIREMENTS IN AREAS OF GRADE REVISIONS-
_ - SEE LANDSCAPE PLANS - 14. CONTRACTORS TO FOLLOW XCEL SAFETY GUIDEUNES INSIDE EASEMENT AREAS
- STEPS(<) I. - RAMP 'FOR DETAILS
-i 15. RESHAPINGPOND TO BE COMPLETED WITHOUT PENNING. IF DEWATERING IS
883322 '-. - - - -- ----- I DESIRED,SUBCONTRACTOR TO PULL APPROPRIATE PERMITS AND COORDINATE WITH
MATCH E%ISTING B83 -- -883 __ I ENGINEER FOR NPDES REQUIREMENTS.
-- 883.482
MATCH EXISTING 16. ALL RETAINING WALLS GREATER THAN FOUR FEET i0 BE DESIGNED BY A
STRUCTURAL ENGINEER. WALLS TO MATCH EXISTING. IF OWNER APPROVES
MODULAR BLOCK CONSTRUCTION,WALL SHALL BE DESIGNED By A LICENSED
` C:885.75 DESIGNER AND APPROVED BY GEOTECHNICAL ENGINEER.
C.B85.75 RAMP O I IT REMOVE SEDIMENT FROM EXISTING STORM SEWER IF PRESENT, CITY SUBMITTAL
620.2016
884.32±
MATCH EXISTING I C66 W
ISSUE RECORD
ea4.11±�.� PROPOSED 11-STORY OFFICE IssuEW DATE DESCRIPTION
MATCH EXISTING Q
Ja.B00t SF (7
ARCH I00'=FFE 885.75' 2
I
EXISTING h SMALL I
I ununes . PROPOSED 7-LEVEL RAMP GLA
79.77 - - -
N.BBOx SF
C:885.75 GL8B0.49
'C`882.62
C:885.75
1 0 ci
BB5.21i GL:880.89
( MATCH EXISn NG ~�- .y 4yJ
1 'I GLO552B_- -_..-_ -CLBB4.7B- - _ - 7 GL:880.32 i
p;-T LEGEND: - - -
GL:8B5.53 .p GL:884.78 N
GIL 54 EXISTING PROPOSED
MAIOR CONTOUR - - -
GL:884.35- -\GLA83.78 m 1 Bat MINOR CONTOUR
8
8
6.38± \ GL:88� GL:883.15 STORM SEWER PIPE
MATCH EXISTING - f ! _-__ k GL883.33 GL:883.69 C�
GL883.58 - DSTORM INLET RAINTILE\�G�L�883.a,ryn :
\\N OF-
.(
\O\A
STORM MANHOLE OG1_881.65881.65 STORM CLEANOUT 1VF-
GLM3.13
NONE-POINT PERCENT GRADE O
V� J TWO-POINT PERCENT GRADE O
SLOPE RATIO 62d2016 9:59:04 AM
E,882.2. -4.4 .. CUT/FILL DEPTH I h-by6 shat This
I P:B3p.a2 PAVEMENT ELEVATION ofdisryoaaasspa dIhyame or dmy
� aea supervision and I am a 4duly
` GL882.49 GAM.10 CONCRETE ELEVATION U-.d Pmfe+s Enginetr under she
o I - lays of rh<Sntt of Minnesoo
LL:B]0.62 CUTTER UNE ELEVATION
' tt:B30.62 TOP OF CURB ELEVATION
i l
- � GL:882.72Tc�GLB30.62 TOP OF CURB=GUTTER LINE
/
1 'BBb.e2 TOP OF WALL ELEVATION
o / BA:BJR.
152 BOTTOM OF WALL ELEVATION JAREDOISON
6:M.62 GROUND ELEVATION
NATURAL GROUND RBGIRTMTON
3
-10 FINISHED FLOOR ELEVATION NO. DALE
- I 42340 6/20/2016
I RM-62 STRUCTURE RIM ELEVATION rna+.....c
SOIL BORING
BENCHMARK
J SNEE71'RIB
a GRADING PLAN
s �
0
sxffer ND.
8 C400
0 3t1 60
SCALE® DRAWN BY CHBCKEn By
TJR JBO
JOB NO. DATE
- . -
;- -
-T 1. PRIOR TO CONSTRUCTION,SUBCONTRACTORS WHOSE WORK REWIRES EXCAVATIONvvYAN
Fl n n H T
f
SHOWN.DANY DISCREPANCY BETWEEN PLANS AND LOCATIONS
DOCO 0 0 SSSHALL BE
= '--1 .A� _ -_ - - ----- __�.-_ .. - REPORTS TO THE OWNER IMMEDIATELY. BUILDING LASTING RELATIONSHIPS
-� C t--a 2. THE UTILITYTH
CONTRACTOR SHALL VERIFY THE LOCATIONS AND ELEVATIONS OF E
BUILDING PIPE SYSTEM PRIOR TO CONSTRUCTING SERVICE CONNECTIONS.
3, ALLUTIUW WORK SHALL BE PERFORMED IN ACCORDANCE WITH THE CITY OF ST.
LOUIS PARK SPECIFICATIONS AND°UILDING PERMIT REQUIREMENTS_
4, UTILITY TRENCHES SHALL BE COMPACTED IN ACCORDANCE WITH GUIDEUNES RYAN A+E,INC.
G F S PROVIDED BY GEOTECHNICAL ENGINEER.
SO South Tcnth Sveet,Seim 300
T m 5. CONNECTION TO THE EXISTING SANITARY SEWER AND WATER REQUIRES INSPECTION MjnneapoBs,MN 5540}7Al2
t - Id `d - BY THE LfiY OF Si.LOUIS PARK. 612-092000 rd
- _ D r, 6. FIELD ADJUST ALL CASRNGS TO MATCH FINAL GRADES. 612492-3000(ax
' ]. THE EXISTING BITUMINOUS PAVEMENT SHALL BE SAWCUT IN ACCORDANCE WITH
MNDOT SPECIFICATIONS. WWW.RYANCOMPANIES.COM
i 8. THE UTILITY CONTRACTOR WILL BE RESPONSIBLE FOR OBTAINING THE APPROPRIATE
_. SEWER,WATER AND PLUMBING PERMITS FROM THE CRY'S BUILDING DEPARTMENT.
mJJEO:T�NAIO:
�e4 9. GENERAL CONTRACTOR SHALL COORDINATE WORK WITH ALL UnUTY COMPANIES. IO WEST END
_ 4 _ ST.LOUIS PARK AND
GOLDEN VALLEY
N
z LEGEND:
UJy EXISTING PROPOSED
W If - STORM SEWER PIPE
..#2 1
R-1733-R
Q ae' -. ---.
Q Rw.mJ.x9 - -
Nv(51=97J]O DRNNTILE
STORM INLET
O STORM MANHOLE
• STORM CLEANOUT
SANITARY SEWER PIPE
S e SANITARY SEWER MANHOLE
__ _ RNERMTpI
- • SANITARY SEWER CLEANOUT
WATER MAIN
Ie'-21'RCR O O.SOe \ r
♦ T
HYDRAN
CITY SUBMITTAL
H GATE VALVE
I (5)-e73.79 Q
(N)-en.]s • WATER MANHOLE 6 202016
• FIRE DEPARTMENT CONNECTION
W
4'O ESPC D ECTM Q FIRE SPRINKLER
TO,rtRE_ ISSUE RECORD
, NATURAL GAS ISSUE K DATE DESCRIPTION
- ---- PROPOSED 11-STORY OFFICE a EOG--- ELECTRIC UNDERGROUND
STI«0- 10.900}SF -1.ROOF ORMN V' FUG— FIBER OPTIC UNDERGROUND
Rb'R-I7]]-R iN-9]5.06
'I TM�T n Wmeoe E SdMTMRv CONNEC I� TELEPHONE UNDERGROUND - - -
CONNECTIONS TO Nv(S)-e71.0
E.—YMTETMMN �Nv M)-e7.0 w'-IY Pvc•I.00: ---. CABLE UNDERGROUND
u'-e•Pvc a 9sox ` - - -
rDc CKTTNNTss4«pOt n�«oR,4N PROPOSED 7-LEVEL RAMP ■ TRANSFORMER - - -
sTpldaemtcr - .
CONNECT TD SNeTMRv SRI. e7)7 iNA(A�-9m.77 a1'-6'«OK O 6.SOx 31.9ept Sf W O GENERATOR
RW-emwl LRTERN R4ET/I
Nv(E)-mS.65 w(N)-e7•.n m—IN PMO 4F • LIGHT POLES - - -
. O Z • CAS VALVE
as_I.OTOaN u j • GAS METER_4 ruc
-- -- -- - - - --v.p]n - - NeSIERN R �7 • FIBER OPTIC MANHOLE - - -
— EU ls 27 x) J =
W BLE MANHOLE
S
wMIEA O10'� CA
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_SM«/20• 1—TEd WTIET AAAI-116]01 I e TELEPHONE MANHOLE
111.71
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Nv(s)-e7•.1, xo'-.e'«oPE a o.sox sIDR4TEw asn:an \ wP
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0
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BUILDING LASTING RELATIONSHIPS
X1 I I
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-� SO S..h T_d,So 'SPi.300
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ISSUE*I J.4TC I DESCRIPTION
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,
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-ISI 11 Kt1:I.I IIA IIUN
CITY REQUIREMENTS I _�•./ _ `_y 46100 &20/2016
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EXCELSIOR
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ORDINANCE NO. 609, 2ND SERIES
AN ORDINANCE AMENDING THE CITY CODE
Approval of Major PUD Amendment Plan
Central Park West P.U.D. No. 121, Amendment #2
Ryan Companies US, Inc., Applicant
The City Council for the City of Golden Valley hereby ordains as follows:
Section 1. City Code Chapter 11 entitled “Land Use Regulations (Zoning)” is
amended in Section 11.10, Subd. 2, and Section 11.55, by approving a Major PUD
Amendment Plan to Planned Unit Development (P.U.D.) 121 thereby allowing the
construction of an 11-story office building and a 7-level, 1,214 stall parking ramp on the
border of Louis Park and Golden Valley.
This PUD is subject to all of the terms of the permit to be issued including, but not
limited to the following specific conditions:
1. The plans prepared by Ryan Companies submitted on June 28, 2016, shall become a
part of this approval.
2. The recommendations and requirements outlined in the memo from the Engineering
Division to Jason Zimmerman, Planning Manager, July 11, 2016, shall become a part
of this approval.
3. The recommendations and requirements outlined in the memo from the Fire
Department to Jason Zimmerman, Planning Manager, July 1, 2016, shall become a
part of this approval.
4. The City of St. Louis Park approves that portion of the Planned Unit Development
within its jurisdiction.
5. The east-west driveway located along the south side of the proposed office and ramp
property (Lot 2) must be modified to include only one-way access in the westward
direction. The driveway must be 20 feet in width and include the appropriate curb
tapers, signage, and pavement markings.
6. The property owners of any parcel in the Central Park West PUD shall adhere to the
Travel Demand Management Plan approved for the West End Redevelopment, which
will serve to reduce traffic congestion. The applicant shall provide an update to the
Travel Demand Management Plan and must receive staff approval prior to the
issuance of a building permit. Based on the monitoring of traffic conditions, the owner
will be required to update the plan or submit a new plan to the Golden Valley and St.
Louis Park I-394 Joint Task Force in the future as needed.
7. If there are complaints from hotel users or the hotel owner, located on Lot 3 of PUD
121, that overflow parking in the parking ramp is not convenient or available, the City
reserves the right to require that up to 110 parking spaces be signed and/or striped to
designate hotel parking.
8. The applicant shall dedicate easements for public use of certain sidewalks and trails
located within the City of Golden Valley, both inside and outside the Linear Park, in a
form acceptable to the City Attorney.
9. Because the attached PUD Plan includes final design plans for only Phase 1 of the
Office and Parking Ramp, the applicant or future property owner must submit an
application for a Major PUD Amendment, and receive approval therefor, when final
Ordinance 609 -2- August 16, 2016
design plans for Phase 2 of the Office and Parking Ramp are prepared, prior to
issuance of any building permits for Phase 2 of the Office and Parking Ramp.
10. The applicant shall submit a letter of credit or cash deposit to the City of Golden Valley
for the cost of the proposed public art installation on the parking ramp façade.
11. The applicant shall engage community members in the design process for the public
art proposed for the parking ramp façade, in a process that is acceptable to the City
Manager or his/her designee.
12. The applicant shall pay all required fees and costs incurred by the City related to the
review and processing of the application, including legal and professional consulting
costs.
13. This approval is subject to all other state, federal, and local ordinances, regulations, or
laws with authority over this development.
In addition the Council makes the following findings pursuant to City Code Section
11.55, Subd. 6(Q):
1.Quality Site Planning. The PUD plan is tailored to the specific characteristics of the
site, such as the proximity to high retaining walls and highway traffic to the north and
east and high-density development to the south and west. With flexibility under a PUD
in uses allowed, setbacks, height, parking requirements, number of buildings on a lot,
and similar requirements, the quality of site planning and design is of higher quality
than if each parcel was designed individually under conventional provisions. The PUD
encourages creativity and flexibility in land development.
2.Preservation. The site is currently vacant and is mostly impervious. The proposed
plan adds approximately 72 new trees and 256 shrubs to the site.
3.Efficient & Effective. The PUD plan includes efficient and effective use of the land.
The PUD plan provides an appropriate area of the city for an 11-story office building
and 7-level parking ramp.
4.Compatibility.The PUD Plan results in development compatible with adjacent uses
and is consistent with the Comprehensive Plan and redevelopment plans and goals.
High-density office, commercial, and residential uses surround the site to the south
and west. Low-density residential uses are separated from this proposed PUD site by
significant highway development. The PUD plan increases the Class A office space
available to the I-394 corridor, which is a desirable location with many major
employers.
5.General Health.The PUD plan is consistent with preserving and improving the
general health, safety and general welfare of the people of the City. The PUD plan
promotes pedestrian and bicycle activity and provides high-quality landscaping
additions to the site.
6.Meets Requirements.The PUD plan meets the PUD Intent and Purpose provision
and all other PUD ordinance provisions. The PUD provision permits flexibility from
other provisions in Chapter 11 of the City Code. This flexibility is permitted in order to
promote the intent and purpose of the PUD section of the City Code.
Section 2. The tracts of land affected by this ordinance is legally described as
follows:
Ordinance 609 -3- August 16, 2016
Those parts of Central Park West P.U.D. No. 121 lying within the land to be
described as Lot 2, Block 1, Central Park West P.U.D. No. 121 Second Addition, as
shown on the proposed plat for Central Park West P.U.D. No. 121 Second Addition
on file with the City.
Section 3. City Code Chapter 1 entitled “General Provisions and Definitions
Applicable to the Entire City Code Including Penalty for Violation” and Sec. 11.99 entitled
“Violation a Misdemeanor” are hereby adopted in their entirety, by reference, as though
repeated verbatim herein.
Section 4. This ordinance shall take effect from and after its passage and publication
as required by law.
Adopted by the City Council this 16th day of August, 2016.
_____________________________
Shepard M. Harris, Mayor
ATTEST:
_____________________________
Kristine A. Luedke, City Clerk
city of
go 1 d e nvl' MEMORANDUM
valley Development Department
ey Ph Ysical DeveloP P
J 763-593-8095/763-593-8109(fax)
Executive Summary For Action
Golden Valley City Council Meeting
August 16, 2016
Agenda Item
4. B. Public Hearing-Amending Section 11.04 Temporary Uses regarding the prohibition of
Temporary Family Health Care Dwellings.
Prepared By
Emily Goellner, Associate Planner/Grant Writer
Summary
In May 2016, Governor Dayton signed a bill creating a new process for landowners to place a
temporary health care dwelling on their property, which is defined as a temporary structure for
anyone requiring assistance for mental or physical impairments located on the same property as
their caregiver. Local governments must allow temporary health care dwellings unless an
ordinance is adopted that specifically prohibits it. If City Council does not take action to prohibit
temporary health care dwellings, then City staff must be prepared to accept applications as well as
establish a permit fee by September 1, 2016. City staff from the Inspections, Planning, Engineering,
Fire, and Management divisions have discussed the potential benefits and concerns in permitting
this type of housing in Golden Valley. Staff has determined that temporary dwellings are not well-
suited for Golden Valley. Many other cities in the Twin Cities region plan to opt-out prior to the
September 1 deadline. For several reasons noted in the memorandum to Planning Commission
dated July 25, 2016 (see attached), staff is recommending that the City Council prohibit temporary
family health care dwellings in the City of Golden Valley.
Attachments
• Memo to Planning Commission dated July 25, 2016 (2 pages)
• Unapproved Planning Commission Minutes dated July 25, 2016 (2 pages)
• League of Minnesota Cities Publication "Temporary Family Health Care Dwellings of 2016" (6
pages)
• Underlined/Overstruck Version of Section 11.04: Temporary Uses (3 pages)
• Ordinance#610, Amending Section 11.04 Temporary Uses regarding the prohibition of Temporary
Family Health Care Dwellings (1 page)
Recommended Action
Motion to adopt Ordinance #610-Amending Section 11.04 Temporary Uses regarding the
prohibition of Temporary Family Health Care Dwellings.
t
Physical Development ?'
��� ,P �. W�, � � Ph y p ent Department
763-593-8095 /763-593-8109 (fax)
Date: July 25, 2016
To: Golden Valley Planning Commission
From: Emily Goellner, Associate Planner/Grant Writer
Subject: Zoning Code Text Amendment —Temporary Family Health Care Dwellings
Summary
In the May 2016, Governor Dayton signed into law a bill creating a new process for landowners to
place a temporary health care dwelling on their property. Temporary health care dwellings are
defined as transitional housing for anyone requiring assistance for mental or physical
impairments to live on the same property as their caregiver, but in a temporary structure on the
lot. This type of temporary housing is characterized as no larger than 300 square feet, not
attached to a permanent foundation, assembly of the structure would occur primarily on site and
connected to water and electricity through the principal dwelling on the lot or by other
comparable means, made of durable materials, meet accessibility standards, and able to be
removed or transported by a one-ton truck. This generally includes modular and manufactured
housing as well as recreational vehicles.
Local governments must allow temporary health care dwellings unless an ordinance is adopted
that specifically prohibits it. According to state statute, if City Council does not take action to
prohibit temporary health care dwellings, then City staff must be prepared to accept applications
as well as establish a permit fee by September 1, 2016. All applications received must be
reviewed and approved/denied within 15 days of the submittal of an application. Public hearings
would not be required for approval. Permits would be valid for six months with the option to
renewal.
City staff from the Inspections, Planning, Engineering, and Management divisions have discussed
the potential benefits and concerns in permitting this type of housing in Golden Valley. Staff has
determined that temporary dwellings are not well-suited for Golden Valley. While this could
provide low-cost temporary housing, staff feels that the potential negative impacts outweigh the
benefits. The concerns stated by staff include:
• This legislation was created to accommodate more rural areas of Minnesota, where yards
are typically larger to accommodate additional structures. The dwelling must comply with
all setback requirements and there is limited area for this on lots in Golden Valley. Space
would also be limited in the winter when off-street parking is not permitted on many
streets in the city.
• Electrical connection to the temporary dwelling would likely be made from the principal
structure, which would be visible to residents because it would not be located
underground. There are concerns of whether this utility connections would meet health
and safety standards.
• The temporary structure would require access to a septic service or connection to the City
sewer system, as well as an underground water connection, which is cost prohibitive.
• The temporary health care dwelling would likely be a visual nuisance to adjacent
residents. Excessive noise could also be an issue if a generator is used to provide
electricity to the structure.
• There are no requirements to provide a working smoke detector or carbon monoxide
alarm for recreational vehicles, which would likely be used for this purpose.
• The resident of the temporary dwelling may choose to use liquefied petroleum gas as a
fuel source for cooking, which raises safety concerns for the Fire Department.
• There are concerns that if the temporary family health care dwelling were to catch fire,
the close proximity to other structures could impact the principle structure on the lot or
on neighboring properties.
• Temporary dwellings are not consistent with the intent and purpose of the Low Density
Residential District in the Comprehensive Plan and Zoning Code.
For these reasons, staff is recommending that the City Council prohibit temporary family health
care dwellings in the City of Golden Valley.
Recommendation
Staff recommends approval of the amendment to Section 11.04 of the Zoning Code prohibiting
Temporary Family Health Care Dwellings.
Attachments
League of Minnesota Cities Publication "Temporary Family Health Care Dwellings of 2016" (6 pages)
Underlined/Overstruck Version of Section 11.04: Temporary Uses (3 pages)
Minutes of the Golden Valley Planning Commission
July 25, 2016
Page 7
issuance of a building permit. Based the monitoring of traffic conditions, the
ner will be required to update the p n or submit a new plan to the Golden Valley
an t. Louis Park 1-394 Joint Task F ce in the future as needed.
7. If ther e complaints from hotel use or the hotel owner, located of 3 of PUD
121, that low parking in the park i g ramp is not convenien available, the City
reserves the r to require that up t 110 parking spaces igned and/or striped
to designate hot e king.
8. The applicant shall de ' to easeme s for public of certain sidewalks and trails
located within the City of en Vall , both i ' e and outside the Linear Park, in a
form acceptable to the City A ey.
9. Because the attached PUD Plan i e nal design plans for only Phase 1 of the
Office and Parking Ramp, the applic future property owner must submit an
application for a Major PUD Ame nt, receive approval therefor, when final
design plans for Phase 2 of th . ffic and Par ' Ramp are prepared, prior to
issuance of any building pe its for ase 2 of th ffice and Parking Ramp.
10.The applicant shall sub ' a letter of redit or cash de sit to the City of Golden
Valley for the cost of proposed p lic art installation he parking ramp facade.
11.The applicant shal gage commun members in the desi rocess for the public
art proposed fo a parking ramp fa de, in a process that is a table to the City
Manager or her designee.
12.The appli t shall pay all required f es and costs incurred by the Cit lated to the
review d processing of the applic on, including legal and professiona nsulting
cost
13.T ' approval is subject to all other s te, federal, and local ordinances, regulate
laws with authority over this devel ment.
3. Informal Public Hearing —Zoning Code Text Amendment— Temporary Family
Health Care Dwellings — ZO00-106
Applicant: City of Golden Valley
Purpose: To consider language regarding Temporary Family Health Care
Dwellings.
Goellner explained that a bill was recently passed by the Minnesota Legislature creating
a process for landowners to place temporary health care dwellings on their property.
She explained that a temporary health care dwelling is defined as transitional housing
for those requiring assistance. She said they are typically a modular/manufactured
home or recreational vehicle under 300 square feet in size with no permanent
foundation. She stated that staff is recommending that the City prohibit temporary health
care dwellings in all zoning districts because of the potential negative impacts including..
health and safety issues, the lack of adequate space, and noise and visual nuisance.
She added that communities must opt-out by September 1 or begin allowing these
structures.
Baker asked if any communities are not opting-out. Goellner said the only City she
knows of that is considering allowing these types of dwellings is New Hope, but they will
Minutes of the Golden Valley Planning Commission
July 25, 2016
Page 8
likely opt-out as well. Baker noted that it seems that the League of MN Cities is strongly
recommending opting out. Goellner agreed. Waldhauser stated that some variation
might be acceptable. Goellner stated that there are other solutions available such as
Permanent Accessory Dwelling Units.
Baker asked Goellner if she knows the history of this legislation. Goellner said a
representative from a more rural area proposed this to meet the need for transitional
housing.
Johnson asked how long one of this type of dwelling units could stay on someone's
property. Waldhauser said one year. Goellner said cities could extend that and make
their own rules.
Johnson asked what the setbacks would be. Goellner said they would be the same as
an accessory structure. Waldhauser asked if a temporary dwelling/recreational vehicle
could be on a driveway. Zimmerman stated that a recreational vehicle could be located
on a driveway or in the side or rear yard. Waldhauser said she thinks allowing a small
recreational vehicle on a driveway might not be terrible.
Baker opened the public hearing. Seeing and hearing no one wishing to comment,
Baker closed the public hearing.
Blum stated that based on the materials in the agenda packet this won't provide a
quality, long term solution. He added that they will change the neighborhood character
in a negative way and would not be consistent with the City's plans for residential areas.
Johnson said he is in favor of allowing temporary dwellings. He stated that if the State
said cities should allow this, and if people meet the requirements, the City should give
them the opportunity to take advantage of this legislation.
Baker stated that the City could opt-out of this now and work on an ordinance that would
allow this sort of use in the future. Johnson reiterated that people should be able to take
advantage of the State law. Waldhauser said she doesn't think there would be very
many of these structures, but the speed with which these permits would have to be
granted would not give staff enough time for review. She said she would like more time
to work on a different ordinance in the future.
MOVED by Blum, seconded by Waldhauser and motion carried 4 to 1 to recommend
approval of amending Section 11.04 of the Zoning Code prohibiting Temporary Family
Health Care Dwellings. Commissioner Johnson voted no.
--Short Recess--
ro
L,EAGUEoF CONNECTING & INNOVATING
MINNESOTA SINCE 1913
CITIES
Temporary Family Health Care Dwellings of 2016
Allowing Temporary Structures—What it means for Cities
Introduction:
On May 12, 2016, Governor Dayton signed, into law, a bill creating a new process for landowners
to place mobile residential dwellings on their property to serve as a temporary family health care
dwelling.' Community desire to provide transitional housing for those with mental or physical
impairments and the increased need for short term care for aging family members served as the
catalysts behind the legislature taking on this initiative. The resulting legislation sets forth a short
term care alternative for a"mentally or physically impaired person", by allowing them to stay in a
"temporary dwelling" on a relative's or caregiver's property.2
Where can I read the new law?
Until the state statutes are revised to include bills passed this session, cities can find this new bill at
2016 Laws, Chapter 1 11.
Does the law require cities to follow and implement the new temporary family
health care dwelling law?
Yes, unless a city opts out of the new law or currently allows temporary family health care
dwellings as a permitted use.
Considerations for cities regarding the opt-out?
These new temporary dwellings address an emerging community need to provide more convenient
temporary care. Cities may want to consider the below when analyzing whether or not to opt out:
• The new law alters a city's level of zoning authority for these types of structures.
• While the city's zoning ordinances for accessories or recreational vehicles do not apply,
these structures still must comply with setback requirements.
• A city's zoning and other ordinances, other than its accessory use or recreational vehicle
ordinances, still apply to these structures. Because conflicts may arise between the statute
and a city's local ordinances, cities should confer with their city attorneys to analyze their
current ordinances in light of the new law.
• Although not necessarily a legal issue for the city, it seems worth mentioning that the
permit process does not have the individual with the physical or mental impairment or that
12016 Laws.Chapter 1 11.
z Some cities asked if other states have adopted this type of law. The only states that have a somewhat similar statute
at the time of publication of this FAQ are North Carolina and Virginia. It is worth noting that some states have adopted
Accessory Dwelling Unit(ADU)statutes to allow granny flats,however,these ADU statutes differ from Minnesota's
Temporary Health Care Dwelling law.
145 UNIVERSITY AVE. WEST PHONE:(651)281-1200 FAx:(651)281-1299
ST. PAUL, MN 55103-2044 TOLL FREE:(800)925-1122 WEB:WWW.LMC.ORG
Temporary Family
HealthCare e Dwellin s
June 9, 2016
Page 2
individuals power of attorney sign the permit application or aconsentto releaselease his or her
data.
• The application's data requirements may result in the city possessing and maintaining
nonpublic data governed by the Minnesota Government Data Practices Act.
• The new law sets forth a permitting system for both cities and counties3. Cities should
consider whether there is an interplay between these two statutes.
Do cities need to do anything to have the new law apply in their city?
No,the law goes into effect September 1, 2016 and automatically applies to all cities that do not
opt out or don't already allow temporary family health care dwellings as a permitted use under
their local ordinances. By September 1, 2016, however, cities will need to be prepared to accept
applications, must have determined a permit fee amount' (if the city wants to have an amount
different than the law's default amount), and must be ready to process the permits in accordance
with the short timeline required by the law.
What if a city already allows a temporary family health care dwelling as a
permitted use?
If the city already has designated temporary family health care dwellings as a permitted use, then
the law does not apply and the city follows its own ordinance. The city should consult its city
attorney for any uncertainty about whether structures currently permitted under existing ordinances
qualify as temporary family health care dwellings.
What process should the city follow if it chooses to opt out of this statute?
Cities that wish to opt out of this law must pass an ordinance to do so. The statute does not provide
clear guidance on how to treat this opt-out ordinance. However, since the new law adds section
462.3593 to the land use planning act (Minn. Stat. ch. 462), arguably, it may represent the adoption
or an amendment of a zoning ordinance, triggering the requirements of Minn. Stat. § 462.357,
subd. 2-4, including a public hearing with 10-day published notice. Therefore, cities may want to
err on the side of caution and treat the opt-out ordinance as a zoning provision.5
Does the League have a model ordinance for opting out of this program?
Yes. Link to opt out ordinance here: Temporary FIamily Health Care Dwellings Ordinance
Can cities partially opt out of the temporary family health care dwelling law?
' See Minn. Stat. §394.307
a Cities do have flexibility as to amounts of the permit fee. The law sets,as a default, a fee of$100 for the initial
permit with a$50 renewal fee,but authorizes a city to provide otherwise by ordinance.
s For smaller communities without zoning at all,those cities still need to adopt an opt-out ordinance. In those
instances, it seems less likely that the opt-out ordinance would equate to zoning. Because of the ambiguity of the
statute,cities should consult their city attorneys on how best to approach adoption of the opt-out ordinance for their
communities.
Temporary Family Healthcare Dwellings
June 9, 2016
Page 3
Not likely. The opt-out language of the statute allows a city, by ordinance, to opt out of the
requirements of the law but makes no reference to opting out of parts of the law. If a city wanted a
program different from the one specified in statute, the most conservative approach would be to
opt out of the statute, then adopt an ordinance structured in the manner best suited to the city.
Since the law does not explicitly provide for a partial opt out, cites wanting to just partially opt out
from the statute should consult their city attorney.
Can a city adopt pieces of this program or change the requirements listed in the
statute?
Similar to the answer about partially opting out, the law does not specifically authorize a city to
alter the statutory requirements or adopt only just pieces of the statute. Several cities have asked if
they could add additional criteria, like regulating placement on driveways, specific lot size limits,
or anchoring requirements. As mentioned above, if a city wants a program different from the one
specified in the statute, the most conservative approach would involve opting out of the statute in
its entirety and then adopting an ordinance structured in the manner best suited to the city. Again,
a city should consult its city attorney when considering adopting an altered version of the state
law.
What is required in an application for a temporary family health care dwelling
permit?
The mandatory application requests very specific information including, but not limited to:6
• Name, address, and telephone number of the property owner,the resident of the property
(if different than the owner), and the primary care giver;
• Name of the mentally or physically impaired person;
• Proof of care from a provider network, including respite care,primary care or remote
monitoring;
• Written certification signed by a Minnesota licensed physician, physician assistant or
advanced practice registered nurse that the individual with the mental or physical
impairment needs assistance performing two or more "instrumental activities of daily
life;"7
• An executed contract for septic sewer management or other proof of adequate septic sewer
management;
• An affidavit that the applicant provided notice to adjacent property owners and residents;
• A general site map showing the location of the temporary dwelling and the other structures
on the lot; and
• Compliance with setbacks and maximum floor area requirements of primary structure.
b New Minn. Stat. §462.3593,subd. 3 sets forth all the application criteria.
'This is a term defined in law at Minn. Stat. §256B.0659,subd. 1(i)as"activities to include meal planning and
preparation;basic assistance with paying bills;shopping for food,clothing,and other essential items;performing
household tasks integral to the personal care assistance services;communication by telephone and other media;and
traveling, including to medical appointments and to participate in the community."
Temporary Family HealthCare Dwellings
June 9, 2016
Page 4
The law requires all of the following to sign the application: the primary caregiver, the owner of
the property (on which the temporary dwelling will be located) and the resident of the property (if
not the same as the property owner). However, neither the physically disabled or mentally
impaired individual nor his or her power of attorney signs the application.
Who can host a temporary family health care dwelling?
Placement of a temporary family health care dwelling can only be on the property where a
"caregiver" or"relative" resides. The statute defines caregiver as "an individual, 18 years of age
or older, who: (1)provides care for a mentally or physically impaired person; and (2) is a relative,
legal guardian, or health care agent of the mentally or physically impaired person for whom the
individual is caring." The definition of"relative" includes "a spouse,parent, grandparent, child,
grandchild, sibling, uncle, aunt, nephew or niece of the mentally or physically impaired person.
Relative also includes half, step and in-law relationships."
Is this program just for the elderly?
No. The legislature did not include an age requirement for the mentally or physically impaired
dweller. 8
Who can live in a temporary family health care dwelling and for how long?
The permit for a temporary health care dwelling must name the person eligible to reside in the unit.
The law requires the person residing in the dwelling to qualify as "mentally or physically
impaired," defined as "a person who is a resident of this state and who requires assistance with two
or more instrumental activities of daily living as certified by a physician, a physician assistant, or
an advanced practice registered nurse, licenses to practice in this state." The law specifically
limits the time frame for these temporary dwellings permits to 6 months, with a one-time 6 month
renewal option. Further, there can be only one dwelling per lot and only one dweller who resides
within the temporary dwelling
What structures qualify as temporary family health care dwellings under the new
law?
The specific structural requirements set forth in the law preclude using pop up campers on the
driveway or the "granny flat" with its own foundation as a temporary structure. Qualifying
temporary structures must:
• Primarily be pre-assembled;
• Cannot exceed 300 gross square feet;
• Cannot attach to a permanent foundation;
• Must be universally designed and meet state accessibility standards;
s The law expressly exempts a temporary family health care dwelling from being considered"housing with services
establishment',which, in turn,results in the 55 or older age restriction set forth for"housing with services
establishment'not applying.
Temporary Family HealthCare Dwellings
June 9, 2016
Page 5
• Must provide access to water and electrical utilities (by connecting to principal dwelling or
by other comparable means);
• Must have compatible standard residential construction exterior materials;
• Must have minimum insulation of R-15;
• Must be portable (as defined by statute);
• Must comply with Minnesota Rules chapter 1360 (prefabricated buildings) or 1361
(industrialized/modular buildings), "and contain an Industrialized Buildings Commission
seal and data plate or to American National Standards Institute Code 119.2"10; and
• Must contain a backflow check valve.t I
Does the State Building Code apply to the construction of a temporary family
health care dwelling?
Mostly, no. These structures must meet accessibility standards (which are in the State Building
Code). The primary types of dwellings proposed fall within the classification of recreational
vehicles, to which the State Building Code does not apply. Two other options exist, however, for
these types of dwellings. If these structures represent a pre-fabricated home, the federal building
code requirements for manufactured homes apply (as stated in Minnesota Rules, Chapter 1360). If
these structures are modular homes, on the other hand, they must be constructed consistent with
the State Building Code (as stated in Minnesota Rules, Chapter 1361).
What health, safety and welfare requirements does this new law include?
Aside from the construction requirements of the unit, the temporary family health care dwelling
must be located in an area on the property where "septic services and emergency vehicles can gain
access to the temporary family health care dwelling in a safe and timely manner."
What local ordinances and zoning apply to a temporary health care dwelling?
The new law states that ordinances related to accessory uses and recreational vehicle storage and
parking do not apply to these temporary family health care dwellings. However, unless otherwise
provided, setbacks and other local ordinances, charter provisions, and applicable state laws still
apply. Because conflicts may arise between the statute and one or more of the city's other local
ordinances, cities should confer with their city attorneys to analyze their current ordinances in light
of the new law.
What permit process should cities follow for these permits?
The law creates a new type of expedited permit process. The permit approval process found in
Minn. Stat. § 15.99 generally applies; however, the new law shortens the time frame for which the
local governmental unit has to make a decision on granting the permit. Due to the time sensitive
9 The Legislature did not provide guidance on what represents"other comparable means".
10 ANSI Code 119.2 has been superseded by NFPA 1192. For more information,the American National Standards
Institute website is located at https://www.ansi.ors/.
" New Minn. Stat. §462.3593,subd.2 sets forth all the structure criteria.
Temporary Family HealthCare Dwellings
June 9, 2016
Page 6
nature of issuing a temporary dwelling permit, the city has only 15 days (rather than 60 days) (no
extension is allowed) to either issue or deny a permit. The new law waives the public hearing
requirement and allows the clock to restart if a city deems an application incomplete. If a city
deems an application incomplete, the city must provide the applicant written notice, within five
business days of receipt of the application, telling the requester what information is missing. For
those councils that regularly meet only once a month,the law provides for a 30-day decision.
Can cities collect fees for these permits?
Cities have flexibility as to amounts of the permit fee. The law sets the fee at $100 for the initial
permit with a$50 renewal fee, unless a city provides otherwise by ordinance
Can cities inspect, enforce and ultimately revoke these permits?
Yes, but only if the permit holder violates the requirements of the law. The statute allows for the
city to require the permit holder to provide evidence of compliance and also authorizes the city to
inspect the temporary dwelling at times convenient to the caregiver to determine compliance. The
permit holder then has sixty (60) days from the date of revocation to remove the temporary family
health care dwelling. The law does not address appeals of a revocation.
How should cities handle data it acquires from these permits?
The application data may result in the city possessing and maintaining nonpublic data governed by
the Minnesota Government Data Practices Act. To minimize collection of protected heath data or
other nonpublic data, the city could, for example, request that the required certification of need
simply state "that the person who will reside in the temporary family health care dwelling needs
assistance with two or more instrumental activities of daily living", without including in that
certification data or information about the specific reasons for the assistance, the types of
assistance, the medical conditions or the treatment plans of the person with the mental illness or
physical disability. Because of the complexities surrounding nonpublic data, cities should consult
their city attorneys when drafting a permit application.
Should the city consult its city attorney?
Yes. As with any new law, to determine the potential impact on cities, the League recommends
consulting with your city attorney.
Where can cities get additional information or ask other questions.
For more information, contact Staff Attorney Pamela Whitmore at pwhitmorenlmc.org or LMC
General Counsel Tom Grundhoefer at tgrundholmc.org. If you prefer calling, you can reach
Pamela at 651.281.1224 or Tom at 651.281.1266.
§ 11.04
Section 11.04: Temporary Uses
Subdivision 1. Purpose and Effect
The purpose of this Section is to provide conditions under which certain temporary
uses and events may be allowed while ensuring a minimum negative impact to
neighboring land uses.
Subdivision 2. Authorized Temporary Uses
A. The City Manager or his/her designee may issue a permit for a mobile food
vending operation, defined as a self-contained vehicle or trailer used to
prepare and serve food that is ready movable without disassembling, to
operate for a temporary period not to exceed three (3) days in City Parks or
one hundred twenty (120) days in non-residential zoning districts. The
permit application shall be on a form promulgated by the City Manager or
his/her designee and shall include any information needed to establish
compliance with this Subdivision. Any application shall include the application
fee amount established by the City Council in the master fee schedule, and
such fee shall be not refundable if the permit is denied or the applicant
withdraws or otherwise ceases operation or use of the permit. All mobile food
vending permit applications and permits shall be subject to the following
conditions:
1. With the permit application, the applicant shall provide written proof that
the applicant is the current holder of all license(s) required by Hennepin
County and the State of Minnesota, as applicable, with respect to a mobile
food vending operation in which food is prepared and served on a vehicle
or trailer, and the vendor shall maintain such license(s) in good standing
for the duration of the permit.
2. The vendor shall comply with all other applicable provisions of the City
Code including, but not limited to, those regulations regarding parking,
signage, lighting, and sound.
3. A permit is valid for only one (1) mobile food vending vehicle or trailer.
4. The permitted days of operation shall be set forth in the permit. A vendor
that has obtained a permit under this Subdivision, upon the expiration
thereof, may apply for another permit under this Subdivision.
5. The permit application shall contain a signed statement that the applicant
shall hold harmless the City, and their officers and employees, and shall
indemnify the City, and their officers and employees for any claims for
damage to property or injury to persons which may be occasioned by any
activity carried on under the terms of the permit.
Golden Valley City Code Page 1 of 3
§ 11.04
6. If the application seeks to operate a vending operation in a City-owned
property and/or on the public right-of-way, the application shall include
documentation satisfactory to the City Manager or his/her designee
evidencing the applicant's public liability, food products liability,
automobile liability, and property damage insurance and that the City is
or will be named as an additional insured on such insurance for all the
permitted days of operation. Such insurance shall be maintained without
change for the duration of the permitted days of operation.
7. The permit shall set forth the location(s) where the vending operation
may operate and it shall be a violation of this Section for any vendor to
engage in vending operations in any location in the City other than the
location(s) set forth in the permit.
8. Overnight parking and storage by the vendor is prohibited at the
permitted location(s). The vendor must vacate the permitted location
when not engaging in vending operations. Hours of vending operation are
limited to 8 am to 10 pm unless otherwise limited or extended by the City
Manager or his/her designee, as set forth in the permit.
9. With the permit application, the applicant shall provide written proof
permission from the owner(s) of the property(ies) at the permitted
location(s) to engage in vending operations at those location(s). If the
permitted location is located on City-owned property, the issuance of the
permit by the City shall constitute such permission.
10. The vendor must keep a copy of the permit with the vending unit and
demonstrate compliance with the permit and the permit conditions set
forth in this Subdivision upon inspection.
11. The vending operation may not be located on public right-of-way unless
right-of-way will be closed for an event by the City. The vending operation
may not block sidewalks or drive aisles, impede pedestrian or vehicular
traffic, or interfere with public safety.
12. The vending operation shall be located on an impervious surface unless
unique circumstances cause the City Manager or his/her designee to
permit the operation to be located on a pervious surface.
13. No vending operation may occupy accessible parking spaces or parking
spaces used to fulfill any property's minimum parking requirements under
this Code, unless the applicable property owner can demonstrate that
parking would be adequately supplied during the vending operations.
14. The vendor must provide and remove trash and recycling receptacles for
customer use and keep the site in a neat and orderly fashion. The
permitted location(s) must be kept free from litter, refuse, debris, junk or
Golden Valley City Code Page 2 of 3
§ 11.04
other waste which results in offensive odors or unsightly conditions. The
vendor shall be responsible for all litter and garbage left by customers.
15. No vending operation may be located within two hundred (200) feet at its
closest point to the main entrance of a public eating establishment or any
outdoor dining area with the exception of other mobile food vendors and
except with the written consent of the proprietor of the establishment or
dining area. No person shall either pay or accept payment for such written
consent. With the permit application, the applicant shall provide written
permission from the proprietor when applicable.
16. No vending operation may be located within one thousand (1,000) feet at
its closest point to a school while the school is in session unless written
permission from the school principal is provided in the permit application.
With the permit application, the applicant shall provide written permission
from the principal when applicable.
17. If while holding a permit granted under this Subdivision, a vendor violates
any provision of this Subdivision, in addition to any other remedy
provided under this Code, the City Manager or his/her designee may
revoke the permit and/or prohibit such vendor from obtaining a new
permit under this Subdivision for a period not exceeding thirty (30) days
from the date of such violation.
Source: Ordinance No. 562, 2nd Series
Effective Date: 07-30-15
Source: Ordinance No. 601, 2nd Series
Effective Date: 06-07-16
Subdivision 3. Prohibited Temporary Uses
A. Temporary Family Health Care Dwellings, as defined in State Statute, are
prohibited in all Zoning Districts
Golden Valley City Code Page 3 of 3
ORDINANCE NO. 610, 2ND SERIES
AN ORDINANCE AMENDING THE CITY CODE
Amending Section 11.04: Temporary Uses,
Prohibiting Temporary Family Health Care Dwellings
The City Council for the City of Golden Valley hereby ordains as follows:
Section 1. Pursuant to authority granted by Minnesota Statutes, Section 462.3593,
Subd. 9, the City of Golden Valley opts-out of the requirements of Minnesota Statutes,
Section 462.3593, which defines and regulates Temporary Family Health Care Dwellings.
Section 2. City Code Section 11.04: Temporary Uses is amended by adding
Subdivision 3 as follows:
Subdivision 3. Prohibited Temporary Uses
A. Temporary Family Health Care Dwellings, as defined in State Statute, are
prohibited in all Zoning Districts.
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 16th day of August, 2016.
/s/Shepard M. Harris
Shepard M. Harris, Mayor
ATTEST:
/s/Kristine A. Luedke
Kristine A. Luedke, City Clerk
city 0
go 1 d e n1MEMORANDUM
ey Ph Development Department
artment
Physical Develo
763-593-8030/763-593-3988(fax)
Executive Summary For Action
Golden Valley City Council Meeting
August 16, 2016
Agenda Item
6. A. First Consideration -Amending City Code Section 9.07, Modifying Winter Parking
Regulations
Prepared By
Marc Nevinski, Physical Development Director
Summary
In August of 2014, the City enacted City Code Section 9.07 Subdivision 3, which prohibits on-
street parking between the hours of midnight and 6:00 am from November 1 to March 31 in
order to facilitate more efficient and effective snow and ice removal throughout the City. The
Council has since discussed this section of code periodically, and at its Council-Manager Meeting
on June 14, 2016, decided to modify the ordinance to prohibit on-street parking from 2:00 am to
6:00 am.
Attachments
• City Code Section 9.07 with underline/overstrike (1 page)
• Ordinance#611, Amending Section 9.07: Winter Parking Regulations (1 page)
Recommended Action
Motion to adopt first consideration Ordinance #611, Amending Section 9.07: Winter Parking
Regulations.
§ 9.07
Section 9.07:
Winter Parking Regulations
Subdivision 1. Snow Emergency
After a snowfall of at least two (2) inches, parking is prohibited on any public street
or alley. Parking may not resume on any such street or alley until the snow has
stopped accumulating and the same street or alley has been plowed with the snow
removed to the curb line or edge of the street or alley.
Subdivision 2. Snow Removal and Hauling
The City Manager or his/her designee is hereby authorized to post "No Parking"
signs for snow removal along streets where snow removal operations will require
the use of the entire width of the street by snow plowing and removing equipment.
Such signs shall be posted at frequent intervals at least four (4) hours prior to the
time when snow removal commences on the street so posted, and such signs shall
be removed promptly after completion of the snow removal operation. Snow
removal shall be done on any street so posted as soon as possible following a lapse
of four (4) hours after posting the signs. It is unlawful for any person to park any
vehicle, or leave any vehicle which was parked at the time of posting for a period of
more than two (2) hours thereafter, in any block on any street so posted during the
time the said signs are posted thereon, and it is also unlawful for any person other
than an authorized representative of the City to remove said signs.
Subdivision 3. Public Street and Alley Parking Restrictions.
Parking is prohibited on any public street or alley from November 1 through March
31 from 2 am until 6 am daily.
Source: Ordinance No. 526, 2nd Series
Effective Date: 8-14-14
Golden Valley City Code Page 1 of 1
ORDINANCE NO. 611, 2ND SERIES
AN ORDINANCE AMENDING THE CITY CODE
Amending Section 9.07: Winter Parking Regulations
Public Street and Alley Parking Restrictions
The City Council for the City of Golden Valley hereby ordains as follows:
Section 1. City Code Section 9.07, Subdivision 3 Public Street and Alley Parking
Restrictions is amended to read as follows:
Parking is prohibited on any public street or alley from November 1 through
March 31 from 2 am until 6 am daily.
Section 3. City Code Chapter 1 entitled "General Provisions and Definitions
Applicable to the Entire City Code Including Penalty for Violation" and Section 9.99
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 16th day of August, 2016.
/s/Shepard M. Harris
Shepard M. Harris, Mayor
ATTEST:
/s/Kristine A. Luedke
Kristine A. Luedke, City Clerk
city 0f
goldenoz . -'ArMEMORANDUM
Cit Administration Council
alley Y �
763-593-3989/763-593-8109(fax)
Executive Summary For Action
Golden Valley City Council Meeting
August 16, 2016
Agenda Item
6. B. Approval of Amendment to City Manager Employment Agreement
Prepared By
Chantell Knauss, Assistant City Manager
Summary
Upon completion of the City Manger's review, a 2.5% increase is proposed. This is the same
increase being proposed for all other non-union employees and the increase negotiated with
both bargaining units for 2017. This will bring the Manager's compensation to $149,650. All other
terms of the Agreement remain the same.
Attachments
• Resolution Amending the City Manager Employment Agreement (2 page)
Recommended Action
Motion to adopt Resolution Amending the City Manager Employment Agreement.
Resolution 16-48 August 16, 2016
Member introduced the following resolution and moved its adoption:
RESOLUTION UPDATING THE
CITY MANAGER EMPLOYMENT AGREEMENT
BE IT RESOLVED by the City Council of the City of Golden Valley that it hereby
adopts the attached Addendum to the City Manager Employment Agreement. This
Agreement is effective September 9, 2016.
Shepard M. Harris, Mayor
ATTEST:
Kristine A. Luedke, City Clerk
The motion for the adoption of the foregoing resolution was seconded by Member
and upon a vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted, signed by the Mayor
and his signature attested by the City Clerk.
ADDENDUM TO
CITY OF GOLDEN VALLEY
CITY MANAGER EMPLOYMENT AGREEMENT
DATED: August 16, 2016
Salary:* $149,650
Auto Allowance: $400 / month
This Addendum was approved by the City Council on August 16, 2016, effective
September 9, 2016.
CITY OF GOLDEN VALLEY, MINNESOTA
By:
Timothy J. Cruikshank, Employee
Shepard M. Harris, Mayor
Kristine A. Luedke, City Clerk
* Maximum 2016 compensation under Minn. Stat. § 43A.17, subd. 9 is $165,333
city 0f
eMEMORANDUM
golden
va11 Administrative Services
y Department
763-593-8013/763-593-3969(fax)
Executive Summary For Action
Golden Valley City Council Meeting
August 16, 2016
Agenda Item
6. C. 1. Set Special Meeting for the Golden Valley Housing and Redevelopment Authority
Prepared By
Sue Virnig, Finance Director
Summary
The Golden Valley Housing and Redevelopment Authority (GVHRA) will need to meet to consider
the parameters for the sale of bonds and lease agreement between the GVHRA and the City of
Golden Valley.
Call for Special Meeting on September 6 at 5:30 pm for the Golden Valley HRA.
AGENDA
Regular Meeting of the
City Council
Golden Valley City Hall
7800 Golden Valley Road
Council Chamber
September 20, 2016
6:30 pm
1.CALL TO ORDER PAGES
A.Pledge of Allegiance
B.Roll Call
2.ADDITIONS AND CORRECTIONS TO AGENDA
3.CONSENT AGENDA
Approval of Consent Agenda - All items listed under this heading are considered to be
routine by the City Council and will be enacted by one motion. There will be no
discussion of these items unless a Council Member so requests in which event the item
will be removed from the general order of business and considered in its normal
sequence on the agenda.
A.Approval of Minutes - City Council Meeting September 5, 2016
B.Approval of City Check Register
C.Licenses:
1.
D.Minutes of Boards and Commissions:
1.
E.Bids and Quotes:
1. Award Glenwood Sidewalk / Wayzata Turn Lane Contracts
F.Award Liberty Crossing Flood Mitigation Public Improvement Project (15-16)
4.PUBLIC HEARINGS
B.Public Hearing - Subdivision - 26 Paisley Lane
5.OLD BUSINESS
6.NEW BUSINESS
A.Brookview Bids
A.Second Consideration - Providing for a Local Lodging Tax
B.Appointment to Conventions and Visitor Bureau
C.Announcements of Meetings
1. Future Draft Agendas: City Council September 20 and October 5, 2016, and
Council/Manager October 13, 2016
D.Mayor and Council Communications
7.ADJOURNMENT
A G E N D A
Council/Manager Meeting
Golden Valley City Hall
7800 Golden Valley Road
Council Conference Room
September 13, 2016
6:30 pm
Pages
1. Fire Station Study (30 minutes)
2. Debt Analysis/Infrastructure (20 minutes)
3. Set Preliminary Levy and Budget:
∼2017-2018 Budget (All Funds) (20 minutes)
∼2017-2021 Capital Improvement Program (10 minutes)
∼Wrap Up
Council/Manager meetings have an informal, discussion-style format and are designed
for the Council to obtain background information, consider policy alternatives, and
provide general directions to staff. No formal actions are taken at these meetings. The
public is invited to attend Council/Manager meetings and listen to the discussion; public
participation is allowed by invitation of the City Council.
AGENDA
Regular Meeting of the
City Council
Golden Valley City Hall
7800 Golden Valley Road
Council Chamber
September 6, 2016
6:30 pm
1.CALL TO ORDER PAGES
A.Pledge of Allegiance
B.Roll Call
2.ADDITIONS AND CORRECTIONS TO AGENDA
3.CONSENT AGENDA
Approval of Consent Agenda - All items listed under this heading are considered to be
routine by the City Council and will be enacted by one motion. There will be no
discussion of these items unless a Council Member so requests in which event the item
will be removed from the general order of business and considered in its normal
sequence on the agenda.
A.Approval of Minutes - City Council Meeting August 16, 2016
B.Approval of City Check Register
C.Licenses:
1.
D.Minutes of Boards and Commissions:
1.
E.Bids and Quotes:
1. Award Douglas Drive Landscaping Contract
F.Call for Public Hearing - Special Assessments, Delinquent Utility Bills and
Miscellaneous Charges for October 5
G.Resolution to Set Sale of Bonds
H.Board/Commission Appointments
I.Approve Breck Community Service Officer Agreement
4.PUBLIC HEARINGS
A.Public Hearing - First Consideration - Providing for a Local Lodging Tax
5.OLD BUSINESS
6.NEW BUSINESS
A.Second Consideration - Amendment to Section 9.07 - Winter Parking Restrictions
B.Central Park West - PUD Permit, Plat, Agreements
C.Announcements of Meetings
1. Future Draft Agendas: Council/Manager September 13, 2016, City Council
September 20, and October 5, 2016
D.Mayor and Council Communications
7.ADJOURNMENT