09-16-14 CC Agenda Packet (entire) AGENDA
Regular Meeting
of the
City Council
Golden Valley City Hall
7800 Golden Valley Road
Council Chamber
September 16, 2014
6:30 pm
The Council may consider item numbers 1, 2, 3, 5 and 6
prior to the public hearings scheduled at 7 pm
1. CALL TO ORDER PAGES
A. Roll Call
B. Pledge of Allegiance
C. Presentation of Awards - 2014 Photo Contest 3-4
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 or citizen so requests in which
event the item will be removed from the general order of business and considered in its
normal sequence on the agenda.
A. Approval of Minutes
1. City Council Meeting August 19, 2014 5-12
2. City Council Meeting September 2, 2014 13-19
B. Approval of City Check Register 20
C. Licenses:
1. Gambling License Exemption and Waiver of Notice Requirement - Good 21-23
Shepherd Church
D. Minutes of Boards and Commissions:
1. Planning Commission - July 28, 2014 24-33
2. Human Services Fund- July 7, 2014 34-35
E. Authorization to Sign Legal Services Agreement with Chestnut & Cambronne, P.A. for
Prosecutor Contract 36-46
F. Adopt Resolution for Joint Powers Agreement with City of Minneapolis to Establish 47-50
Responsibilities for Sale of Water and Sewer Services within Golden Valley 14-72
G. Approval of Conditional Extension for Filing of Plat and Submitting Final PUD Plan 51-54
Application - PUD #107 - The Towers at West End - Southwest Quadrant of 1-394
and Highway 100 - Duke Realty, Applicant
H. Receipt of August 2014 Financial Reports 55-63
I. Adopt Resolution for Approval of Plat - Golden Valley Homes 14-73 64-66
J. Adopt Resolution Acceptance of Grant and Donation - Park and Recreation 14-74 67-68
K. Board/Commission Appointments
L. Receive and file correspondence regarding 6A - Ordinance #530 Six Month
Moratorium
4. PUBLIC HEARINGS 7 PM
A. Public Hearing - Ordinance #528 - Approval of Conditional Use Permit#137, 69-87
601 Boone Avenue North, TruStone Financial, Applicant
B. Public Hearing - Ordinance #529 - Final PUD Plan No. 95, Amendment 3 - 9191 and 88-123
9393 Wayzata Blvd - Twin Cities Automotive DBA Golden Valley TCA P., LLC,
Applicant
C. Public Hearing - Preliminary PUD Plan No. 118 - 9130 and 9220 Olson Memorial 124-160
Highway - Golden Villas, LLC, Applicant
D. Public Hearing - Revision to Preliminary Plat - Kate's Woods - 221 Sunnyridge Lane - 161-177
David Knaeble, Applicant
E. Continued Public Hearing - Ordinance #527 - Amendments to the Zoning Map - 178-179
305 and 345 Pennsylvania Avenue South - Lake West Development, LLC, Applicant
F. Continued Public Hearing - Preliminary PUD Plan for Laurel Ponds PUD No. 117 - 180-192
305 and 345 Pennsylvania Avenue South - Lake West Development, LLC, Applicant
5. OLD BUSINESS
6. NEW BUSINESS
A. Ordinance #530, Imposing a Six Month Moratorium on Subdivisions and Planned Unit 193-194
Developments that include Single Family Residential Components
B. Bottineau Update 195
C. Authorization to Sign First Amendment to Addendum to Purchase Agreement with 196-199
The Investor Group, LLC for 2241 Legend Drive
D. Announcements of Meetings
E. Mayor and Council Communications
7. ADJOURNMENT
*Items added at the Council Meeting
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Executive Summary For Action
Golden Valley City Council Meeting
September 16, 2014
Agenda Item
1. C. Presentation of Awards - 2014 Photo Contest
Prepared By
Cheryl Weiler, Communications Manager
Summary
Golden Valley's 22nd annual Views of the Valley photo contest drew 59 entries from residents
who tried to capture on film their version of the city's beauty, uniqueness, and quality of life. The
"Natural Golden Valley" category featured photos of landscapes, flora, fauna, etc. The "Golden
Valley Lifestyle" category featured photos of cityscapes, buildings, people, and activities. The
"Enhanced" category featured photos significantly altered by editing software.
Following these standards as well as the basics of good photography, four judges chose the
following entries as winners. All winners receive certificates of recognition and publication of
their photos in various City public information pieces. Top winners in each category also receive a
cash prize.
Enhanced Golden Valley
� First Place ($50): "Tribute To The Fallen," a photo of the red, white, and blue American flag in
the foreground of a black-and-white scene, by Alyssa Euteneuer.
Golden Valley Lifestyle
� Honorable Mention: "From The Rooftops," a shot of the Golden Valley water tower and
cityscape against a dramatic evening sky, by Andrew Fitzsimmons.
� First Place ($50): "Joy," showing a dancer silhouetted by sun and sky, by Sonia
Mohammadzadah.
Natural Golden Valley
� Honorable Mention: "Let's Shake On It," a close-up of a dragonfly, by Jeff Lamberg.
� First Place ($50) and Overall Grand Prize ($50): "Looking For A Strike," an extreme close-up of
a dragonfly with a dew-drop bowling ball, by Jeff Lamberg.
People's Choice
"Glare," a close-up of an owl, by Jacob Condon. This $25 prize is awarded to the winner in public
ballot box and online voting.
Views of the Valley aims to promote Golden Valley and civic pride. Judges for 2014 were Ann
Gallagher, Cable 12 TV; Sarah Larson, West Metro Fire-Chief and former photography pro; Emilie
Kastner, City of Plymouth communications coordinator; and Dennis Zerwas, Jr, professional
photographer. Next year's contest deadline will be June 12, 2015.
Recommended Action
Display winning photos and present certificates and cash prizes to winners.
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AUGUST 19, 2014
1. CALL TO ORDER
Mayor Harris called the meeting to order at 6:30 pm.
1A. Roll Call
Present: Mayor Harris, Council Members Fonnest, Clausen, Schmidgall and Snope.
1 B. Pledge of Allegiance
1C. Proclamation for Hunger Action Month
Ms. Carla Johnson, Executive Director Northwest Hennepin Human Services Council,
reviewed the programs and services they offer.
The City Council thanked the Human Services Council and their staff for the presentation and
continued hard work.
2. ADDITIONS AND CORRECTIONS TO AGENDA
MOTION made by Council Member Snope, seconded by Council Member Glausen to
approve the agenda of August 19, 2014, as submitted and the motion carried unanimously.
3. APPROVAL OF CONSENT AGENDA
MOTION made by Council Member Snope, seconded by Council Member Schmidgall to
approve the consent agenda of August 19, 2014, as revised to remove items: 3E-Award 2014
Winnetka Avenue Streetscape Paver Rehabilitation Project, and 3F-Letters, Emails and/or
Petitions and the motion carried unanimously.
3A1. Approve of the Minutes of City Council Meeting - July 15, 2014.
3A2. Approve of the Minutes of Special City Council Meeting - August 5, 2014.
3B1. Approve City Check Register and authorize the payments of the bills as submitted.
3B2. Approve Housing and Redevelopment Authority Check Register and authorize the
payments of the bills as submitted.
� 3C1. Approve Gambling License Exemption and Waiver of Notice Requirement - Saint
Therese Foundation.
3C2. Approve Gambling License Application to Conduct Excluded Bingo - Ladies Auxiliary to
the Veterans of Foreign Wars Post #7051.
3C3. Approve General Business License.
3D. Accept for filing the Minutes of Boards and Commissions as follows:
1. Planning Commission - June 23, 2014
2. Open Space and Recreation Commission - April 28, 2014
3. Bassett Creek Watershed Management Commission - June 19, 2014
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Unofficial City Council Minutes -2- August 19, 2014
3. APPROVAL OF CONSENT AGENDA-Continued
3G Adopt Resolution 14-68 Approval of Plat - Tennant Companies PUD No. 114 &
Authorization to Sign PUD Permit & PUD Development Agreement - Tennant Company
PUD No. 114.
3. ITEMS REMOVED FROM THE CONSENT AGENDA
3E. Award Contract for 2014 Winnetka Avenue Streetscape Paver Walk
Rehabilitation Project No. 13-19 Resolution 14-67
City Engineer Oliver presented the staff report and answered questions from the Council.
MOTION made by Council Member Fonnest, seconded by Council Member Snope and the
motion carried unanimously to:
1. Award contract for 2014 Winnetka Avenue Paver Walk Rehabilitation Project to the lowest
responsible bidder, Biackstone Contractors, LLC for the Base Bid and alternate bids 2 and
3, in the amount of $521,829.45.
2. Approve Resolution 14-67 authorizing the Cooperative Agreement with Hennepin County
for ADA Compliant Pedestrian Ramp Construction as part of the Winnetka Avenue
Streetscape Paver Rehabilitation Project.
3. Authorize the Hennepin County Cooperative Agreement No. PW 27-13-14 for Pedestrian
Ramp funds.
3F. Accept for filing an email from Jason Boudreau-Landis regarding resignation
from Planning Commission and an email from Brian Cook regarding resignation
from Human Rights Commission.
The Council expressed their appreciation and thanked the Commissioners.
MOTION made by Council Member Fonnest, seconded by Council Member Snope to receive
and file the resignations.
4. PUBLIC HEARING
4A. Public Hearing - Preliminary PUD Plan for Marie's Woods PUD No. 116 - 7200 and
7218 Harold Avenue - Peter Knaeble, Applicant
Planning Manager Zimmerman presented the staff report and answered questions from the
Council. City Manager Burt answered questions from the Council. City Attorney Schelzel
answered questions from the Council.
Mr. Knaeble, applicant, reviewed the application and answered questions from the Council.
Mayor Harris opened the public hearing.
Mr. Larry Kueny, 7303 Ridgeway Road, stated Mr. Knaeble has bent over backwards for their
neighborhood, he said the neighbors feel Mr. Knaeble's plan is the best possible solution for
their area and added the proposed cul-de-sac would only be a half cul-de-sac, because the
neighbors on the left side do not intend to sell their property, and the homes on the right of it
would be looking into the property's backyard. He added if a cul-de-sac was proposed
between the lots and the homes were built around it, that it could be a different possibility. He
stated he and his wife support Mr. Knaeble's plan.
Unofficial City Council Minutes -3- August 19, 2014
4A. Public Hearing - Preliminary PUD Plan for Marie's Woods - continued
Mr. Perry Thom, 320 Louisiana Ave, stated his home is relatively new in the neighborhood.
When he was in the process of building it, the builder at the time informed him there would
not be variations to easements and property builds in his area. He said at one time a
developer proposed to build townhomes on his and the neighbor's lot, but the City said no
because the City was very specific as to not allow heavy density in his neighborhood which
kept the lots with single family homes. He added he is against the cul-de-sac plan and would
prefer to see two single family homes, but he would support Mr. Knaeble's plan for six homes.
He added he felt there would be fewer trees lost, less density, less encroachment on smaller
properties and would not lower the value of their homes. He said a couple of ineetings
regarding this lot process were held, and no one outside of the Planning Commission
supported the cul-de-sac plan.
Mayor Harris closed the public hearing.
There was much Council discussion regarding the proposed Preliminary PUD plan for Marie's
Woods located at 7200 and 7218 Harold Avenue.
MOTION made by Mayor Harris, seconded by Council Member Schmidgall to direct staff to
take the findings and turn the negatives into positives, add a condition for sprinklers in the
homes on the back lots, and a shared maintenance agreement for the driveways, upon a vote
being taken, the following voted in favor thereof: Harris and Schmidgall and the following
voted against: Snope, Fonnest, and Clausen and the motion failed.
MOTION made by Council Member Snope, seconded by Council Member Fonnest to deny
the Preliminary Plan for Marie's Woods PUD No. 116 with the following findings upon a vote
being taken, the following voted in favor thereof: Fonnest, Snope, and Clausen and the
following voted against: Harris and Schmidgall, and the motion carried.
The Council makes the following findings pursuant to City Code Section 11.55, Subd. 5(E):
1. The PUD plan is tailored to the specific characteristics of the site but does not achieve a
higher quality of site planning and design than generally expected under conventional
provisions of the ordinance.
2. The PUD plan preserves and protects substantial desirable portions of the site's
characteristics, open space and sensitive environmental features including steep slopes,
trees, scenic views, creeks, wetlands and open waters.
3. The PUD plan does not include efficient and effective use (which includes preservation) of
the land.
4. The PUD plan does not result in development compatible with adjacent uses and is not
consistent with the Comprehensive Plan and redevelopment plans and goals.
5. The PUD plan is not consistent with preserving and improving the general health, safety
and general welfare of the people of the City.
6. The PUD plan does not meet the PUD Intent and Purpose provision and all other PUD
ordinance provisions.
4B. Public Hearing - Preliminary Plat Approval - Paisley Lane Woods - 221 Paisley
Lane
Planning Manager Zimmerman presented the staff report and answered questions from the
Council. City Engineer Oliver answered questions from the Council. City Attorney Schelzel
answered questions from the Council.
Unofficial City Council Minutes -4- August 19, 2014
4B. Public Hearing - Preliminary Plat Approval - Paisley Lane Woods - continued
Mr. Pavek, Civil Site Group, engineer on the project presented background information on the
application and answered questions from the Council. Mr. Kuperus, the builder on the project,
answered questions from the Council.
Mayor Harris opened the public hearing.
Ms. Diane Richards, 217 Paisley Lane, stated she lives in the property east of the proposed
development. She indicated the neighborhood has had several meetings regarding the plans
and she was attending on behalf of her neighbors who were unable to. She presented a map
of what the neighborhood currently looks like, gave a brief historical review, and added it is
referred to as the "Tralee Neighborhood." She said the neighbors have reviewed the City's
Comprehensive Plan and felt the City should uphold the standards of development that foster
urban style and suburban tranquility. She added that the neighbors would like to preserve the
integrity of their neighborhood and with this proposal there would be a total of six new homes
in their area. She said the homes include the two already built, the two approved earlier, and
the two proposed tonight which represents 17% of the houses in their neighborhood. She
presented a map of the current homes and said each one has a large, wooded lot, set back
from the street with a mostly mid-century design. She then presented a drawing with houses
similar in style and design of those being built by LDK Builders. She said the garage is the
prominent feature, there are fewer trees, a different house color palette and they are set
closer to the street. She presented a view of what the area would resemble with the new
homes, and added that they would not blend into the current style of the neighborhood. She
said the neighbors are watching what is happening with lots in their area because as current
residents move out their lots may be subdivided. She inquired as to when the City will stop
subdividing lots. She asked if the Comprehensive Plan would maintain the integrity and
preserve the quiet, peacefulness of neighborhoods.
Mr. Jerry Kassanchuk, 235 Paisley Lane, stated he reviewed the definition of the Housing and
Redevelopment Authority which in part states its function is to increase the City's taxable
valuation. He said at a meeting with the developer, when asked why build two homes instead
of one, the builder's response was they would not make as much money because it costs
more to build just one house. He said that spoke to other architects regarding this answer and
they felt there was no merit to the profitably of just one house being built and the only
explanation would be the builder was using stock plans. He stated the home currently on the
property has a flat roof and the two proposed homes would have slanted roofs, he felt this
could cause run-off problems for the homes located in the back lots. He stated under the
Comprehensive Plan section regarding land use and minimized conflicts, it states traditional
neighborhoods should be protected and respected. He said part of the definition of traditional
is long standing, and of neighborhoods it is a community within a town, or city, and he
believes his neighborhood is a traditional one. He said where the two new houses were built,
a swamp was created with many trees falling into it and the developer has not done anything
to take care of this. He added he would not want to live with a swamp in his backyard and
asked who will pay for the fallen trees. He stated he felt that the good of Golden Valley could
be served with only one house being built.
Mr. Brian Walvatne, 227 Paisley Lane, said he lives across the street from the proposed
development and he signed the resident's petition submitted from the neighborhood. He
asked to stop the building of cookie cutter track houses in his neighborhood. He said the
residents have not changed their minds and accepted this plan and are saying no to LDK-
type houses in their neighborhood.
Unofficial City Council Minutes -5- August 19, 2014
4B. Public Hearing - Preliminary Plat Approval - Paisley Lane Woods - continued
Mr. John Rode, 205 Paisley Lane, stated he lives directly behind the proposed development.
He said there is a big hill in the neighborhood and he feels it will create a big mess with storm
drainage. He said that adding more than one house to a lot is not right, and added that there
is a lot of unanswered question regarding this issue.
Mayor Harris closed the public hearing.
There was much Council discussion regarding the Proposed Preliminary Plat for Paisley Lane
Woods located at 221 Paisley Lane.
MOTION made by Council Member Schmidgall, seconded by Council Member Snope to
approve the Preliminary Plat for Paisley Lane Woods, 221 Paisley Lane, subject to the
following conditions upon a vote being taken, the following voted in favor thereof: Fonnest,
Snope, and Schmidgall and the following voted against: Harris and Clausen, and the motion
carried.
1. The City Attorney will determine if a title review is necessary prior to approval of the final
plat.
2. A park dedication fee of$1,540 shall be paid before final plat approval.
3. The City Engineer's memorandum, dated July 7, 2014, shall become part of this approval.
4. All applicable City permits shall be obtained prior to the development of the new lots.
4C. Public Hearing - Ordinance #519 - Rezoning from Single Family Residential
Zoning District (R-1) to Moderate Density Residential Zoning District (R-2) - 1001
Lilac Drive North - Max Zelayaran, Applicant
Planning Manager Zimmerman presented the staff report and answered questions for the
Council.
Mr. Zelayaran, applicant, answered questions from the Council.
Mayor Harris opened the public hearing. No one came forward. Mayor Harris the closed
public hearing.
MOTION made by Council Member Schmidgall, seconded by Council Member Snope to
adopt Ordinance No. 519, Rezoning from Single Family Residential Zoning District (R-1) to
Moderate Density Residential Zoning District (R-2), 1001 Lilac Drive North, Max Zelayaran,
and the motion carried unanimously.
Mr. Michael Garnet, 5554 Lindsey Street, arrived after the motion was made. He stated that
the neighborhood is upset because they did not get notice of the public hearing bring held
tonight. He said he thought that the neighborhood would get another notice on the public
hearing.
4D. Public Hearing - Preliminary Plat Approval - Golden Valley Homes - 1001 Lilac
Drive North
Planning Manager Zimmerman presented the staff report and answered questions for the
Council.
Unofficial City Council Minutes -6- August 19, 2014
4D. Public Hearing - Preliminary Plat Approval - Golden Valley Homes - continued
Mayor Harris opened the public hearing. No one came forward. Mayor Harris closed the
public hearing.
There was Council discussion regarding the preliminary plat for Golden Valley Homes located
at 1001 Lilac Drive North.
MOTION made by Council Member Snope, seconded by Council Member Clausen to
approve the Preliminary Plat for Golden Valley Homes, 1001 Lilac Drive North, subject to the
following conditions and the motion carried unanimously.
1. The City Attorney will determine if a title review is necessary prior to approval of the final plat.
2. The "Declaration of Covenants, Restrictions, and Conditions" shall be approved by the
City Attorney prior to the issuance of any building permits.
3. A park dedication fee of $1,600 shall be paid prior to approval of the Final Plat.
4. The City Engineer's memorandum, dated June 2, 2014, shall become part of this approval.
5. A Subdivision Development Agreement may be required.
6. All applicable City permits shall be obtained prior to the development of the new lots.
Further, the City Council approves a waiver from Section 12:20, Subd. 5(B) of City Code,
finding that:
• The proposed Lot 2 would measure 116.43 feet in width along the east front setback line.
• A required 5 foot right-of-way dedication would reduce that width to 111.43 feet.
• Section 12.20, Subdivision 5(B) of City Code requires that corner lots in the R-2 zoning
district measure at least 120 feet in width along the front setback lines.
• Reducing the corner lot width requirement by 8.57 feet allows for the construction of a twin
home which is consistent with other uses in the area and would not be detrimental to the
public welfare.
4E. Public Hearing - Preliminary Plat Approval - Fretham Twenty-Two - 4XXX Harold
Avenue
Planning Manager Zimmerman presented the staff report and answered questions from the
Council.
Mayor Harris opened the public hearing. No one came forward. Mayor Harris closed the
public hearing.
MOTION made by Council Member Schmidgall, seconded by Council Member Snope to
approve the Preliminary Plat for Fretham Twenty-Two, 4XXX Harold Avenue, subject to the
following conditions and the motion carried unanimously.
1. The City Attorney will determine if a title review is necessary prior to approval of the final plat.
2. The City Engineer's memorandum, dated July 7, 2014, shall become part of this approval.
3. All applicable City permits shall be obtained prior to the development of the new lots.
4F. Public Hearing - Amendments to the General Land Use Plan Map - 305 and 345
Pennsylvania Avenue South - Lake West Development, LLC, Applicant
Planning Manager Zimmerman presented the staff report and stated public hearing items 4F,
4G, and 4H will be combined in this discussion, but voted on individually and answered
questions from the Council. City Engineer Oliver answered questions from the Council.
Unofficial City Council Minutes -7- August 19, 2014
4F. Public Hearing - Amendments to the General Land Use Plan Map - continued
Mr. Don Jensen, applicant, Lake West Development, LLC, outlined the application plans and
answered questions from the Council.
Mayor Harris opened the public hearing.
Ms. Anne Devitt, 235 Pennsylvania Avenue, stated she is concerned about the traffic on
Pennsylvania Avenue. She said few people stop at the four way stop sign at Laurel and
Pennsylvania and that the intersection ice collects, and people have problems getting up the
hill. She said she is also concerned about parking in the area. She said she is against the
sidewalk being built in front of her house because it would take a big part of her yard. She
said her street had recently had curb and gutter work done, and if the sidewalk was a priority
why it was not address at that time.
Mr. Mark Friederichs, 7501 Western Avenue, stated he is concerned about changing the
character of his neighborhood. He stated he is concerned about parking. He felt this area
would be a good location for 10 new home, not 30 homes. He said one of the City's wealth is
low density, and asked why the wealth needs to be spent. He asked that the Council not sell
them out.
Mr. Adam Hiler, 305 Pennsylvania Avenue, stated he was for the proposed plan because one
of the lots involved was his. He felt this plan would be the best of the worst of what the
neighborhood has seen.
Ms. Delores Jensen, 150 Oregon Avenue, stated she thinks the houses being built are similar
to her grandson playing with Legos. She stated she is concerned by the impact of cutting
down the hill and does not think it will be pretty.
Mayor Harris closed the public hearing.
MOTION made by Council Member Schmidgall, seconded by Council Member Fonnest to
adopt Resolution 14-69 for Amendment to the General Land Use Plan Map for 305 and 345
Pennsylvania Avenue South and the motion carried unanimously.
4G. Public Hearing - Ordinance No. 527 - Amendments to the Zoning Map - 305 and
345 Pennsylvania Avenue South - Lake West Development, LLC, Applicant
Planning Manager Zimmerman answered questions from the Council. City Manager Burt
answered questions from the Council.
Mr. Jensen, applicant, answered questions from the Council. Mr. Fretham answered
questions from the Council.
There was Council discussion regarding the amendments to the Zoning Map in regards to
305 and 345 Pennsylvania Avenue South.
MOTION made by Council Member Fonnest, seconded by Council Member Snope to table
the Ordinance amendments to the Zoning Map for 305 and 345 Pennsylvania Avenue South
until the September 2, 2014, City Council meeting and the motion carried unanimously.
Unofficial City Council Minutes -8- August 19, 2014
4H. Public Hearing - Preliminary PUD Plan for Laurel Ponds PUD No. 117 - 305 and
345 Pennsylvania Avenue South - Lake West Development, LLC, Applicant
MOTION made by Council Member Fonnest, seconded by Council Member Snope to table
the Preliminary PUD Plan for Laurel Ponds PUD No. 117 located at 305 and 345
Pennsylvania Avenue South to the September 2, 2014, City Council meeting and the motion
carried unanimously.
6. NEW BUSINESS
6A. Bottineau Transitway Update
Planning Manager Zimmerman presented the staff report and answered questions from the
Council.
MOTION made by Council Member Snope, seconded by Council Member Clausen to receive
and file the Bottineau Transitway Update and the motion carried unanimously.
6B. Announcements of Meetings.
The Battle of the Badges Community Blood Drive will be held on August 20, 2014, from 1 to 5
pm at Public Safety Building.
The next Council/Manager Meeting will be held on August 21, 2014, at 6:30 pm in the Council
Conference Room.
The Golden Valley Rotary Club fundraiser for PRISM will be held on August 23, 2014, at 6 pm
at Brookview Park.
A Neighborhood Meeting for the 200 Meadow Lane Subdivision will be held on August 27,
2014, at 7 pm at the Golden Valley Library.
The City Offices will be closed on September 1, 2014, in observance of Labor Day.
The next City Council Meeting will be held on September 2, 2014, at 6:30 pm.
6C. Mayor and Council Communications.
The Council thanked staff for organizing the grand opening event of lawn bowling at the
Brookview Golf Course.
7. Adjournment
MOTION made by Council Member Snope, seconded by Council Member Fonnest and the
motion carried unanimously to adjourn the meeting at 10:38 pm.
Shepard Harris, Mayor
ATTEST:
Kristine A. Luedke, City Clerk
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September 2, 2014
1. CALL TO ORDER
Mayor Harris called the meeting to order at 6:30 pm.
1A. Roll Call
Present: Mayor Harris, Council Members Fonnest, Clausen, Schmidgall and Snope.
1 B. Pledge of Allegiance
2. ADDITIONS AND CORRECTIONS TO AGENDA
MOTION made by Council Member Fonnest, seconded by Council Member Schmidgall to
approve the agenda of September 2, 2014, as revised: Amendment to 3M-Approve one-year
extension for 1315 Angelo Drive to change extension date to 2015 and addition of 3N-
Receive and file application for Minor Subdivision for Hanson Wood Shores and the motion
carried unanimously.
3. APPROVAL OF CONSENT AGENDA
MOTION made by Council Member Snope, seconded by Council Member Schmidgall to
approve the consent agenda of September 2, 2014, as revised to amend item: 3M-Approve
one-year extension for 1315 Angelo Drive, addition of 3N-Receive and file application and
removal of 3F-Award 2014 Winnetka Avenue Streetscape Paver Rehabilitation Project, and
3F-Letter, Emails and/or Petitions and the motion carried unanimously.
3A1. Approve the Minutes of City Council Meeting - August 6, 2014.
3A2. Approve the Minutes of Special Council/Manager Meeting - August 6, 2014.
3B1. Approve City Check Register and authorize the payments of the bills as submitted.
3B2. Approve Housing and Redevelopment Authority Check Register and authorize the
payments of the bills as submitted.
3C1. Approve Solicitor's License for NARAL Pro-Choice Minnesota.
3C2. Approve General Business License.
3C3. Approve Temporary On-Sale Malt Liquor Special Event Permit - Hire A Host/Rudolph's
BBQ Catering for Golden Valley Days Art & Music Festival.
3D. Accept for filing the Minutes of Boards and Commissions as follows:
1. Planning Commission - July 14, 2014
2. Open Space and Recreation Commission - June 30, 2014
3E. Bids and Quotes:
Award contract to Flag Builders of Minnesota, Inc. in the amount of $112,450 for the
2014 Hampshire Park Shelter Roof Replacement Project.
,
3H. Approve Requests for beer and/or wine at Brookview Park as recommended by staff.
31. To call for public hearing for certification of special assessments for October 7, 2014.
3J. To set the date of the Truth-in-Taxation public hearing for Tuesday, December 2, 2014
at 7 pm.
Unofficial City Council Minutes -2- September 2, 2014
3. APPROVAL OF CONSENT AGENDA-Continued
3K. To receive and file the Juty 2014 Financial Reports.
3L. Adopt Resolution 14-70 for Approval of Plat - Fretham Twenty-Five.
3M. Approve a one-year extension for approved Zoning Code Variances for 1315 Angelo
Drive to November 3, 2015.
3. ITEM ADDED TO THE CONSENT AGENDA
3N. To Receive and file a Letter regarding Application for Minor Subdivision for Hanson
Wood Shores.
3. ITEMS REMOVED FROM THE CONSENT AGENDA
3F. Schaper Pond Diversion Project
a. Authorize Cooperative Agreement with the Bassett Creek Watershed Management
Commission.
b. Authorize Professional Engineering Services with Barr Engineering Company.
City Engineer Oliver presented the staff report and answered questions from the Council.
MOTION made by Council Member Snope, seconded by Council Member Clausen to
approve the Cooperative Agreement for the design and construction of water quality
improvements at Schaper Park and the motion carried unanimously.
MOTION made by Council Member Fonnest, seconded by Council Member Schmidgall to
authorize entering into an agreement with Barr Engineering Company for the design and
construction coordination of the Schaper Park Improvements in an amount not to exceed
$142,400 and the motion carried unanimously.
3G Authorize the Mayor, City Manager and Police Chief to sign the amended
Community Service Officer Agreement with Breck School for 2014-2015.
Mayor Harris stated a typo was found in the contract which should read forty instead of forth.
MOTION made by Mayor Harris, seconded by Council Member Fonnest to authorize the
Mayor, City Manager and Police Chief to sign the amended Community Service Officer
Agreement with Breck School for 2014-2015 and the motion carried unanimously.
4. PUBUC HEAR/NG
4A. Continued Public Hearing - Ordinance No. 527 - Amendments to the Zoning Map
for 305 and 345 Pennsylvania Avenue South - Lake West Development, LLC,
Applicant
Planning Manager Zimmerman presented the staff report and stated public hearing items 4A
and 4B will be combined in this discussion, but voted on individually. He answered questions
from the Council. City Manager Burt answered questions from the Council. City Attorney
Barnard answered questions from the Council.
MOTION made by Council Member Snope, seconded by Council Member Clausen to table
Ordinance No. 527, Rezoning 305 and 345 Pennsylvania Avenue South, to the City Council
meeting of September 16, 2014, upon a vote being taken, the following voted in favor: Harris,
Snope, Clausen and Fonnest and the following voted against: Schmidgall and the motion
carried.
Unofficial City Council Minutes -3- September 2, 2014
4B. Continued Public Hearing - Preliminary PUD Plan for Laurel Ponds PUD No. 117
for 305 and 345 Pennsylvania Avenue South - Lake West Development, LLC,
Applicant
MOTION made by Council Member Snope, seconded by Council Member Clausen to table
the Preliminary Plan for Laurel Ponds PUD No. 117 to the City Council meeting of September
16, 2014, upon a vote being taken, the following voted in favor: Harris, Snope, Clausen and
Fonnest and the following voted against: Schmidgall and the motion carried.
4C. Public Hearing - Preliminary Plat Approval - Hanson Wood Shores -Wessin
Property
Planning Manager Zimmerman presented the staff report and answered questions for the
Council. City Manager Burt answered questions from the Council. City Attorney Barnard
answered questions from the Council.
Mayor Harris opened the public hearing.
Ms. Jacqueline Day, 1334 Spring Valley Road, said she lives on Sweeny Lake and was there
to represent the applicants, Mr. and Mrs. Wessin. She stated she had two important points to
make regarding the application. She stated the first point was Mr. Wessin has a plan for his
parcels which does not require a new street to be built and added his plan answers all of the
future development questions in a legal and environmentally friendly manner. She said the
second point is, the City does not have a right to prevent the proposal from happening and
added city staff should not have their own plan for his land. She reviewed the description of
the property and reviewed the history. She said Mr. Wessin realized if he were to develop the
land, there are only two ways to make it work, the first being to sell it to a big developer with
deep pockets who would shoot for maximum density, or to approve the application being
presented with only two new homes on it. Any other plan, she added including what the City
is offering, would not work. She said recently Mr. Wessin has reviewed plans from different
developers, who felt they could redevelop the property in an environmentally friendly way
with medium density, but after reviewing the costs associated with it, their plans changed to
maximum density, or they decided not develop it. She said she felt city staff is ignoring the
cost of developing the land that would work best financially and environmentally and
explained the process Mr. Wessin used to develop his plan. She provided pictures and gave
an overview of each of the owners and their property in the area and read a letter in favor of
Mr. Wessin's proposal from a neighbor who was not able to attend. She said that last year,
Mr. Wessin brought an application to the City which included three house, but it would
require a variance. She added at the time, he was told that nothing would prevent him from
subdividing the land into two lots and therefore he submitted an application for a Minor
Subdivision that met the requirements needed without a variance. She said the property at
1801 Noble and how it was marketed as a single family home but was sold to Lecy Brothers
Homes who planned to tear down the home and build three new ones. She stated Mr. Lecy
would be unable to redevelop the land because City Code requires 80 feet of road frontage
for every single family home and added he had full knowledge of this when the sale was
done but after he went to City Staff to demand a road. She said this issue is causing the
Planning Commission and City staff to require Mr. Wessin to dedicate his land for right-of-
way purposes for a new street extension to Noble Road which would end in a cul-de-sac
where the homes would be built. She said the estimated cost of would be a minimum of
$550,000 which would be assessed to the owners who abut the street and since the
measurement for the assessments is linear footage Mr. Wessin, who has the majority of it,
would bare most of the cost but the main benefiter would be the developer, Mr. Lecy.
Unofficial City Council Minutes -4- September 2, 2014
4C. Public Hearing - Preliminary Plat Approval - Hanson Wood Shores - continued
Ms. Day stated she has presented three legal reasons why Mr. Wessin should not have to
dedicate right-of-way for a future street and read a letter from Mr. Tannick who is in support
the application. She said at the last Planning Commission meeting, Mr. Lecy stated he would
pay for the street but after meeting, Mr. Wessin realized he would not, which has caused
another delay and more expense to Mr. Wessin.
When asked by Mayor Harris if Ms. Day was representing Mr. Wessin, she stated she was
representing him as a friend and home owner on Sweeny Lake. The Mayor then asked if she
was representing him in any particular business. She replied she has in the past, but not for
this application. Ms. Day added she was here because she is familiar with the process and
that questions regarding this could be addressed to her.
Ms. Shanna Hanson, 4800 Killarney Drive, stated she was a new resident on Sweeny Lake
and she supports everything Ms. Day said. She said she felt the required dedication would
be a land grab.
Mr. Roy Lecy, 1801 Noble Drive, stated he is part owner of the property and was working
with the City on developing the land, but the only alternative they would agree to was with the
addition of a road with a cul-de-sac and to assess the surrounding parcels. He said he
proposed to build three homes, two new ones and one to replace the current home being
torn down. He said whenever land is developed by a lake it could have an impact the lake
and when his company is done developing it the impact would be a positive one. He added
that he has submitted a PUD application that solves everybody's problem. He said it asks for
a variance so that he can access the lots from the existing property driveway and he would
run water from Noble Drive to connect city sewer to the property. He said then Mr. Wessin
would not have to give up 30 feet of his property and be assessed for a future road. Mr. Lecy
indicated he would dedicate 20 feet of his property to the City. He stated the variance
needed would be similar to the one granted on St. Croix Circle earlier and added he does not
want to put in a public road if it is not necessary.
Mr. Scott Lucas, Olson & Lucas, Applicant's Attorney, stated he submitted one of the letters
the Council received in their Council packet. He said he would like to clarify a statement
made earlier regarding there being an obligation to plan for future development on the south
end of the property. He said he thought this statement refers to City Ordinance Section 12.20
which in part reads "where adjoining areas are not subdivided the arrangement or streets in
new subdivisions shall make provisions for streets." He said this subdivision woutd not fall
under Section 12.20 because it is a minor one and added minor subdivisions are governed
by Section 12.50. He said this has a variety of important implications with the first being
Section 12.50 expressly provides that 12.20 is the street plan ordinance that would be
superseded by Section 12.50. He questioned if a street should be a required in a minor
subdivision application. He read Section 12.50, Subdivision 1 and said somehow we have
gotten into a big discussion of streets which he felt was not appropriate with this ordinance.
He said there are provisions for easements to be required in a minor subdivision application,
but it must service a "necessary public purpose" and this one does not. He said "public
purpose" was not defined in the City Code but is in Minnesota State Statute which he read.
He said earlier it was stated that the property owners did not reach an agreement and added
this is inaccurate because they all did except for Mr. Lecy which he felt changed tonight
because Mr. Lecy said he will go along with the plan. He gave a history of his client's
background regarding the property and respectfully requested the City grant the application
without the road dedication.
Unofficial City Council Minutes -5- September 2, 2014
4C. Public Hearing - Preliminary Plat Approval - Hanson Wood Shores - continued
Mr. Joel Mintz, 1535 St. Croix Circle, said he lives across the street from the proposed
development. He said that he heard tonight that Mr. Lecy would be ok with the plan that Mr.
Wessin has and he would be willing to use the road that he currently has which is 20 ft. wide
and in the future look for a variance. He said he felt there should no longer be an objection to
Mr. Wessin's plans.
Ms. Amanda Cialkowski, 1040 Angelo Drive, said she is on the Board for Sweeny Lake
Association and has reviewed the materials being presented tonight. She said section 12.50
should be what applies here and the only issue is if this is necessary for a public purpose.
She said she agrees Mr. Wessin should not have to continue to wait because his application
meets the guidelines.
Mr. Gerald Dahl, 4720 Killarney Drive, said he lives on the other side of the lake and that it is
very important to keep Sweeny Lake as it is. He supported what has been said and Mr.
Wessin's proposal.
Mr. David Hanson, 1030 Angelo Drive, said he has lived on the lake for 49 years and that
what is being purposed does not sound too wonderful. He stated the Sweeny Lake
Association voted in favor of Mr. Wessin's application and wished the City would see it the
Association's way.
Mr. Bill Wilson, 1840 Major Drive, said he is the president of Sweeny Lake Association and
that the Council has already received a resolution from them. He stated the Board would
discuss future subdivisions, but for now the issue is Mr. Wessin's application and asked that
the application be granted without any land dedication.
Mr. Stephen Mahle, 1410 Spring Valley Road, said he does not see any reason to delay the
approval of Mr. Wessin's request because it is fair and legal.
Ms. Jane McDonald Black, 924 Adeline Lane, said she serves as an alternate on The
Bassett Creek Watershed Commission but was not representing them today. She said she
hopes the City would consider the good of the lake and environment for the public.
Mr. Peter Mayer, 4800 Killarney Drive, said he was a new resident on the lake and he
supports Mr. Wessin's application. He said the applicant is responsible for the water quality
and the environment.
Mayor Harris closed the public hearing.
There was much Council discussion regarding the Preliminary Plat Approval for Hanson
Wood Shores the Wessin Property.
MOTION made by Council Member Fonnest, seconded by Mayor Harris to table the item
until the October 7, 2014 Council meeting, upon a vote being taken, the following voted in
favor thereof: Fonnest and Harris and the following voted against: Snope, Schmidgall and
Clausen and the motion failed.
Unofficial City Council Minutes -6- September 2, 2014
4C. Public Hearing - Preliminary Plat Approval - Hanson Wood Shores - continued
MOTION made by Council Member Snope, seconded by Council Member Clausen to
approve the Preliminary Plan for Hanson Wood Shore development without the land
dedication with the following conditions, upon a vote being taken, the following voted in favor
thereof: Fonnest, Snope, Schmidgall and Clausen the following voted against: Harris and the
motion carried.
1. The City Attorney will determine if a title review is necessary prior to approval of the final
plat.
2. A park dedication fee of$ 26,400 shall be paid before final plat approval.
3. The City Engineer's memorandum, dated March 17, 2014, shall become part of this
approval.
4. The Fire Chief's memorandum, dated March 14, 2014, shall become part of this approval.
5. A Subdivision Agreement will be drafted for review and approval by the City Council that
will include issues found in the City Engineer's memorandum.
6. All applicable City permits shall be obtained prior to the development of the new lots.
6. NEW BUSINESS
6A. Approve Resolution 14-71 Adopting a Proposed 2015 - 2016 Budget and Tax
Levies Payable in 2015.
Finance Director Virnig presented the staff report and answered questions from the Council.
There was much Council discussion regarding the proposed 2015 - 2016 budget and tax
levies payable in 2015.
MOTION made by Council Member Fonnest, seconded by Mayor Harris to table the adoption
of the resolution until the September 16, 2014, Council meeting upon a vote being taken, the
following voted in favor thereof: Fonnest and Harris and the following voted against: Snope,
Clausen and Schmidgall and the motion failed.
MOTION made by Council Member Schmidgall, seconded by Council Member Clausen to adopt
Resolution 14-71 Adopting a Proposed 2015 Budget and Proposed Tax Levies Payable in 2015,
upon a vote being taken, the following voted in favor thereof: Snope, Schmidgall and
Clausen and the following voted against: Fonnest and Harris and the motion carried.
6B. Announcements of Meetings.
The next Council/Manager meeting will be held on September 9, 2014, at 6:30 pm in the
Council Conference Room.
The Human Rights Commission Conversations: September 11th National Day of Service and
Remembrance will be held on September 11, 2014, from 6 to 8 pm at Second Harvest
Heartland West.
The Golden Valley Arts and Music Festival will be held on September 13, 2014, from 9:30
am through 9:30 pm on the City Hall Campus.
The next City Council meeting will be held on September 16, 2014, at 6:30 pm in the Council
Chambers.
The Golden Valley Human Services Golf Classic will be held on September 19, 2014, starting
at 8 am at Brookview Golf Course.
Unofficial City Council Minutes -7- September 2, 2014
6C. Mayor and Council Communications.
Council discussed revisiting the winter parking ordinance at the next Council/Manager
meeting on September 9, 2014.
City Manager Burt reviewed the agenda for the September 9, 2014, Council/Manager
meeting.
Mayor Harris gave an update on a proposed development in the City.
7. Adjournment
MOTION made by Council Member Schmidgall, seconded by Council Member Fonnest and
the motion carried unanimously to adjourn the meeting at 10:32 pm.
Shepard Harris, Mayor
ATTEST:
Kristine A. Luedke, City Clerk
�;i�� of �,�
�l���t �
�+�. �'�,� Finance Department
763-593-8013/763-593-8109(fax)
Executive Summary For Action
Golden Valley City Council Meeting
September 16, 2014
Agenda Item
3. B. Approval of City Check Register
Prepared By
Sue Virnig, Finance Director
Summary
Approval of the check register for various vendor claims against the City of Golden Valley.
Attachments
• Document sent via email
Recommended Action
Motion to authorize the payment of the bills as submitted.
ir��li V� �yp
✓
�T�,, ��,� Cit�Administratian/Council
763 593 3991 /763 593 8109(fax)
Executive Summary For Action
Golden Valley City Council Meeting
September 16, 2014
Agenda Item
3. C. 1. Gambling License Exemption and Waiver of Notice Requirement- Good Shepherd Church
Prepared By
Judy Nally, Administrative Assistant
Summary
As per State Statute organizations that conduct gambling within the City limits have to submit an
application for a lawful gambling permit to the State after the permit has been approved or
denied by the City. Depending upon the timing of the permit the applicants may request the City
to waive the 30-day waiting period.
Attachments
• Application for Exempt Permit (2 pages)
Recommended Action
Motion to receive and file the gambling license exemption and approve the waiver of notice
requirement for Good Shepherd Church.
MINNESOTA LAWFUL GAMBLING 8/14
Page 1 of 2
LG220 Application for Exempt Permit
An exempt permit may be issued to a nonprofit organization that: App�ICat1011 fee (nonrefundable)
• conducts lawful gambling on five or fewer days, and if the application is postmarked or received
• awards less than $50,000 in prizes during a calendar year. 30 days or more before the event,the application
If total prize value for the year will be$1,500 or less,contact the Licensing fee is $50; otherwise the fee is $100.
Specialist assigned to your county.
Organization Information
Organization Name: Previous Gambling Permit Number;
�L'� � 1' rn UC��
Minnesota Tax ID Number, if an : Federal Employer ID Number(FEIN), if any:
�i i � � �.
Type of Nonprofit Organization (check one):
�Fraternal �Religious Veterans �Other Nonprofit Organization
Mailing Address: City: State and Zip: Coun
i�� ��?C � �-v'�' �. �a l ��!�� (M N 55�'�lv� l�t.�,��� tn
Name of Chief Executive O icer(CEO): Daytime Phone: Email: � �.��
� � t . C2 C . b .11 ' -5�-1-'���1� u� ' t.�tecam ��'�I � ��.y
Nonprofit Status
Attach a copy of ONE of the following for proof of nonprofit status:
� Nonprofit Articles of Incorporation OR a current Certificate of Good Standing.
Don't have a copy? This certificate must be obtained each year from:
Minnesota Secretary of State
Business Services Division
60 Empire Drive, Suite 100
St. Paul, MN 55103
Phone: 651-296-2803
� IRS income tax exemption (501(c)) letter in your.organization's name.
Don't have a copy? To obtain a copy of your federal income tax exempt letter, have an organization officer contact
the IRS at 877-829-5500.
IRS-Affiliate of national, statewide, or international parent nonprofit organization (charter).
If your organization falls under a parent organization, attach copies of both of the following:
a. an IRS letter showing your parent organization is a nonprofit 501(c) organization with a group ruling, and
b. the charter or letter from your parent organization recognizing your organization as a subordinate.
Gambling Premises Information
Name of premises where the gambling event will be conducted (for raffles, list the site where the drawing will take place):
�
Address (do not use PO box): City or Township: Zip Code: County:
f�� . 2t'� t��c.. t� . ��u� �9r�1�� �5�� ��'f1�E' � rl
Date(s) of activity (fo raffles, indicate the date of the drawing):
�a�.r r� � i 1 �,(��5
Check each type of ga ling activity that your organization will conduct:
Bingo* �Paddlewheels* �Pull-Tabs* �Tipboards*
� Raffle (total value of raffle prizes awarded for the year: $ )
*Gambling equipment for bingo paper, paddlewheels, pu�l-tabs, and tipboards must be obtained from a distributor
licensed by the Minnesota Gambling Control Board. EXCEPTION: Bingo hard cards and bingo number selection devices may
be borrowed from another organization authorized to conduct bingo.
To find a licensed distributor, go to www.mn.gov/gcb and click on Distributors under the LIST OF LICENSEES,
or call 651-539-1900.
LG220 Application for Exempt Permit s/14
Page2of2
Local Unit of Government Acknowiedgment
CITY APPROVAL COUNTY APPROVAL
for a gambling premises for a gambling premises
located within city limits located in a township
The application is acknowledged with no waiting period. he application is acknowledged with no waiting period.
The application is acknowledged with a 30-day waiting he application is acknowledged with a 30-day waiting
period, and allows the Board to issue a permit after 30 days period, and allows the Board to issue a permit after
(60 days for a ist class city). 30 days.
�The application is denied. he application is denied.
Print City Name: �'��� UGf�I�''/ Print County Name:
Si atu of Cit erson el: Signature of County Personnei:
Title: Date: �r r _ Title: Date:
TOWNSHIP (if required by the county).
On behalf of the township, I acknowledge that the organization
is applying for exempted gambling activity within the township
limits. (A township has no statutory authority to approve or
deny an application, per Minn. Statutes, section 349.166.)
Local unit of government must sign.
Print Township Name:
Signature of Township Officer:
Title: Date:
Chief Executive Officer's Signature
The information provided in this application is complete and accurate to the best of my knowledge. I acknowledge that the financial
report will be completed and returned to the Board with'n 30 days of the event date.
Chief Executive Officer's Signature: �c.l.�.�.`� Date: � I�� �'1
`� C �` '�► (
Print Name: � ��o+fp Q Vr•i
Requirements
Complete a separate application for: Financial report and recordkeeping required.
• all gambling conducted on two or more consecutive days, or A financial report form and instructions will be sent with your
• all gambling conducted on one day. permit, or use the online fill-in form available at
Only one application is required if one or more raffle drawings are www.mn.gov/gcb.
conducted on the same day.
Within 30 days of the event date,complete and return the
Send application with: financial report form to the Gambling Control Board. Your
a copy of your proof of nonprofit status, and organization must keep all exempt raffle records and reports for
application fee (nonrefundable). If the app�ication is 3-1/2 years (Minn. Statutes, section 349.166, subd. 2(f)).
postmarked or received 30 days or more before the event,
the application fee is$50; otherwise the fee is $100. Make Questions?
check payable to State of Minnesota. Call the Licensing Section of the Gambling Control Board at
651-539-1900.
To: Gambling Control Board This form will be made available in alternative format(i.e. large
1711 West County Road B, Suite 300 South print, Braille) upon request.
Roseville, MN 55113
Data privacy notice: The information requested application. Your organization's name and ment of Public Safety;Attorney General;
on this form(and any attachments)will be used address will be public information when received Commissioners of Administretion,Minnesota
by the Gambling Control Board(Board)to by the Board. All other information provided will Management&Budget,and Revenue;Legislative
determine your organization's qualifications to be private data about your organization until the Auditor,national and international gambling
be involved in lawful gambling activities in Board issues the permit. When the Board issues regulatory agencies; anyone pursuant to court
Minnesota. Your organization has the right to the permit,all information provided will become order; other individuals and agencies specifically
refuse to supply the information; however,if public. If the Board does not issue a permit,all authorized by state or federel law to have access
your organization refuses to supply this information provided remains private,with the to the information; individuals and agencies for
information,the Board may not be able to exception of your organization's name and which law or legal order authorizes a new use or
determine your organization's qualifications and, address which will remain public. Private data sharing of information after this notice was
as a consequence, may refuse to issue a permit. about your organization are available to Board given; and anyone with your written consent.
If your organization supplies the information members,Board staff whose work requires
requested,the Board will be able to process the access to the information; Minnesota's Depart-
Regular Meeting of the
Golden Valley Planning Commission
July 28, 2014
A regular meeting of the Planning Commission was held at the Golden Valley City Hall,
Council Chambers, 7800 Golden Valley Road, Golden Valley, Minnesota, on Monday,
July 28, 2014. Chair Kluchka called the meeting to order at 7 pm.
Those present were Planning Commissioners Baker, Blum, Kluchka, Segelbaum and
Waldhauser. Also present was Community Development Director Mark Grimes, City
Planner Jason Zimmerman and Administrative Assistant Lisa Wittman. Commissioners
Boudreau-Landis and Cera were absent.
1. Continued Item — Informal Public Hearing — General Land Use Plan Map
Amendment— 305 and 345 Pennsylvania Avenue South — CPAM-54
Applicant: City of Golden Valley
Addresses: 305 & 345 Pennsylvania Avenue South
Purpose: To change the designation on the General Land Use Plan Map from
Low Density Residential to Medium Low Density Residential for the
property at 305 Pennsylvania Ave. S. and from Mixed Use to Medium
Low Density Residential for the property at 345 Pennsylvania Ave. S.
2. Continued Item — Informal Public Hearing — Property Rezoning — 305 and 345
Pennsylvania Avenue South —Z018-04
Applicant: Lake West Development, LLC
Addresses: 305 & 345 Pennsylvania Avenue South
Purpose: To rezone the property at 305 Pennsylvania Ave. S. from Single
Family Residential (R-1) to Medium Density Residential (R-3) and to
rezone the property at 345 Pennsylvania Avenue South from I-394
Mixed Use to Medium Density Residential (R-3)
3. Continued Item — Informal Public Hearing — Preliminary PUD Plan Review—
Laurel Ponds, PUD #117
Applicant: Lake West Development, LLC
Address: 305 and 345 Pennsylvania Avenue South
Purpose: To allow for a 30-unit, detached townhome development
Minutes of the Golden Valley Planning Commission
July 28, 2014
Page 2
The Informa/Public Hearings for Items 1, 2 and 3 were combined as was the
discussion.
Zimmerman reminded the Commissioners that these public hearings were tabled at their
last Planning Commission meeting. He explained the applicant's proposal to construct 30
detached townhomes on the properties located at 305 and 345 Pennsylvania Avenue
South. As a part of the proposal both of the properties need to be re-guided on the
General Land Use Plan Map to the Medium Low Residential designation and rezoned to
Medium Density (R-3) Residential.
Zimmerman reviewed some of the issues discussed at the July 14 Planning Commission
meeting including: the installation of a sidewalk along Pennsylvania Avenue, the inclusion
of additional green space, a reduction in the number of driveways accessing
Pennsylvania Avenue, the relocation, or clarification of the water and sanitary sewer lines,
access to the Workabilities site to the east, and the use of an existing City easement
along the south end of the property. He explained that the existing, 55-foot wide
easement was established in 1978 as part of the Laurel Avenue Greenbelt, and that it
also extends along the Workabilities site. He added that the easement agreement states
that no structures or improvements of any type shall be permitted.
Zimmerman discussed some of the outstanding concerns and issues including: the
reduction in density or the consolidation of some of the units in order to obtain additional
green space and some distance between homes, the rear and side yard setbacks for the
proposed northernmost homes, the setbacks from the internal roadway for the
easternmost homes, the construction of public versus private streets, and the creation of
a development schedule and construction phasing plan.
He stated that staff is recommending approval of the General Land Use Plan Map
Amendment, the Zoning Map Amendment and the Preliminary PUD Plan, subject to the
conditions outlined by Planning, Engineering, and Fire.
Kluchka asked if parking is allowed on both sides of Pennsylvania Avenue. Zimmerman
said yes, and added that allowing parking on both sides of the street will slow traffic. He
said that staff doesn't see a great benefit in having the proposed bump-out parking areas.
Waldhauser asked if the bump-out parking spaces would be for the Laurel Ponds use
only. Zimmerman said he thinks that is the intent.
Zimmerman referred to the proposed access to the Workabilities site and stated that it
could be open during construction, and for emergencies, but through traffic and snow
storage would not be allowed, and it would need to be maintained year-round.
Zimmerman referred to the existing drainage, open space and walkway easement along
the south end of the property. He said the applicant is not inclined to take out lots in the
center of the project, but is more inclined to create a "beefed-up" green area at the corner
of Pennsylvania and Laurel Avenues.
Minutes of the Golden Valley Planning Commission
July 28, 2014
Page 3
Kluchka referred to the 15-foot setback requirement for the proposed parking spaces on
the east side of the site, and asked if that applies to both the Laurel Ponds property and
the Workabilities property. Zimmerman said it does apply, however, the Laurel Ponds
property could vary from the requirement because it is a PUD. The Workabilities property
would need the variance because it is not a part of the PUD.
Zimmerman referred to the southern portion of the property and discussed the concerns
about the lack of a turnaround area at the Workabilities access site. He stated that
anyone using that southernmost roadway would have to use a private driveway in order to
turn around. He suggested that with some design changes, or perhaps attaching some of
the proposed units, there might be better results in regard to the turnaround area.
Zimmerman referred to the proposed private roadways and explained that the PUD
ordinance says that streets shall be public unless granted a waiver. He said staff is
concerned about allowing private streets unless all the maintenance and access issues
are very clear.
Kluchka suggested that the language in the condition regarding the sidewalk along
Pennsylvania Avenue be changed from "shall consider" installing a sidewalk to "will
install" a sidewalk. He also suggested that the language regarding the prohibiting of
fences be changed to state that fences "shall be prohibited."
Segelbaum asked how the park dedication fees will be used. Zimmerman stated that park
dedication funds go into a general park fund, and aren't earmarked for specific projects.
Segelbaum asked how this proposal deviates from the requirements in the R-3 zoning
district. Zimmerman stated that the applicant is proposing a smaller setback along
Pennsylvania Avenue, and the lot sizes are smaller. He added that the Zoning Code
doesn't have language regarding detached townhomes. Waldhauser said she is most
concerned about the effects on adjoining residential properties.
Segelbaum asked if there is precedent of reducing easements to allow for development.
Grimes stated that the City has, in the past, vacated easements that are no longer
needed. Blum asked how many properties along Laurel Avenue have this easement.
Zimmerman said the 55-foot wide easement is on this property, the Workabilities property
to the south, and continues for quite a ways on Laurel Avenue for the green belt.
Don Jensen, Lake West Development, LLC, Applicant, referred to the questions regarding
the use of the easement area. He stated that the City has done nothing with this area
since 1978 and he hasn't been able to find any documents, or plans regarding the use of
the easement area. He referred to the discussion about having a green area as part of his
proposal, and his conclusion is that there is no need for park space on this site because
there are existing connections to other, nearby parks. He showed the Commissioners
elevations of the proposed houses and stated that plans could maybe be redesigned to
address the lack of a turnaround area on the southern portion of the site. He discussed
the use of the easement, and explained how they could design the stormwater pond and
Minutes of the Golden Valley Planning Commission
July 28, 2014
Page 4
the landscaped corner of Laurel and Pennsylvania Avenues all within a 45-foot area. He
discussed the concerns about private roads and stated that the development will not work
with public streets instead of private drives.
Waldhauser asked if there could be parking on the internal roads. Jensen said parking
would be allowed on one side of the road.
Waldhauser asked how the surface water would flow through the site. Jensen referred to
a grading plan of the site and explained how the water runs off the site. He added that
there will be drain tile installed as well.
Waldhauser asked if more trees could be planted going east and west on the site. Jensen
said yes.
Segelbaum asked Jensen why he needs to have private streets to make the development
work. Jensen said all medium and high density projects have private drives. He stated
that connecting the units with private drives is the proper way to do it, because public
streets would wipe out the developable area, and wouldn't connect to anywhere else.
Segelbaum referred to the landscaping plan for the southwest corner and asked Jensen if
he would be installing the landscaping, or if the City would. Jensen said that they would
install the landscaping, but he would like to talk to the Parks Department about the City
installing additional items such as signage, kiosks, trellises, or things that might match the
City's existing street furniture or theme. He added that he would also be extending the
sidewalk along Pennsylvania Avenue from their site to Laurel Avenue, but not over to
Western Avenue.
Segelbaum said he is concerned about the existing homes directly across the street on
Pennsylvania Avenue if the proposed new homes are only set back 13 feet from property
line. Jensen stated that the neighbors in attendance at the neighborhood meetings did not
express concern about that. He added that the proposed new homes will be 13 feet from
the property line, but approximately 20 feet from the curb.
Kluchka said he would feel more comfortable with the project if the parking bays on
Pennsylvania Avenue were removed.
Baker noted that the applicant has said the City could install additional landscape features
on the southwest corner. He questioned if the applicant would be willing to install those
additional landscape features.
Waldhauser said she would like some of the houses to be smaller in size. She referred to
the easement area and said she thinks reducing the size of the easement area and
installing additional landscaping would be a trade-off for the lack of green space within the
development. Segelbaum agreed that what is being proposed might be the best
opportunity to get additional green space. Kluchka said he doesn't think "beefing up" the
southwest corner is enough of a trade-off, and he would like to see better quality in the
Minutes of the Golden Valley Planning Commission
July 28, 2014
Page 5
landscape design and maybe a walkway around the pond. Baker said he wants to be sure
there is quality landscaping installed as well, and he would like to see a more detailed
landscape plan before the Planning Commission recommends approval. Kluchka
suggested that a condition stating that the easement reduction request will be considered,
pending an enhanced landscaping plan, subject to Planning Commission review and City
Council approval, at the time of the Final PUD Plan submittal.
Waldhauser suggested a condition be added stating that final approval will be contingent
on quality design and materials used. Grimes stated that the homes will be built in stages,
so it would be difficult to enforce the design of each home. Waldhauser suggested
guidelines. Kluchka suggested that a list of building materials be approved.
Kluchka suggested a condition be added stating that the sidewalk shall continue along the
east side of the property all the way to Laurel Avenue.
Jensen asked that the words "landscaping framework" be used instead of specifying the
landscaping materials.
Waldhauser reiterated that she would like there to be greater diversity in the size and
price of the units in return for consideration of the reduction of the easement area,
setbacks, and allowing private streets. Kluchka stated that the market will generate
diversity as well. Baker said he wants this kind of discussion when the Comprehensive
Plan is next updated because these types of discussions are lacking on this Commission.
MOVED by Waldhauser, seconded by Blum and motion carried unanimously to
recommend approval of rezoning the property at 305 Pennsylvania Ave. S. from Single
Family Residential (R-1) to Medium Density Residential (R-3) and to rezone the property
at 345 Pennsylvania Avenue South from I-394 Mixed Use to Medium Density Residential
(R-3)
MOVED by Waldhauser, seconded by Baker and motion carried unanimously to
recommend approval of changing the designation on the General Land Use Plan Map
from Low Density Residential to Medium Low Density Residential for the property at 305
Pennsylvania Ave. S. and from Mixed Use to Medium Low Density Residential for the
property at 345 Pennsylvania Ave. S.
MOVED by Kluchka, seconded by Waldhauser and motion carried unanimously to
recommend approval of the Preliminary PUD Plan for Laurel Ponds, PUD #117 subject to
the following findings and conditions.
Findinqs:
1. The PUD plan is tailored to the specific characteristics of the site and achieves a
higher quality of site planning and design than generally expected under
conventional provisions of the ordinance.
Minutes of the Golden Valiey Planning Commission
July 28, 2014
Page 6
2. The PUD plan preserves and protects substantial desirable portions of the site's
characteristics, open space and sensitive environmental features including steep
slopes, trees, scenic views, creeks, wetlands and open waters.
3. The PUD plan includes efficient and effective use (which includes preservation) of
the land.
4. The PUD plan results in development compatible with adjacent uses and is
consistent with the Comprehensive Plan and redevelopment plans and goals.
5. The PUD plan is consistent with preserving and improving the general health, safety
and general welfare of the people of the City.
6. The PUD plan meets the PUD Intent and Purpose provision and all other PUD
ordinance provisions.
Conditions:
1. The plans prepared by EVS, dated 6/13/14 submitted with the application shall
become a part of this approval.
2. The recommendations and requirements outlined in the memo from the
Engineering Division to Mark Grimes, Community Development Director, dated July
10, 2014, shall become a part of this approval.
3. The recommendations and requirements outlined in the memo from the Fire
Department to Mark Grimes, Community Development Director, dated July 7, 2014,
shall become a part of this approval.
4. The Applicant shall submit a lighting plan as part of the Final PUD Plan set.
5. All principal buildings shall conform to the rear and side property setbacks when
adjacent to a single family zoning district as outlined in Section 11.55, Subd.
3(C)(1).
6. No buildings shall be located less than fifteen feet from the back of the curb line for
roads that are part of the internal road system as outlined in Section 11.55, Subd.
3(C)(2).
7. Unless a wavier is granted by the City, any streets constructed within the
development shall be public streets as required in Section 11.55, Subd. 6(A)(6).
8. The Applicant shall install sidewalks along Pennsylvania Avenue running the length
of the property and on the east side of the property south to Laurel Avenue.
9. The easement reduction request from 55 feet to 45 feet will be considered pending
review of an enhanced landscaping plan.
10. The Applicant shall prohibit the installation of fences within the development.
11. The Applicant is encouraged to explore a range of housing types and designs.
12. Building materials shall be reviewed by the City prior to Final Plan approval.
13. Permits to construct parking bays on the property at 7400 Laurel Avenue shall be
obtained by that property owner and shall not be located closer than fifteen feet to
the side property line, as required in Section 11.47, Subd. 6(B), unless a variance is
obtained.
14. Any cross parking agreements that are created shall be submitted to the City for
review and shall be recorded with the Final Plat.
15. The Final Plat shall include "P.U.D. No. 117" in its title.
16. The City Attorney shall determine if a park dedication fee is required for this project
prior to Final Plan approval.
Minutes of the Golden Valley Planning Commission
July 28, 2014
Page 7
17. All signage must meet the requirements of the City's Sign Code (Section 4.20).
18. This approval is subject to all other state, federal, and local ordinances, regulations,
or laws with authority over this development.
4. Informal Public Hearing — Minor Subdivision —4XXX Harold Avenue —
Fretham Twenty-Two — SU22-03
Applicant: Lake West Development, LLC
Address: 4XXX Harold Avenue
Purpose: To reconfigure the existing single family residential lot into finro new
single family residential lots.
Zimmerman referred to a site plan and explained that this proposal is the second part of a
three lot subdivision. The first half was at 400 Decatur Avenue North. He stated that both of
the lots in this proposal meet the minimum lot requirements in the Single Family R-1 zoning
district. Lot 1 would be 10,151 square feet in size, with 81 feet of width at the front setback
line, and Lot 2 would be 10,002 square feet, with 80 feet of width at the front setback line.
Segelbaum asked if survey's submitted by applicants are verified for accuracy. Zimmerman
stated that staff reviews surveys that are submitted, but rely on surveyors to submit accurate
numbers.
Segelbaum asked if this proposal meets the average width test recently discussed by the
Planning Commission. Zimmerman stated that he did not consider the average width of the
proposed new lots because the City Council recently amended the Single Family R-1 zoning
district to state that lot width is measured at the front setback line. Grimes added that under
today's Zoning Code, it meets all the requirements.
Don Jensen, Lake West Development, LLC, Applicant, said it was important to show the
building envelope on his plans and the practical results. He stated that the pie-shaped lots
in this proposal work because the garages fit in the front, and there will still be strong front
yard, and back yard space. Grimes added this proposal won't impact neighboring
properties.
Blum asked what will happen to the berm on the north side of Harold Avenue. Jensen said
most of it would be removed for drainage and driveways, but that they will re-work it as
much as possible.
Kluchka opened the public hearing. Seeing and hearing no one wishing to comment,
Kluchka closed the public hearing.
MOVED by Baker, seconded by Segelbaum and motion carried unanimously to
recommend approval of the Fretham Twenty-Two Minor Subdivision subject to the
following findings and conditions.
Minutes of the Golden Valley Planning Commission
July 28, 2014
Page 8
Findin s:
1. Both lots of the proposed subdivision meet the requirements of the R-1 Single Family
Zoning District.
2. The City Engineer finds that the lots are buildable.
3. The addition of the new lots will not place an undue strain on City utility systems.
Conditions:
1. The City Attorney will determine if a title review is necessary prior to approval of the final
plat.
3. The City Engineer's memorandum, dated July 7, 2014, shall become part of this
approval.
4. All applicable City permits shall be obtained prior to the development of the new lots.
5. Continued Discussion Regarding Lot Depth and Shape
Zimmerman noted that this is part of the on-going discussion about lot width, depth and
shape. He explained that the Zoning Code defines lot depth as the mean horizontal
distance between the front (street) line and the rear lot line. He stated that lots are not
required to be a certain depth; however, the rear yard setback requirement in the R-1
and R-2 zoning districts is determined using the lot depth (20% of lot depth). He stated
that Golden Valley's Subdivision Code uses the shortest distance between the front and
rear lot lines when calculating lot depth. He added that, similar to lot width, lot depth is
difficult to calculate for unusually shaped lots.
He discussed other communities' lot depth requirements, and noted that approximately
half of the surrounding communities he researched use the average depth, and the
other half use the shortest distance between the front and rear lot lines. He stated that
for cities using the average depth calculation, they define the rear yard setback as a set
distance, typically 25 feet, rather than a percentage. Using this method removes the
complication of calculating the average depth.
Zimmerman next discussed lot shape. He showed the Commissioners several
examples of past subdivision proposals, and explained four different tests he did on
each of the examples. The first the test requires the minimum lot width to be maintained
for a distance of 30% of the lot, the second test removes lot area from the total square
footage that doesn't have the minimum required width, the third test requires a minimum
width at the midpoint of the lot, and the fourth test is to use an "irregularity test" of
P2/A = X with a cutoff of 22 being too irregular.
Segelbaum asked if the current Subdivision Code permits variances. Grimes said the
Subdivision Code states that the requirements of the Zoning Code need to be met when
subdividing property.
Kluchka asked if a recommendation can be made stating that the Planning Commission
would like to have discretion, and not just rely on math, when reviewing subdivision
Minutes of the Golden Valley Planning Commission
July 28, 2014
Page 9
proposals. Baker said it would be hard to make a decision if there aren't any
requirements. Kluchka said he wants good math to use as a guideline, but he wants the
ability to have discretion. Zimmerman said he doesn't think state statutes allow for
discretion, but additional requirements could be put in the Zoning Code. Waldhauser
added that the more flexibility in the requirements, the more uncertainty property owners
have about what they own, and if they are able to subdivide their property. She said she
would prefer to use a set number, rather than the lot depth, to determine the rear yard
setback. Baker said he also likes the idea of a fixed number for the rear yard setback
requirement.
Baker said he would like to see more analysis of properties that required the minimum
lot width to be maintained for a distance of 30% of the lot. He said he also likes the
requirement that removes lot area from the total square footage that doesn't have the
minimum required width. Kluchka questioned if that would limit the buildable area. He
said he would like an opinion from the City Attorney about allowing the Planning
Commission to have more discretion when reviewing subdivision applications, or
possibly not having a public hearing if the Planning Commission doesn't have a choice
about recommending approval or deniat. Grimes stated that state statute requires cities
to have the public hearing process.
The consensus of the Planning Commission was to recommend that new lots not only
meet the minimum width (80 feet) at the front setback line (35 feet in the R-1 zoning
district), but maintain that width continuously to a point 70 feet into the lot. Also, to
modify the way in which rear yard setbacks are calculated in the R-1 and R-2 zoning
districts so that they are a set distance of 25 feet instead of a percentage of the total lot
depth.
--Short Recess--
6. Reports on Meetings of the Housing and Redevelopment Authority, City
Council, Board of Zoning Appeals and other Meetings
Waldhauser gave an update on a Bottineau meeting she attended.
Kluchka gave an update on the recent Community Center Task Force meeting that he
attended.
7. Other Business
• Discussion Regarding Recycling Centers
Zimmerman stated that the SIFCO site on Winnetka Avenue was being considered as a
possible location for a recycling center use. Staff realized that the Zoning Code
definition of a recycling center includes crushing, shredding, baling or compacting
Minutes of the Golden Valley Planning Commission
July 28, 2014
Page 10
materials such as auto bodies and scrap metal. The City Council has asked the
Planning Commission to discuss the need to update both the definition of recycling
centers, and the appropriateness of recycling centers as a permitted use in the Light
Industrial and Industrial Zoning Districts.
Kluchka asked if the Council is considering redeveloping that area. Zimmerman said
redeveloping that area is a discussion the Council wants to have. They also want to
determine what types of recycling centers to allow. Grimes added that he is concerned
about industrial properties that are located close to Single Family Residential properties.
Baker said he is convinced that there should be more than one category for recycling.
He said he also wants to be clear about what the City wants, and doesn't want. He
asked if the Council's mostly concerned about noise. Zimmerman said the concern is
noise, storage and the increased number of large trucks. Waldhauser agreed it would
be helpful to have defined categories. Grimes suggested requiring there to be a
minimum distance from Single Family residential properties.
The consensus of the Planning Commission was to create at least two categories for
recycling centers, one for low intensity typical household recyclable items, and one for
high intensity for more commercial or industrial items. The less intense uses could
potentially be allowed in the Light Industrial zoning district and the more intense uses
could be allowed in the Industrial zoning district. The Commission also recommended
defining a minimum distance that a recycling center must be from Single Family
residential properties, and to consider the possibility of allowing recycling centers with a
Conditional Use Permit.
• Council Liaison Report
No report was given.
8. Adjournment
The meeting was adjourned at 10:10 pm.
Charles D. Segelbaum, Secretary Lisa Wittman, Administrative Assistant
Golden Valley Human Services Fund (GVHSF) Meeting
Minutes
July 7, 2014
Present: Hilmer Erickson, Kathryn Frommer, Elissa Heilicher, Michael Herring, Alan
Ingber, Jennifer Rudolph, Connie Sandler, Peggy Watkins, Toots Vodovoz and Andrew
Wold. Also present: Jeanne Fackler, Staff Liaison.
Not Attending: Carolyn Kaehr and Craig McDaniels.
Call to Order: Wold called the meeting to order at 6:48 p.m.
Agenda Changes or Additions: No additions or changes to the agenda.
June 9 minutes: Erickson moved and Frommer seconded the motion to approve the
minutes from June 9. The motion passed unanimously.
Upcoming Events: July 11th — Golf Classic.
Sponsors: Checks have been received from Best and Flanagan, Preferred One,
Anonymous Donor, BNC Bank, Central Bank, Gurstel Chargo PA, Herring Legal PLLC,
Rudy Luther Toyota, Short Elliott Hendrickson Inc., and WSB & Associates.
Door Prize Solicitation: Members contacted businesses for door prizes. Prizes were
donated by Best Wishes Floral, Brookview Golf Course, City Looks Salon, Culver's,
Einstein Bagels, Good Day Cafe, Gigi's Cupcakes, Gurstel Chargo PA, Holiday Inn
Express, Kreative Acrylics, Massage Envy, MGM Liquors, Mort's Delicatessen, Pracna on
Main, Salon Halo, Smashburger, Tugg's Restaurant, and Vic's Restaurant
Food/Beverages: Crossroads Deti and Davanni's have been contacted.
Volunteers: Sandy Werts, the Volunteer Coordinator, has recruited volunteers to assist with
the event.
Other Business:
Fundraising Ideas: Events discussed were: Lawn Bowling Tournament during Valley Days,
a "block party" with food trucks and music, a ribfest cook-off. Members narrowed the event
to Lawn Bowling. September 13th is available for a tournament. Fackler will e-mail the
information to the members. Members will then decide whether to proceed with the event.
Application Packet: The approved application packet has been sent to the Communications
Department for posting on the website. Applications will be due August 22.
Solicitation Letter.�As of today, $10,454 has been received. Fackler presented the theme
for 2014. Members suggested using a colored envelope for the letter. Fackler and Sandler
will ask for quotes on the colored envelope.
Wold reminded the members that the next meeting is scheduled for Monday, September 8.
There will be no meeting in August.
Adjournment: Heilicher moved to adjourn the meeting, Vodovoz seconded the motion.
The meeting was adjourned at 7:48 p.m.
Respectfully submitted,
Andrew Wold, GVHSF Chair Jeanne Fackler, Staff Liaison
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Executive Summary For Action
Golden Valley City Council Meeting
September 16, 2014
Agenda Item
3. E. Authorization to Sign Legal Services Agreement with Chestnut & Cambronne, P.A. for
Prosecution Services
Prepared By
Stacy Carlson, Chief of Police
Summary
The City's legal services agreement with Chestnut & Cambronne, P.A. for prosecution services will
expire on December 31, 2014. A new agreement covering the 4 year period beginning January 1,
2015, and terminating December 31, 2018 has been negotiated. The service terms and conditions
for criminal prosecution work remains the same as the existing agreement. The agreement has
been amended to reflect that legal services performed concerning property forfeitures related to
criminal cases will not be billed on an hourly basis. This work will be billed on a contingency fee
basis, where net recovery would be paid 1/3 to the prosecuting attorney and 2/3 to the City of
Golden Valley. The financial terms of the new agreement call for an hourly rate of$125, plus
expenses. The annual fee cap is set at $161,000 in 2015, $165,000 in 2016, $169,000 in 2017 and
$172,000 in 2018, annually plus costs.
The City Council is asked to authorize the Mayor and City Manager to enter into a Legal Services
Agreement with Chestnut & Cambronne, P.A. for prosecution services for the period January 1,
2015 through December 31, 2018.
Attachments
• Correspondence from Chestnut & Cambronne, P.A. dated July 15, 2014 (2 pages)
• MNCIS Filings by Type of Offense - 2013 (6 pages)
• Legal Services Agreement (2 pages)
Recommended Action
Motion to authorize the Mayor and City Manager to execute a Legal Services Agreement with
Chestnut & Cambronne, P.A. for prosecution services for the period January 1, 2015 through
December 31, 2018.
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Stacy Carlson, Chief of Police
GOLDEN VALLEY POLICE DEPARTMENT
7800 Golden Valley Road
Golden Valley, Minnesota 55427
Re: Legal Services Agreement
Dear Chief Carlson:
Please find enclosed a proposed Legal Services Agreement for the four (4) years
commencing January, 2015 through the end of 2018. This is consistent and
nearly identical to the form of the previous Legal Services Agreement.
The few changes I want to note is that the cap on the annual fees are slightly
higher over the four (4) years. These really do not represent anything more
than inflationary �hanges.
We have also amended this contract to provide that we would no longer bill the
City hourly for work relative to property forfeitures such as vehicles, but would
do it on a contingency basis, two thirds (2/3) to the City, and one third (1/3) to
the prosecuting attorneys. In this manner the City only needs to pay for legal
fees relating to property forfeitures in the event there is a recovery.
If you have any questions regarding the Legal Services Agreement, the amounts,
or the term, please do not hesitate to give me a call.
We are very proud and happy with our long time relationship with the City of
Golden Valley and its Police Department, and want to do everything to be sure
that our Legal Services Agreement meets your needs.
Stacy Carlson, Chief of Police
GOLDEN VALLEY POLICE DEPARTMENT
July 15, 20134
Page 2
Finally, I enclose some portions of the data provided by Hennepin County
relative to Criminal Prosecution in the suburbs. I decided to provide this to you
to give a little background to you and any other members of the City staff or
council who may be interested in comparisons. I highlighted a number of Cities
that are comparable in terms of their total number of prosecutions, namely Eden
Prairie, Maple Grove, Minnetonka, and Plymouth.
Golden Valley prosecutes more than those other suburban communities in terms
of numbers, and also leads those communities in terms of overall disposition of
their cases. Golden Valley is one the highest of all of those cities in terms of
fines collected as well.
I call this to your attention because these comparison communities all have
prosecutorial contracts and financial obligations that are greater than Golden
Valley's, and in some cases substantially so. We know for a fact that Eden
Prairie and Minnetonka both have substantially higher prosecution costs, with
Minnetonka having two full time in house prosecutors. Furthermore, all of those
other communities are in areas where the general cross-section of the people
being prosecuted tend to have more money, whereas Golden Valley generally
has a larger percentage of Defendants in poverly, and are more often
represented by the Public Defender.
I am hoping that this comparison will be helpful to anyone who may be
interested so they can see that not only are we very effective in terms of being
compared to some much larger and wealthier communities, but the City pays
less for those superior prosecution services.
Again, let me know if you have any questions whatsoever.
Sincerely,
CHESTNUT CAMBRONNE PA �
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Enclosures
MNCIS Filings by Type of Offense — 2013
Misdemeanor and Gross Misdemeanor Filings listed by Prosecuting Agency. Offenses prosecuted by the Hennepin
County Attorney's Office have been removed as they were not administered at the Suburban Divisions.
Type of Offense
Prosecuting Agency Domestics DWI Criminal Traffic Parking Total
Bloomington 181 560 2,326 1,555 10 4,632
Brooklyn Center 114 327 1,230 585 13 2,269
Brooklyn Park 366 207 1,117 764 19 2,473
Champlin 42 82 208 281 1 614
Corcoran 7 27 15 29 0 78
Crystal 114 280 300 377 11 1,082
Dayton 8 9 17 38 0 72
Deephaven 4 37 22 58 1 122
Eden Prairie 51 318 359 489 3 1,220
Edina 40 195 279 1,665 6 2,185
Excelsior 6 72 31 40 3 152
Golden Valley 75 301 325 835 0 1,536
Greenfield 4 5 8 9 0 26
Greenwood 1 11 2 4 0 18
Hanover 3 2 2 0 0 7
Hassan 0 0 0 2 0 2
Hopkins 70 88 162 227 1 548
Independence 6 30 16 38 0 90
LMCD 0 22 79 0 0 101
Long Lake 7 9 16 11 0 43
Loretto 1 1 7 6 0 15
Maple Grove 78 394 437 512 3 1,424
Maple Plain 8 10 14 35 0 67
Medicine Lake 0 0 0 1 0 1
MNCIS Filings by Type of Offense — 2013
(continued}
Misdemeanor and Gross Misdemeanor Filings listed by Prosecuting Agency. Offenses prosecuted by the Hennepin
County Attorney's Office have been removed as they were not administered at the Suburban Divisions.
Type of Offense
Prosecuting Agency Totai
Domestics DWI Criminal Traffic Parking
Medina 6 61 49 72 0 188
Metropolitan Airport Commission 9 111 258 280 7 665
Minnetonka 66 183 361 635 15 1,260
Minnetonka Beach 0 3 1 6 0 10
Minnetrista 7 17 22 44 0 90
Mound 11 18 61 57 0 147
New Hope 62 87 156 290 12 607
Orono 10 56 56 138 0 260
Osseo 7 24 21 42 0 94
Plymouth 148 169 368 591 10 1,286
Richfield 82 332 518 611 3 1,546
Robbinsdale 55 183 256 619 13 1,126
Rockford 2 0 3 4 0 9
Rogers 31 50 118 163 3 365
Shorewood 7 57 20 40 0 124
Spring Park 7 13 14 29 0 63
St. Bonifacius 3 9 4 18 0 34
St. Louis Park 155 338 392 386 5 1,276
Tonka Bay 0 8 4 3 1 16
Wayzata 7 38 45 62 0 152
Woodland 0 4 3 5 0 12
Total 1,861 4,748 9,702 11,656 140 28,107
MNCIS Dispositions by Type - 2013
Non-Felony Dispositions
Prosecuting Agency Found or Acquittal/ Total
Pled Guilt Continued Dismissed
Bloomington 2,479 1,209 490 4,178
Brooklyn Center 1,213 397 364 1,974
Brooklyn Park 1,353 638 403 2,394
Champlin 308 181 113 602
Corcoran 50 15 10 75
Crystal 605 255 162 1,022
Dayton 51 13 10 74
Deephaven 85 15 11 111
Eden Prairie 689 422 158 1,269
Edina 942 1,121 89 2,152
Excelsior 90 35 10 135
Golden Valley 1,205 133 131 1,469
Greenfield 18 4 3 25
Greenwood 11 4 1 16
Hanover 3 1 2 6
Hassan 1 1 0 2
Hopkins 251 187 119 557
Independence 63 19 10 92
LMCD 76 14 6 96
Long Lake 23 9 3 35
Loretto 17 2 3 22
Maple Grove 979 142 141 1,262
Maple Plain 48 14 9 71
Medicine Lake 0 1 0 1
MNCIS Dispositions by Type — 2013
(continued)
Non-Felony Dispositions
Prosecuting Agency Found or Acquittal/ Total
Pled Guilt Continued Dismissed
Medina 141 19 16 176
Metropolitan Airport Commission 336 182 45 563
Minnetonka 867 171 118 1,156
Minnetonka Beach 9 4 2 15
Minnetrista 56 36 9 101
Mound 79 35 20 134
New Hope 264 250 89 603
Orono 139 84 27 250
Osseo 53 26 14 93
Plymouth 879 293 99 1,271
Richfield 1,048 190 171 1,409
Robbinsdale 785 199 107 1,091
Rockford 6 5 0 11
Rogers 218 86 39 343
Shorewood 69 29 15 113
Spring Park 25 21 10 56
St. Bonifacius 19 10 4 33
St. Louis Park 777 347 97 1,221
Tonka Bay 10 3 2 15
Wayzata 74 72 9 155
Woodland 7 0 0 7
Total 16,421 6,894 3,141 26,456
MNCIS Fines - 2013
Community Imposed Coilected Uncollected
Bloomington $187,485 $127,330 $60,155
Brooklyn Center $48,285 $26,422 $21,863
Brooklyn Park $54,404 $30,985 $23,419
Champlin $23,636 $16,400 $7,236
Corcoran $5,850 $4,591 $1,259
Crystal $42,135 $27,789 $14,346
Dayton $3,512 $3,242 $270
Deephaven $15,808 $11,331 $4,477
Eden Prairie $85,717 $63,139 $22,578
Edina $92,079 $73,333 $18,746
Excelsior $17,938 $12,419 $5,519
Golden Valley $147,005 $95,700 $51,305
Greenfield $1,318 $1,078 $240
Greenwood $3,200 $3,120 $80
Hanover $120 $0 $120
Hassan $17 $17 $0.00
Hopkins $21,358 $15,713 $5,645
Independence $7,338 $4,711 $2,627
LMCD $22,752 $19,792 $2,960
Long Lake $2,138 $1,818 $320
Loretto $3,514 $2,394 $1,120
Maple Grove $158,033 $107,809 $50,224
Maple Plain $2,939 $2,218 $721
Medicine Lake $0 $0 $0
All figures rounded to the nearest dollar
MNCIS Fines - 2013
(continued)
Community imposed Collected Uncollected
Medina $24,125 $19,604 $4,521
Metropolitan Airport Commission $43,624 $33,298 $10,326
Minnetonka $76,967 $55,458 $21,509
Minnetonka Beach $3,000 $2,240 $760
Minnetrista $8,083 $7,174 $909
Mound $7,481 $5,715 $1,766
New Hope $23,202 $15,287 $7,915
Orono $23,675 $16,964 $6,711
Osseo $8,322 $5,144 $3,178
Plymouth $103,483 $69,430 $34,053
Richfield $59,266 $41,886 $17,380
Robbinsdale $64,718 $35,659 $29,059
Rockford $840 $800 $40
Rogers $18,947 $14,745 $4,202
Shorewood $13,279 $11,987 $1,292
Spring Park $4,002 $2,738 $1,264
St. Bonifacius $2,054 $1,160 $894
St. Louis Park $69,919 $55,499 $14,420
Tonka Bay $2,280 $2,280 $0
Wayzata $11,955 $10,262 $1,693
Woodland $1,328 $1,070 $258
All figures rounded to the nearest dollar
LEGAL SERVICES AGREEMENT
THIS AGREEMENT, made and entered into this day of July, 2014, by
and between the City of Golden Valley, a Minnesota municipal corporation,
hereinafter referred to as "Golden Valley" and Chestnut Cambronne, PA,
hereinafter referred to as "Prosecuting Attorney".
WHEREAS, the parties hereto desire to enter into an Agreement regarding
prosecution services;
NOW THEREFORE, in consideration of the mutual promises of the
parties, Golden Valley and Prosecuting Attorney hereby agree:
1. Golden Valley hereby retains said Prosecuting Attorney to perform all of
the criminal prosecution work and property forfeitures related thereto, for
Golden Valley, and said Prosecuting Attorney agrees to do so under all
terms and conditions set forth herein.
2. For said services, Golden Valley agrees to pay Prosecuting Attorney at the
rate of One Hundred Twenty-Five and No/100 Dollars ($125.00) per hour
plus costs, such payment to be on a monthly basis as billed.
Notwithstanding, attorney fees charged to Golden Valley in the year 2015
shall not exceed One Hundred Sixty-One Thousand and No/100 Dollars
($161,000.00), annually plus costs. Attorney fees charged to Golden Valley
in the year 2016 shall not exceed One Hundred Sixty-Five Thousand and
No/100 Dollars ($165,000.00), annually plus costs. Attorney's fees charged
to Golden Valley in the year 2017 shall not exceed One Hundred Sixty-
Nine Thousand and No/100 Dollars ($169,000.00) annually, plus costs.
Attorney's fees charged to Golden Valley in the year 2018 shall not exceed
One Hundred Seventy-Two Thousand and No/100 Dollars ($172,000.00)
annually, plus costs.
3. During the term of the agreement, in the event there are changes in law or
court procedures that require the expenditure of significant time and/or
services not currently contemplated by the parties, Golden Valley and
Prosecuting Attorney agree to negotiate additional or other terms
acceptable to the parties.
4. Notwithstanding the foregoing, legal services performed for the City of
Golden Valley in the nature of vehicle or property Forfeitures, shall not be
billed on an hourly basis. The Prosecuting Attorney will be reimbursed for
its services on a contingency fee basis, wherein the net recovery of any
property Forfeiture, including vehicles, would be paid One-Third (1/3) to
the Prosecuting Attorney, and Two-Thirds (2/3) to Golden Valley.
5. The term of this contract shall be for four (4) years commencing
January 1, 2015, and terminating December 31, 2018.
IN WITNESS WHEREOF, the parties have, on the date first above-written,
executed this Agreement in duplicate, each of which shall be considered an
original.
THE CITY OF GOLDEN VALLEY CHESTNUT CAMBRONNE, PA
,_�-=,=----`-'__- -
— ,
_____--
__.___.-____ __
Its Mayor --—�` rancis J. Rondoni
Its City Manager
CI�� t�� ,��,;;.i, „�,�,�
� Administrative Services Llepartment
763-593-80131763-593-3969(fax)
�w�° ���
Executive Summary For Action
Golden Valley City Council Meeting
September 16, 2014
Agenda Item
3. F. Adopt Resolution for Joint Powers Agreement with City of Minneapolis to Establish
Responsibilities for Sale of Water and Sewer Services
Prepared By
Sue Virnig, Finance Director
Summary
Minneapolis sells water and sewer services to customers in Golden Valley. The two cities have
never entered into a formal joint powers agreement for this purpose. The attached joint powers
agreement with the City of Minneapolis will enable the City of Golden Valley to certify delinquent
utilities for the City of Minneapolis. The process of certification will coincide with the City of
Golden Valley's process for certification.
Attachments
• Resolution Approving the Joint Powers Agreement with the City of Minneapolis and City of
Golden Valley to Establish the Responsibilities for the Sale of Water and Sewer Services by the
City of Minneapolis within the City of Golden Valley (1 page)
• Joint Powers Agreement Between the City of Minneapolis and the City of Golden Valley to
Establish Responsibilities for the Sale of Water and Sewer Services within Golden Valley
(2 pages)
Recommended Action
Motion to adopt Resolution Approving the Joint Powers Agreement with the City of Minneapolis
and City of Golden Valley to Establish the Responsibilities for the Sale of Water and Sewer
Services by the City of Minneapolis within the City of Golden Valley.
Resolution 14-72 September 16, 2014
Member introduced the following resolution and moved its adoption:
RESOLUTION APPROVING THE JOINT POWERS AGREEMENT WITH THE
CITY OF MINNEAPOLIS AND CITY OF GOLDEN VALLEY TO ESTABLISH THE
RESPONSIBILITIES FOR THE SALE OF WATER AND SEWER SERVICES
BY THE CITY OF MINNEAPOLIS WITHIN THE CITY OF GOLDEN VALLEY
WHEREAS, Minneapolis sells utility services, such as water and sewer services to
customers in the City of Golden Valley; and
WHEREAS, the Cities wish to provide additional remedies for the collection of
charges from customers who live in the City of Golden Valley, but receive one or more
utility services from Minneapolis; and
WHEREAS, Minnesota Statutes 471.59 authorizes two or more governmental units
to enter into agreements to jointly or cooperatively exercise any power common to the
contracting Cities or any similar power; and
NOW, THEREFORE, BE IT RESOLVED the City Council approves the Joint Powers
Agreement between the City of Golden Valley and the City of Minneapolis.
Shepard M. Harris, Mayor
ATTEST:
Kristine 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 Mayar
and his signature attested by the City Clerk.
JOINT POWERS AGREEMENT
BETWEEN
THE CITY OF MINNEAPOLIS
AND
THE CITY OF GOLDEN VALLEY
TO ESTABLISH RESPONSIBILITES FOR THE SALE OF WATER AND SEWER
SERVICES WITHIN GOLDEN VALLEY
THIS AGREEMENT is entered into between the CITY OF MINNEAPOLIS, a
Minnesota home rule charter city and the CITY OF GOLDEN VALLEY, a Minnesota
statutory city, herein after collectively referred to as the "Cities".
RECITALS
A. Minneapolis sells utility services, such as water or sanitary sewer services, to
customers in Golden Valley.
B. The Cities wish to provide additional remedies for the collection of charges from
customers who live in Golden Valley, but receive one or more utility services from Minneapolis.
C. Minnesota Statutes § 471.59 authorizes two or more governmental units to enter
into agreements to jointly or cooperatively exercise any power common to the contracting parties
or any similar power.
NOW,THEREFORE, the Cities agree as follows:
1. PURPOSE. This Agreement shall establish the responsibilities of the Cities
concerning assessment against real property in Golden Valley of utility charges incurred by
customers receiving Minneapolis utility services at their Golden Valley property who have not
paid their applicable Minneapolis utility bill.
2. SALE OF UTILITY SERVICES. Minneapolis will continue to provide the
applicable utility service to customers in Golden Valley in accordance with existing practices
and agreements, except as modified herein. Usage of Minneapolis utility services by Golden
Valley customers shall be subject to the same usage rules imposed upon Minneapolis residents.
3. BILLING. Minneapolis will bill customers in Golden Valley for utility services
Minneapolis provides to customers in Golden Valley. The billing rate will be the Minneapolis
rate established for outside city customers. If the customer fails to pay a bill, Minneapolis will
notify Golden Valley. Upon receipt of such notification, Golden Valley will certify the unpaid
bill to taxes in accordance with Minn. Stat. Chapter 444 or other appropriate authority. Golden
Valley shall promptly transmit the proceeds to Minneapolis after they are received in the normal
course of property tax settlements.
4. WATER METERS. Minneapolis shall provide water meters at its customary
charge for customers in Golden Valley using Minneapolis water. Minneapolis shall also be
responsible for any necessary testing and replacement of the meters.
5. TERMINATION. Either party may terminate this Agreement upon 24 months
advance written notice to the other party.
FOR THE CITY OF MINNEAPOLIS
Dated: , 2014 Approved:
Department Head responsible for
Contract Monitoring for this contract
Countersigned:
Finance Officer Designee
Approved as to Form
By:
Assistant City Attorney
CITY OF GOLDEN VALLEY
Dated: , 2014 By:
Shepard M Harris, Mayor
By:
Thomas D Burt, City Manager
G���1 U� � ,�� -r��;
� �����
��., �.,.'�,� Planning Departrnent
763 593 8095/763 593 8109(fax)
Executive Summary For Action
Golden Valley City Council Meeting
September 16, 2014
Agenda Item
3. G. Approval of Conditional Extension for Filing of Plat and Submitting Final PUD Plan Application -
PUD #107 -The Towers at West End - Southwest Quadrant of I-394 and Highway 100- Duke Realty,
Applicant
Prepared By
Jason Zimmerman, Planning Manager
Summary
At the March 3, 2009, City Council meeting,the Council approved the Preliminary PUD Plan and
Preliminary Plat for The Towers at West End PUD No. 107. The Council has approved eleven
180-day extensions since the original Preliminary PUD approval.
The Preliminary PUD Plan and Preliminary Plat provide for the construction of a 4,000+space
parking deck attached to several office buildings that are located in St. Louis Park. Due to market
conditions, Duke is requesting an extension for the filing of their applications for the Final PUD Plan
and the Final Plat.
At this time, staff recommends that the extension of the PUD approval be a conditional 180
days. Staff will monitor the efforts by MCES and Duke to reach a conclusion on the permanent
location of the lift station, the forcemain alignment, and all other appurtenances needed for the
construction of the 1-GV-461 forcemain within the vicinity of the Duke property. All temporary and
permanent easements shall be identified, and all land shall be transferred in connection with the
project.
Duke shall demonstrate to the City of Golden Valley its good faith efforts to act in accordance with
the requirements of the PUD. Staff will report the status of Duke's progress with the MCES in 60
days (November 15, 2014). If adequate progress is being made to meet the terms of the PUD, the
Council may extend the PUD for an additional term not to exceed 120 days (January 14, 2015).
If adequate progress is not being made to meet the terms of the PUD,the Council may revoke any
further extension of the PUD preliminary approval beyond the first approximate 60 days.
Attachments
• Location Map (1 page)
• Letter from Duke Realty requesting an extension dated September 2, 2014 (1 page)
Recommended Action
Motion to approve an extension for submittal of the Final PUD Plan application and the Final Plat
for The Towers at West End, PUD No. 107 until January 14, 2015, subject to the following
conditions:
1. Duke shall submit cash deposits as requested by the City to cover legal and engineering costs
incurred by the City for consideration of the Preliminary Plan.
2. Duke will be financially responsible for road construction under TH 100 and intersection
improvements on the east side of TH 100 and traffic calming along the frontage road east of TH
100,to occur at the time building permits are applied for by Duke.
3. Duke shall cooperate with the Metropolitan Council Environmental Services (MCES) in the
construction of the 1-GV-461 Reliever project. The Reliever project is required to be
constructed by MCES to increase sanitary sewer capacity to serve Duke's West End
development and other future development in certain parts of Golden Valley and St. Louis Park.
MCES and Duke to reach a conclusion on the permanent location of the lift station, the force
main alignment, and all other appurtenances needed for the construction of the 1-GV-461 force
main within the vicinity of the Duke property. All temporary and permanent easements shall be
identified, and all land shall be transferred in connection with the project. If the City or MCES
determines that there has not been adequate cooperation from Duke,the City retains the right
to place additional conditions on future extensions to the Preliminary PUD Plan or the Final
PUD Plan.
4. Duke shall demonstrate to the City of Golden Valley its good faith efforts to act in accordance
with the requirements of the PUD. Staff will report the status of Duke's progress with the MCES
in 60 days. If adequate progress is being made to meet the terms of the PUD, the Council may
extend the PUD for an additional term not to exceed 120 days. If adequate progress is not being
made to meet the terms of the PUD, the Council may revoke any further extension of the PUD
preliminary approval beyond the first approximate 60 days. If Council finds that adequate
progress is being made to meet the terms of the PUD, the Council may permit the extension of
the PUD preliminary approval to continue for the remaining approximate 120 days.
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���� 7600 Utica Avenue South
Suite 250
������ Mir:neapolis.MN55416
952.543.2900
www_dukerealty.cem
September 2, 2014
Ms. Lisa Wittman
City of Golden Valley
7800 Golden Valley Road
Golden Valley, MN 55427
Re: Towers at West End
PUD Application Extension
Dear Ms. Wittman:
Please find enclosed Duke Realty's Check No. 8044928, in the amount of $150.00, for the
extension to submit our final PUD application for the Towers at West End project.
If you have any additional questions or comments, please contact me at 952-543-2970.
Regards,
DUKE REALTY CORPORATION
t� � �
� �_
Gary Gleason
Vice President, Construction
enclosure
c: Josh Budish, Duke Realty
File
C1�� 0�
Finance De artment
�
763-593-8013/763-593-8109(fax)
Executive Summary For Action
Golden Valley City Council Meeting
September 16, 2014
Agenda Item
3. H. Receipt of August 2014 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)
As of August 2014, the City of Golden Valley is using $637,827 of fund balance to balance the
General Fund Budget.
Attachments
• August 2014 General Fund Financial Reports - unaudited (2 pages)
• August 2014 Conservation/Recycling Fund - unaudited (1 page)
• August 2014 Water and Sewer Utility Fund - unaudited (1 page)
• August 2014 Brookview Golf Course- unaudited (1 page)
• August 2014 Motor Vehicle Licensing- unaudited (1 page)
• August 2014 Storm Utility Fund - unaudited (1 page)
• August 2014 Equipment Replacement Fund
Recommended Action
Motion to receive and file the August 2014 Financial Reports.
City of Golden Valley
Monthly Budget Report-General Fund Expenditures
August, 2014 (unaudited)
Over %
2014 August YTD (Under) Of Budget
Division Budget Actuai Actual Budget Expend.
001 Council $294,840 12,899 166,944 ($127,896) 56.62%
003 City Manager 762,980 57,625 440,376 (322,604) 57.72%
ooa Transfers Out 294,710 0 294,710 0 100.00% (1)
005 Admin. Services 1,676,280 324,430 1,141,850 (534,430) 68.12%
oos Legal 135,000 15,694 76,127 (58,873) 56.39% (2)
oo� Risk Management 300,000 0 202,970 (97,030) 67.66%
o�� General Gov't. Btdgs. 556,990 38,925 336,819 (220,171) 60.47%
0�6 Planning 346,195 14,500 201,889 (144,306) 58.32%
o�s Inspections 651,545 59,591 409,993 (241,552) 62.93%
022 Police 5,202,175 385,841 3,147,740 (2,054,435) 60.51%
023 Fire 1,200,190 88,822 710,132 (490,058) 59.17%
035 Physical Dev Admin 334,315 9,713 213,311 (121,004) 63.81%
o3s Engineering 691,880 37,506 319,280 (372,600) 46.15%
os� Streets 1,429,410 139,232 948,615 (480,795) 66.36%
os5 Community Center 74,100 2,925 34,574 (39,526) 46.66%
os6 Park& Rec.Admin. 679,345 50,755 418,621 (260,724) 61.62%
os7 Park Maintenance 1,051,490 92,897 688,436 (363,054) 65.47%
oss Recreation Programs 502,830 18,192 197,612 (305,218) 39.30% (3)
TOTAL Expenditures $16,184,275 $1,349,547 $9,949,999 ($6,234,276) 61.48%
(1)This transfer was made in June, 2014.
(2) Legal services are through July.
(3)Tennis program expenditures are lower due to contractual arrangement.
Monthly Budget Report-General Fund Revenues
August,2014
Percentage Of Year Completed 67.00%
Over %
2014 August YTD (Under) of Budget
Type Budget Actual Actual Budget Received
Ad Valorem Taxes $12,358,005 0 6,417,261 ($5,940,744) 51.93% (1)
Licenses 210,785 12,600 246,186 $35,401 116.79%
Permits 725,000 80,527 866,221 $141,221 119.48%
Federal Grants 0 6,360 13,860 $13,860
State Aid 255,390 10,145 149,092 ($106,298) 58.38% (2)
HennepinCountyAid 31,205 0 31,758 $553 (3)
Charges For Services:
General Government 45,050 (199) 24,169 ($20,881) 53.65%
Public Safety 163,870 16,820 108,057 ($55,813) 65.94%
Public Works 141,000 13,046 100,700 ($40,300) 71.42%
Park&Rec 525,270 36,688 249,626 ($275,644) 47.52% (4)
OtherFunds 981,500 68,704 685,998 ($295,502) 69.89%
Fines&Forfeitures 320,000 25,949 192,382 ($127,618) 60.12% (5)
Interest On Investments 100,000 0 0 ($100,000) 0.00% (6)
Miscellaneous Revenue 227,200 15,456 151,863 ($75,337) 66.84%
Transfers In 100,000 8,333 74,999 ($25,001) 75.00% (7)
TOTAL Revenue $16,184,275 $294,429 $9,312,172 ($6,872,103) 57.54%
City of Golden Valley
Monthly Budget Report-Conservation/Recycling Enterprise Fund
August 2014 (unaudited)
Over
2014 August YTD (Under) %
Budget Actual Actual Budget Current
Revenue
Hennepin County Recycling Grant 56,500 0 0 (56,500) 0.00%
Recycling Charges 332,400 28,611 185,783 (146,617) 55.89% (3)
Miscellaneous Revenues 9,000 0 0 (9,000)
Interest on Investments 5,000 0 0 (5,000) 0.00% (1)
Total Revenue 402,900 28,611 185,783 (217,117) 46.11%
Expenses:
Recycling 447,135 22,033 264,089 (183,046) 59.06% (2)
Total Expenses 447,135 22,033 264,089 (183,046) 59.06%
(1) Interest Earnings are allocated at year-end.
(2) Recycling Services are through July.
(3) Quarterly charges for recycling went from $10 to$12 after April.
City of Golden Valley
Monthly Budget Report-Water and Sewer Utility Enterprise Fund
August, 2014(unaudited)
Over
2014 August YTD (Under) %
Budget Actual Actual Budget Current
Revenue
Water Charges 4,251,750 443,761 2,217,112 (2,034,638) 52.15%
Sewer Charges 3,300,970 287,163 1,976,183 (1,324,787) 59.87%
Meter Sales 5,000 4,134 17,245 12,245 344.90%
MCES Grant Program 118,730 0 0 (118,730)
Penalties 110,000 1,876 89,883 (20,117) 81.71%
Charges for Other Services 230,000 48,635 479,428 249,428 208.45% (1)
State Water Testing Fee Pass Through 45,000 4,043 27,145 (17,855) 60.32%
Certificate of Compliance 70,000 9,310 61,125 (8,875) 87.32%
Interest Earnings 35,000 0 0 (35,000) 0.00%
Total Revenue 8,166,450 798,922 4,868,121 (3,298,329) 59.61%
Expenses:
Utility Administration 1,377,255 91,988 1,164,935 (212,320) 84.58%
Sewer Maintenance 2,488,530 182,732 1,515,185 (973,345) 60.89%
Water Maintenance 4,363,650 323,576 2,533,360 (1,830,290) 58.06%
Total Expenses 8,229,435 598,296 5,213,480 (3,015,955) 63.35%
(1)This includes MCES Grant Program for residential reimbursements of$294,242.
City of Golden Valley
Monthly Budget Report-Brookview Golf Course Enterprise Fund (3)(4)
August, 2014(unaudited)
Over
2014 August YTD (Under) %
Budget Actual Actual Budget Current
Revenue
Green Fees 880,780 150,047 571,072 (309,708) 64.84%
Driving Range Fees 105,000 18,091 86,333 (18,667) 82.22%
Par 3 Fees 173,200 26,324 84,166 (89,034) 48.59%
Lawn Bowling 18,730 3,351 3,351 (15,379) 17.89%
Pro Shop Sales 78,500 15,976 56,049 (22,451) 71.40%
Pro Shop Rentals 227,800 54,446 168,848 (58,952) 74.12%
Concession Sales 215,200 57,461 187,505 (27,695) 87.13%
Other Revenue 70,155 529 77,845 7,690 110.96%
Interest Earnings 6,000 0 0 (6,000) 0.00% (1)
Less:Credit Card Charges/Sales Tax (35,000) (5,529) (13,023) 21,977 37.21%
Total Revenue 1,740,365 320,696 1,222,146 (518,219) 70.22%
Expenses:
Goif Operations 655,995 59,619 452,594 (203,401) 68.99% (2)
Course Maintenance 778,840 62,114 446,929 (331,911) 57.38%
Pro Shop 105,705 6,951 87,556 (18,149) 82.83%
Grill 177,910 35,357 144,214 (33,696) 81.06%
Driving Range 48,075 6,595 29,748 (18,327) 61.88%
Par 3 Course 3,500 4,218 14,655 11,155 418.71%
Lawn Bowling 141,965 18,576 167,880 25,915 118.25% (5)
Total Expenses 1,911,990 193,430 1,343,576 (568,414) 70.27%
(1) Interest Earnings are allocated at year-end.
(2) Depreciation is allocated at year-end.
(3) Course opened April 9.
(4) Course closed on June 19 due to flooding. Reopened partially on June 25.
(5) Lawn Bowling opened August 15.
City of Golden Valley
Monthly Budget Report- Motor Vehicle Licensing Enterprise Fund
August 2014(unaudited)
Over
2014 August YTD (Under) %
Budget Actual Actual Budget Current
Revenue
Interest Earnings 3,800 0 0 (3,800) 0.00% (1)
Charges for Services 396,410 28,792 242,636 (153,774) 61.21%
Total Revenue 400,210 28,792 242,636 (157,574) 60.63%
Expenses:
Motor Vehicle Licensing 400,210 28,310 247,088 (153,122) 61.74%
Total Expenses 400,210 28,310 247,088 (153,122) 61.74%
(1) Interest Earnings are allocated at year-end.
City of Golden Valley
Monthly Budget Report-Storm Utility Enterprise Fund
August, 2014(unaudited)
Over
2014 August YTD (Under) %
Budget Actual Actual Budget Current
Revenue
Interest Earnings 45,000 0 0 (45,000) 0.00% (1)
Storm Sewer Charges 2,226,920 189,015 1,457,502 (769,418) 65.45%
Bassett Creek Watershed 998,800 0 0 (998,800) 0.00%
Miscellaneous Receipts 200,000 0 27,369 (172,631) 13.68%
State Grant-Other 0 0 0 0
Total Revenue 3,470,720 189,015 1,484,871 (1,985,849) 42.78%
Expenses:
Storm Utility 2,474,535 136,043 869,872 (1,604,663) 35.15% (2)
Street Cleaning 124,690 6,549 92,303 (32,387) 74.03%
Environmental Control 309,225 17,805 153,812 (155,413) 49.74%
Debt Service Payments 433,510 21,441 1,604,967 1,171,457 370.23% (3)
Total Expenses 3,341,960 181,838 2,720,954 (621,006) 81.42%
(1) Interest Earnings are allocated at year-end.
(2) Depreciation is allocated at year-end and. 2012 PMP and 2013 PMP are not complete.
(3)Refunded 2004C Issuance 5 years early.
2014 Equipment Replacement Fund(CIP)-Fund 5700
2014 Aug YTD
Budget Total Actual Remaining
Revenues:
Proceeds-Certificate of Indebtedness 750,000 0 747,600 (2,400)
SaleofAssets 35,000 500 54,636 19,636
Miscellaneous 0 93 149 149
Interest Earnings(allocated at year end) 17,394 0 0 (17,394)
Total Revenues 802,394 593 802,385 (9)
Expenditures:
Program# Project Number Project Name
5700 Bond Expenditures 0 0 15,240 (15,240)
5701 V&E-001 Marked Squad Cars(Police) 35,000 0 34,270 730
(1) 5702 V&E-002 Computers and Printers(Finance) 60,000 1,968 28,108 31,892
5703 V&E-003 Imaging System(Finance) 26,000 0 7,676 18,324
5712 V&E-012 Asphalt Paver(Street) 100,000 0 86,800 13,200
5733 V&E-019 Computer Servers 40,000 0 3,492 36,508
5742 V&E-069 Utility Tractor/Mower(Park) 25,000 0 31,303 (6,303)
5795 V&E-071 Pickup Truck(Park) 45,000 0 27,883 17,117
5800 V&E-084 Self Contained Breathing Apparatus(Fire) 300,000 0 264,781 35,219
5786 V&E-089 Sidewalk/Maintenance Tractor(Street) 158,000 0 138,093 19,908
5783 V&E-101 Unmarked Police Vehicle(Police) 30,000 0 35,189 (5,189)
5797 V&E-111 Dump Truck(Street) 80,000 25,531 70,120 9,880
Total Expenditures 899,000 27,499 742,955 156,046
(1)Computers are replaced every 4-5 years and purchased throughout the year based on available time.
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763-593-8095/763-593-8109(fax)
Executive Summary For Action
Golden Valley City Council Meeting
September 16, 2014
Agenda Item
3. I. Approval of Plat- Golden Valley Homes
Prepared By
Jason Zimmerman, Planning Manager
Summary
At the August 19, 2014, City Council meeting, the Council held a public hearing on the Preliminary
Plat for the minor subdivision of Golden Valley Homes (1001 Lilac Drive North). After the hearing,
Council approved the Preliminary Plat which will allow four new developable lots. The Final Plat
of Golden Valley Homes has now been presented to the City. Staff has reviewed the Final Plat and
finds it consistent with the approved Preliminary Plat and the requirements of City Code.
Attachments
• Resolution for Approval of Plat- Golden Valley Homes (1 page)
• Final Plat of Golden Valley Homes (1 page)
Recommended Action
Motion to adopt Resolution for Approval of Plat- Golden Valley Homes.
Resolution 14-73 September 16, 2014
Member introduced the following resolution and moved its adoption:
RESOLUTION FOR APPROVAL OF PLAT - GOLDEN VALLEY HOMES
WHEREAS, the City Council for the City of Golden Valley, pursuant to due notice,
has heretofore conducted a public hearing on the proposed plat to be known as Golden
Valley Homes covering the following described tracts of land:
Commencing at a point on the East line of Government Lot 1, Section 33, Township
118, Range 21, 835.9 feet South of Northeast corner of said Section 33, Township
118. Range 21; thence South 217.8 feet along East line said Section 33, thence
West at right angles to said East section line a distance of 333.0 feet; thence at right
angles North 217.8 feet, thence at right angles East 333.0 feet to the point of
beginning, according to the United States Government Survey thereof and situate in
Hennepin County, Minnesota.
Except that part of the above-described land shown as Parcel 14F on Minnesota
Department of Transportation Right of Way Plat No. 27-104.
WHEREAS, all persons present were given the opportunity to be heard.
NOW, THEREFORE, BE IT RESOLVED, by the City Council for the City of Golden
Valley, that said proposed plat be, and the same hereby is, accepted and approved, and
the proper officers of the City are hereby authorized and instructed to sign the original of
said plat and to do all other things necessary and proper in the premises.
Shepard M. Harris, Mayor
ATTEST:
Kristine A. Luedke, City Clerk
The motion for the adoption of the foregoing resolution was seconded by Member
and upon a vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted, signed by the Mayor
and his signature attested by the City Clerk.
GOLDEN VALLEY NOMES R.T. DOC. N0.
KNOW ALL PERSONS BY MESE PRESENTS: That Moz ZNo�aron,fee owner oi t�e following descrlCetl property I
Commencing at a poinl on the EaN Itne of Cowmment Lot 1,S�ction 33,TownMp 11&Ranga 21,835.9 feet SouN of NarNsaat eomer of said Section 33,Townsh(p 118,Ranq�21;thanee
Sauth 217.8 feet along East Ihe of said Sedian 33;thence Weat at right mglas to aaid Eaat necHon Iine a Eolonce of 333.0 feet;thence at right mgba NUN 217.8 feet;thence at ng�t I
anglm Eoet 333A faet to Ne point of baqfnnMg,aceardiny to 1Ma United 5!alea Go�mnmml Survey lhxeai and aftuate tn Hennepin Caunty.Minneaoia.
Exeept t�ot poA of the abovs-deewbetl IanC ehown aa Parcd 1�F m Minnmota Department of Traneportatbn Ri9ht of Way Vlot No.27-104. i
�I ` ��r---------------1��
Has caused the same to be surveyed and Dlotted ae GOLDEN VALLEY HOMES antl does hereby dedicate to l�e publlc for public use forever the drainage and utility easemmts os shown on lhis �` I
plot. � �.-`�,i �� I �6°�
In witness whereoi sold Max 2Nayaran,�as coused lhese presmts lo Oe siqned by its proper oitcer this_day oi 20_ I�������� ^` � I
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STAlE OF MINNESOTA �`Y'.; � I
CWNtt OF . .�� �l 'f � i I
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Tha fwagoing instrument woa acknoMetlged Defore me thls day of .20�by Maz ZNayaron,a Minnaeoto IlmNed IiaDility canpony,on beholt oi Me canpany. _F �
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Notory PuClic, County,Minnnota a �manumant eappeE t eappsA
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My Commias'wn expirn - �
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I,Eric R.Yckoryuus,do heraby certify that this plal wos prepared by me or unAer my direct supervision; thal I am a duly LicenseE Land Survayor in the State of Ninneeota;that this plot Is a � �8 6� ��� ,�
correcl represmtotion of the Doundary aurvey, lhat all mathemotkal data and IobNs orc cwrectly designoted on t�o plat;that all mon menls depicted on this plot hove Geen,w will be correcHy � I
eet withm one yeor,t�ot all w ter boundarin onE wet londa,as definetl in Minnceoto Slotutee,Seetion 505.01,Subd.3.ae of t�e dateuot this certif ate ore aliown and lobeled on Mis plot,and � � � I 1
all public woys ore shown ond labded on this ploL � I 1�
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DateO t�ls_tlay of .20_ F ' � I $I 4 � � i
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Minnesota Lkensa Number 44125 �` t` N IN g��� � N '_ I
STAIE OF MINNESOTA �-���" ��`�,� � ��� `�
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This instrument was ocknowledged�etore me t�is_day of .20�by Eric R.Yckoryous. ,��� � ��` I V ��'�s I
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,� ' � $ �I � _ _59.98_ _ _ _ _ _ 69.79_ _
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crTr couNa�,c�<v or caae�vausy,u����oio o I lo I I c i I
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ll�is plat of fALDEN VALLEY HOMES was opOrovetl antl accepted Dy l�e qty CouncN ot the CiTy of Golden Valley,Minnesoto ol a rogular meeting t�ereof hNtl t�fs doy of � �f __,
20_I(opplicable,the writlen comm is and recommmdalions ot the Commiesioner of Transportation and tne County Hiqhway Engineer have been roceived by t�e City«the prescriDed 30 \ '�' I Igz $� � G 3 � g C /
day period�os Napsed without rtteipt of�such commmts ond rttommendations,os provided by Minnesota Slatutn,Section,505.03,Subd.2. \\ ,��. I I NI I r 'z, � I
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aty co����i,c�cY o�caae�Valley,Minnesoto \ � I I � I �
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By Ma�or By Clerk 6� \\\ I II � � I i' (
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RESIDENT AND REAL ESTATE SERNCES,Hannepin Cwnty,Minnesota �� \ I I � � i I
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1 hereDy certi/y thal taxes poyaDle in 20_and priof yeafs Ilove baen paid for the land tleserlbed on thk plal,datM Uis_day of 20_ �� \ �� � — �6 8� — — — � i I
0 0 0 o`�B �
Mork V.Chapin,County Autlitor By Deputy \�\ \ ` 8��� �'% 8&7U �` I
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SURYEY DIVISION,Hennepin caro<Y,M����to \ N00°08'35"W I
Purauonl lo MN.STAT.Sec 3838.565(7969),Mis plat hoa 6een opproved thia_day of 20_ � _ _ �
�� ..��......'. � .. � �.._._ � � I
Chris F.MaNa,County Surveyor By \ I
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REGISIRAR OF TI7LE5,Hennepin Counly,Minnesota ���
�______ ______________________
I�ereby eMify that the wit�in plat of GOLDEN VALLEY HOMES was filed fn thie oMce t�ia_Eay of � � (
� � I
20�at o'clock .M.
— — II
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Martin MCCormi<k,Registrar of Titles By Daputy I I I
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DRAINAGE AND U7ILITY EASEMEN75 SHONN 7HUS `_�����i�/�� � I
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.
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The East line of Lot 5, Block 8, WOODLAWN PARK is assumed to o e--1 o I
have a bearing of North 00 degrees 05 minutes 48 seconds West. � _ J L - � - - _
- - - - - - - �
• Denotes monument found 1/2 fnch iron pipe, unless NO SGUE
OihefWi3B ShOWfI. B�NG 10 FEET IN N107H AND ADJOINING RId17-OF-WAY
UNES AND BEING 8 FEET IN WID7H AND ADJOINING LOT
p Denotes 1/2 inch by 14 inch iron monument set LINES,UNLE55 OTiERYASE SHOWN ON hIE PLAT. N ORTH
and marked by L.S. No. 44725.
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�ACRE LAI�8URVEYINQ �� ( �N��r>
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763-512-2345/763-512-2344(fax)
Executive Summary For Action
Golden Valley City Council Meeting
September 16, 2014
Agenda Item
3. J. Adopt Resolution Acceptance of Grant and Donation
Prepared By
Rick Birno, Director of Parks & Recreation
Summary
As adopted in the Donation/Gift Policy, a gift of real or personal property must be accepted by
the City Council by resolution and be approved by a two-thirds majority of the Council. A cash
donation must be acknowledged and accepted by motion with a simple majority. We have
prepared the attached resolution detailing various donors and their gifts for your consideration.
Attachments
• Resolution Accepting Donations on behalf of the City of Golden Valley (1 page)
Recommended Action
Motion to adopt Resolution Accepting Donations on behalf of the City of Golden Valley.
Resolution 14-74 September 16, 2014
Member introduced the following resolution and moved its adoption:
RESOLUTION ACCEPTING DONATIONS ON
BEHALF OF THE CITY OF GOLDEN VALLEY
WHEREAS, the City Council adopted Resolution 04-20 on March 16, 2004, which
established a policy for the receipt of gifts; and
WHEREAS, the Resolution states that a gift of real or personal property must be
accepted by the City Council by resolution and be approved by a two-thirds majority of the
Council. A cash donation must be acknowledged and accepted by motion with a simple
majority.
NOW, THEREFORE, BE IT RESOLVED that the City Council accepts the following
grants and donations on behalf of its citizens:
$2308.37 from friends of the Barrios family and Twin City Tennis Camps, Inc. for a
memorial bench at Seeman Park.
$750.00 from Twin City Tennis Camps, Inc. for Quick Start Tennis Lines at
Brookview Park, Lions Park, and Wesley Park.
$500.00 from the Golden Valley Community Foundation for the Brookview Ghoulish
Golf Halloween event.
$2,600.00 from Mary Towle for a memorial tree and memorial park bench at
Brookview Park.
Shepard M. Harris, Mayor
ATTEST:
Kristine A. Luedke, City Clerk
The motion for the adoption of the foregoing resolution was seconded by Member
and upon a vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted, signed by the Mayor
and his signature attested by the City Clerk.
city 0
golden MEMORANDUM
alley City Administration/Council
763-593-8003/763-593-8109(fax)
Executive Summary For Action
Golden Valley City Council Meeting
September 16, 2014
Agenda Item
3. K. Board/Commission Appointments
Prepared By
Shep Harris, Mayor
Summary
Each year the City Council conducts interviews with persons who have applied to serve on a
board and/or commission. After the interviews are conducted the Council makes their
appointments.
Recommended Action
Motion to make the following appointment:
Planning Commission
Andy Johnson 1 year term term expires- May, 2015
Human Rights Commission
Simon Gottlieb 2 year term term expires- May, 2016
Board of Zoning Appeals
Richard Orenstein 1 year term - regular member term expires- May, 2015
From:
Date: September 15, 2014 at 20:48:13 CDT
To: <asnopeggoldenvalleymn. oovv>
Subject: Subdivision Moratorium
Dear Mr. Snope,
I believe I understand the political and financial pressures you are under, as a city
council, to approve requests to subdivide properties. I certainly understand people's
desire to live in this neighborhood. It is culturally and environmentally diverse, very
close to downtown, and has great schools. I feel a responsibility to share those benefits
with others. I also feel a responsibility to do what I can to preserve what makes the
Tralee neighborhood what it is. It is that responsibility which compels me to write.
My husband and I live at 117 Paisley Lane, one of the properties that adjoins 221
Paisley Lane, where a property subdivision is planned.
Early last week we were sitting on our back deck when we heard a male pileated
woodpecker, then saw him in one of the trees in the wooded area between the two
properties. This entire summer we have had a family of sharp shinned hawks who have
nested here. And we first saw the great horned owl that lives and hunts in these woods
20 years ago, on the day we bought our house. Over the years we have regularly seen
fox, deer, and many other wildlife species.
Our house sits on a moderate slope, at the bottom of which there used to be a swamp.
That prior swamp is part of the yard of six properties. The area has standing water on
an occasional basis every year, and most springs it isn't dry until late in April. This past
spring it finally dried out in early June.
As you consider the moratorium tomorrow on further subdivision development I implore
you to consider a number of questions. First, if we continue to subdivide properties, how
do we ensure that the desirability of our neighborhoods remains? With respect to the
natural spaces within these properties, what is important for us—and you as the
stewards of our community—to preserve? What measures do you need to put in place
to do so? And finally, how will you ensure that they are implemented? Until these
questions are answered it is imperative that we institute a moratorium on further
subdivision by developers.
Respectfully,
Lois Lenarz
From: Diane Richard
Date:September 15, 2014 at 18:55:40 CDT
To: "asnope@goldenvallevmn.gov" <asnope@goldenvalleymn.gov>
Subject: FW: Meeting tomorrow 9-16-14
Dear Council Member Snope—
I'm writing in advance of tomorrow's City Council meeting regarding the agenda item to review the
proposed sub-division moratorium. I encourage you to vote "Yes"to the moratorium—this will allow the
Council and the staff the necessary time to review the concerns brought forward by both the residents
of Tralee and Tyrol Hills: Green space (trees and wildlife), density, minimum lot size, set backs, "magic
math," run off, and architectural style guidelines to ensure that new developments fit harmoniously
with the terrain and existing neighborhood character.All of these points will support the existing
Comprehensive Plan.
Here is a copy of our original petition. All of these folks stand behind you to vote "Yes" to the
moratorium.
Thank you for the work you do to preserve the Golden Valley of today and tomorrow! We'll be watching
from home.
Sincerely,
-Diane Richard
217 Paisley Lane
Golden Valley, MN 55422
Diane Richard
Director of Human Resources
MINNETROMX
From: Michael Alexin ,
Sent: Sunday,September 14, 2014 9:03 PM
To: Harris, Shep; Clausen,Joanie; Fonnest, Larry; Schmidgall, Steve; Snope, Andy
Cc: MARKS DIETZ; ; Damon&Angelique Struyk;
Kim Wolson And Norm
Subject: North Tyrol Pending Subdivisions
Dear Mayor Harris and esteemed members of the City Council:
I am writing to express my sincere thanks for your support of a moratorium on residential subdivisions in
Golden Valley. We in the North Tyrol community appreciate your careful consideration of the
appropriate lot sizes necessary to preserve the beautiful, spacious and wooded character of many areas
of Golden Valley, especially the Sunnyridge/Meadow Lane neighborhood of North Tyrol hills. Our
community is unique its natural beauty, privacy and proximity to downtown Minneapolis, which is why
many of us chose to buy and reside here.
I have owned my home at 208 Sunnyridge Circle for nearly thirteen years, and have been very dismayed
by several recent developments that disrespect the character of our community. First, last year,the
Minneapolis Parks Board allowed the cutting and removal of hundreds of healthy trees behind my home
in Wirth Park to build a massive, oversized mountain-bike course. The trail unnecessarily was placed 25
yards from my patio, and after many meetings and emails,the Parks Board has declined to make any
alterations to the trail to restore some of my lost privacy and reduce the constant noise.
Next,the beautiful estate at the corner of Meadow Lane and Glenwood Ave. was carved up into tiny lots
more befitting of South Minneapolis. Now the same developer is looking to profit from the division of
two more wooded plots in our immediate neighborhood: 221 Sunnyridge Lane and 200 Meadow Lane
North. If these both are allowed to proceed,the character and desirability of our community may be
negatively affected forever.
I urge you to please act now to table the most recent additional request to subdivide 200 Meadow Lane
North (into THREE build-able lots)-- before the damage is done. This will ensure that whatever happens
there will be in line with your current thinking and direction in lot size. I also would like to request your
consideration of a 15,000 square foot minimum build-able lot size for any further subdivisions, including
the proposed subdivision of 200 Meadow Lane North.
Thank you for listening and for your consideration. This issue is of major importance to many of us in
North Tyrol Hills.
Respectfully submitted,
Michael E.Alexin
208 Sunnyridge Circle
Sent from my iPad
From: Tom Hoffmann
Date: September 14, 2014 at 16:02:38 CDT
To: Shep Harris <sharriskgoldenvalleymn.gov>, Joanie Clasen
<jclausen(a�goldenvalleymn.gov>, Steve Schmidgall <sschmidgalIggoldenvalleygov>, Larry
Fonnest<lfonnestgjzoldenvalleymn.gov>, Andy Snope <asnoye j,goldenvalleymn.gov>
Subject: Residential Subdivision Moratorium
September 14, 2014
Members of the Golden Valley City Council:
We are following up on our letter of last week that expressed our concerns about recent and
planned residential subdivisions and their negative impact on Golden Valley
neighborhoods. Thank you for your support of a moratorium while the City conducts a
community-based study of potential changes in the City's Zoning Code.
We understand that Tuesday evening the Council will continue its discussion of the moratorium
and its implementation. We believe several things are critically important for the Council to
consider. First, the study must be thoughtful, comprehensive, and community-based, actively
involving neighborhoods and citizens. The study cannot be rushed nor done half- heartedly.
Second, we believe that it is important that the moratorium be immediate and as inclusive as
possible, including those properties that may be part way through the approval process such as
200 Meadow Lane. We realize that may be inconvenient for some home owners and
developers. That inconvenience, however, is temporary, pending the completion of the
comprehensive study. Some of the proposed subdivisions may, of course, not meet the new
requirements that the study might propose. Moving ahead with the residential subdivisions
currently in the pipeline can never be undone. The impact on neighborhoods will be
forever. Temporary inconvenience versus permanent impact? The decision seems quite straight
forward. If some homeowners and developers threaten legal action, that frankly is the cost of
preserving the neighborhoods of Golden Valley.
We want to be clear that we are not against new development in our residential
neighborhoods. Golden Valley's neighborhoods and housing stock are aging, and it is critical
that we maintain them. Golden Valley has, in fact, adopted and enforces one of the strictest
building codes in the Twin Cities to ensure that homes and properties are maintained. That is
good.
There is also a long history of neighborhood renewal in Golden Valley and we support
that. Older houses are being renovated all the time. Some houses well past their useful lives
are torn down and replaced by newer structures. That is good too. What is important, however,
is that when houses are torn down,the houses replacing them must respect the fundamental
character of the neighborhood—the diversity of architecture, the open spaces and modest density
of neighborhoods, the green lawns and old trees of Golden Valley, and those other intangible
factors that make Golden Valley such a wonderful place to live. With only a few notable
exceptions,that has been the history and tradition of renewal in Golden Valley until the recent
spate of residential subdivisions. We have much to learn from our past as well as from the
mistakes currently being made in many neighborhoods in Minneapolis and St. Paul.
We urge you to extend the moratorium and to begin the community-based study
immediately. Doing so will preserve the best of Golden Valley and position the City well for
the future.
Terry Bock and Thomas Hoffmann
300 Ardmore Drive
Golden Valley, Minnesota 55422
From: Herder, Pamela
EIE
Sent: Tuesday, September 16, 2014 12:17 AM SEP 16 2014
To: Harris, Shep
Subject: Single family subdivision
I understand that the Council will be considering a six month moratorium on approving
applications for subdividing single family parcels Tuesday.
My father lived in a small home on a one acre lot surrounded by large homes on .25-.3 acre lots.
His home is 62 years old and needs to be razed. My father died July 7, 2014 of lung cancer at
100 years old.
His wish was to die at home. It was very costly to support his choice. I removed all of the monies
from my 401 K to honor his wish in order to pay for home care providers, various medical
procedures that Medicare denied, delivery of meals, lawn care etc.
I am now near retirement myself with no monies in my 401 K. I relied on various emails and
discussions with the individuals in the City Planning Department that there should be no barriers
to subdividing my father's property. If I am unable to subdivide his property, builders are not
interested in purchasing the property. I relied on the words of the City Planners to my detriment
if the moratorium is approved. I cannot afford to carry his home through the winter not can
afford to pay the remainder of his bills.
If you decide on a moratorium, please give the community plenty of notice, meaning the
moratorium should commence next Spring.
If you commence the moratorium immediately, you will be financially devastating those of us
who made significant financial sacrifices relying on the words of the City Planners.
Thank you. Please forward to members of City Council.
Pamela Herder
(108 brunswick avenue north)
Sent from my iPhone
From: "Abramson, Norman M> ECEIE
Date: September 15, 2014 at 4:29:51 PM CDT SEP 16 2014
To: "'sharris(D-goldenvalleymn.gov"' <sharris�D-goldenvalleymn.gov>,
"'jclausen �goldenvalleymn.aov"' <iclausen(a-goldenvalleymn.gov>, BY:
"'Ifonnest(D_goldenvalleymn.gov"' <Ifonnest(_)goldenvalleymn.gov>
Cc: 'MARK S DIETZ'
Subject: 200 Meadow Lane subdivision
Dear Golden Valley City Council members who have expressed interest in a moratorium:
I live at 212 Sunnyridge Circle, which is about 100 yards from the 200 Meadow Lane block. I
previously wrote to the Council on August 28, 2014 in support of a moratorium on new
subdivisions and to stop the new proposed subdivision on the "200 Meadow Lane block." I now
write in advance of the September 16, 2014 open meeting in support of the moratorium you will
be considering at that meeting and to include the new subdivision on the 200 Meadow Lane
block within the scope of the moratorium.
I am pleased the Council will consider a moratorium on new subdivisions until after it has time to
create a development plan that weighs the impact and value of these subdivisions on the
neighborhood. As a part of the Council's study over the next six months, I hope that it will
consider changing the minimum lot size for any new subdivisions as increased minimum lot
sizes would address many of the concerns our neighbors have expressed and would be
relatively simply for the City staff to enforce. Our Tyrol Hills neighborhood strongly supports the
creation of a thoughtful development plan before any additional subdivisions are imposed on our
neighborhood.
am, however, disappointed that the Council has indicated that it may not apply the moratorium
to recently proposed subdivision on the 200 Meadow Lane block. The most recent proposal to
subdivide 200 Meadow Lane block creates two new subdivisions on the same block, with three
additional houses, and completely alters the forested nature of that block. I appreciate that the
Council would not stop developments that have been formally platted and are far along in their
implementation. However, the failure to apply the moratorium to developments that were just
recently proposed contradicts the very purpose of a moratorium.
The Council should apply the moratorium to any new subdivision proposals made in the last
month or give the public concrete reasons why the Council will not do so. The Council must
acknowledge that the issues of changing lot sizes and a moratorium have been discussed for
several months. When the Council was asked to revise the zoning code to accommodate new
subdivisions by eliminating the requirement of a minimum lot width, several neighbors proposed
that if the lot width requirement was to be removed, it could be replaced with a larger minimum
lot size, which would be an easier requirement for the City to administer. I wrote the Council at
that time to support the larger lot size as a compromise. I was thanked for my comments and
told that Council members were concerned with the number of new subdivisions. The Council
ultimately chose to address the developer's concerns by removing the minimum lot width, but
deferred the neighborhood's concerns regarding the new subdivisions and lot size. There is no
reason to not have the moratorium relate back to genesis of these discussions. To allow these
subdivisions to go through because preliminary papers were filed in the last weeks— as oppose
to assessing the subdivisions against the plan the Council will develop during the moratorium
period creates the strong possibility that subdivisions will be created that are not in the best
A
interest of Tyrol Hills. Imagine if the Council approved subdivisions that six months later are
found to be inconsistent with the long term comprehensive plan for Tyrol Hills. The City
shouldn't allow something now that in six months it may find inappropriate. More importantly,
any errors now cannot be corrected in six months. After the mature trees, wildlife and privacy
the existing homeowners have known for decades are bulldozed, there is no way to recreate the
uniqueness of the 200 Meadow Lane block or this community.
It is also my understanding that the planning commission addressed the new 200 Meadow Lane
subdivision only last week and questioned whether they should withhold consideration of it until
the council decided whether or not to implement its moratorium. The planning commission is an
advisory body to this Council. If the planning commission can consider whether to apply the
moratorium to existing plans last week, the Council surely can this week.
I am also concerned that Council members have informed several neighbors that it cannot apply
a moratorium to existing proposals. Has the City Attorney confirmed that it is impossible to
apply a moratorium to a recently proposed project? If not, the Council should have its attorney
clearly lay out all of the Council's options with regard to the moratorium's scope. A review of
Minnesota Statute § 462.355, subd. 4 shows it does not have any express language preventing
a moratorium from applying to a recently filed subdivision application:
Interim ordinance. (a) If a municipality is conducting studies or has authorized a
study to be conducted or has held or has scheduled a hearing for the purpose of
considering adoption or amendment of a comprehensive plan or official controls as
defined in section 462.352, subdivision 15.... the governing body of the
municipality may adopt an interim ordinance applicable to all or part of its
jurisdiction for the purpose of protecting the planning process and the health,
safety and welfare of its citizens. The interim ordinance may regulate, restrict, or
prohibit any use, development, or subdivision within the jurisdiction or a portion
thereof for a period not to exceed one year from the date it is effective.
Cases have allowed cities to impose temporary moratoriums to existing proposals, as long as
they are not "unreasonable, arbitrary or capricious." Pawn America Minnesota, LLC V. St. Louis
Park, 787 N.W.2d 565, 572 (Minn. 2010). In Duncanson v. Board of Supervisors of Danville
Township, 551 N.W.2d, 248 (Minn. Ct. App. 1996), the city enacted a moratorium on a feed lot a
month after learning of the project. The district court held that the township acted appropriately
in issuing a moratorium but held that the moratorium could not be applied to the existing
proposal. The Court of Appeals affirmed that the moratorium was lawfully imposed, but
reversed the district court and applied the moratorium to the existing proposal as the moratorium
was reasonable as it allowed the board to impose zoning laws to address "the growth and
quality of the community for an indefinite period in the future." Id. at 251. The Council has a
reasonable basis for imposing a moratorium—it wants to study the impact of new subdivisions
and whether additional or revised ordinances are needed. The question for the Council should
not be whether an application was filed, but whether the proposed destruction of forested space
to make three new smaller lots is consistent with the City's long term plans for Tyrol Hills and
the concerns of the neighborhood. There is no dispute that if the Council imposed the
moratorium only a few weeks earlier when the Council was deadlocked 2 to 2 with one absence
that the second subdivision for the 200 Meadow Lane block would have been subject to the
moratorium. To allow that new proposal to be exempt from the moratorium under these
circumstances would be unreasonable and arbitrary. While cases have held that moratoriums
can be issued too late to stop individual projects, those projects already had their preliminary
platting approved. See Semler Construct. v. City of Hanover, 667 N.W.2d 457, 462 (Minn. Ct.
App. 2003)(defining preliminary platting as including, among other things, beginning the grading
of the land and installing infrastructure). Here, the platting has not occurred and, to our
understanding, the lot developer has not even closed on the purchase of the property. The goal
should not be to help the developer out as the Planning Committee apparently said, but to
insure we have the right development. It is perfectly reasonable and appropriate to include such
a new project within the scope of the moratorium, especially given that the moratorium is only
six months. The Council should carefully review all its options with regard to the scope of the
moratorium and then decide if the unplatted new subdivision on the 200 Meadow Lane block,
which was publicly unveiled in the last few weeks, should proceed during the moratorium. We
think it should not.
Thank you for your consideration.
From: MARK S DIETZ � Inv=
Date: September 15, 2014 at 2:55:17 PM CDT
To: "sharris(a�goldenvalleymn.gov" <sharrisa-goldenvalleymn.gov>, SEP j 2014
"j clausena-goldenvalleymn.gov" <iclausen(a�goldenvalleymn.gov>, Sy;
"Ifonnest(cD-goldenvalleymn.gov" <Ifonnest _goldenvalleymn.gov>,
"sschmidgall(cD-goldenvalleymn.gov" <sschmidgall(Dgoidenvallevmn.gov>,
"asnope(D-goldenvalleymn.gov" <asnopea-goldenvalleymn.gov>
Subject: Petition to impose the subdivision moratorium in North Tyrol and including the
proposed 200 Meadow Lane Subdivision
Dear Mayor Harris and City Council Members:
I am following up on my letter of 2 weeks ago which expressed North Tyrol residents' concerns
about the planned residential subdivision at 200 Meadow Lane. We are writing to express our
sincere thanks for your support of a moratorium on residential subdivisions in Golden
Valley. We, in the North Tyrol community, appreciate your careful consideration of the
appropriate lot sizes necessary to preserve the beautiful, spacious and wooded character of the
Sunnyridge/Meadow Lane neighborhood. Our community is unique with its natural beauty,
privacy and proximity to downtown Minneapolis, which is why many of us chose to buy and
reside here for many years.
Attached to this letter is a petition, which has been circulated to and signed by over 150
homeowners, urging you to please act now to table the most recent additional request to
subdivide 200 Meadow Lane North— before the damage is done. Taking the time to study the
issue and determine if additional rules need to be imposed will ensure future subdivisions will be
in line with your strategic plan for what Golden Valley will be in the future, increased lot size,
conservation of mature trees which are native to the Wirth Park area and appropriate green
space.
Since the Council indicated it would consider a moratorium some two months ago, we are very
disappointed to learn more subdivisions (200 Meadow Lane) have been applied for and might
be considered before the imposition of a moratorium. To allow the 200 Meadow Lane
subdivision project to be exempt from the moratorium would be unreasonable and unfair to our
neighborhood and residents. I note the City's Planning Commission last week raised whether
the 200 Meadow Lane North subdivision should be deferred until the Council decided the
moratorium issue. The Planning Commission chose not to wait for the Council to act on the
moratorium so as "to not hold up the developer." The very purpose of a moratorium is to hold
taking permanent action until it is decided if this is action that is in the best interest of the City.
However, if the Planning Commission has the authority to stop a subdivision, the Council
certainly does too.
We (the North Tyrol neighborhood) are requesting your support to apply the moratorium on new
subdivisions, particularly 200 Meadow Lane, which has been filed since City Council's original
moratorium discussion.
Thanks you for your support of our North Tyrol neighborhood and its long-term existing
residents.
Respectfully submitted,
Mark S. Dietz
207 Sunnyridge Lane North
Golden Valley Minnesota 55422-5315
Thanks and have a great day.
REQUEST TO IMPOSE MORTORIUM ON NEIN SUBDIVISIONS
I support the City Council of Golden Valley's changing the Tyrol Hills'neighborhood minimum lot size for
any future subdivisions of existing lots to a lot size greater than the present 10,000 square feet. I further
support the Council staying its consideration of any new subdivisions before it addresses whether the
minimum lot size in Tyrol Hills should be greater than 10,000 square feet. As a resident of Tyrol Hills, a
detailed analysis by the Council,with input from the neighborhood,of what should be the appropriate
minimum lot size is important to me,given our neighborhood's history,wildlife,environment and
appeal. Since the Council indicated that it would consider a moratorium in the future, I am disappointed
to learn that more subdivisions have been applied for and might be considered before the imposition of
a moratorium.
NAME ADDRESS
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REQUEST TO IMPOSE MORTORIUM ON NEW SUBDIVISIONS
1 support the City Council of Golden Valley's changing the Tyrol Hills' neighborhood minimum lot size for
any future subdivisions of existing lots to a lot size greater than the present 10,000 square feet. I further
support the Council staying its consideration of any new subdivisions before it addresses whether the
minimum lot size in Tyrol Hills should be greater than 10,000 square feet. As a resident of Tyrol Hills,a
detailed analysis by the Council,with input from the neighborhood,of what should be the appropriate
minimum lot size is important to me,given our neighborhood's history,wildlife,environment and
appeal. Since the Council indicated that it would consider a moratorium in the future,I am disappointed
to learn that more subdivisions have been applied for and might be considered before the imposition of
a moratorium.
NAME ADDRESS
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REQUEST TO IMPOSE MORTORIUM ON NEW SUBDIVISIONS
I support the City Council of Golden Valley's changing the Tyrol Hills'neighborhood minimum lot size for
any future subdivisions of existing lots to a lot size greater than the present 10,000 square feet. I further
support the Council staying its consideration of any new subdivisions before it addresses whether the
minimum lot size in Tyrol Hills should be greater than 10,000 square feet. As a resident of Tyrol Hills, a
detailed analysis by the Council,with input from the neighborhood,of what should be the appropriate
minimum lot size is important to me,given our neighborhood's history,wildlife,environment and
appeal. Since the Council indicated that it would consider a moratorium in the future,I am disappointed
to learn that more subdivisions have been applied for and might be considered before the imposition of
a moratorium.
NAME ADDRESS
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REQUEST TO IMPOSE MORTORIUM ON NEW SUBDIVISIONS
I support the City Council of Golden Valley's changing the Tyrol Hills' neighborhood minimum lot size for
any future subdivisions of existing lots to a lot size greater than the present 10,000 square feet. I further
support the Council staying its consideration of any new subdivisions before it addresses whether the
minimum lot size in Tyrol Hills should be greater than 10,000 square feet. As a resident of Tyrol Hills,a
detailed analysis by the Council,with input from the neighborhood,of what should be the appropriate
minimum lot size is important to me,given our neighborhood's history,wildlife,environment and
appeal. Since the Council indicated that it would consider a moratorium in the future,I am disappointed
to learn that more subdivisions have been applied for and might be considered before the imposition of
a moratorium.
NAME ADDRESS
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REQUEST TO IMPOSE MORTORIUM ON NEW SUBDIVISIONS
I support the City Council of Golden Valley's changing the Tyrol Hills'neighborhood minimum lot size for
any future subdivisions of existing lots to a lot size greater than the present 10,000 square feet. I further
support the Council staying its consideration of any new subdivisions before it addresses whether the
minimum lot size in Tyrol Hills should be greater than 10,000 square feet. As a resident of Tyrol Hills,a
detailed analysis by the Council,with input from the neighborhood,of what should be the appropriate
minimum lot size is important to me,given our neighborhood's history,wildlife,environment and
appeal. Since the Council indicated that it would consider a moratorium in the future,I am disappointed
to learn that more subdivisions have been applied for and might be considered before the imposition of
a moratorium.
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REQUEST TO IMPOSE MORTORIUM ON NEW SUBDIVISIONS
I support the City Council of Golden Valley's changing the Tyrol Hills'neighborhood minimum lot size for
any future subdivisions of existing lots to a lot size greater than the present 10,000 square feet. I further
support the Council staying its consideration of any new subdivisions before it addresses whether the
minimum lot size in Tyrol Hills should be greater than 10,000 square feet. As a resident of Tyrol Hills,a
detailed analysis by the Council,with input from the neighborhood,of what should be the appropriate
minimum lot size is important to me,given our neighborhood's history,wildlife,environment and
appeal. Since the Council indicated that it would consider a moratorium in the future,I am disappointed
to learn that more subdivisions have been applied for and might be considered before the imposition of
a moratorium.
NAME ADDRESS
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REQUEST TO IMPOSE MORTORIUM ON NEIN SUBDIVISIONS
I support the City Council of Golden Valley's changing the Tyrol Hills'neighborhood minimum lot size for
any future subdivisions of existing lots to a lot size greater than the present 10,000 square feet. I further
support the Council staying its consideration of any new subdivisions before it addresses whether the
minimum lot size in Tyrol Hills should be greater than 10,000 square feet. As a resident of Tyrol Hills,a
detailed analysis by the Council,with input from the neighborhood,of what should be the appropriate
minimum lot size is important to me,given our neighborhood's history,wildlife,environment and
appeal. Since the Council indicated that it would consider a moratorium in the future,I am disappointed
to learn that more subdivisions have been applied for and might be considered before the imposition of
a moratorium.
NAME ADDRESS
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REQUEST TO IMPOSE MORTORIUM ON NEW SUBDIVISIONS
I support the City Council of Golden Valley's changing the Tyrol Hills'neighborhood minimum lot size for
any future subdivisions of existing lots to a lot size greater than the present 10,000 square feet. I further
support the Council staying its consideration of any new subdivisions before it addresses whether the
minimum lot size in Tyrol Hills should be greater than 10,000 square feet. As a resident of Tyrol Hills,a
detailed analysis by the Council,with input from the neighborhood,of what should be the appropriate
minimum lot size is important to me,given our neighborhood's history,wildlife,environment and
appeal. Since the Council indicated that it would consider a moratorium in the future, I am disappointed
to learn that more subdivisions have been applied for and might be considered before the imposition of
a moratorium.
NAME ADDRESS
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REQUEST TO IMPOSE MORTORIUM ON NEW SUBDIVISIONS
1 support the City Council of Golden Valley's changing the Tyrol Hills' neighborhood minimum lot size for
any future subdivisions of existing lots to a lot size greater than the present 10,000 square feet. I further
support the Council staying its consideration of any new subdivisions before it addresses whether the
minimum lot size in Tyrol Hills should be greater than 10,000 square feet. As a resident of Tyrol Hills,a
detailed analysis by the Council,with input from the neighborhood,of what should be the appropriate
minimum lot size is important tome,given our neighborhood's history,wildlife,environment and
appeal. Since the Council indicated that it would consider a moratorium in the future,I am disappointed
to learn that more subdivisions have been applied for and might be considered before the imposition of
a moratorium.
NAME ADDRESS
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REQUEST TO IMPOSE MORTORIUM ON NEW SUBDIVISIONS
I support the City Council of Golden Valley's changing the Tyrol Hills'neighborhood minimum lot size for
any future subdivisions of existing lots to a lot size greater than the present 10,000 square feet. I further
support the Council staying its consideration of any new subdivisions before it addresses whether the
minimum lot size in Tyrol Hills should be greater than 10,000 square feet. As a resident of Tyrol Hills,a
detailed analysis by the Council,with input from the neighborhood,of what should be the appropriate
minimum lot size is important to me,given our neighborhood's history,wildlife,environment and
appeal. Since the Council indicated that it would consider a moratorium in the future,I am disappointed
to learn that more subdivisions have been applied for and might be considered before the imposition of
a moratorium.
NAME ADDRESS
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REQUEST TO IMPOSE MORTORIUM ON NEW SUBDIVISIONS
I support the City Council of Golden Valley's changing the Tyrol Hills'neighborhood minimum lot size for
any future subdivisions of existing lots to a lot size greater than the present 10,000 square feet. I further
support the Council staying its consideration of any new subdivisions before it addresses whether the
minimum lot size in Tyrol Hills should be greater than 10,000 square feet. As a resident of Tyrol Hills,a
detailed analysis by the Council,with input from the neighborhood, of what should be the appropriate
minimum lot size is important to me,given our neighborhood's history,wildlife,environment and
appeal. Since the Council indicated that it would consider a moratorium in the future, l am disappointed
to learn that more subdivisions have been applied for and might be considered before the imposition of
a moratorium.
NAME ADDRESS
REQUEST TO IMPOSE MORTORIUM ON NEW SUBDIVISIONS
I support the City Council of Golden Valley's changing the Tyrol Hills'neighborhood minimum lot size for
any future subdivisions of existing lots to a lot size greater than the present 10,000 square feet. I further
support the Council staying its consideration of any new subdivisions before it addresses whether the
minimum lot size in Tyrol Hills should be greater than 10,000 square feet. As a resident of Tyrol Hills,a
detailed analysis by the Council,with input from the neighborhood,of what should be the appropriate
minimum lot size is important to me,given our neighborhood's history,wildlife,environment and
appeal. Since the Council indicated that it would consider a moratorium in the future, I am disappointed
to learn that more subdivisions have been applied for and might be considered before the imposition of
a moratorium.
NAME ADDRESS
VYV� V� . �9`.. .,
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� Planning Department
763-593-8095/763-593-8109(fax)
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Executive Summary For Action
Golden Valley City Council Meeting
September 16, 2014
60 day deadline: September 8, 2014
60 day extension: November 7, 2014
Agenda Item
4. A. Public Hearing-Approval of Conditional Use Permit 137 - 601 Boone Avenue North -
TruStone Financial, Applicant
Prepared By
Jason Zimmerman, Planning Manager
Summary
TruStone Financial is proposing to construct a new building at 601 Boone Avenue North to house
a credit union. The financial use is permitted within the Commercial zoning district, but a
Conditional Use Permit (CUP) is required to allow the use of three drive-thru lanes.
The proposed facility would be one story and approximately 5,555 square feet with a 1,000
square foot drive-up canopy. Futl site access would be available via 7th Avenue and "right-in
right-out" access is proposed for Boone Avenue. 19 parking spaces are required based on the size
of the building; 31 are proposed.
A CUP to construct a similar project was approved in 2008, but was not constructed. An extension
through September 2, 2010, was granted by the City Council but as that date has passed without
activity, the CUP is no longer valid and a new permit must be obtained.
At the August 25, 2014, Planning Commission meeting, the Commission voted 4-0 to recommend
approval of the proposal. Specifically, the Commission felt the proposed use was in compliance
with the ten factors in the City Code that determine the eligibility of a conditional use, subject to
the following conditions:
1. The plans by HTG Architects submitted on July 10, 2014, shall become a part of this approval.
2. The recommendations and requirements outlined in the memo from Fire Chief John Crelly to
Jason Zimmerman, Planning Manager, dated August 18, 2014, shall become part of this
approval.
3. A bicycle rack shall be added to the property providing for a minimum of four spaces.
4. All signage must meet the requirements of the City's Sign Code (Section 4.20).
5. This approval is subject to all other state, federal, and local ordinances, regulations, or laws
with authority over this development.
Attachments
• Location Map (1 page)
• Planning Commission Minutes dated August 25, 2014 (3 pages)
• Memo to Planning Commission dated August 25, 2014 (3 pages)
• Memo from Fire Chief John Crelly dated August 18, 2014 (1 page)
• Applicant's Narrative (2 pages)
• Letter from MnDOT dated September 8, 2014 (2 pages)
• Site Plan (1 page)
• Floor Plan (1 page)
• Site Rendering (1 page)
• Ordinance#528, Approval of Conditional Use Permit No. 137, 601 Boone Avenue North,
TruStone Financial, Applicant (2 pages)
Recommended Action
Motion to adopt Ordinance #528, Approval of Conditional Use Permit No. 137, 601 Boone Avenue
North,TruStone Financial, Applicant.
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August 25, 2014
Page 3
Kluchka questioned if it is fair to say tha he Planning Commission asked that the property
tine be straightened, when they didn't k w about the rear yard versus sid�..�d issue.
��y,
Wal�^ � , r stated that the lot line coul� be re-drawn and thcr.�would not be a backyard on
Lot 1 at all. �~� "
\
��
�,��� �--=- '
Segelbaum said he is conc�rr�ed abou ' �ng a precedent in how the Planning
Commission interprets this iss�a� '� ow future proposals would use it going forward.
��%''�� .�
Kluchka said he is not ir�-agreement wi� c�rFli.n the interior lot line a rear yard property line.
Blum agreed, and r '�rated that this p, posal���t like the pie shaped examples they were
shown, becaus ` ey clearly start as parallel side'�c�t,lines.
., . ��,.�
��u
MOV y Segelbaum, seconded by lum and motion carried 3���i recommend denial
o preliminary plat amendment. Co missioner Waldhauser voted no.
3. Informal Public Hearing — Conditional Use Permit— 601 Boone Avenue North
— TruStone Financial — CU-137
Applicant: TruStone Financial
Address: 601 Boone Avenue North
Purpose: To allow the applicant to operate a new credit union with three drive-
thru lanes in the Commercial zoning district.
Zimmerman stated that the applicant is requesting a Conditional Use Permit (CUP) in
order to operate a new credit union with three drive-thru lanes. He noted that a CUP was
approved for this location in 2008, but the project was not constructed, so a new CUP is
now required. He referred to a site plan and explained the applicants request to construct
a one-story building with three drive-thru lanes located on the southeast corner of the
building. He stated that 19 parking spaces are required, and the applicant is proposing 31
spaces. He added that based on the review of the application, and the evaluation of the
factors listed in the Zoning Code, staff is recommending approval of the proposed CUP.
Kluchka asked if there are any material differences between this proposal and the
proposal approved in 2008. Zimmerman stated that the building is slightly smaller in this
proposal.
Waldhauser asked if conditions could be added regarding landscaping and drainage.
Zimmerman stated that Conditional Use Permits really only consider the land use.
Waldhauser noted that there seems to be a lot of signage proposed. Zimmerman stated
that they will be required to follow the City's sign code requirements.
Kluchka asked about snow storage on the site. Zimmerman suggested the applicant
address that issue, but he assumes snow would be stored on the south side of the site.
Minutes of the Golden Valley Planning Commission
August 25, 2014
Page 4
Segelbaum noted that the first finding is the demonstrated need for the proposed use. He
asked if that is pertaining only to the drive-thru windows, or the entire use. Zimmerman
said it pertains to the entire use.
Sean Raboin, HTG Architects, stated that the proposed new building will be slightly
smaller than the one proposed in 2008. He stated that this should be a good fit, and a
nice use for this property. He referred to the question regarding snow storage and stated
that snow will be stored on the north part of the site, or it will be hauled off-site.
Waldhauser asked if the applicant feels that they need as much parking as they are
proposing. Raboin said yes, and added that this will be a very busy location.
Segelbaum asked why they need to have three drive-thru lanes. Raboin stated that 10
years ago four or five drive-thru lanes was typical, but now banks like to have two drive-
up windows and one drive-up ATM.
Blum asked how the parking at this property compares with the parking at their current
location. Raboin stated that they have more parking at their current facility, but it is a
much larger building.
Segelbaum asked if the applicant will continue to use their existing facility. Raboin said
no.
Kluchka asked if the timing of this project is related to the Douglas Drive reconstruction
project. Raboin said he didn't know, but he thinks the economy has played a part as well.
Kluchka opened the public hearing.
Steve Schmidgall, 6534 Olympia Street, said he hopes there will be very little EIFS used
and if so, not at grade, so it will continue to look good.
Seeing and hearing no one else wishing to comment, Kluchka closed the public hearing.
Kluchka said he knows this will be a busy location. He suggested that the applicant bring
elevations and a material list to the City Council meeting.
Segelbaum stated that more drive-thru lanes would also mean fewer cars stacking.
Waldhauser said the proposal looks reasonable. She said she hopes some landscaping
could be done along Highway 55, and that run-off from the parking lot could be captured
in rain gardens, or some other system.
MOVED by Blum, seconded by Waldhauser and motion carried unanimously to
recommend approval of the Conditional Use Permit at 601 Boone Avenue North to allow
a credit union with three drive-thru lanes in the Commercial zoning district subject to the
following findings and conditions:
Minutes of the Golden Valley Planning Commission
August 25, 2014
Page 5
Findinas:
1. TruStone will be relocating from their current location at 6500 Olson Memorial
Highway and will likely maintain if not grow their existing base of customers.
2. A financial institution is consistent with the Commercial designation of this property
on the General Land Use Plan Map.
3. Staff anticipates the newly constructed building would not have a negative impact on
the surrounding properties. In fact, the addition of a quality building to the vacant site
is anticipated to have a positive effect.
4. As part of the original submission in 2008, a traffic study was done for this use and
anticipated no concerns. Since this proposal is a slightly scaled back version of the
original plan, Staff does not expect any negative traffic impacts to the surrounding
areas.
5. The proposed use would generate a minor increase in the number of employees at
the location.
6. The proposed use is not anticipated to cause an increase in noise levels.
7. There would be some pollution caused by the idling of vehicles waiting to be served
in the drive-thru lanes. Due to the surrounding land uses and the proximity to
Highway 55, this increase would not be significant.
8. The proposed use is not anticipated to attract pests.
9. Based on the site plans submitted and the architectural design of other TruStone
Financial buildings that will be used as models for this structure, the visual quality of
the property will be enhanced.
10.Staff does not anticipate any other negative effects of the proposed use. The
location is a commercial area with good access that can handle any additional traffic.
Conditions:
1. The plans by HTG Architects submitted on July 10, 2014, shall become a part of this
approval.
2. The recommendations and requirements outlined in the memo from Fire Chief John
Crelly to Jason Zimmerman, Planning Manager, dated August 18, 2014, shall
become part of this approval.
3. A bicycle rack shall be added to the property providing for a minimum of four spaces.
4. All signage must meet the requirements of the City's Sign Code (Section 4.20).
5. This approval is subject to all other state, federal, and local ordinances, regulations,
or laws with authority over this development.
4.�Informal Public earing — Final Plan Review— Planned Unit Development
�) — Carous I Automobiles (Porsch ,Dealership) PUD #95, Amendment#3
AppliC��t: Twi�f Cities. "motive (Porsche)
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Address: � ��1 and 9393 Wayzata Blvd.
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P pose: Tp constr�c,t.�a new Porsche facility on the west side of the property.
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Cl��� t�� t�:,
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1� Plannin D e artm n
��,. �.'.� g p e t
763-593-8095/763-593-81 Q9(fax)
Date: August 25, 2014
To: Golden Valley Planning Commission
From: Jason Zimmerman, Planning Manager
Subject: Informal Public Hearing—Conditional Use Permit (CUP-137) to Allow for the
Operation of a Credit Union with Drive-thru Lanes at 601 Boone Avenue North
—TruStone Financial, Applicant
. . .. , � . , � ..... . .. . .....�.�. ., _��„�._ �.,,�,.,,`� ,t� �t ,.�_�.� w.;���.�m,.�...,�:�.<,�°����"�;�.:�:�,;;���.��:�.��^���,��'� �
Background and Proposed Use
TruStone is proposing to construct a new building at 601 Boone Avenue North to house a credit
union. The property is zoned Commercial and is guided for long-term Retail/Service use on the
General Land Use Plan map. The financial use is permitted within this zoning district, but a
Conditional Use Permit (CUP) is required to allow the use of three drive-thru lanes.
The total lot area is 1.07 acres; it is bounded by Boone Avenue North to the west, 7th Avenue
North to the north, and Highway 55 to the south. A Perkins restaurant is located on the lot to the
west; the new Boone Avenue Convenience Center is located across Boone Avenue to the east.
The proposed facility would be one story and approximately 5,555 square feet with a 1,000
square foot drive-up canopy. Full site access would be availabfe via 7th Avenue and "right-in right-
out" access is proposed for Boone Avenue. 19 parking spaces are required based on the size of
the building; 31 are proposed.
A Conditional Use Permit to construct a similar project was approved in 2008 but was not
constructed. An extension through September 2, 2010, was granted by the City Council but as
that date has passed without activity,the CUP is no longer valid and a new permit must be
obtained.
Evaluation
The findings and recommendations for a Conditional Use Permit are based upon any or all of the
following factors:
1. Demonstrated Need for the Proposed Use:The City requires that an applicant identify a
market for the proposed good or service necessitating a CUP. TruStone will be relocating
from their current focation at 6500 Olson Memorial Highway and will likely maintain if not
grow their existing base of customers.
2. Consistency with the Comprehensive Plan: A financial institution is consistent with the
Commercial designation of this property on the General Land Use Plan Map.
3. Effect on Property Values: Staff anticipates the newly constructed building would not have
a negative impact on the surrounding properties. In fact, the addition of a quality building
to the vacant site is anticipated to have a positive effect.
4. Effect on Traffic: As part of the original submission in 2008, a traffic study was done for this
use and anticipated no concerns. Since this proposal is a slightly scaled back version of the
original plan, Staff does not expect any negative traffic impacts to the surrounding areas.
5. Effect of Increases in Population and Density:The proposed use would generate a minor
increase in the number of employees at the location.
6. Increase in Noise Levels: The proposed use is not anticipated to cause an increase in noise
levels.
7. Impact of Dust, Odor, or Vibration:There would be some pollution caused by the idling of
vehicles waiting to be served in the drive-thru lanes. Due to the surrounding land uses and
the proximity to Highway 55, this increase would not be significant.
8. Impact of Pests: The proposed use is not anticipated to attract pests.
9. Visual Impact: Based on the site plans submitted and the architectural design of other
TruStone Financial buildings that will be used as models for this structure, the visual quality
of the property will be enhanced.
10. Other Impacts to the City and Residents: Staff does not anticipate any other negative
effects of the proposed use. The location is a commercial area with good access that can
handle any additional traffic.
Recommended Action
Staff recommends approval of Conditional Use Permit 137 allowing the construction of a credit
union with drive-thru lanes at 601 Boone Avenue North. The approval of a Conditional Use
Permit is subject to the following conditions:
1. The plans by HTG Architects submitted on July 10, 2014, shall become a part of this
approval.
2. The recommendations and requirements outlined in the memo from Fire Chief John Crelly
to Jason Zimmerman, Planning Manager, dated August 18, 2014, shall become part of this
approval.
3. A bicycle rack shall be added to the property providing for a minimum of four spaces.
4. Al) signage must meet the requirements of the City's Sign Code (Section 4.20).
5. This approval is subject to all other state, federal, and local ordinances, regulations, or laws
with authority over this development.
Attachments
Location Map (1 page)
Applicant's Narrative (2 pages)
Memo from Fire Chief John Crelly dated August 18, 2014 (1 page)
Photographs of TruStone Buildings (2 pages)
Site Plan (1 page)
Floor Plans (1 page)
City
pf y� M e t'1'1 Ct t'c�t1 C� U rl'1
0 ell a e Fire Department
F i r e D e p a r t m e n t 763-593-8065/763-593-80981fax1
To: Jason Zimmerman, Planning Manager
From: John Crelly, Fire Chief
Subject: Conditional Use Permit—TruStone Financial
Date: August 18, 2014
I have reviewed the conditional use permit information packet for the proposed TruStone
Financial located at 601 Boone Avenue North that was submitted on July 11, 2014. It is my
understanding that a conditional use permit is required based on the drive up canopy feature.
The Golden Valley Fire Department reviewed the requirements of the Minnesota State Fire
Code (MSFC) section 503.1 which details the need for when a Fire Department Access Road
20 foot wide by 13' 6" high drive lane around the building is required. Upon review it was
determined that the fire department will NOT require a fire access road around the building.
This conclusion is based on the fire departments ability to park a fire vehicle at the beginning
of the drive-up lane on the northeast corner of the building and on the east side of the
building and still be able to reach all portions of the building with 150 feet of host.
Based on this conclusion, the height of the drive-up canopy and the narrow bypass aisle are
NOT a concern.
Moving forward the Fire Department will be reviewing site utility plans, building plans for
compliance with MSFC and Building Code and fire sprinkler plans.
If you have any questions, please contact me at 763-593-8065, or my e-mail address,
jcrellySa�qoldenvalleymn�ov
10Ju1y2014 architects
City of Golden Valley
Planning Department Community Development
Attn.: Jason Zimmerman—City Planner
7800 Golden Valley Road
Golden Valley,MN 55427
Ph. (763)593-8099
Re: TruStone Financial
Proposed New Building
601 Boone Avenue North
Golden Valley, Minnesota
Subject: Application for Conditional Use Permit
Legal Golden Valley Industrial Park,Lot 1,Block 3
Description:
PID#: 31-118-21-31-0016
Below is a brief summary of the proposed building design, image,and material selection.
NARRATIVE
eneral.
TruStone Financial is proposing to construct a one-story facility located at 601 Boone Avenue North. TruStone
would relocate from their existing location at 6500 Olson Memorial Highway.
The existing property is currently zoned Commercial. A financial institution is allowed under this zoning. The
existing property is currently vacant.
The proposed building will consist of an approximately 5,555 square feet main level and an approximately 1,000
square foot drive-up canopy. The main level will contain the Credit Union's retail banking space(which includes
offices,teller areas,conference room,waiting,etc.).
Site ingress/egress is from one existing curb cut along 7th Avenue North(via Boone Avenue). A'Right-In/Right-
Out'is proposed on the east side of the property along Boone Avenue.
Site Plan
The proposed building is centered on the site with member parking on the north side of the building. The main
building entry is on the north side of the proposed building. TruStone Financial is proposing a three-lane drive-
up; located on the south/southeast side of the building. Each drive-up lane provides the required 4-car
stacking. Employee parking is located on the south side of the building.
The building meets all required building setback requirements.
A total of 31 parking stalls are shown on the site. Based on the size ofthe building; 19 parking stalls are
required.
HTG ARCHITECTS 9300 Hennepin Town Road, Minneapolis MN 55347 (952) 278-8880 htg-architects.com
MINNEAPOLIS PHOENIX TAMPA
Sianage.
A proposed pylon sign is shown in the southeast corner of the site(see site plan). The pylon sign design is
meant to compliment the proposed building design. The pylon sign design has not been completed at this
time. The size of the sign is yet to be determined-but will be conform to City Code.
A two-sided monument sign is shown in the northeast corner of the site.
The proposed building will also have back-lit wall signs; locations to be determined. Sizes shall meet City Code.
Sign permits will be applied for by the Owner's signage vendor at a later date.
Imaae•
The design of the proposed building provides an image that is consumer friendly,warm,and elegant. The
exterior materials reflect TruStone's corporate branding standards and are similar to their established prototype
buildings in Maple Grove&Minneapolis.
The exterior design will likely use the following materials: natural stone,eifs,prefinished composite metal
panels,and glass.
The mechanical equipment will be located on the roof and be screened by the building parapet.
Materials.
Building Entry Walls Prefinished composite metal panels
Building Fa4ade Stone and eifs
Roof/canopy overhangs Prefinished composite metal panels
Roof EPDM Roofing
Roof Structure Steel decking on barjoists
Floor Structure Structural concrete slab(on pilings)
Wall Structure Metal/steel stud framing with steel columns/beams
The use will not be injurious to the use and enjoyment of the other properties. The establishment of the
conditional use will not impede the normal and orderly development of the surrounding properties. Adequate
utilities,access roads,drainage,etc.will be provided for this proposed building. The commercial use of this
building is not in conflict with the city's comprehensive plan of this site.
The preliminary schedule is for construction to begin in Fall of 2014 with an anticipated completion date in
Spring of 2015.
We feel the proposed TruStone Financial project will be and remain a tremendous asset to the neighborhood.
Enclosed you will find the architectural site plan,interior floor plan,and photos of TruStone's Maple Grove
building.
Please call me with any questions.
Sincerely,
��
Russ Schramm
Project Manager
HTG ARCHITECTS 9300 Hennepin Town Road Minneapolis MN 55347 (952) 278-8880 www.htg-architects.com
MINNEAPOLfS PHOENIX TAMPA
,�oa"'"ES°ry� Minnesota Department of Transportation
'' o Metropolitan District
�'�,�,. �,Q Waters Edge Building
�f�P� 1500 County Road 62 West
Roseville, MN 55113
September 8, 2014
Jason Zimmerman
City of Golden Valley
7800 Golden Valley Road
Golden Valley, MN 55427
SUBJECT: TruStone Financial—601 Boone Ave N
MnDOT Review# 514-032
North of TH 55, East of US 169.
Golden Valley, Hennepin County
Control Section 2723
Dear Mr. Zimmerman:
Thank you for the opportunity to review the TruStone Financial site plan. The Minnesota
Department of Transportation (MnDOT) has reviewed the site plan and has the following
comments:
Traffic:
The access on Boone is not recommended. This type of access in a turn lane near a
signal is problematic as drivers entering the site are decelerating faster than expected and
exiting drivers are weaving across multiple lanes of traffic. Suitable access is provided by
the main access on 7th Avenue North. For questions concerning this comment, please
contact Chad Erickson (chad.erickson(t�,state.mn.us or 651-234-7806) of MnDOT's West
Area Traffic section.
Permits:
Any work impacting MnDOT right of way will require a permit. No portion of the
development though can be constructed or maintained on MnDOT right of way. Permit
forms are available from MnDOT's utility website at www.dot.state.mn.us/tecsup/utilitv.
Please include one 11 x 17 plan set and one full size plan set with each permit
application. Please direct any questions regarding permit requirements to Buck Craig
(651-234-7911 or buck.crai�cr,state.mn.us) of MnDOT's Metro Permits Section.
Review Submittal Options:
MnDOT's goal is to complete the review of plans within 30 days. Submittals sent in
electronically can usually be turned around faster. There are four submittal options.
Please submit either:
1. One (1)electronic pdf. version of the plans. MnDOT can accept the plans via
e-mail at metrodevreviews.dotna,statemn.us provided that each separate e-
mail is under 20 megabytes.
2. Three (3) sets of full size plans. Although submitting seven sets of full size
plans will expedite the review process. Plans can be sent to:
MnDOT—Metro District Planning Section
Development Reviews Coordinator
1500 West County Road B-2
Roseville, MN 55113
3. One (1) compact disc.
4. Plans can also be submitted to MnDOT's External FTP Site. Please send files
to: ftp://ftp2.dot.state.mn.us/pub/incoming/MetroWatersEd�e/Planning
Internet Explorer doesn't work using ftp so please use an FTP Client or your
Windows Explorer(My Computer). Also, please send a note to
metrodevreviews.dot(a�state.mn.us indicating that the plans have been
submitted on the FTP site.
If you have any questions concerning this review, please contact me at 651-234-7793.
Sincerely,
J( .� � ,��
:� ,r , ' �
J 4� . .+ i� . . �/ ~ ` �
/
� �,�,:'.���4'�' Y, �" i,-/�'� '' �_
l
Michael J. Corbett, PE
Senior Planner
Copy sent via E-Mail:
April Crockett, Area Manager
Ramankutty Kannankutty, Area Engineer
Brian Kelly, Water Resources
Nancy Jacobson, Design
Buck Craig, Permits
Doug Nelson, Right-of-Way
Chad Erickson, Traffic Engineering
Clare Lackey, Traffic Engineering
Russell Owen, Metropolitan Council
51TE PLAN NOTES:
�oT ZON�NG: a r c h i t e c t s
GOMMERGIAL
T°T����°���.F'.: 7TH AVENUE. N.
MAIN LEVEL 5,555 S.F. io•-o• �B'-o•
DRIVE-UP GANOPY: I,000 S.F.
6sss S.F. www.htg-architects.com
Minneopo/is Phoenix Tampa
PAI2KING REQUIRED: '� —'����L��I�.�o.
MAIN LEVEL: (SS55/300)= 185=19 STALLS � �ror+u�Erir � 9300 Hennepin Town Road
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PARKIN6 SHOWN: =31 STALLS q� �O[��� Tel: 952.278.88a0
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ORDINANCE NO. 528, 2ND SERIES
AN ORDINANCE AMENDING THE CITY CODE
Approval of Conditional Use Permit Number 137
601 Boone Avenue North
TruStone Financial, 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 11.30, by approving a Conditional Use
Permit for a certain tract of land at 601 Boone Avenue North, thereby allowing TruStone
Financial to operate a credit union with three drive-thru lanes located in the Commercial
Zoning District.
This Conditional Use Permit is approved based on the findings of the Planning
Commission pursuant to City Code Section 11.80, Subd. 2(G), which findings are hereby
adopted and incorporated herein as follows:
1. TruStone will be relocating from their current location at 6500 Olson Memorial Highway
and will likely maintain if not grow their existing base of customers.
2. A financial institution is consistent with the Commercial designation of this property on
the General Land Use Plan Map.
3. Staff anticipates the newly constructed building would not have a negative impact on the
surrounding properties. In fact, the addition of a quality building to the vacant site is
anticipated to have a positive effect.
4. As part of the original submission in 2008, a traffic study was done for this use and
anticipated no concerns. Since this proposal is a slightly scaled back version of the
original plan, Staff does not expect any negative traffic impacts to the surrounding
areas.
5. The proposed use would generate a minor increase in the number of employees at the
location.
6. The proposed use is not anticipated to cause an increase in noise levels.
7. There would be some pollution caused by the idling of vehicles waiting to be served in
the drive-thru lanes. Due to the surrounding land uses and the proximity to Highway 55,
this increase would not be significant.
8. The proposed use is not anticipated to attract pests.
9. Based on the site plans submitted and the architectural design of other TruStone
Financial buildings that will be used as models for this structure, the visual quality of the
property will be enhanced.
10.Staff does not anticipate any other negative effects of the proposed use. The location is
a commercial area with good access that can handle any additional traffic.
This Conditional Use Permit is subject to all of the terms of the permit to be issued
including, but not limited to the following specific conditions:
1. The plans by HTG Architects submitted on July 10, 2014, shall become a part of this
approval.
2. The recommendations and requirements outlined in the memo from Fire Chief John
Crelly to Jason Zimmerman, Planning Manager, dated August 18, 2014, shall become
part of this approval.
3. A bicycle rack shall be added to the property providing for a minimum of four spaces.
4. All signage must meet the requirements of the City's Sign Code (Section 4.20).
5. This approval is subject to all other state, federal, and local ordinances, regulations, or
laws with authority over this development.
Section 2. The tract of land affected by this ordinance is legally described as follows:
Lot 1, Block 3, Golden Valley Industrial Park
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 September, 2014.
/s/Shepard M. Harris
Shepard M. Harris, Mayor
ATTEST:
/s/ Kristine A. Luedke
Kristine A. Luedke, City Clerk
C"t��1 f�'�
Planning IJepartment
763-593-8095/763-593-8109(fax)
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Executive Summary For Action
Golden Valley City Council Meeting
September 16, 2014
60 day deadline: September 8, 2014
60 day extension: November 7, 2014
Agenda Item
4. B. Public Hearing- Ordinance#529 - Final Plan for Carousel Automobiles PUD No. 95,
Amendment #3 -9191 and 9393 Wayzata Boulevard -Twin Cities Automotive DBA Golden Valley
TCA P., LLC, Applicant
Prepared By
Jason Zimmerman, Planning Manager
Summary
Twin Cities Automotive is requesting an amendment to Carousel Automobiles PUD No. 95 to
construct a new building to house the Porsche of Minneapolis. The original PUD permit for a new
auto dealership was approved by the City Council on October 2, 2001. An amendment to add to
the PUD a lot across the street for parking was approved in 2002. In April of 2014 an amendment
to expand and renovate the existing Porsche facility was approved but no action was taken. The
Applicant has decided to pursue the current request instead.
The total lot area for the PUD is 9.9 acres;the property contains two dealerships—Audi of
Minneapolis and Porsche of Minneapolis.
The proposed PUD amendment would allow the Applicant to construct a new Porsche of
Minneapolis building in the western parking lot currently used by the Audi dealership. The
proposed two-story building would have a footprint of 23,665 square feet.
The construction of the new building would require a reworking of the existing Audi parking lot
and a reduction in the number of total parking spaces available. Under the Zoning Code, the
proposal for the two dealerships would require 400 parking spaces (304 for Audi and 96 for
Porsche). Based on the plans the Applicant has submitted, 557 parking spaces would be provided.
This would be a net loss of 76 spaces compared to the existing parking situation.
The Applicant has stated that the existing Porsche building would remain, though it would only
house internal Porsche and Audi operations and would not be utilized for a third franchise.
One concern raised during review of the Preliminary Plan was the non-conformity of the existing
lighting levels within the Audi parking lot. Under the new lighting plan, the Applicant has worked
to adjust the lighting levels to meet the current ordinance and the maximum levels now remain
under the required limits.
At the August 25, 2014, Planning Commission meeting, the Commission voted 4-0 to recommend
approval of the Final PUD Plan.
The City has previously determined that this PUD meets the standards established in the City Code
and laid out in the Staff report to the Planning Commission. Staff believes that this application to
amend the PUD is also consistent with these standards.
City Code establishes standards for PUDs, which are laid out in the attached staff report to the
Planning Commission. In addition, City Code establishes findings that must be made by the City
when creating a PUD. These findings are included in the City Council's recommended action.
1. The plans prepared by Baker Associates and submitted with the application on July 10, 2014,
shall become a part of this approval.
2. The recommendations and requirements outlined in the memo from the Fire Department to
Jason Zimmerman, Planning Manager, dated August 18, 2014, shall become a part of this
approval.
3. The recommendations and requirements outlined in the memo from the Engineering Division
to Jason Zimmerman, Planning Manager, dated August 18, 2014, shall become a part of this
approval.
4. Parking in the lot south of Wayzata Boulevard shall be limited to inventory vehicles. Employee
parking in this area will not be permitted.
5. All signage must meet the requirements of the City's Sign Code (Section 4.20).
6. 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.
5(E):
1. The PUD plan is tailored to the specific characteristics of the site and achieves a higher quality
of site planning and design than generally expected under conventional provisions of the
ordinance.
2. The PUD plan preserves and protects substantial desirable portions of the site's
characteristics, open space and sensitive environmental features including steep slopes,
trees, scenic views, creeks, wetlands and open waters.
3. The PUD plan includes efficient and effective use (which includes preservation) of the land.
4. The PUD plan results in development compatible with adjacent uses and is consistent with
the Comprehensive Plan and redevelopment plans and goals.
5. The PUD plan is consistent with preserving and improving the general health, safety and
general welfare of the people of the City.
6. The PUD plan meets the PUD Intent and Purpose provision and all other PUD ordinance
provisions.
Attachments
• Location Map (1 page)
• Planning Commission Minutes dated August 25, 2014 (3 pages)
• Memo to the Planning Commission dated August 25, 2014 (4 pages)
� Memo from the Fire Department dated August 18, 2014 (1 page)
• Memo from the Engineering Division dated August 18, 2014 (3 pages)
• Applicant's Narrative (1 page)
• Site Plans received July 10, 2014 (18 pages)
• Ordinance #529, Approval of the Final Plan of Development, Carousel Automobiles PUD No. 95,
Amendment #3, Twin Cities Automotive DBA Golden Valley TCA P., LLC, Applicant (2 pages)
Recommended Action
Motion to adopt Ordinance #529, Approval of the Final Plan of Development, Carousel Automobiles
PUD No. 95, Amendment#3, Twin Cities Automotive DBA Golden Valley TCA P., LLC, Applicant.
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Minutes of the Golden Valley Planning Commission
August 25, 2014
Page 5
Findinqs:
1. Tr Stone will be relocating from their urrent location at 6500 Olson Memorial
Hig ay and will likely maintain if not row their existing base of customers.
2. A fin cial institution is consistent wit; the Commercial designation of this property
on the eneral Land Use Plan Map. ,,
3. Staff an ' ates the newly constructe `� building would not have a ne tive impact on
the surrou ing properties. In fact, th�' addition of a quality buildir�g'to the vacant site
is anticipate o have a positive effec�� ����
4. As part af the iginal submission in 2�08, a traffic study was-done for this use and
anticipated no co cerns. Since this p��posal is a slightly,scaled back version of the
original plan, Staff es not expect ar�y negative traffic�impacts to the surrounding
areas. �;, �%'
5. The proposed use woulc�><,generate a minor increa"se in the number of employees at
the location. �°���; �,� �
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6. The proposed use is not anticipated �o cause an increase in noise levels.
7. There would be some pollution caus�d k��the idling of vehicles waiting to be served
in the drive-thru lanes. Due to the'sur��aunding land uses and the proximity to
Highway 55, this increase would not��e significant.
8. The proposed use is not anticipated to attract pests.
9. Based on the site plans submit��d and the architectural design of other TruStone
Financial buildings that will be'used as models for this structure, the visual quality of
the property will be enhance`d. ���
10.Staff does not anticipate;any other negative effects of the proposed use. The
location is a commerci�l"'area with go�d access that can handle any additional traffic.
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Conditions: ; ' �
1. The plans by HTG�Architects submitt�d on July 10, 2014; shall become a part of this
approval. � ���';
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2. The recommendations and requirem�nts outlined in the memo';from Fire Chief John
Crelly to J��on Zimmerman, Plannin ' Manager, dated August �$,,, 2014, shall
become ' rt of this approval. �;
3. A bicyc ` rack shall be added to the . operty providing for a minimu� of four spaces.
4. All si � age must meet the requireme ts of the City's Sign Code (Section 4.20).
5. Thi approval is subject to all other st te, federal, and local ordinances, regulations,
o aws with authority over this develo ment.
4. Informal Public Hearing — Final Plan Review— Planned Unit Development
(PUD) — Carousel Automobiles (Porsche Dealership) PUD #95, Amendment#3
Applicant: Twin Cities Automotive (Porsche)
Address: 9191 and 9393 Wayzata Blvd.
Purpose: To construct a new Porsche facility on the west side of the property.
Minutes of the Golden Valley Planning Commission
August 25, 2014
Page 6
Zimmerman stated that the Preliminary PUD plan for this proposai was approved by the City
Council in July, and the applicant is now starting the Final PUD approval process. He
referred to a site plan and explained the applicant's request to modify the existing parking
area and to construct a new Porsche of Minneapolis building located to the west of the
existing Audi building. He stated that since the Preliminary Plan stage the applicant has
made stight modifications to the parking lot layout and the number of parking spaces.
They've also made adjustments to the outdoor lighting levels. He discussed the design of
the building and stated that it meets the setback requirements of the underlying Commercial
zoning district, and there will be no change in the amount of impervious surFace because
the new building will replace an existing paved area.
Zimmerman discussed parking on the site. He stated that the current number of parking
spaces on the site is 633 spaces. The applicant is proposing to reduce the number of
parking spaces to 557 which is a reduction of 76 spaces overall. The Preliminary PUD plan
reduced the parking by 64 spaces. He stated that the applicant is also proposing 37 parking
spaces that would encroach approximately five feet into the front yard setback, and
approximately 34 display spaces that would fall entirely within the 35 foot front yard setback
area along Wayzata Boulevard.
Waldhauser questioned if condition #5 in Zimmerman's staff report regarding the relocation
of the parking spaces along the south portion of the lot near the proposed building, should
be removed. Zimmerman said yes, condition #5 from his memo should be removed.
Waldhauser asked if the triangular shaped, landscaped island shown on the plans is new.
Nguyen Hoang, Baker Associates, 150 South Fifth Street, Architect for the project, said that
landscape island is not new and was shown on the preliminary plans.
Kluchka asked about snow storage. Wayne Pisinski, Twin Cities Automotive, Applicant,
stated that they might melt the snow on-site.
Blum asked what they did to address the lighting on the site. Pisinski said they switched to
LED lighting. Hoang added that the raised the light poles as well to provide more even
lighting.
Kluchka opened the public hearing. Seeing and hearing no one wishing to comment,
Kluchka closed the public hearing.
MOVED by Waldhauser, seconded by Segelbaum and motion carried unanimously to
recommend approval of the Final PUD Plan for PUD #95, Amendment #3, Carousel
Automobiles subject to the following findings and conditions:
Findinqs:
1. The PUD plan is tailored to the specific characteristics of the site and achieves a
higher quality of site planning and design than generally expected under
conventional provisions of the ordinance.
Minutes of the Golden Valley Planning Commission
August 25, 2014
Page 7
2. The PUD plan preserves and protects substantial desirable portions of the site's
characteristics, open space and sensitive environmental features including steep
slopes, trees, scenic views, creeks, wetlands, and open waters.
3. The PUD plan includes efficient and effective use (which includes preservation) of
the land.
4. The PUD Plan results in development compatible with adjacent uses and is
consistent with the Comprehensive Plan and redevelopment plans and goals.
5. The PUD plan is consistent with preserving and improving the general health, safety
and general welfare of the people of the City.
6. The PUD plan meets the PUD Intent and Purpose provision and all other PUD
ordinance provisions.
Conditions:
1. The plans prepared by Baker Associates and submitted with the application on
July 10, 2014, shall become a part of this approval.
2. The recommendations and requirements outlined in the memo from the Fire
Department to Jason Zimmerman, Planning Manager, dated August 18, 2014,
shall become a part of this approval.
3. The recommendations and requirements outlined in the memo from the
Engineering Division to Jason Zimmerman, Planning Manager, dated August 18,
2014, shall become a part of this approval.
4. Parking in the lot south of Wayzata Boulevard shall be limited to inventory
vehicles. Employee parking in this area will not be permitted.
5. All signage must meet the requirements of the City's Sign Code (Section 4.20).
6. This approval is subject to all other state, federal, and local ordinances,
regulations, or laws with authority over this development.
Informal Public Hea g — Preliminary Plan Review— Planned Unit
Development (PUD) ;� Golden Villas — PUD #118
Ap .,icant: Golden �l'illas LLC `�
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Address 0.� 9130 &'9220 Olson Mersiorial Highway
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Purpose: To�construct a `ven-story, 162-unit apartment building.
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Zimmerman stated that the,'= plicant is proposing to develop a seven-story, 162 unit, market
rate apartment building¢�;, the 2:57 acre site. He stated that the applicant is also seeking
TIF assistance to he make the project financially feasible. He noted that 9130 Olson
Memorial Highwa contairrs a small, one-story office building, and 9220 Ofson Memorial
Highway conta''s the vacant bowling aCle,y.
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Zimmerm�fi referred to a s;te lan and ex lained tha
p p ; t the proposed new buildmg will be
central located on the sit' . He stated that there'will be two access points on Golden Valley
Roa , and a sidewalk will b�e constructed along Goltle�n Valley Road. He referred to the
p ing on the site, and no�d that the majority of the parking will be underground or
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�. �,'� Planning Department
763-593-8095/763-593-8109{fax)
Date: August 25, 2014
To: Golden Valley Planning Commission
From: Jason Zimmerman, Planning Manager
Subject: Informal Public Hearing– Final PUD Plan for Carousel Automobiles PUD No.
95, Amendment#3–9191 and 9393 Wayzata Boulevard–Twin Cities Automotive
DBA Golden Valley TCA P., LLC, Applicant
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Background
Twin Cities Automotive is requesting an amendment to Carousel Automobiles PUD No. 95 to
construct a new building to house the Porsche of Minneapolis dealership. The original PUD
permit for a new auto dealership was approved by the City Council on October 2, 2001. An
amendment to add to the PUD a lot across the street for parking was approved in 2002. In April
of 2014 an amendment to expand and renovate the existing Porsche facility was approved but no
action was taken. The Applicant has decided to pursue the current request instead.
The property is zoned "Commercial" and is guided for long-term "Retail/Service" use on the
General Land Use Plan map. The totat lot area for the PUD is 9.9 acres; it is bounded by Highway
169 to the west and Interstate 394 to the north. Wayzata Boulevard forms a partial southern
boundary and also separates the auto dealerships to the north from a parking area to the south.
The property is owned by the applicant, Twin Cities Automotive, and contains two dealerships—
Audi of Minneapolis and Porsche of Minneapolis.
Summary of Proposal
The proposed PUD amendment would allow the Applicant to construct a new Porsche of
Minneapolis buitding in the western parking lot currently used by the Audi dealership. The
proposed two-story building would have a footprint of 23,665 square feet.
The construction of the new building would require a reworking of the existing Audi parking lot
and a reduction in the number of total parking spaces available. Under the Zoning Code, the
proposal for the two dealerships would require 400 parking spaces (304 for Audi and 96 for
Porsche). Based on the plans the Applicant has submitted, 557 parking spaces would be provided.
This would be a net loss of 76 spaces compared to the existing parking situation.
The Applicant has stated that the existing Porsche building would remain, though it would only
house internal Porsche and Audi operations and would not be utilized for a third franchise.
Proposed Building
The applicant intends to construct a new building that would contain the Porsche operations. The
first floor of 23,665 square feet would contain a showroom, sales offices, service areas, and a car
wash. The second floor would house employee facilities in 6,170 square feet. With approximately
1,120 square feet of inezzanine space, the total square footage would be 30,955 square feet.
As proposed, the new building would meet all setbacks as established by the underlying
Commercial zoning district.
The new building would have a similar appearance to the existing Porsche building, utilizing silver
aluminum panels, glass, and illuminated signage. A long skylight on the roof would provide
natural light to the second floor employee area as well as down to the first floor showroom.
The Applicant has indicated that the appearance of the existing Porsche building would likely
need to be modified to reduce the possibility of confusion with the new facility.
Proposed Parking
There are currently 192 parking spaces in the area to be occupied by the new Porsche Dealership.
The total number of parking spaces across the entire PUD is 633. The proposed amendment
would reconfigure the parking in the existing Audi lot and ultimately reduce the number of
parking spaces by 76 to 116 spaces there and 557 overall. There is a fair amount of room for
flexibility in how the spaces might be distributed between parking for customer, employees, and
display vehicles.
In a change from the Preliminary PUD Plan, the 67 parking spaces in the lot across Wayzata
Boulevard have no longer been designated as employee parking but will be used for inventory
parking, as approved in the first PUD amendment in 1991. The lack of crosswalks nearby raised
safety concerns for employees who might be trying to cross Wayzata Boulevard.
Under the proposed reconfiguration, 37 parking spaces would be added to the south property
line in front of the new Porsche building. The first 5 feet of each of these space would fall within
the setback area. In addition, a new display area—constructed of pervious pavers—would be
located entirely within the setback area and parked in tandem with the vehicles in the spaces to
the north. It appears this areas could contain as many as 34 vehicles, though the Applicant has
indicated that many fewer vehicles would be displayed there.
Site Considerations
The proposed plans call for the use of pervious pavers in an area currently containing turf and
landscaping. Though the use of pervious pavers will allow for infiltration, a small amount of
impervious surfaces surrounding the pervious pavers will reduce infiltration in those areas.
Conversely, along the back of the lot a number or parking spaces wiil be removed to create room
for a drive aisle; some of this currently paved area is proposed to be returned to turf.
A triangular island in the middle of the new Porsche parking area will also be constructed with
pervious pavers, increasing the infiltration in an area previously covered with asphalt. Overall, the
level of imperviousness on the site will increase.
Landscaping plans submitted indicate the removal of trees within the front setback area to allow
for the construction of the new display spaces. Clusters of new trees and shrubs are proposed to
revegetate this area. In addition, landscaping would be added to the triangular island. No
plantings are indicated around or along the foundation of the new building.
The existing fighting within the Audi parking lot is non-conforming with respect to the outdoor
lighting ordinance adopting in 2007. For auto sales areas, the Zoning Code requires lighting levels
not to exceed a maximum of 20 footcandles; current levels are as high as 73 footcandles. Under
the revised lighting plan, the Applicant has worked to adjust the lighting levels to meet the
ordinance and the maximum levels now top out at 19.8 footcandles.
Public Works and Fire Safety Considerations
As is standard practice for development proposals, plans for this proposal were reviewed by the
City's Engineering Division to ensure the site can be adequately served by public utilities and that
traffic issues are resolved. A memorandum from the Engineering Division that addresses sanitary
sewer and water services, stormwater management, and tree preservation and landscaping is
attached.
The Fire Department reviewed this proposal to ensure that an adequate water supply is provided
and that adequate emergency vehicle access is achieved on the site. A memorandum from the Fire
Department that addresses fire hydrants and the location of a fire department connection is
attached.
lustification for Consideration as a PUD
The PUD process is an optional method of regulating land use in order to permit flexibility in uses
allowed, setbacks, height, parking requirements, and number of buildings on a lot. The City has
previously determined that this PUD meets the standards established in the City Code; Staff
believes that this application to amend the PUD is also consistent with these standards:
• Achieves a high quality of site planning, design, landscaping, and building materials which
are compatible with the existing and planned land uses.
• Encourages creativity and flexibility in land development.
• Encourage efficient and effective use of land, open space, streets, utilities, and other public
facilities.
• Allow mixing land uses and assembly and development of land to form larger parcels.
• Encourage development in transitional areas which achieve compatibility with all adjacent
and nearby land uses.
• Achieve development consistent with the Comprehensive Plan.
• Achieve development consistent with the City's redevelopment plans and goals.
In order to be approved as 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 and
achieves a higher quality of site planning and design than generally expected under
conventional provisions of the ordinance.
2. Preservation. The PUD plan preserves and protects substantial desirable portions of the
site's characteristics, open space and sensitive environmental features including steep
slopes, trees, scenic views, creeks, wetlands, and open waters.
3. Efficient— Effective. The PUD plan includes efficient and effective use (which includes
preservation) of the land.
4. Compatibility. The PUD Plan results in development compatible with adjacent uses and is
consistent with the Comprehensive Plan and redevelopment plans and goals.
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.
6. Meets Requirements. The PUD plan meets the PUD Intent and Purpose provision and all
other PUD ordinance provisions.
Recommendation
Staff recommends approval of the Final Plan for Carousel Automobiles PUD No. 95, Amendment
No. 3, subject to the following conditions:
1. The plans prepared by Baker Associates and submitted with the application on July 10,
2014, shall become a part of this approval.
2. The recommendations and requirements outlined in the memo from the Fire Department
to Jason Zimmerman, Planning Manager, dated August 18, 2014, shall become a part of this
approval.
3. The recommendations and requirements outlined in the memo from the Engineering
Division to Jason Zimmerman, Planning Manager, dated August 18, 2014, shall become a
part of this approval.
4. Parking in the lot south of Wayzata Boulevard shall be limited to inventory vehicles.
Employee parking in this area will not be permitted.
5. The site plan shall be revised to reiocate the parking lot spaces along the south portion of
the lot near the proposed building outside of the front yard setback area.
6. All signage must meet the requirements of the City's Sign Code (Section 4.20).
7. This approval is subject to all other state, federal, and local ordinances, regulations, or laws
with authority over this development.
Attachments
Location Map (1 page)
Memo from the Fire Department dated August 18, 2014 (1 page)
Memo from the Engineering Division dated August 18, 2014 (3 pages)
Applicant's Narrative (1 page)
Site Plans received July 10, 2014 (18 pages)
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753-593-8079/763-593-8Q98 {fax)
Date: August 18, 2014
To: Jason Zimmerman, Planning Manager
Cc: Jeff Oliver, City Engineer
From: John Crelly, Fire Chief
Subject: Final PUD—9191/9393 Wayzata Blvd— Porsche of Minneapolis—Amendment#3
I have reviewed the application for the Final PUD application for Porsche of Minneapolis—
Amendment#3 located at 9191/9393 Wayzata Blvd. Listed below are my comments that were
originally listed in a June 2, 2014 memo. These three items have not been addressed:
1. The installation and maintenance of any fire hydrant shall be in accordance with the City of
Golden Valley Public Works Department. Private fire hydrants located on private property shall
be identified with a red paint color. The installation of a fire hydrant shall be within 150 feet of
any fire department sprinkler connection or standpipe connection located on the building. City
Policy and Minnesota State Fire Code Section 9.3.3.7. Provide a fire hydrant within 150 feet of
the building fire department connection (FDC).Add a fire hydrant on the west side of the new
building.
Also,the utility plan does not show an existing fire hydrant for the Audi dealership on the
northwest corner of their building.This fire hydrant need to be maintained (not removed) in
this approximate location.
2. The fire department connection (FDC) shall be located within 150 feet of the hydrant. The plan
does not indicate a location for the FDC. Please the FDC location on future utility plans
3. The storage of motor vehicles located in the show room shall be in accordance with the
Minnesota State Fire Code Section 314.4
If you have any questions, please contact me at 763-593-8065, or e-mail
icrelly@goldenvallevmn.�ov
city o,f r�,
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763-593-8030/763-593-3988(fax)
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Date: August 18, 2014
To: vlason Zimmerman, Planning Manager
From: Jeff Oliver, P.E., City Engineer �
Eric Eckman, Public Works Spec ist�-�
Subject: Final PUD Amendment#3—Twin Cities Automotive— Porsche Dealership
Engineering staff has reviewed the plans submitted by Twin Cities Automotive for the
construction of a new Porsche building at the Porsche/Audi Dealership site located at 9191 and
9393 Wayzata Boulevard. The project is located southeast of the intersection of Interstate
Highway 394 and Trunk Highway 169, and north of Wayzata Boulevard (also known as the I-394
South Frontage Road). This memorandum discusses items that must be addressed prior to
approval of the final PUD by the City Council. The comments contained in this review are based
on the plans submitted to the City on July 10, 2014.
Site Plan
The plans submitted for the development include the construction of a new Porsche dealership
on the west side of the existing lot. The existing Porsche and Audi dealership buildings on site will
remain. In addition,the parking lot in front of the proposed Porsche building will be expanded to
the south to provide additional parking for display and customer parking.
Utilities
There is adequate capacity in the City's sanitary sewer and watermain systems to provide service
to the proposed addition to the PUD amendment.
The proposed plans include the extension of sanitary sewer from the existing on-site sanitary
sewer at the southeast corner of the current PUD to the west, parallel to the south property line
to provide service to the proposed building. The sanitary sewer within the PUD will be owned and
maintained by the property owner.
There is an existing City-owned watermain adjacent to this development that parallels the
MnDOT ramp from Trunk Highway 169 to Interstate Highway 394, and within Wayzata Boulevard
along the south boundary of the PUD. The portion of the City watermain within the PUD is within
6:\Developments-Private\Twin Cities Automotive-Porsche\Memos\Memo_PUD final_081814.docx
a platted drainage and utility easement that must remain in place. The City will continue to own
and maintain this watermain following development.
The proposed water service to the new building is from the existing City main on the north and
west side of the site. The property owner will own and maintain the water service from the valve
closest to the City main to the building.
The remainder of the existing watermain within the site is owned and maintained by Twin Cities
Automotive. The drainage and utility easement over this private watermain was vacated as part
of the previous PUD amendment approvals. The owner will be required to enter into a Utility
Maintenance Agreement outlining the owner's responsibilities for the sanitary sewer, watermain,
and storm sewer on site. This agreement will be prepared by the City and must be signed and
returned to the City for recording, prior to the issuance of permits.
A City of Golden Valley Right-of-Way Permit is necessary for all work within City easements or
street rights-of-way. Water, Sewer, and Storm Sewer permits are required for all utility work on
site.
The two buildings within the existing PUD are in compliance with Golden Valley's Inflow and
Infiltration Ordinance. However,the sewer service to the proposed dealership building will also
need to be inspected for compliance before occupancy.
Stormwater Mana�ement
This project is within the Main Stem subwatershed of the Bassett Creek watershed. The project
will require a City of Golden Valley Stormwater Management Permit. A review by the Bassett
Creek Watershed Management Commission (BCWMC) will also be required.
The City must approve the Stormwater Management Plans prior to submittal to the BCWMC. In
addition,the PUD is subject to the Minnesota Pollution Control Agency's NPDES Construction
Permit. A copy of this permit must be obtained by the Developer and provided to the City, prior
to issuance of any permits to begin work on site.
Plans show 5,504 square feet of pervious pavers to be installed on the Porsche site. The
maintenance requirements for these pavers must be included in the maintenance agreement
discussed earlier in this review.
The proposed building and parking areas include the installation of storm sewers which drain to
the existing pond on the east side of the property. Existing and proposed stormwater calculations
must be supplied to the City showing that the proposed drainage changes do not exceed the
design capacity of the existing pond in terms of rate, volume, or water quality.
The Erosion Control Plans must be changed to show down-gradient perimeter protection across
the paved area on the south end of the building site. This must be completed at the time of
application for the City of Golden Valley Stormwater Management Permit.
6:\Developments-Private\Twin Cities Automotive-Porsche\Memos\Memo_PUD_final_081814.docx
Tree Preservation and Landscape Plan
City Forestry staff reviewed the Landscape Plan and determined that at least six significant trees
(spruce) will be impacted by the proposed building and parking lot expansion. The proposed tree
planting plan and landscape plan appear to meet City requirements. A Tree Preservation Permit
will be required before work can begin.
Prior to issuance of permits, the Developer will be required to sign a landscape deposit
agreement and post a financial security as a guarantee that the landscaping will survive the two-
year warranty period. In order to calculate the security,the Developer must submit to the City an
estimate of the cost to furnish and install all landscape materials.
Summarv and Recommendations
Public Works staff recommends approval of the PUD Amendment for Twin Cities Automotive,
subject to the comments contained in this review, summarized as follows:
1. The Owner must enter into a Utility Maintenance Agreement prior approval of the PUD
Amendment by the Golden Valley City CounciL
2. The Owner or Contractor must submit an application to the Bassett Creek Watershed
Management Organization. The Owner must submit stormwater calculations as part of its
submittal.
3. The Erosion Control Plans must be changed to show down-gradient perimeter protection
across the paved area. This must be completed at the time of application for the City of
Golden Valley Stormwater Management Permit.
4. The Owner or Contractor must obtain a City of Golden Valley Right-of-Way Permit if work
is done within an easement or street Right-of-Way.
5. The Owner must obtain a City of Golden Valley Tree Preservation Permit.
6. The Owner must submit estimated costs to furnish and install landscaping plant materials.
Approval is also subject to the review and comment of the City Attorney and other City staff.
Please feel free to call the Public Works Department if you have any questions regarding this
matter.
C: Tom Burt, City Manager
Bert Tracy, Public Works Maintenance Manager
Mitch Hoeft, PE, Utilities Engineer
Mark Ray, PE, Street Maintenance Supervisor
AI Lundstrom, Park Maintenance Supervisor and City Forester
Kelley Janes, Utilities Supervisor
John Crelly, Fire Chief
Jerry Frevel, Building Official
Sue Virnig, Finance Director
G:\Developments-Private\Twin Cities Automotive-Porsche\Memos\Memo_PUD_final 081814.docx
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r�or��cH� JUL i Q 2014 �;
May 8, 2014
BY �':
Mark Grimes Porsche of Minneapolis
Community Development Director 9191 Wayzata Boulevard
Minneapolis, MN 55426
City of Goiden Valiey P. 763-744-9191
F. 763-744-9109
7800 Golden Valiey Rvad porscheofminneapolis.com
Golden Valley, MN 55427
Dear Mr. Grimes,
On behalf of Twin Cities Automotive, I am writing to request a PUD Amendment and consideration for
the construction of a new Porsche of Minneapolis facility. After much consideration, Twin Cities
Automotive feels it is in the best interest of our company, Porsche Cars North America, and the Golden
Valley dealership campus to build a new Porsche facility rather than renovate the existing building. The
cost to build new is comparable to the cost of renovating. More importantly,the finished product will be
more functional and attractive due to not having to work around existing building constraints.
The new facility will be located to the west of the existing Audi dealership.This will minimize disruptions
to our current operations and help ensure business remains strong as we make this significant
investment. lastly, relocating Porsche to the west end of the property provides maximum site flexibility
for both Porsche and Audi as each business grows.
The existing Porsche facility will be used to improve the internal operations of both the Porsche and
Audi franchise.We have no intention of adding a third franchise to the property.
We ask that you consider approving our plans for the new facility so that Porsche of Minneapolis can
deliver strong sales growth to Porsche Cars North America, an unmatched experience to both existing
and new customer,and additional job opportunities.
Respectfully Submitted,
C=
Thomas 0. Pohlad
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ORDINANCE NO. 529, 2ND SERIES
AN ORDINANCE AMENDING THE CITY CODE
Approval Amendment to Final Plan of Development
Carousel Automobiles (Porsche Dealership) P.U.D. No. 95, Amendment 3
Twin Cities Automotive DBA Golden Valley TCA P., LLC, Applicant
The City Council for the City of Golden Valley hereby ordains as foltows:
Section 1. City Code Chapter 11 entitled "Land Use Regulations (Zoning)" is
amended in Section 11.10, Subd. 2, and Section 11.55, by approving the Final Plan of
Devetopment for Planned Unit Development (P.U.D.) 95, Amendment 3, thereby
allowing the applicant to expand the existing Porsche dealership building and modify the
parking lot.
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 Baker Associates and submitted with the application on July
10, 2014, shall become a part of this approval.
2. The recommendations and requirements outlined in the memo from the Fire
Department to Jason Zimmerman, Planning Manager, dated August 18, 2014, shall
become a part of this approval.
3. The recommendations and requirements outlined in the memo from the Engineering
Division to Jason Zimmerman, Planning Manager, dated August 18, 2014, shall
become a part of this approval.
4. Parking in the lot south of Wayzata Boulevard shall be limited to inventory vehicles.
Employee parking in this area will not be permitted.
5. All signage must meet the requirements of the City's Sign Code (Section 4.20).
6. This approval is subject to all other state, federal, and local ordinances, regulations,
or laws with authority over this development.
In addition the Council makes the following findings pursuant to City Code
Section 11.55, Subd. 6(Q):
1. The PUD plan is tailored to the specific characteristics of the site and achieves a
higher quality of site planning and design than generally expected under
conventional provisions of the ordinance.
2. The PUD plan preserves and protects substantial desirable portions of the site's
characteristics, open space and sensitive environmental features including steep
slopes, trees, scenic views, creeks, wetlands and open waters.
3. The PUD plan includes efficient and effective use (which includes preservation) of
the land.
4. The PUD plan results in development compatible with adjacent uses and is
consistent with the Comprehensive Plan and redevelopment plans and goals.
5. The PUD plan is consistent with preserving and improving the general health, safety
and general welfare of the people of the City.
6. The PUD plan meets the PUD Intent and Purpose provision and all other PUD
ordinance provisions.
Section 2. The tract of land affected by this ordinance is legally described as
follows:
Lot 1, Block 1, Lot 1, Block 2, and Outlot A, all in Carousel Automobiles P.U.D. No. 95
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 September, 2014.
/s/Sh�ard M. Harris
Shepard M. Harris, Mayor
ATTEST:
/s/ Kristine A. Luedke
Kristine A. Luedke, City Clerk
Gl�� C)�
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Executive Summary For Action
Golden Valley City Council Meeting
September 16, 2014
60 days deadline: September 23, 2014
Agenda Item
4. C. Public Hearing- Preliminary PUD Plan for Golden Villas PUD No. 118- 9130 and 9220 Olson
Memorial Highway- Golden Villas, LLC,Applicant
Prepared By
Jason Zimmerman, Planning Manager
Summary
Golden Villas, LLC, represented by William Stoddard, is seeking approval of a Planned Unit
Development (PUD) Permit to develop a seven level (six stories above ground and one level below)
162 unit market rate apartment building at 9130 and 9220 Olson Memorial Highway. The site
currently houses a vacant bowling alley and a small office building. This is the location of the recent
Tiburon Apartments development which was approved in 2012 but not constructed.
The property is zoned R-4 High Density Residential and guided for long-term High Density
Residential use on the General Land Use Plan map. The total area of the two lots is 2.57 acres; if
approved, the two subject parcels would be replatted into one lot.
The project is located within the area designated as the Highway 55 West Development Area by the
City's Housing and Redevelopment Authority (HRA). The Applicant has submitted an application to
receive Tax Increment Financing (TIF) assistance in order to make the project financially feasible.
The proposed PUD wou�d allow the construction of a market rate apartment building centrally
located on the site. A majority of the parking would be in an underground level as well as a
portion of the ground level. Surface parking spaces would be located on three sides of the
building. The remaining half of the first floor would contain the lobby and 8 one-bedroom units
with individuaf entrances that would face Golden Valley Road. Levels two through six would
contain a mixture of 14 studios, 106 one-bedroom units, and 42 two-bedroom units. Additional
amenities include an outdoor pool, a spa, secure indoor bicycle parking for residents, and a sixth
floor outdoor terrace. The Applicant is also proposing to utilize some solar power and water
conservation technologies.
The total square footage of the building is estimated to be 246,272 square feet. Building materials
are projected to be a mixture of brick, metal panels, and fiber cement siding. Unit sizes would
range from 645 square feet to 1,188 square feet. 166 of the 223 parking spaces would be enclosed
while 57 would be surface spaces. Preliminary plans indicate two spaces for car share vehicles,
outdoor bicycle parking to compliment the indoor secure bicycle storage, and 20 spaces for
scooter/moped parking. The pool and terrace would be located on level two and at the rear of the
building nearest Olson Memorial Highway. A sidewalk is proposed to be added to the north side of
the site along Golden Valley Road.
Landscaping is concentrated mainly around the perimeter of the site. While a significant amount
of old pavement would be removed as part of the proposal, the massing of the new building, the
surface parking spaces, and a 20 foot fire access lane around the rear of the property would
increase the impervious surface amount to 80%.
A neighborhood meeting was held on September 10 to share this proposal with neighbors.
At the August 25, 2014, Planning Commission meeting, the Commission voted 4-0 to recommend
approval of the Preliminary PUD Plan.
City Code establishes standards for PUDs, which are laid out in the Staff report to the Planning
Commission. In addition, City Code establishes findings that must be made by the City when
creating a PUD. These findings are included in the City Council's recommended action.
Attachments
• Location Map (1 page)
• Planning Commission Minutes dated August 25, 2014 (4 pages)
• Memo to the Planning Commission dated August 25, 2014 (5 pages)
• Memo from the Public Works Division dated August 18, 2014 (6 pages)
• Memo from the Fire Department dated August 18, 2014 (2 pages)
• Applicant's Narrative (2 pages)
• Site Plans submitted July 25 and August 11, 2014 (14 pages)
Recommended Action
Motion to approve the Preliminary PUD Plan for Golden Villas PUD No. 118 subject to the
following conditions:
1. The plans prepared by Gronberg &Associates, Inc., submitted with the application on Jufy
25 and August 11, 2014, 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, dated August 18, 2014, 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, dated August 18, 2014, shal) become a part of this
approval.
4. The final design shall be reviewed by the City prior to Final Plan approval.
5. A�I signage must meet the requirements of the City's Sign Code (Section 4.20).
6. A park dedication fee of$31,680 (2% of the estimated land value) shall be paid prior to
approval of the Final Plat.
7. The Final Plat shall include "P.U.D. No. 118" in its title.
8. 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.
5(E):
1. The PUD plan is tailored to the specific characteristics of the site and achieves a higher quality
of site planning and design than generally expected under conventional provisions of the
ordinance.
2. The PUD plan preserves and protects substantial desirable portions of the site's
characteristics, open space and sensitive environmental features including steep slopes,
trees, scenic views, creeks, wetlands and open waters.
3. The PUD plan includes efficient and effective use (which includes preservation) of the land.
4. The PUD plan resutts in development compatible with adjacent uses and is consistent with
the Comprehensive Plan and redevelopment plans and goals.
5. The PUD plan is consistent with preserving and improving the general health, safety and
general welfare of the people of the City.
6. The PUD plan meets the PUD Intent and Purpose provision and all other PUD ordinance
provisions.
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Minutes of the Golden Valley Planning Commission
August 25, 2014 rp�
Page 7
. The PUD plan preserves and pr tects substantial desirable portions of-the site's
characteristics, open space and ensitive environmental features including steep
s es, trees, scenic views, cree , wetlands, and open waters:'
3. The �, D plan includes efficient d effective use (which includes preservation) of
the lan :�.
4. The PUD � results in develop ent compatible w�th�adjacent uses and is
consistent with�` ; Comprehensi�, Plan and redevelopment plans and goals.
5. The PUD plan is c�n�istent with p,eserving arid improving the general health, safety
and general welfare of`the people.of the Cify.
6. The PUD plan meets the PU:p Int�nt ancl Purpose provision and all other PUD
ordinance provisions. �.� =
Conditions , '��
1. The plans prepared by Baker Asj"ociates and submitted with the application on
July 10, 2014, shall b��me a pa` of this approval.
2. The recommendatiqr�s and requir� ments outlinecJ.in the memo from the Fire
Department to Jason Zimmerman;; Planning Manag�r., dated August 18, 2014,
shall become �--part of this approv; L �4,,
3. The recommendations and requir� ents outlined in the m�emo from the
Engineering Division to Jason Zim' erman, Planning ManagerT:,,dated August 18,
2014, shall become a part of this a provaL �'�t��
4. Parkir�g in the lot south of Wayzat� Boulevard shall be limited to inv� tory
veh,icles. Employee parking in this� rea will not be permitted.
5. l�`signage must meet the require nts of the City's Sign Code (Sectio` .20).
6. �his approval is subject to all other tate, federal, and local ordinances,
regulations, or laws with authority over this development.
5. Informal Public Hearing — Preliminary Plan Review— Planned Unit
Development (PUD) — Golden Villas — PUD #118
Applicant: Golden Villas, LLC
Address: 9130 & 9220 Olson Memorial Highway
Purpose: To construct a seven-story, 162-unit apartment building.
Zimmerman stated that the applicant is proposing to develop a seven-story, 162 unit, market
rate apartment building on the 2.57 acre site. He stated that the applicant is also seeking
TIF assistance to help make the project financially feasible. He noted that 9130 Olson
Memorial Highway contains a small, one-story office building, and 9220 Olson Memorial
Highway contains the vacant bowling alley.
Zimmerman referred to a site plan and explained that the proposed new building will be
centrally located on the site. He stated that there will be two access points on Golden Valley
Road, and a sidewalk will be constructed along Golden Valley Road. He referred to the
parking on the site, and noted that the majority of the parking will be underground or
Minutes of the Golden Valley Planning Commission
August 25, 2014
Page 8
enclosed on the ground floor level. There will be surFace parking on three sides of the
building and a 20-foot wide fire drive aisle along the rear of the building. He discussed some
of the features and amenities including, eight units with individual entrances, secure bicycle
parking/storage, a pool, and terrace among others.
Zimmerman noted that staff is recommending approval of the Preliminary PUD plan subject
to the Engineering and Fire Department comments including: the relocation of parking out of
the right-of-way, additional work on the stormwater system, the number and location of fire
hydrants, and radio operability for emergency responders within the building.
Kluchka asked if the applicant would be installing the sidewalk along Golden Valley Road.
Zimmerman said yes.
Kluchka asked if parking is allowed on Golden Valley Road. Zimmerman said he wasn't
sure, but that he would find out.
Segelbaum asked for clarification on the number of stories. Zimmerman stated that there
are six stories above ground, and one underground.
Segelbaum noted that the nearby JHAP property has TIF financing and asked if that will
impact this proposa�. Zimmerman said the properties are viewed independently.
Segelbaum referred to the number of parking spaces and the amount of impervious surface
and asked if it seems reasonable to allow less parking, but more impervious surface.
Zimmerman stated that if there are ways to redesign the 20-foot wide fire lane, there will be
more options to explore ways to reduce the amount of impervious surface.
Bill Stoddard, Applicant, stated that the former Tiburon project proposed for this site was six
levels. He decided to have one level of underground parking which made it possible to
reduce the height. He noted that on the street side of the building he is proposing some
direct access units. He discussed other senior living facilities that he had deve�oped in
Florida and discussed several of the amenities he plans for this project including a day spa,
"car to go" options, and conservation measures including roof top solar and water
conservation efforts. He said he loves this gateway location, but he can't do the project
without TIF. He referred to a site plan and stated that the structural coverage on the site will
be 42.7% which includes the buitding, parking areas, and the fire lane.
Waldhauser asked Stoddard if he has done other project in this area, and who will be
managing this project once it is built. Stoddard said he has done some developments in
Minnetonka and in a few other locations. He said he will be interviewing management
companies to manage the property.
Segelbaum asked Stoddard if he will continue to own the property after the building is
constructed, or if he plans to sell it. Stoddard said it is his intent to keep the property for a
long time.
Minutes of the Golden Valley Planning Commission
August 25, 2014
Page 9
Segelbaum asked Stoddard if he thinks the proposed 223 parking will be adequate.
Stoddard said he believes that amount of parking will be adequate. He added that he can
add more parking spaces on the site if needed. He is also proposing bicycle and moped
spaces and he wants to really push the "car to go" option.
Blum asked if the moped spaces count in the overall number of parking spaces. Stoddard
said no, and added that he is proposing 20 outdoor scooter spaces. Zimmerman agreed
that the scooter spaces are viewed differently than regular parking spaces.
Segelbaum asked Stoddard about the timeline of this project. Stoddard said this project will
take approximately 13 months to construct, and he hopes to break ground next summer.
Kluchka said he is interested in a sidewalk connection to let pedestrians know they are
welcome to walk on the property, not just past it. He added that he would also like to see a
high level of design and quality in this gateway location. Stoddard said he typically uses 1/3
brick, 1/3 panels and 1/3 Hardie board siding, or something similar, to break up the look.
Kluchka opened the public hearing.
Kris Soder, Brookview Condominiums, said she is concerned about the traffic impacts from
this proposal.
Naomi Gardner, Brookview Condominiums, asked if this entire project consists of rental
units. Kluchka said yes.
Seeing and hearing no one else wishing to comment, Kluchka closed the public hearing.
Kluchka asked about the traffic issues. Zimmerman stated that a traffic study was done for
the previously approved Tiburon project, and that this proposal is not much different.
However, staff will continue to work with the applicant on ways to improve any traffic issues.
Segelbaum asked about the status of the Highway 55 exit ramp. Zimmerman stated that the
slip ramp reconstruction was part of the Tiburon proposal, but it is not part of this proposal.
Segelbaum said he thought the ramp project was part of the TIF district proposal.
Zimmerman stated that there is a redevelopment area that includes several parcels, but
each project is different.
Kluchka said he would like to see some intersection improvements, and he wants to see
what the additional traffic will do to the wait times, not just the capacity issues. Zimmerman
stated that the HRA will be reviewing this proposal. He added that one concern staff has is
that MnDOT could close the slip ramp. He said the City does not want all the traffic to have
to go to Boone Avenue.
Segelbaum asked if there will be a neighborhood meeting held. Zimmerman said yes, the
PUD process requires that a neighborhood meeting be held.
Minutes of the Golden Valley Planning Commission
August 25, 2014
Page 10
Kluchka suggested a condition be added regarding the review of design and materials.
Segelbaum said he would like to add that language stating that review should also occur on
the items not shown in the current plans in order to preserve the City's rights. Waldhauser
agreed that it is difficult to tell at this point if the applicant and Planning Commission are
aiming toward the same goals.
MOVED by Segelbaum, seconded by Waldhauser and motion carried unanimously to
recommend approval of the Preliminary PUD Plan for PUD #118, Golden Villas subject to
the following findings and conditions:
Findinqs:
1. The PUD plan is tailored to the specific characteristics of the site and achieves a
higher quality of site planning and design than generally expected under
conventional provisions of the ordinance.
2. The PUD plan preserves and protects substantial desirable portions of the site's
characteristics, open space and sensitive environmental features including steep
slopes, trees, scenic views, creeks, wetlands, and open waters.
3. The PUD plan includes efficient and effective use (which includes preservation) of
the land.
4. The PUD Plan results in development compatible with adjacent uses and is
consistent with the Comprehensive Plan and redevelopment plans and goals.
5. The PUD plan is consistent with preserving and improving the general health, safety
and general welfare of the people of the City.
6. The PUD plan meets the PUD Intent and Purpose provision and all other PUD
ordinance provisions.
Conditions:
1. The plans prepared by Gronberg & Associates, Inc., submitted with the application
on July 25 and August 11, 2014, 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, dated August 18, 2014, 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, dated August 18, 2014, shall
become a part of this approval.
4. The final design of materials and landscaping shall be reviewed and approved by the
City prior to Fina� Plan approval.
5. All signage must meet the requirements of the City's Sign Code (Section 4.20).
6. A park dedication fee of$31,680 (2% of the estimated land value) shall be paid prior
to approval of the Final Plat.
7. The Final Plat shall include "P.U.D. No. 118" in its title.
8. This approval is subject to all other state, federal, and local ordinances, regulations,
or laws with authority over this development.
--Short Recess—
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Date: August 25, 2014
To: Golden Valley Planning Commission
From: Jason Zimmerman, Planning Manager
Subject: Informal Public Hearing— Preliminary PUD Plan for Golden Villas PUD No. 118
—9130 and 9220 Olson Memorial Highway—Golden Villas, LLC,Applicant
Background
Golden Villas, LLC, represented by William Stoddard, is seeking approval of a Planned Unit
Development (PUD) Permit to develop a seven story 162 unit market rate apartment building at
9130 and 9220 Olson Memorial Highway, The site currently houses a vacant bowling alley and a
small office building. This is the location of the recent Tiburon Apartments development which was
approved in 2012 but not constructed.
The property is zoned R-4 High Density Residential and guided for long-term High Density
Residential use on the General Land Use Plan map. The total area of the two lots is 2.57 acres; it is
bounded by Olson Memorial Highway to the south and Golden Valley Road to the north. The
adjacent property to the west contains the National Camera Exchange and the adjacent property to
the east contains a small one story office building. If approved, the two subject parcels would be
replatted into one lot.
The project is located within the area designated as the Highway 55 West Development Area by the
City's Housing and Redevelopment Authority (HRA). The Applicant has submitted an application to
receive Tax Increment Financing (TIF) assistance in order to make the project financially feasible.
Summary of Proposal
The proposed PUD would allow the Applicant to construct a seven story 162 unit market rate
apartment building centrally located on the site. A majority of the parking would be in an
underground level as well as a portion of the ground level. Surface parking spaces would be
located on three sides of the building. The remaining half of the first floor would contain the
lobby and 8 one-bedroom units with individual entrances that would face Golden Valley Road.
Levels two through six would contain a mixture of 14 studios, 106 one-bedroom units, and 42
Page 1
two-bedroom units. Additional amenities include an outdoor pool, a spa, secure indoor bicycle
parking for residents, and a sixth floor outdoor terrace. The Applicant is also proposing to utilize
some solar power and water conservation technologies.
The total square footage of the building is estimated to be 246,272 square feet. Building materials
are projected to be a mixture of brick, metal panels, and fiber cement siding. Unit sizes would
range from 645 square feet to 1,188 square feet. 166 of the 223 parking spaces would be enclosed
while 57 would be surface spaces. Preliminary plans indicate two spaces for car share vehicles,
outdoor bicycle parking to compliment the indoor secure bicycle storage, and spaces for
scooter/moped parking. The pool and terrace would be located on level two and at the rear of the
building nearest Olson Memorial Highway. A sidewalk is proposed to be added to the north side of
the site along Golden Valley Road.
Landscaping is concentrated mainly around the perimeter of the site. While a significant amount
of old pavement would be removed as part of the proposal, the massing of the new building, the
surface parking spaces, and a 20 foot fire access lane around the rear of the property would
increase the impervious surface amount to 80%.
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PUD 118 - Site Map
Page 2
Land Use and Zoning Considerations
The property was reguided for long-term High Density Residential use in the Comprehensive Plan
and rezoned to R-4 High Density Residential zoning in 2012 in anticipation of the Tiburon
Apartment project. As a PUD, the City can offer flexibility from the regular zoning requirements in
order to achieve a better development.
The following table summarizes how closely the requirements of the R-4 High Density Residential
Zoning District are met under the current proposal:
R-4 High Density Residential Golden Villas
Use Multiple-family dwellings Apartment
Density Over 12 units/acre 63 units/acre
Dimensional Standards
Height Maximum of 5 stories or 60 7 stories and 74 feet
feet or else by CUP
Minimum lot area 20,000 square feet 2.57 acres
Minimum lot width 150' 480'+
Structure coverage 40% maximum unknown
Impervious coverage 60% maximum approx. 80%
Front setback 25' 35'
Side and rear setback 20' approx. 40'
Parking for 162 units
1.5 spaces per dwelling unit 243 223
Engineering and Fire Safety Considerations
As is standard practice for development proposals, plans for this proposal were reviewed by the
City's Engineering Division to ensure the site can be adequately served by public utilities and that
any traffic issues are resolved. A memorandum from the Engineering Division that addresses
easements, traffic, sanitary sewer and water services, storm water management, and tree
preservation and landscaping is attached.
The Fire Department reviewed this proposal to ensure that buildings are equipped with fire
protection systems and that adequate emergency vehicle access is achieved on the site. A
memorandum from the Fire Department that addresses fire access, water supply, fire hydrants,
and emergency responder radio coverage is attached.
Justification for Consideration as a PUD
The PUD process is an optional method of regulating land use in order to permit flexibility in uses
allowed, setbacks, height, parking requirements, and number of buildings on a lot. Staff has
determined that this application qualifies as a PUD because it achieves the following standards
established in City Code:
• Encourages, preserves, and improves the health, safety and general welfare of the people
of the City by encouraging the use of contemporary land planning principles.
Page 3
• Achieves a high quality of site planning, design, landscaping, and building materials which
are compatible with the existing and planned land uses.
• Encourages creativity and flexibility in land development.
• Encourages efficient and effective use of land, open space, streets, utilities, and other
public facilities.
• Allows mixing land uses and assembly and development of land to form larger parcels.
• Encourages development in transitionaf areas which achieves compatibility with all adjacent
and nearby land uses.
• Achieves development consistent with the Comprehensive Plan.
� Achieve development consistent with the City's redevelopment plans and goals.
• Encourages development that is sustainable and has a high degree of energy efficiency.
In order to be approved as 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 and
achieves a higher quality of site planning and design than generally expected under
conventional provisions of the ordinance.
2. Preservation. The PUD plan preserves and protects substantial desirable portions of the
site's characteristics, open space and sensitive environmental features including steep
slopes, trees, scenic views, creeks, wetlands, and open waters.
3. Efficient—Effective. The PUD plan includes efficient and effective use (which includes
preservation) of the land.
4. Compatibility. The PUD Plan results in development compatible with adjacent uses and is
consistent with the Comprehensive Plan and redevelopment plans and goals.
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.
6. Meets Requirements. The PUD plan meets the PUD Intent and Purpose provision and all
other PUD ordinance provisions.
Recommendation
Staff recommends approval of the Preliminary Plan for Golden Villas PUD No. 118, subject to the
following conditions:
1. The plans prepared by Gronberg& Associates, Inc., submitted with the application on July
25 and August 11, 2014, 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, dated August 18, 2014, 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, dated August 18, 2014, shall become a part of this
approvaL
4. The final design shall be reviewed by the City prior to Final Plan approval.
5. All signage must meet the requirements of the City's Sign Code (Section 4.20).
6. A park dedication fee of$31,680 (2% of the estimated land value) shall be paid prior to
approval of the Final Plat.
Page 4
7. The Final Plat shall include "P.U.D. No. 118" in its title.
8. This approval is subject to all other state, federal, and local ordinances, regulations, or laws
with authority over this development.
Attachments
Location Map (1 page)
Applicant's Narrative (2 pages)
Memo from the Public Works Division dated August 18, 2014 (6 pages)
Memo from the Fire Department dated August 18, 2014 (2 pages)
Site Plans submitted July 25 and August 11, 2014 (14 pages)
Page 5
city of �
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763-593-8030/763-593-3988(fax)
Date: August 18, 2014
To: Jason Zimmerman, City Planner
From: Jeff Oliver, PE, City Engineer
Eric Eckman, Public Works Sp cialist���'
Subject: Preliminary PUD Plan Review—Golden Villas
(9130 and 9220 Olson Memorial Highway)
Public Works staff has reviewed the Preliminary Planned Unit Development (PUD) Plans for
Golden Villas as submitted by the Stoddard Companies. The proposed PUD is located at 9130 and
9220 Olson Memorial Highway in the northeast quadrant of the intersection of Trunk Highways
55 and 169. The redevelopment consists of combining two existing commercial properties to
construct a seven-story, 162-unit, market-rate apartment building. This memorandum discusses
issues identified during the Public Works review that must be addressed prior to approval of the
Final PUD Plans. The comments contained in this review are based on the plans submitted to the
City on July 28, 2014. Redevelopment of this site as a PUD was previously approved by the City
Council as The Tiburon.
A PUD Development Agreement will be drafted by the City at the time of final PUD approval
which will outline additional conditions and costs associated with the development.
Preliminarv Plat and Site Plan
This redevelopment will consolidate two commercial properties to create one lot for the
proposed apartment building. The two vacant commercial buildings include a former bowling
alley and an office that will be demolished as part of the project.The new apartment building
has an enclosed parking garage below the units (at ground level)that will provide 166 parking
spaces, as well as two surface parking lots that will provide 57 spaces. The two existing driveways
onto Golden Valley Road will be removed and replaced with two new driveways located at the
northwest and northeast corners of the site.
The property proposed for redevelopment is adjacent to Trunk Highway 55; therefore, it is
subject to review and comment by the Minnesota Department of Transportation (MnDOT).
MnDOT had previously reviewed the plans for The Tiburon PUD and provided comment to the
G:\Developments-Private\Golden Villas(Tiburon)\Villas_Prelim PUD review 081814.docx
City; however,the plans have been modified from the previous proposal must therefore be
resubmitted for review.
The property proposed for redevelopment was previously unplatted and there are no recorded
easements running in favor of the City. However,the preliminary plat shows several easements
or agreements that involve public rights-of-way adjacent to the property. The Developer must
submit copies of each of these documents to the City for its evaluation.
The site survey indicates that the north property line is the centerline of Golden Valley Road and
references County Board Proceedings. This easement across the north 33 feet of the property is
for roadway purposes atong Golden Valley Road and must be vacated and re-dedicated as public
right-of-way on the final plat.
The City's Subdivision Ordinance requires 10-foot drainage and utility easements on the plat
boundaries and 12-foot easements centered on all interior lot lines. The final plat for this
development must include easements on all property lines, consistent with the City's Subdivision
Ordinance and as shown on the pretiminary plat.
The Site Plan submitted for review indicates that a portion of the parking stalls on the north side
of the building will encroach into the right-of-way(existing easement)for Golden Valley Road.
Because the Golden Valley Road corridor is heavily utilized by private utility companies for below-
ground installations and for snow storage, the Site Plan must be re-evaluated to remove the
parking stalls from the right-of-way. The City will consider issuance of a Right-of-Way Permit for
placement of the parking stalls within the platted drainage and utility easement along Golden
Valley Road.
The Metropolitan Council Environmental Services (MCES) owns and operates two sanitary sewer
forcemains near the south property line. The Developer must show the MCES forcemains on the
plans, as well as the corresponding easements, if applicable. Furthermore,the Developer must
submit the proposed Site Plan to the MCES for their review and comment.
A Right-of-Way Permit is required for driveway work and for all excavations and obstructions in
public right-of-way. Additionally,the Developer or Contractor will be required to obtain the
appropriate permits for all activities associated with demolition and removals prior to
commencing work.
The proposed Site Plan includes the installation a 20-foot wide paved emergency access road
around the south side of the building, connecting the parking lots on each side of the site. As
discussed in the Utility Plan portion of this memorandum, the addition of the fire hydrants onsite
will allow flexibility in the design of this access roadway which will also provide options for
relocation of the parking stalls on the north side of the site, outside of the Golden Valley Road
right-of-way as discussed above. The determination of access road width and location must be
included on the final PUD submittal and will be subject to the review and comment of the Fire
Department and the Engineering Department.
G:\Developments-Private\Golden Villas(Tiburon)\Villas_Prelim PUD review 081814.docx 2
The new driveway aprons into the site must be constructed according to City standards for
commercial driveway aprons. These specifications will be provided to the Developer at the time
of issuance of the Right-of-Way Permit.
Traffic and Access Mana�ement
The existing street system in the vicinity of this development is adequate to accommodate the
new vehicle trips generated by the development. However, the intersection of Golden Valley
Road, Decatur Avenue, and Trunk Highway 55 has existing operational issues that are currently
being evaluated. While adequate capacity is present at the intersection, modifications are being
considered to maximize safety and efficiency.
The City's Comprehensive Plan shows proposed sidewalks along Mendelssohn Avenue, Golden
Valley Road, Decatur Avenue, and 7th Avenue from Plymouth Avenue to Boone Avenue. The
development is adjacent to this route;therefore,the Developer will be required to construct a
portion of the sidewalks and pedestrian facitities in this area. It is anticipated that this will include
the construction of a six-foot concrete walk meeting City Standards and Americans with
Disabilities Act (ADA) guidelines on the south side of Golden Valley Road, along the entire length
of the property.
Utilitv Plan
The City's sanitary sewer and water systems that provide service to these properties have
adequate capacity to accommodate the proposed redevelopment. The Developer has
demonstrated that extension of services is possible, as shown on the Utility Plan.
According to the City's record drawings, there are three sewer laterals serving the existing
property. The plans submitted include the installation of a new sanitary sewer service to the
building near its northeast corner, but does not indicate the removal of the existing sanitary
sewer services. The final plans must be modified to include the removal of the three existing
services from the main within Golden Valley Road to the end of the service. The new sewer
service will be privately owned and maintained by the Developer, consistent with City Code.
City record drawings indicate there are three water services serving the existing property. The
Developer proposes to install new domestic and fire protection water services to the building.
However, as with the sewer services, the plans do not indicate removal of the existing water
services and must be modified to identify their removal from the main to the point they are cut
off during building demolition. The water services will be owned and maintained by the City from
the City's watermain up to and including the shut off vatves located at the street right-of-way
line. The Developer will own and maintain the services between the shut-off valves and into the
buildings.
The proposed Utility Plan also indicates the extension of two fire hydrants into the site from the
City watermain in Golden Valley Road. The proposed hydrants are located near the northwest
and northeast corners of the apartment building and are acceptable as proposed. However, the
plan must be modified to include the relocation of two additional hydrants to the southwest and
G:\Developments-Private\Golden Villas(Tiburon)\Villas_Prelim PUD review 081814.docx 3
southeast corners of the building. The installation of these two additional hydrants will provide
flexibility in Fire Department response. In addition, the hydrant relocation will provide flexibility
in possible revision of the Site Plan to remove the parking stalls on the north side of the building
from the Golden Valley Road right-of-way. The modifications to the Site Plan and Utility Plan
must be included with the final PUD submittal.
The Developer or Contractor will be required to obtain the appropriate Sewer and Water
Permits from the City for the removal and installation of the sanitary sewer and water services.
In addition, permits may be required from MCES and MnDOT for work within their respective
easements and rights-of-way.
A City Right-of-Way Permit is required for the obstruction or excavation of City streets and right-
of-way. The plans show that Golden Valley Road will be open cut in several locations;therefore, a
Right-of-Way Permit is required for the work. In addition, because the City overlaid Golden Valley
Road with new asphalt in 2012, an increased level of restoration is required for this roadway.
According to City standards, cutting a pavement less than five years old requires a full-width
pavement mill and overlay at a length determined by the City Engineer. The exact method, scope,
and cost of restoration will be determined by the City and included in the PUD Development
Agreement. The work must be performed immediately following the utility and driveway
installation.
The City has an Inflow and Infiltration (I/I) Ordinance that requires the sanitary sewer service to
be brought into compliance when developing or subdividing a property. The Developer will be
removing the existing sewer laterals to the main;therefore,the new lateral will require an I/I
Permit and televised inspection upon construction. The new lateral must achieve compliance
with the I/I Ordinance, prior to occupancy of the building. In order to ensure that the existing
laterals will be removed, the Developer will be required to post a financial security. Staff will
determine the amount and include this item in the I/I Deposit Agreement which must be
executed between the Owner and the City.
The Developer will be required to enter into a Utility Maintenance Agreement for the long-term
maintenance and operation of the fire hydrants onsite. This agreement will be prepared by the
City for execution at the time of final PUD approval.
Stormwater Mana�ement and Gradin�
The property being redeveloped is located within the Main Stem sub-watershed of the Bassett
Creek Watershed;therefore, it is subject to the review of the Bassett Creek Watershed
Management Commission (BCWMC). The BCWMC will review the plans for compliance with its
water quality standards.
This redevelopment is subject to the City's Stormwater Management Ordinance. A City
Stormwater Management Permit will be required before the start of construction. Upon approval
of the Stormwater Management Plan by the City, the Developer must submit the plans to the
G:\Developments-Private\Golden Villas(Tiburon)\Villas_Prelim PUD review 081814.docx 4
BCWMC for its review and comment. The City will not issue permits for new construction or site
work until approval from the BCWMC is received.
The preliminary grading plan submitted for review must be modified and resubmitted with the
final PUD submittal to meet City specifications.
The Developer has proposed stormwater quality treatment facilities as part of this
redevelopment consisting of an underground pipe gallery for rate control and volume reduction
through infiltration. More information on the design and anticipated maintenance of the
underground infiltration system must be provided to the City in order to ensure a proper review.
It is recommended that the Developer include sump manholes or other pre-treatment devices to
remove sediment from stormwater runoff, prior to discharge into the infiltration system. The
installation of sediment-capture devices upstream of the infiltration system will facilitate
sediment removal prior to infiltration and will maximize the lifespan of the infiltration system.
The Developer will own and maintain the entire stormwater conveyance and treatment
system onsite and will be required to enter into a Maintenance Agreement for these facilities.
The agreement will be drafted by the City and must be signed, prior to approval of the Final
PUD Permit.
The Stormwater Management Plans include a discharge from the infiltration system into the
north ditch of Trunk Highway 55. Therefore, approval of the Stormwater Management Plan is
subject to the review and comment of MnDOT.
Due to the size of this development, a Minnesota Pollution Control Agency Construction
Stormwater Management Permit will be required. The Developer must provide a copy of this
permit to the City once it is obtained. The City Stormwater Management Permit will not be issued
until a copy of the permit is provided.
Tree Preservation Plan and Landscape Plan
This development is subject to the City's Tree Preservation Ordinance and Minimum Landscape
Standards. The City Forester has reviewed the plans and inspected the site. The Developer has
proposed the removal of significant trees and has provided a plan for mitigation. Therefore, a
Tree Preservation Permit is required for this redevelopment. The City Forester will review the
Tree Preservation Pfan and Landscape Plan in more detail as part of the Final PUD review. Cost
estimates for landscaping must also be provided in order to determine the financial securities
which must be posted by the Developer, as part of the PUD Development Agreement.
Summarv and Recommendations
Public Works staff recommends approval of the Preliminary PUD Plans for Golden Villas, subject
to the comments contained in this review. These comments are summarized as follows:
1. The plans must show the construction of a concrete walk along Golden Valley Road, as
discussed in this review.
G:\Developments-Private\Golden Villas(Tiburon)\Villas_Prelim PUD review 081814.docx 5
2. The Developer must submit copies to the City of all existing easements and agreements,
as discussed above.
3. The easement for roadway purposes along Golden Valley Road must be vacated and re-
dedicated as Public Right-of-Way on the Final Plat.
4. The Developer must enter into a Maintenance Agreement for the private hydrants and
valves, as discussed in this review.
5. The proposed hydrants within the site must be relocated, as discussed in this review.
6. The proposed building must become compliant with the City's Inflow and Infiltration
Ordinance, prior to occupancy of the building.
7. A Right-of-Way Permit will be required for the excavation of Golden Valley Road and the
street must be restored to City standards, as discussed in this memorandum.
8. Information on the design of the underground stormwater infiltration system must be
provided to the City.
9. The Developer must enter into a Maintenance Agreement for the stormwater quality
treatment facilities onsite, as discussed in this review.
10. The Developer or its contractors must obtain the appropriate permits prior to
development, as discussed above.
11. The Developer must enter into a PUD Development Agreement, pay alf fees, and post all
securities and/or deposits, as determined necessary in this or subsequent reviews.
12. Fina� PUD approval is subject to the review and comments of the Minnesota Department
of Transportation, Metropolitan Council Environmental Services,the Bassett Creek
Watershed Management Commission, and other agencies as required.
Approval is also subject to the comments of the City attorney and other City staff. Please feel free
to call if you have any questions regarding this matter.
C: Tom Burt, City Manager
John Crelly, Fire Chief
Mitch Hoeft, Utilities Engineer
AI Lundstrom, Park Maintenance Supervisor and City Forester
Bert Tracy, Public Works Maintenance Manager
Kelley Janes, Utilities Supervisor
Jerry Frevel, Building Official
G:\Developments-Private\Golden Villas(Tiburon)\Villas_Prelim PUD review 081814.docx 6
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763-593-8Q79/ 763-593-849$ (fax}
Date: August 18, 2014
To: Jason Zimmerman, Pianning Manager
From: lohn Crelly, Fire Chief
Subject: PUD #118 Preliminary Plan for Golden Villas, L.L.C. (9130 & 9220 Olson Memorial Hwy)
The Golden Valley Fire Department has reviewed the preliminary PUD plans and application packet
which includes the preliminary site plan, utility plan, landscaping and proposed building plans.
Listed below are the fire department comments.
1. The plan shows a 20 foot wide access road around the entire building and appears to meet the
requirements of Minnesota State Fire Code section 503.1. In the PUD packet, Exhibit IV titfed
"Development Concept and Rationale for Variance Requests" it indicates future discussions on
ways to reduce impervious areas. These discussions should take place soon as they impact the
site plan.
2. The water supply system for the proposed site shall be capable of supplying the required fire
flow for this building based on location, type of construction and size of building. Minnesota
State Fire Code Appendix B and C will require a minimum total flow of 2000 gpm from a
minimum of 2 fire hydrants with an average spacing of 450 feet. Currently there are City fire
hydrants along Golden Valley Road on the northwest corner and the eastern third of the
proposed property. The proposed fire hydrants on the west and east side should be relocated to
the south setting up an average spacing of 450 feet between fire hydrants.
3. Private fire hydrants shall meet the City's specifications and shall be paint red in color.
4. All connections to private fire service mains for fire protection systems shall be arranged in
accordance with 2010 edition of NFPA 24 section 6.2.11 options 1, 2 or 6.
a. Option 1: A Yard Post Indicator Valve (YPIV) 40 feet from the building.
b. Option 2: no YPIV,just bring the fire protection water directly into a 1 hour fire rated
room with direct exterior access into the room.
c. Option 3: no YPIV,just bring the fire protection water directly into a non-fire rated room
and providing a Wall Post Indicator Valve (WPIV). One of these options will be required
Page 1 of 2
to be installed on the 6-inch fire protection water line on the northeast corner of the
building. The PIV is an indicating valve to control the operation of the water supply to
the fire suppression system for the proposed building.
5. The installation of the fire hydrants shall be within 150 feet of any fire department
sprinkler/standpipe connection located on the building. The plan does not indicate a location of
the fire department connection. City and private fire hydrants may be used when determining
the 150 feet distance.
6. The type and placement of landscaping trees/shrubs for this site shall not obstruct or hinder
the ladder operation from any secondary escape windows from any apartment units located in
this building.
7. Radio operability—Alt new buildings shall have approved radio coverage for emergency
responders within the building based upon the existing coverage levels of the public safety
communication systems of the jurisdiction at the exterior of the building. The building shall be
considered to have acceptable emergency responder radio coverage when signal strength
measurements in 95 percent of all areas on each floor of the building meet the minimum signal
strength requirement of-95 dBm receivable and transmittable from the building.
8. The construction of this building shall comply with all applicable codes.
If you have any questions, please contact me at 763-593-8065 or by e-mail,
jcrelly@�oldenvallevmn.�ov
Page 2 of 2
Narrative, Development Concept and Rationale for
Yariance Requests
Narrative & Develoument Concept•
Our proposed development of approximately 162 market-rate apartments on Olson Memorial
Highway just east of highway 169 will meet the purpose and numerous other provisions of the
City of Golden Va11ey's PUD Ordinance, Comprehensive Plan, Land Use Goals and Housing
Goals, and the City's Redevelopment Plans in addition to the Metropolitan Council's increased
density goals. Our seven story building will have one full story below grade for parking, a Street
Level for additional parking, eight rentable townhomes, lobby, storage,maintenance, etc., and
five stories of residential units and amenities above. Leve12 will have an amenity terrace with
swimming pool, fitness room, club room and day spa a11 opening onto the amenity terrace. Our
Penthouse/Leve16 will have an outdoor terrace facing southeast with expansive views of Golden
Valley's golf courses, open areas, and the downtown Minneapolis skyline.
Our design team at ESG Architects is designing a custom 5 story wood frame building over two
stories of concrete with a beautiful exterior fa�ade including a mixture of brick,metal panel and
fiber cement siding, with extra-large efficient windows to take advantage of Golden Va11ey's
outstanding views. The modified U shaped building will be approximately 246,272 squaze feet
in size with abundant landscaping and parking. Contemparary land planning and exterior design
vision was incorporated into our team's mission.
Environmentally friendly features of our(yet to be named development) will include Solar
Power features using Minnesota made solar panels and installed by Minnesota laborers. We will
thereby replace a portion of"Grid power with Green power." In addition we will utilize many
advanced Water Conservation Technologies including moderators, showerheads, flushometers
and ballcock& diverter supply components to reduce our water consumption at our building.
We also will strive for Alternative Transportation, car sharing and compact car use by
providing designated parking spaces including Car2Go vehicle spaces,ample indoor/outdoor
bicycle and mopedJscooter parking spaces.
Under a separate cover we are submitting a T�Increment Financing Application along with the
required $10,000.00 TIF Application Fee to the City as our proposed development is contingent
on TIF financing and"but for TIF financing,this project will not be developed by us." Two
properties have been assembled for our project and the public will benefit in numerous ways
with the City's economic base enhancement, including job creation of about 8-12 on-site
employees and approximately 240 construction jobs, a large blighted building will be removed,
and additional unsubsidized private development will be encouraged after our development
spearheads new activity in the area. The diversity of housing products will be enhanced with our
offerings including rentable street level townhomes with individual entrances(pet owners will
love these), 1 BR alcove units, 1 BR units, 1 BR/Den units, 2 BR units and Penthouse units
offering higher ceilings, fireplaces, finish levels and more!
Variance Requests:
At this time we are requesting three variances from standard zoning requirements including a
variance to a11ow over 60% impervious surfaces, a variance to allow parking to be located
within the north front yard setback; and a height variance.
The basis for our variance requests is that they are necessary to construct a building with enough
density to be competitive in the marketplace with our market rate rental apartment building. We
are trying to maximize the site with the building footprint and height to reach critical density. To
meet that necessity on this site it is necessary to have five levels of wood framing over one to two
levels of the concrete parking structure. We decided on two concrete levels (both are primarily
parking levels-one fu11y underground),as it helped us add not only more covered parking,but adds
the street level townhome units and offered us more room to spread out our amenities and building
features. Therefore our building height will vary from grade and be approximately 74 feet in
height and seven stories, versus sixty feet and five stories, and have parking a few feet closer to
the Golden Valley Road right-of-way on the north side than standard zoning requirements allow.
In addition the 20 foot perimeter fire access road around the entire building adds much impervious
area to our project,thus requiring our request from standard zoning requirements. We will discuss
this requirement more fully during the design review process with City Staff and City Fire
Departments to determine if other fire protection options will help reduce the size of the
impervious road. Our design will be somewhat fluid in the next couple months as we go through
the City of Golden Valley design review process and we will strive to meet your concerns.
File: GV Development Concept and Rationale
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Executive Summary For Action
Golden Valley City Council Meeting
September 16, 2014
Agenda Item
4. D. Public Hearing- Revision to Preliminary Plat- Kate's Woods - 221 Sunnyridge Lane- David
Knaeble, Applicant
Prepared By
Jason Zimmerman, Planning Manager
Summary
The Applicant received approval of the Preliminary Plat for a minor subdivision at this address from
the City Council at their July 15 meeting. Prior to the submission of a Final Plat for approval, the
zoning requirements governing lot width as they relate to subdivisions were modified by the City
Council and became effective. The Applicant feels that the changes made to the zoning code now
allow for a better design of the two new lots and is seeking approval to revise the Preliminary Plat in
accordance with the new requirements.
The ability of the Preliminary Plat to be adjusted as desired hinges on an interpretation of the interior
lot line and if it should be considered a side lot line or a rear lot line for Lot 1. This determination is
important since a rear yard setback violation would be created under one of the scenarios.
If this line is considered a side lot line for Lot 1, the side yard setback would be 15 feet and the
existing home would be in conformance with the zoning requirements for the R-1 district.
If this line is considered a rear lot line for Lot 1, as it was in the approved Preliminary Plat,the rear
yard setback should be a constant value of 20%of the lot depth along the entire line. In this situation,
the garage of the existing home would violate the rear yard setback of 21.5 feet by 6.5 feet as the
structure is 15 feet from the lot line.
At the August 25, 2014, Planning Commission meeting, the Commission voted 3-1 to recommend
interpreting the interior lot line as a rear lot line for Lot 1 and therefore not to modify the
Preliminary Plat as desired by the Applicant.
Attachments
� Location Map (1 page)
� Planning Commission Minutes dated August 25, 2014 (3 pages)
• Memo to the Planning Commission dated August 25, 2014 (3 pages)
• Memo from City Engineer Jeff Oliver dated March 17, 2014 (2 pages)
• Preliminary Plat Approved by City Council on July 15, 2014 (1 page)
• Proposed Preliminary Plat handed out at the August 25, 2014, Planning Commission Meeting
(1 page)
• Site Plans dated February 17, 2014, and revised August 1, 2014 (4 pages)
Recommended Action
If the City Council finds that the lot line in question is a rear lot line, Staff recommends a motion to
deny the revised Preliminary Plat for Kate's Woods, 221 Sunnyridge Lane.
If the City Council finds that the lot line in question is a side lot line, Staff recommends a motion to
approve the revised Preliminary Plat for Kate's Woods, 221 Sunnyridge Lane, subject to the following
conditions:
1. The City Attorney will determine if a title review is necessary prior to approval of the final plat.
2. A park dedication fee of$2,930 shall be paid before final plat approval.
3. The City Engineer's memorandum, dated March 17, 2014, shall become part of this approval.
4. All applicable City permits shall be obtained prior to the development of the new lots.
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Regular Meeting of the
Golden Valley Planning Commission
August 25, 2014
A gular meeting of the Planning Commi ion was held at the Golden Valley City Hall,
Co cil Chambers, 7800 Golden Valley ad, Golden Valley, Minnesota, on Monday,
Augus 5, 2014. Chair Kluchka called th ;meeting to order at 7 pm.
Those prese �were Planning Commissi ers Blum, Kluchka, Seg�.lbau and
Waldhauser. Als�skpresent was Planning anager Jason Zimmerman and Administrative
Assistant Lisa Wittm ,. Commissioners aker and Cera u►rere absent.
;
1. Approval of Minute ' �.
:. \` ;,.,
July 14, 2014, Regular Plann' C mmission Meeting
July 28, 2014, Regular Planning mission Meeting
.�� �; =.:,.
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Segelbaum referred to page 'h�1 of the Jul ' 14 minut�.and asked if it was him, or
someone else, who que,�#��oned how the olden Valley'� ior Living proposal would
affect Schuller's. He�a�ked that it be clari ed that a neighbor ed that question during
the public hearin,,g�'Segelbaum referred t 'page 14 of the July 14 tes and noted that
his first name,.r•father than his last, was us'd in the third paragraph.
MOVE, y Segelbaum, seconded by Wal hauser and motion carried unanimously to
app ve the July 14, 2014, and the July 2 ;, 2014, minutes with the above noted
co rections.
2. Informal Public Hearing — Minor Subdivision Amendment— 221 Sunnyridge
Lane — Kate's Woods — SU08-11
Applicant: David Knaeble
Address: 221 Sunnyridge Lane
Purpose: To revise the interior lot line of the recently approved Preliminary Plat.
Zimmerman stated that the Preliminary Plat for the subdivision of 221 Sunnyridge Lane was
approved by the City Council on July 15. At that same meeting, the lot width definition was
amended, and is now in effect so the appticant is proposing a revision to the interior lot line
to improve the shape of both of the lots. He explained that the applicant is proposing to call
the interior lot line a side yard property line instead of a rear yard property line, and that staff
would like the Planning Commission to interpret the language in the Zoning Code to help
determine if it should be considered a side or rear lot line. He referred to a site plan of the
property and noted that that there is a deck on the existing house that must be removed or
modified in order to conform to the Zoning Code requirements. He stated that if the lot line is
determined to be a rear lot line, staff recommends denial of the revision as the proposed
subdivision would be in conflict with the requirements of the zoning district. If the lot line is
Minutes of the Golden Vailey Planning Commission
August 25, 2014
Page 2
determined to be a side lot line, staff recommends approval subject to the conditions
recommended by Planning and Engineering.
Waldhauser asked how the lot depth is calculated since that is what is used to determine
the rear setback. Zimmerman stated that the rear yard setback requirement is 20% of the
average lot depth.
Kluchka asked why the interpretation issue couldn't be addressed during the final platting
process. Zimmerman stated that the City Attorney thought that the proposed change was
significant enough, and the Zoning Code is ambiguous enough, that it should be brought
back to the Planning Commission for review. Kluchka questioned if the plan coufd be
modified slightly to not be so extreme with either the side yard setback or rear yard setback
location.
Peter Knaeble, Applicant, handed out additional plans and stated that his intent is to rebuild
or modify the existing deck to keep it out of the setback areas. He stated that the approved
preliminary plat has really crooked property lines, and he ciearly heard from the Planning
Commission and the City Council that they would like that line to be straightened out. He
stated that the only practical way to do this subdivision without a variance is to call the
interior lot line a side yard property line, rather than a rear yard property line. He added that
calling that property line a side yard property line will also allow the existing home to remain,
which is a goal of the City Council. He showed examples of similar subdivisions, and
discussed the side yard property lines, and rear yard property lines in those examples. He
stated that when he first started considering this proposal he was told that there could be a
variable rear yard setback line. He added that on issues of ordinance ambiguity, the
common court precedent is to interpret it to the advantage of the landowner.
Kluchka opened the public hearing. Seeing and hearing no one wishing to comment,
Kluchka closed the public hearing.
Blum referred to the site plan and note that the property line in question seems to bend at
the back corner of the house, so the other properties the applicant referred to are a bit
different than the subject property.
Waldhauser stated that if the lot had been split without the existing house on it, the interior
lot line would have been considered to be a side yard lot line, so it doesn't seem logical to
call it a rear yard lot line at this point. She said this new proposal is an improvement over the
other options, and is preserving the existing house. She said she thinks the Planning
Commission would mostly be in favor of straightening out the lot line.
Segelbaum said the property line in questions looks like a rear lot line. He agreed that if the
house were not there, it would be a different story, but he thinks the intent of the Code is to
have unbuilt property in back of the house. He said he also agreed that the Planning
Commission wanted the lot to not be such an odd shape, but he wishes there were another
way to draw the property line without necessitating a variance.
Minutes of the Golden Valley Planning Commission
August 25, 2014
Page 3
Kluchka questioned if it is fair to say that the Planning Commission asked that the property
line be straightened, when they didn't know about the rear yard versus side yard issue.
Waldhauser stated that the lot line could be re-drawn and there would not be a backyard on
Lot 1 at all.
Segelbaum said he is concerned about setting a precedent in how the Planning
Commission interprets this issue, and how future proposals would use it going forward.
Kluchka said he is not in agreement with calling the interior lot line a rear yard property line.
Blum agreed, and reiterated that this proposal is not like the pie shaped examples they were
shown, because they clearly start as two parallel side lot lines.
MOVED by Segelbaum, seconded by Blum and motion carried 3 to 1 to recommend deniaf
of the preliminary plat amendment. Commissioner Waldhauser voted no.
3. Informal Public Hearing — Con 'tional Use Permit— 601 Boone Avenue North
— TruStone Financial — CU-13
�
pplicant: TruStone Financia;�:
. ��I:
Ad ss: 601 Boone Avenue�North
, ii,
Purpose. To allow the applicant to operate a new credit union witt�.t.�=r��"e`drive-
' thru lanes in the Cojmmercial zoning district.
,' ���3�
Zimmerman stated that;:�he applicant is requesting a Conditiqr��lt�Use Permit (CUP) in
order to operate a new cre,dit union with #hree drive-thru,laries. He noted that a CUP was
approved for this location in`r�008, but the project was->not constructed, so a new CUP is
now required. He referred to a'�site plan a:nd expl�ir��d the applicants request to construct
a one-story building with three d�i�e-thru lane�;iocated on the southeast corner of the
building. He stated that 19 parking''`spaces�are required, and the applicant is proposing 31
spaces. He added that based on the i��urew of the application, and the evaluation of the
factors listed in the Zoning Code, st�ff�is'�,,;ecommending approval of the proposed CUP.
,�� ��.
�. �;�
Kluchka asked if there are an,y�~material dr,ffe�r"��ces between this proposal and the
proposal approved in 2008.:f�immerman ��ated�t�at the building is slightly smaller in this
proposal. ��'`' ;
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Waldhauser asked .i�conditions could be ' dded regardin� landscaping and drainage.
�
Zimmerman statQc� that Conditional Use K;ermits really on°I� consider the land use.
Waldhauser nq�ed that there seems to be:a lot of signage p` � osed. Zimmerman stated
that they will e required to follow the Cit ,',s sign code re uire ents.
q
Kluchk sked about snow storage on the te. Zimmerman suggested the applicant
addr s that issue, but he assumes snow would be stored on the south side of the site.
Cl��' U� ��.
C����°�Z
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i�. �`.� Planning Department
763-593-8095/763-593-8109(fax)
Date: August 25, 2014
To: Gotden Valley Planning Commission
From: Jason Zimmerman, Planning Manager
Subject: lnformal Public Hearing on Revision to Preliminary Plat for Minor Subdivision of
221 Sunnyridge Lane—David Knaeble, Applicant
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Summary of Request
The Applicant received approva► of the preliminary plat for a minor subdivision at this address from
the City Council at their July 15 meeting. Prior to the submission of a final plat for approval, the zoning
requirements governing lot width as they relate to subdivisions were modified by the City Council and
became effective. The Applicant feels that the changes made to the zoning code now allow for a
better design of the two new lots and is seeking approval to revise the preliminary plat in accordance
with the new requirements.
One complicating factor is that as these are unusually shaped lots, there is need for an interpretation
as to if one of the new lots lines should be considered a side lot line or a rear lot line. The ability of the
preliminary plat to be adjusted as desired hinges on this determination since a rear yard setback
violation would be created under one of the scenarios.
The current design creates two new lots that each meet the requirements of the City Code. City Code
requires that each new lot be a minimum of 10,000 square feet in the R-1 Single Family Residential
Zoning District. Lot 1, to the south, would be 10,467 square feet and the Lot 2, to the north, would be
11,038 square feet. City Code also requires that each lot have a minimum of 80 feet of width at the
front setback line. Lot 1 to the south and Lot 2 to the north would have 119.1 feet and 84.8 feet of
width as measured at the 35 foot setback line respectively.
Under the revised plan, Lot 1 would be 11,455 square feet and Lot 2 would be 10,050 square feet. Lot
1 would continue to have 119.1 feet of width at the front setback line and Lot 2 would continue to
have 84.8 feet of width at the front setback line. The change in the plat would involve shifting the line
between the two lots to give Lot 1 a larger rear yard and make the shape of Lot 2 more regular.
If this line is considered a rear lot line for Lot 1, as it was in the approved Preliminary Plat, the rear
yard setback should be a constant value of 20%of the lot depth along the entire line. In this situation,
the garage of the existing home would violate the rear yard setback of 21.5 feet by 6.5 feet as the
structure is 15 feet from the lot line.
If this line is considered a side lot line for Lot 1, the side yard setback would be 15 feet and the
existing home would be in conformance with the zoning requirements for the R-1 district.
In either case the dimensions of the new north lot would provide a sufficient building envelope for
development.
Qualification as a Minor Subdivision
The proposed subdivision qualifies as a minor subdivision because the property located at 221
Sunnyridge Lane is an existing platted lot of record, the proposed subdivision will produce fewer than
four lots, and it will not create need for public improvements (such as street construction). The
applicant has submitted the required information to the City that allows for the subdivision to be
evaluated as a minor subdivision.
Staff Review of Minor Subdivision
Staff has evaluated the proposed lot subdivision request as a minor subdivision. As previously
indicated, the proposed subdivision would create two lots in the R-15ingle Family Residential Zoning
District.
The Applicant has submitted a survey of the existing lot prior to the proposed subdivision, as well as a
preliminary plat displaying the two lots after the subdivision. The documents show the existing home
will be kept. These documents provide the City with the necessary information to evaluate the
proposed minor subdivision.
City Engineer Jeff Oliver has submitted a memorandum dated March 17, 2014, regarding
recommendations from the Public Works Department concerning the originaf request for subdivision
approval. Since his review, revisions have been made to the preliminary ptat; however, Mr. Oliver has
stated that the changes are minor and do not necessitate a second review. Requirements set forth in
Mr. Oliver's memo are to be included in the recommended action of this subdivision.
Qualification Governing Approval as a Minor Subdivision
According to Section 12.50 of the City's Subdivision Regulations, the following are the regulations
governing approval of minor subdivisions with staff comments related to this request:
1. Minor subdivisions shall be denied if the proposed lots do not meet the requirements of the
appropriate zoning district. Lot 2 of the proposed subdivision meets the requirements of the R-1
Single Family Zoning District. Depending on the interpretation of the lot line separating the two
new lots, Lot 1 may or may not meet the requirements of the R-1 Single Family Zoning District.
2. A minor subdivision may be denied if the City Engineer determines that the lots are not
buildable. The City Engineer finds that the lots are buildable.
3. A minor subdivision may be denied if there are no sewer and water connections available or if it
is determined by the City Engineer that an undue strain will be placed on City utility systems by
the addition of the new lots. The addition of the new lots will not place an undue strain on City
utility systems.
4. Approval of the minor subdivision may require the granting of certain easements to the City.
The drainage and utility easements shown on the preliminary plat are acceptable.
5. If public agencies other than the City have jurisdiction of the streets adjacent to the minor
subdivision, the agencies will be given the opportunities to comment. No other public agencies
have jurisdiction over the streets adjacent to the site.
6. The City may ask for review of title if required by the City Attorney for dedication of certain
easements. The City Attorney will determine if such a title review is necessary prior to approval of
the final plat.
7. The minor subdivision may be subject to park dedication requirements. A park dedication fee of
$2,930 (2% of estimated land market value with credit for one existing unit) shall be paid by the
applicant prior to final plat approval.
Recommended Action
If the Planning Commission finds that the lot line in question is a rear lot line, Staff recommends
denial of the proposed revision as the existing home on Lot 1 would not meet the requirements of the
R-1 Single Family Zoning District.
If the Planning Commission finds that the lot line in question is a side lot line, Staff recommends
approval of the proposed minor subdivision subject to the following conditions:
1. The City Attorney will determine if a title review is necessary prior to approval of the final plat.
2. A park dedication fee of$2,930 shall be paid before final plat approval.
3. The City Engineer's memorandum, dated March 17, 2014, shall become part of this approval.
4. All applicable City permits shall be obtained prior to the development of the new lots.
Attachments:
Location Map (1 page)
Memo from City Engineer Jeff Oliver dated March 17, 2014 (2 pages)
Preliminary Plat Approved by City Council on July 15, 2014 (1 page)
Site Plans dated February 17, 2014, and revised August 1, 2014 (4 pages)
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va.��.
.�� Public Works Department
763-593-8030/763-593-3988(fax)
Date: March 17, 2014
To: Mark Grimes, Director of Community Development
From: Jeff Oliver, PE, City Engineer
Joe Fox, EIT, Water Resources Engineer '
Subject: Minor Subdivision— Kate's Woods—221 Sunnyridge Lane
Public Works Staff has reviewed the application for a minor subdivision to be named Kate's
Woods. The subdivision is located at 221 Sunnyridge Lane.
Preliminarv Plat and Site Plan
The proposed subdivision includes dividing the existing single-family parcel into two single-family
lots with frontage on Sunnyridge Lane. The existing house will remain. The Developer will be
required to obtain a City of Golden Valley Right-of-Way Management Permit for the installation
of the driveway apron onto Sunnyridge Lane for the new home.
Utilities
The Developer has proposed the installation of sewer and water services for the new house.
A City of Golden Valley Right-of-Way Management Permit, along with Sewer and Water Permits,
will be required for the installation of these utilities.
The parcel being subdivided was platted with drainage and utility easements which must be
vacated. The Developer must submit an Easement Vacation Application. The preliminary plat for
the current proposed subdivision shows six-foot drainage and utility easements along the sides of
the new parcels and ten-foot drainage and utility easements along the front and back of the new
parcels. These easements are acceptable as drawn.
The existing home at 221 Sunnyridge Lane is compliant with the City's Inflow and Infiltration
Ordinance.
Stormwater Mana�ement
The proposed subdivision is within the Wirth Lake sub-watershed of the Bassett Creek
Watershed. This project does not meet the threshold for review by the Bassett Creek Watershed
Management Commission (BCWMC).
G:\Developments-Private\Kate's Woods-221 Sunnyridge Ln\Memo_PW_MinorSubd.docx
The Developer will be required to obtain City of Golden Valley Stormwater Management Permits
for each new lot. At the time of permit application, Grading and Erosion Control Plans that meet
City standards must be submitted.
Tree Preservation
This development is subject to the City's Tree Preservation Ordinance. Because each lot will be
custom-graded at the time of home construction, the project will be considered a single-lot
devetopment, in which a separate Tree Preservation Permit will be required for each lot. The
Developer has submitted a Preliminary Tree Preservation Plan which will assist in the review of
each permit application.
Recommendation
Based upon a review of the materials submitted by the Developer and appropriate City
ordinances and standards, Public Works staff recommends approval of the minor subdivision for
Kate's Woods. Approval is subject to the Developer obtaining the required permits and the new
home becoming compliant with the City's Inflow and Infiltration Ordinance.
Please let me know if you have any questions regarding this matter.
C: Jeannine Clancy, Director of Public Works
Mark Kuhnly, Fire Chief
John Crelly, Deputy Fire Chief
AI Lundstrom, Park Maintenance Supervisor and City Forester
Jerry Frevel, Interim Building Official
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Executive Summary For Action
Golden Valley City Council Meeting
September 16, 2014
Agenda Item
4. E. Continued Public Hearing- Ordinance#527 -Amendments to the Zoning Map - 305 and 345
Pennsylvania Avenue South - Lake West Development, LLC, Applicant
Prepared By
Jason Zimmerman, Planning Manager
Summary
The Applicant, Lake West Development, LLC, intends to construct 30 detached townhome units
across 3.3 acres as part of a Planned Unit Development (PUD) located at 305 and 345
Pennsylvania Avenue South. In order for the Preliminary Design Plan to be considered, the City
Council must first consider amendments to both the General Land Use Plan Map and the Zoning
Map. Without these amendments,the proposed use would not be consistent with the guiding or
zoning of the properties. The Planning Commission reviewed the proposal at its July 14 and July
28 meetings and recommended approval. The City Council held a public hearing at its August 19
meeting and has since tabled this item to September 16.
Zoning Map Amendment
The property at 305 Pennsylvania Avenue South is currently zoned Single Family Residential (R-1),
which provides for single family dwellings on lots of 10,000 square feet with SO feet of width at the
minimum front setback line. The property at 345 Pennsylvania Avenue South is currently zoned
I-394 Mixed use, which requires a mix of uses (residential, commercial, office, otherj on the site.
Under the current proposal, the Zoning Map would be amended so that both of the properties
would be zoned as Medium Density Residential (R-3), which provides for medium density housing
of up to 10 units per acre.
Based on the density of the proposed PUD of 9.1 units per acre, Medium Density Residential zoning
would be the most appropriate designation for the two properties. The PUD process will allow for
greater flexibility in designing the site layout and accommodating various setbacks.
In order to be consistent with the adopted Comprehensive Plan,the City should wait to act on this
item until the Metropolitan Council has approved the recent Comprehensive Plan amendment
reguiding these properties to Medium-Low Density Residential.
Recommended Action
Motion to table Ordinance #527, Rezoning 305 and 345 Pennsylvania Avenue South,to the City
Council meeting of October 7, 2014.
cit�r o�f x,
�, Planning Department
763 593 8095/763 593 81 Q9(fax)
Executive Summary for Action
Golden Valley City Council Meeting
September 16, 2014
60 day deadline: August 15, 2014
60 day extension: October 14, 2014
Agenda Item
4. F. Continued Public Hearing- Preliminary PUD Plan for Laurel Ponds PUD No. 117- 305 and 345
Pennsylvania Avenue South - Lake West Development, LLC, Applicant
Prepared By
Jason Zimmerman, Planning Manager
Summary
Lake West Development, LLC, is seeking approval of a Planned Unit Development (PUD) Permit to
construct 30 detached townhome units across 3.3 acres at 305 and 345 Pennsylvania Avenue
South.
This item is continued from the September 2, 2014, City Council meeting. At that meeting, the
Council asked the Applicant to work with Staff to make design revisions to the proposed
development. Staff met with the Applicant and reviewed several concepts before receiving the
revised plan found in the agenda packet.
While Staff has not yet had time to perform a complete review of this revised proposal, the main
elements the Planning Commission and City Council have desired seem to be included and the
project as a whole appears to be moving in the right direction. In summary, the new plan aligns the
lower private drive with Quebec Avenue South, reduces the number of units to 27 and thereby
provides some additional open space, adds parking space on-site, and provides opportunities for
some of the units to be constructed for single-level living.
At the August 19 City Council meeting, the Council approved an amendment to the General Land
Use Plan Map which reguides these properties to Medium-Low Density Residential. Until the
Metropolitan Council approves this change, it is the recommendation of the City Attorney that no
action be taken on the Preliminary PUD Plan. Based on the initial comments of the City's
Metropolitan Council representative, Staff is comfortable moving forward with approval of the
revised Preliminary PUD Plan with the conditions listed below.
Attachments
Location Map (1 page)
Applicant's Narrative and Diagrams (5 pages)
Site Plan dated September 10, 2014 (1 page)
Example Floor Plans (2 pages)
Recommended Action
Motion to approve the Preliminary Plan for Laurel Ponds PUD No. 117 subject to the following
conditions:
1. The plans prepared by EVS, dated 6/13/14, submitted with the application and the revised
plan prepared by EVS, dated 9/10/14, shall become a part of this approval.
2. The recommendations and requirements outlined in the memo from the Engineering Division
to Mark Grimes, Community Development Director, dated July 10, 2014, shall become a part
of this approval.
3. The recommendations and requirements outlined in the memo from the Fire Department to
Mark Grimes, Community Development Director, dated July 7, 2014, shall become a part of
this approval.
4. The Applicant shall submit a lighting plan as part of the Final PUD Plan set.
5. All principal buildings shall conform to the rear and side property setbacks when adjacent to a
single family zoning district as outlined in Section 11.55, Subd. 3(C)(1).
6. No buildings shall be located less than fifteen feet from the back of the curb line for roads
that are part of the internal road system as outlined in Section 11.55, Subd. 3(C)(2).
7. Unless a wavier is granted by the City, any streets constructed within the development shall
be public streets as required in Section 11.55, Subd. 6(A)(6).
8. The Applicant shall install sidewalks along Pennsylvania Avenue running the length of the
property and on the east side of the property south to Laurel Avenue.
9. The easement reduction request from 55 feet to 45 feet will be considered pending review of
an enhanced landscaping plan.
10. The Applicant shall prohibit the installation of fences within the development.
11. The Applicant is encouraged to explore a range of housing types and designs.
12. Building materials shall be reviewed by the City prior to Final Plan approval.
13. Permits to construct parking bays on the property at 7400 Laurel Avenue shall be obtained by
that property owner and shall not be located closer than fifteen feet to the side property line,
as required in Section 11.47, Subd. 6(B), unless a variance is obtained.
14. Any cross parking agreements that are created shall be submitted to the City for review and
shall be recorded with the Final Plat.
15. The Fina) Plat shall include "P.U.D. No. 117" in its title.
16. The City Attorney shall determine if a park dedication fee is required for this project prior to
Final Plan approval.
17. Al) signage must meet the requirements of the City's Sign Code (Section 4.20).
18. 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.
5(E):
1. The PUD plan is tailored to the specific characteristics of the site and achieves a higher quality
of site planning and design than generally expected under conventional provisions of the
ordinance.
2. The PUD plan preserves and protects substantial desirable portions of the site's
characteristics, open space and sensitive environmental features including steep slopes,
trees, scenic views, creeks, wetlands and open waters.
3. The PUD plan includes efficient and effective use (which includes preservation) of the land.
4. The PUD plan results in development compatible with adjacent uses and is consistent with
the Comprehensive Plan and redevelopment plans and goals.
5. The PUD plan is consistent with preserving and improving the general health, safety and
general welfare of the people of the City.
6. The PUD plan meets the PUD Intent and Purpose provision and all other PUD ordinance
provisions.
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Subject Properties: $ �
305 & 345 Pennsylvania Ave. S. '� -
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Laure!Ponds Plan Amendments issues and Changes or Clarifications
September 10,2014
Council Members and Staff
Based on the goals voiced by staff and Council,we believe we have sadsfied all the
concerns with the amended site plan prepared by EVS. Here is how plan changes
satisfy the issues in flur opinion.
Density Reduction; A Loss of 3 units may still be bankable. A Loss of 4 units
becomes quesdonable.At our meeting of September 9�,staff did not be}ieve we
needed to lose any more than 3 units from the origina130 in order to accomplish all
of the goals. A density of 27 DU is still medium density. Lower density achieved.
Quebec Ave �ntry to private drive. Mr.Oliver seemed comfortabte with a design
aimed at the Quebec intersection,but not perfecdy parallel. He has been flexible
with our design engineers to achieve the objective.
To accommodate this request a unit is lost in Raw S and a nvn-standard home is
created. Because it is still a single unit,this should not impact the HDA equity for
each unit We woutd need to work with the homebuilders on a floor plan that takes
advantage of the opportanities of the resulting building envelope. It is main floor
bedroom eligible and a garage size of at least 22 x 22 �ts at the initial opening at a
distance similar to lots 9 and 18 from the Pennsylvania right of way.It is desirable
to enter on the high side of the lot,but could also be on the lower side further from
the entry if a non-single level living unit is sacrificed.
The upper loop has been changed to a one way road,minimizing confusion over
where to park. It also becomes safer to Quebec as the entry is the middle access and
the exit is the upper access,closer to the top of the hill for visibility.
Guest Parking: Each driveway was examined for places ta be more effective and
define spaces. The lower row added parallel spaces defined for 5 total spaces,plus
Row 6 lost a unit The end of the drive at Workabilities is solely a turn around that
works for UPS, Fed EX etc.for their current defivery fleet per the Rosevitie delivery
managers we have met with ta date.
Parking is still allowed on all the driveways in undefined locations between garage
aprons. We have however,widened the driveway to define 7 statls and shifted the
proof of parking to the outside of the loop where permanent parking previously was
shown. The bays are evenly spaced and the loss oE one lot on the tuck under side of
the loop creates a good amount of open space for added planting from the parking
stalls.
Tuesday,September 9,2014
Down 1 unit on Row 3 adds all necessary permanent guest parking for upper loop
along with defined bays near Pennsylvania.
The overtlow guest parking agreement with Workabilities is still being granted for
another 20 stalls for evening,weekend and holiday times when they are not
operating. High ratio of guest stalls per DU achieved. Over the code by a
strong amount
Open Space: Due to the turning of units on lots 4,8 and Density down total of three
units. Creativity has been added to the pond,the units have slid back to honor the
easement,and the conceptuai sitting space drawn and submitted in�uly can
still be achieved.
Pond Design shape:
Capacity has been only con�rmed by EVS staff through consultation with City staff,
but use of boulders and shape undulations confirmed to achieve more creative
design. This fits into the easement and creates the home setback distances. Th use
of boulders is preferred in the final detail design and makes subde changes possible
all along the design edge. Goal Achieved
Design Flexibility for homes: Should the Council see�t,we would seek a
clarification to the easement document to allow upper floor encroachments to
balconies into the easement area since it does not impede any oFthe drainage issues.
Doors could open out onto the open space and a hard surface door landing wou)d be
an allowable encroachment since it is not structure.
Lot 1 does not come as close to the ponding area,and if the Council sees fit
could encroach up to 5'or more if an easement amendment is warranted. This
would create a more tlexible home plan for tax purposes.It is not required for
the base floor plan use.
Singie level living eligible floor plans: This is a topic of interest for many. We
have shown in plans submitted that any time we have the garage aligned with the
main floor,that bedroams,kitchen and living can be designed as handicap or
mobility concerned on one floor. Qther flaors are avaiIable for other room
functions. This altows for downsizing from the yard maintenance but doesn't
sacrifice the home options yet for storage,guest rooms and play rooms. These are
highlighted in blue.
With your agreement and vote to approve, we will be able to start the final
development plan process and continue our work on a phase one plat that is
likely to resemble the attachment fn orange fnr possfble model home start at
SOS Pennsylvonfa once the finat p[at and development qgreement issues are
ftnished.
Tuesday,September 9,2014
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ELIMINATE PROPOSED NON-STRUCTURAL WALL.
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, PROPOSED GUEST PARKING STREET PROVIDED=_
i PROOF OF PARKING STALLS PROVIDED=7 \
� � I �
NOTES LEGEND SINGLE FAMILY SITE DEVELOPMENT SUMMARY CITY OF GOLDEN VALLEY VEHICLES DETAIL
� PROPOSED BITUMINOUS PAVING GROSS SITE= 3.37 AC �'•-�s�
1. DIMENSIONS ARE ROUNDED TO THE NEAREST TENTH FOOT AND �� T i ----_
ARE TO BACK OF CURB AND EXTERIOR FACE OF BUILDING UNLESS — PROPOSED HEAVY DUN BITUMINOUS PAVING �M,,,P q,� ���-______ � � I HEREBY CERTIFYTHAT THIS
NOTED OTHERWISE. � ��__ - -�,\ PLAN,SPECIFICATION,OR
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STRUCTURE SETBACK MINIMUMLOTDEPTH 97Fi
4. ALL CONCRETE CURB SHALL BE 86-12 UNLESS OTHERWISE NOTED. NUMBER OF LO75 3o UNI7S 6.75 20.50 David Nash
{} STREET LIGHT SETBACKS _„_/�--�_�� DATE 6/13/2014
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763-593-$Q95/763-593-$109(fax)
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Executive Summary for Action
Golden Valley City Council Meeting
September 16, 2014
Agenda Item
6. A. Consideration of a Moratorium on Subdivisions and Planned Unit Developments that Include
Single Family Residential Components
Prepared By
Jason Zimmerman, Planning Manager
Summary
Recent single family residential subdivisions and Planned Unit Developments (PUDs) have
generated enough debate surrounding their review and approval that Staff has been directed by
the Council to prepare a six month moratorium in order to study various aspects of each.
Specifically, the moratorium will allow Staff to examine the possibility of creating a new zoning
district that establishes a larger minimum lot area, new standards for preserving "green" space
when subdividing lots, the interpretation and application of clear measurements of irregular lots,
the ability of the City to evaluate the potential impact on neighborhood character when
reviewing subdivisions, and the use of residential PUDs to create small subdivisions that sidestep
many elements of the zoning code.
Attachments
• Ordinance#530, tmposing a Six Month Moratorium on Subdivisions and Planned Unit
Developments that include Single Family Residential Components (1 page)
Recommended Action
Motion to adopt Ordinance#530, Imposing a Six Month Moratorium on Subdivisions and Planned
Unit Developments that include Single Family Residential Components.
ORDINANCE NO. 530, 2ND SERIES
AN INTERIM ORDINANCE AMENDING THE CITY CODE
Imposing a Six Month Moratorium
on Subdivisions and Planned Unit Developments
that include Single Family Residential Components
The City Council of the City of Golden Valley hereby ordains:
Section 1. The City Council finds that the subdivision of property zoned "single
family residential" to create small subdivisions, often with irregular lots, and the use of
residential Planned Unit Developments (PVDs) to create small subdivisions that
sidestep many of the controls of the City's Zoning Ordinance, have the potential to
negatively impact the "green" space, property values, traffic and pedestrian safety,
physical environment, orderly pattern of development, and official controls in the City's
single family residential neighborhoods, as well as the historic and aesthetic character
of those neighborhoods.
Section 2. City staff is hereby directed to undertake a study, in coordination with
the Planning Commission, to determine whether, or to what extent, the City's Zoning
and Subdivision Ordinances should be revised to address the foregoing concerns,
including the creation of a new zoning district that establishes a larger minimum lot
area; new standards for preserving "green" space when subdividing lots; new standards
for the clear interpretation and application of lot measurements standards to minimize or
eliminate irregular lots; the ability of the City to evaluate the potential impact on
neighborhood character when reviewing subdivisions; and the use of residential PUDs
to create small subdivisions that sidestep many elements of the zoning code.
Section 3. For the purpose of protecting the planning process and the health,
safety and welfare of the citizens of Golden Valley, and pursuant to Minnesota Statutes
Section 462.355, subd. 4 and Golden Valley City Code, Chapters 11 and 12, a six (6)
month moratorium is hereby imposed within the City of Golden Valley prohibiting the
approval of any new subdivision or PUD that includes a single family residential
component. During this six (6) month moratorium period, no new applications that would
permit such single family residential subdivisions or PUDs shall be considered or
approved by the City.
This Interim Ordinance shall be in full force and effect from and after its passage
and publication according to law.
Adopted by the City Council this 16th day of September, 2014.
/s/Shepard M. Harris
Shepard M. Harris, Mayor
ATTEST:
/s/ Kristine A. Luedke
Kristine A. Luedke, City Clerk
C2��I f)� �l�.i
� Planning Department
363-593-8095/7b3-593-8109(fax)
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Executive Summary For Action
Golden Valley City Council Meeting
September 16, 2014
Agenda Item
6. B. Bottineau Transitway Update
Prepared By
Jason Zimmerman, Planning Manager
Summary
The Technical Advisory Committee (TAC) for the station area planning efforts met on September
3 and discussed issues related to Traffic and Circulation and Urban Design. Topics included the
possibility of incorporating parking at the Golden Valley Road station. Hennepin County and
Metro Transit staff will plan to attend a future Council/Manager meeting to explore this issue
further.
The joint Community Working Group—made up of inembers of the Golden Valley Planning
Advisory Committee and Minneapolis representatives—was scheduled to meet on Wednesday,
September 10, to review a market analysis for the station areas as well as opportunities for
(re)development. Staff will be able to update the Council on the content of this meeting on the
16th.
In October, the topic for both the TAC and the Community Working Group will be concept
alternatives for each station area.
The first Workshop, or open house, has been scheduled for Wednesday, November 12, to share
these concepts with the general public and to allow the consultant team to receive feedback.
Recommended Action
Motion to receive and file Bottineau Transitway Update.
C��"�1 D�
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�t� �� CityAdministration/Council
763-593-8003/763-593-8109(fax)
Executive Summary For Action
Golden Valley City Council Meeting
September 16, 2014
Agenda Item
6. C. Authorization to Sign First Amendment to Addendum to Purchase Agreement with The Investor
Group, LLC for 2241 Legend Drive
Prepared By
Thomas D. Burt, City Manager
Summary
At the June 3, 2014 City Council meeting, the Council authorized the City Manager to sign the
purchase agreement for the sale of 2241 Legend Drive to The Investor Group, LLC. The purchase
agreement stipulated that $20,000 will be refunded to the buyer if certain exterior improvements
were made within two months of the closing. The closing took place on July 10, 2014, and the
deadline fell on September 10, 2014.
The buyer has completed some of the interior work but not the building exterior improvements.
The Investor Group, LLC has requested an extension in order to provide additional time to
complete the exterior improvements. Staff has negotiated an agreement that will extend the
deadline to October 5, 2014. The agreement covers the work which needs to be completed such as:
exterior siding replacement or repainting, exterior window replacement, landscaping and
rebuilding the exterior deck. The agreement does provide that if the buyer is successful in
completing the items in a timely manner he will be refunded $20,000 of the purchase price. If he
fails to complete the improvements by the deadlines agreed to he will forfeit $5,000 for each
deadline missed. The buyer as agreed to the terms outlined in the amended addendum to the
purchase agreement.
Attachments
• First Amendment to Addendum to Purchase Agreement - 2241 Legend Drive (2 pages)
• Addendum to Purchase Agreement dated June 24, 2014 (1 page)
Recommended Action
Motion to authorize the City Manager sign the First Amendment to Addendum to Purchase
Agreement with Investor Group, LLC for 2241 Legend Drive.
ADD���U��O�U�GH����G�E�����
This form approved b�y fhe Minn�Association at R�ALI'�R�,
� � vtfilch disclakns any liab[Itty adsfng out of us+a or mtsuae of th�fonm,
LEADERS �2Q11 MPnneaata Aesociatlon of RERLTOR�,Es�na�MI�
sa�tfiT��7Y�
1. Date o6isalis
2. Page
3. Addendum#o Pum.hasa Agreement between part[es,dated �ii ssn� ,20 is ,p��ining to the
4. purchase and sale of the property at ��*s _ Ls,�►a� nxi.�e
8. aolet�n��v�l� 11� 5s�3Z � -
.
8. in tha event af a canfiict b�twsen thfs Addendum and any other provislon of tf�e Purchase Agreement,the language
7. in this Addendum shsll�avern.
a►nar�=� Rs�oxas�a�rs �o �c�►ss ��r
8. T'!�e follc�vriag +az� additiaaal reQuirem�ats th�E maaet be oo�plated or adhered to hy the
$. �'er:
1) v�J.th.int taro tz) mo�s,thw a# dat. o! cloait�s
10. �a� Itll ast�rior sidiay� a�utl.l 1a� raQlaaec! or repai��t�d ar3.th painC tbat ri.il leu�t
w'i�;haut �slia� for a� le�is� tea (l0) yMar��
11. (b) A11 exterfor aia8oas ahaii b� raplaa�dj
(a) � e�cterior deck shaZl be rebs�ilt= �ad
12, id) A].l thc� yard �d yard plaatiags sl�all � repiaated. if aacess�rY, �ad kapt ia
pood eo�3iCioa duri�y tha p�riod of o�wa�rslsii? �'sY �tYax.
13. All o� the �bo�v� item� awab�rad tal. (b3. ta) aad td) ahaii b� oo�pls�ed withia tcca��o
14, t�) mvnths of the �.�e o� alaairs�. x! thsy are cc�iotad rrJ,thin tbst tfinetat�l� and
�ha yard m�;iataiaad ia �ood co�ditii+o�a duria�, t2s�,t pariod o� ti�, allowiaQ !or aa�!
ir�. aoasidaria� the on qois� coaets7sotioa a,ti tha �+ra�ertY, $3d,000.00 0! t� $SSO,�04.00
purcb►aae priaa shail be s�aafund+sd to b�uyar. t�" a�o,y o! tihese items are aot cc�piat� or
16. =dhsred tv, to th+b aatiafactiuu oP the C�.1Cy. �aid $�0.00o eball lozfai� to th� city.
33 T�e fatflrfor a�rk �l�all bs ca�i�t� o�i.Cliia 6 �aonth� of the d�tw of closia� ia such
17. aan�iftioaa tba,� �hs hauso and othar fa�rovsa�ats raquireQ herein, i�,cludi� the
follo�via� 7tas'd voork, maY be marr:ated �sad so��' �o aa snd user.
1$. 4) The Lausi o�s Ch� Drc�rtY mnat be re��irea �s a�t�Li�und abav�e. =t na,y aot bs
19. r��' if at a11, until all. �s,�sets o� Eiie liti�atic� hsvs beaa ct�l��e+�,
Thia sals i� ou e�t AS =S bssie. Seller �a discio��d tL� h3r�tory of liti�r�i�ioa �a,nd
20. �iaeeria�
�por�s vo�csraiag �he �sxo�artY• �Yer �a��naw'ledges the attached gxgclosure St�.tamen�,
21. abtaahad docnme�te a�l the opport�sa,ity to r�vi�a all of t2�e es��saerir�y reports osi t�
pron�rr�y �ohich hav�er baen aollacted by the Citiy.
22. 5) Hu,yar to build a tvro t'ao� h3Qh. dirt buzm alas� tha PraDerty Iute an8 sa:aeet Cs�ek.
8uyer a�,n�d Cit�y ta agras an saope u� waark �rior to clos�.
23, THIS �GR�.B� IS BBSJJlCT '1'�> APPRCV]iL SY T�iR CTTY
24. �r,s abli �tiou ta
Si porfox=n u�dar thi�r Swrc]�aga ��semwsst ier co��ix�mst u�p�on Huy�r=��
pr�, secoipt of a camsitmeat �raaa a titi�► insuraaca co�any to iaau+� a titl,e iasur�ca poliay
that 3$ acc�ptabla to S�syer ax�4 �1aat insura� oves ax ��,�.nat �ha rf sk rs],atad to thc� �,
26. or�pol�a� 13tii�atinax regarclir� t� gi'o�sty bet�een tbe City o� Qoldoa Va11al► aad 8tav�n
asid €�a�dra� 7�azQi.
27.
28. Tlxs additi+os�i rec�uire�at� nr term� cc�itaiaeB iss thi� add�� survive ths aloais� ar�, ,,
givis� of 4:he d.ad so that thaY maY be eaforcad there�,fter
29.
3U. �
4,.,�..r � �
�I� i� �
-��r� �`� `�•�T - _7/�„ �rt�!
3i. �sau� .�.. � �F �
(Dat {BuYe►') Iave6tor =,x,C pa�� �
...�,
32. �e+,.,,�-�,�.� .'������ �
(Sek�r) (Date) (euyefj
(�1
33. TI�lIS tS.�'LEQA�.LY B�EI+#tNNt�GG�17'l���'E3�����,i�+'�'��;,�t3��T �,
34. !F'itQU DEStI��L�G�l.�i`AX A�VlC�,CANSU�.T�1�►lf����d�"E P� ��,t [.�
MN-APA($111)
.
FIRST AMENDMENT TO ADDENDUM TO PURCHASE AGREEMENT
2241 Legend Drive, Golden Valley, MN
This Agreement arnending Addendum to Purchase Agreement ("Adclendum") is made
diis 10�' day of September, 2014 by and betcveen t�ie City of Golden Valley ("City") and Investor
Group, LLC (`Buyer")
WHEREAS tlie Purctiase Agreement dated April 22, 2014 lias an Addendum dated,june
24, 2014 wliicli provides adclitional requirements to t�ie Buyer dealing wit�i improvements to t.�ie
building exterior wliicli were to be completed wit�un two (2) monttis of t�ie date of closing.
WH�REAS ttiis matter closed on July 10, 2014 and two (2) monttis thereafter falls on
September 10, 2014.
NOVV,THER�FORE, ttie parties wish to amend t�ie Addendum as follows:
1. By no later t�ian Septeinber 12, 2014, Buyer stiall apply to t�ie City of Golden
Valley for a full building permit relating to windows, siding, deck, etc.
2. By September 19, 2014, Buyer shall complete tlie exterior siding replaceinent or
repainting t�iat will last wit�iout peeling for at least ten (10) years.
3. By Septeinber 30, 2014, Buyer shall rebuild tlie exterior deck and have it. fully
completed.
4• By October 5, 2014, Buyer shall complete dle replacement of t�ie exterior
windows.
5. Ttie y�u-cl and yard planting s�iall be replanted if necessary and kept in good
condition continuously during t�ie period of ownersliip by tlie Buyer.
6. If Bu}�er is successful in compleling all of tlie items 1 tlirough 5 above to tlie
satisfaclion of t�ie City, City Staff agrees to recommend to tlie City Council ttiat it refund Twenty
Tliousand and 00/100 Dollars ($20,000.00) of tkie purchase price to t�ie Buyer; liowever, t�ie City
shall have no obligation to do so. If Buyer fails to miss any of tlie future deadlines referenced in
Paragraphs 1 t�irough 4 above, Buyer shall forfeit Five Thousand and 00/100 Dollars ($5,000.p0)
of t�ie possible amount to be refunded for each deadline missed.
No furtlier extensions of tliese deadlines will be considered by ttie City�.
This Ainendinent to Addenduin to Purchase Agreement is subject to approval by t�ie City
Council.
First Amendme�it to ADDENDt1M TO Purchase Agreemeiit
2241 I,e�;end Drive,Goldeu Valley,MN Page 1 of 2
The additional requiretnents or terins contained in diis Ainendment to Addendum to
Purcliase Agreeinent. survive tlie closing ancl giving of t�ie deed so tliat t�iey inay be enlorced
tliereaftcr.
Dated: ___!_______________________ CITY Or GOLDEN VALLEY
By•
---------------------------
Tliomas D. Burt, City Manager
Dated: __ September 10, 2014 ,-.--._�..,,.
;____. ..
------------------ INV�STO�t GROLIP,
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000090/31`200`l/1934888 1
First Amendment to ADD�NDUM TO Purchase Agreement
2`l41 Legend llrive,Golden Valley,MN P�e 2 of 2