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03-07-17 CC Agenda Packet (entire)AGENDA Regular Meeting of the City Council Golden Valley City Hall 7800 Golden Valley Road Council Chamber March 7, 2017 6:30 pm 1.CALL TO ORDER PAGES A.Pledge of Allegiance B.Roll Call 2.ADDITIONS AND CORRECTIONS TO AGENDA 3.CONSENT AGENDA Approval of Consent Agenda - All items listed under this heading are considered to be routine by the City Council and will be enacted by one motion. There will be no discussion of these items unless a Council Member so requests in which event the item will be removed from the general order of business and considered in its normal sequence on the agenda. A.Approval of Minutes - City Council Meeting February 21, 2017 3-6 B.Approval of City Check Register 7 C.Licenses: 1. General Business Licenses - Amusement Devices 8-9 2. General Business Licenses - Gas Station/Dispenser 10-11 3. Multi-Family Rental Property License 12 4. Temporary Liquor License - Polo for Philanthropy 13 D.Minutes: 1. Planning Commission - February 13, 2017 14-18 2. Board of Zoning Appeals - January 24, 2017 19-24 3.Civil Service Commission - November 21, 2016 25-26 4. Environmental Commission - December 19, 2016 and January 23, 2017 27-30 5. Human Services Fund - November 14, 2016 and January 9, 2017 31-33 E.Bids and Quotes 1. Approve Purchase Truck Mounted Tack Sprayer 34 2. Approve Purchase Asphalt Hot Box 35 4.PUBLIC HEARINGS A.Public Hearing - Trunk Highway 55 West Public Improvement Project No. 15-22 17-16 36-61 B.Public Hearing - Special Assessments for Trunk Highway 55 West Public Improvement Project 17-17 62-66 5.OLD BUSINESS 6.NEW BUSINESS A.Appeal of Board of Zoning Commission Decision for 1401 Winnetka Avenue 67-94 B.Second Consideration - Ordinance #618 - Amendment of Salaries of Mayor and Council Members 95-97 C.First Consideration - Ordinance #619 - Addition of Youth Member to Board and Commissions 98-107 D.Approve Office Lease Agreement with the Golden Valley Community Foundation 108-121 6. NEW BUSINESS - continued E.Announcement of Meetings 1. Future Draft Agendas: Council/Manager March 14, 2017, City Council March 21 and April 4, 2017 122-124 F.Mayor and Council Communications 7.ADJOURNMENT UNOFFICIAL MINUTES CITY COUNCIL MEETING GOLDEN VALLEY, MINNESOTA February 21, 2017 1. CALL TO ORDER Mayor Harris called the meeting to order at 6:30 pm. 1A. Pledge of Allegiance 1B. Roll Call Present: Mayor Shep Harris, Council Members Joanie Clausen, Larry Fonnest, Andy Snope and Steve Schmidgall. Also present were: City Manager Cruikshank, City Attorney Garry and City Clerk Luedke. 2. ADDITIONS AND CORRECTIONS TO AGENDA MOTION made by Council Member Snope, seconded by Council Member Clausen to approve the agenda of February 21, 2017, as submitted and the motion carried. 3. APPROVAL OF CONSENT AGENDA MOTION made by Council Member Clausen, seconded by Council Member Snope to approve the consent agenda of February 21, 2017, as revised: removal of 3F-Adopt Resolution approving Application for Community Development Block Grant Program Funds for West Hennepin Affordable Housing Land Trust, 3J-Authorize Contract for Professional Services with Prairie Restorations for the Restoration and Maintenance of Native Plant Communities, and 3N-Authorize staff to sign a letter of support for Habitat for Humanity and the motion carried. 3A.Approve Minutes of the City Council Meeting of February 7, 2017. 3B. Approve City Check Register and authorize the payment of the bills as submitted. 3C1.Authorize the issuance of Fireworks Sales as recommended by staff. 3C2.Approve the issuance of a Therapeutic Massage Facility License for Pucon Massage located at 810 Lilac Drive North, Suite 104. 3D. Accept for filing the Minutes of Boards and Commissions as follows: 1. Planning Commission - January 23, 2017 2. Board of Zoning Appeals - December 27, 2016 3. Environmental Commission - November 28, 2016 4. Human Services Fund - October 10, 2016 5. Joint Meeting of the Board of Zoning Appeals, Human Services Fund, Environmental Commission, Human Rights Commission, Open Space and Recreation Commission, and Planning Commission - January 23, 2017 6. Joint Water Commission - December 7, 2016 3E1.Approve purchase of a 2017 Caterpillar Model 908M Wheel Loader with Snow Wolf Fast Attach from Ziegler Cat in the amount of $77,740.75. 3E2.Approve purchase of two Ford SUV Interceptor Vehicles from Nelson Auto Center for the total purchase price of $71,454.90. 3E3.Approve purchase of one Ford F250 from Midway Ford, utility box and snow plow from ABM Equipment, for the total purchase price of $44,235. 3E4.Approve the purchase of a Fairway Mower from Turf Werks through the National IPA State Contract #07313-jcs for a total purchase price, including Minnesota sales tax, in the amount of $43,903.18. 3F.Adopt Resolution 17-12, Approving Application for 2017 Community Development Block Grant Program Funds for West Hennepin Affordable Housing Land Trust. Unofficial City Council Minutes -2- February 21, 2017 3. APPROVAL OF CONSENT AGENDA - continued 3G.Adopt Resolution 17-13, renaming Six Election Precincts in the City. 3H.Authorize Agreements to upgrade the City’s Asset Management Software: Cartegraph Systems, Inc. Master Agreement and Purchase Agreement in the amount of $95,785.03 and Esri Enterprise License Agreement in the amount of $25,000. 3I.Authorize the Mayor and City Manager to sign the Intervention Services Agreement with Sojourner Project, Inc. for Domestic Assault Intervention Services. 3J.Authorize a contract for Professional Services with Prairie Restorations, Inc. for the 2017 Golden Valley Restoration and Maintenance of Native Plant Communities. 3K.Adopt Resolution 17-14, approving Golden Valley Fire Relief Association By-Laws Article XI Increasing the Service Pension. 3L.Approve Amendment to Contract 15-10 between the City of Golden Valley and Tim’s Tree Service, Inc. in the amount of $66,410 for the 2017 Spring Brush Pickup Program. 3M.Reject all bids from the February 9, 2017, bid opening for the 2017 Pavement Management Program project. 3N.Authorize staff to sign a letter of support for Habitat for Humanity. 3O.Approve the meetings for Council reimbursement as listed below: ∼Beyond the Yellow Ribbon Campaign ∼Bicycle and Pedestrian Planning Task Force ∼Bottineau Light Rail Transit (LRT) Community Works Steering Committee ∼Golden Valley Business Council ∼Golden Valley Historical Society Board Member ∼Highway 169 Mobility Study Policy Advisory Committee ∼Hopkins School District 270 Caring Youth Committee ∼Hopkins School District 270 Cities Joint Meetings ∼League of Minnesota Cities (LMC) - Committee meetings ∼Legislative Liaison and Spokesperson ∼METRO Blue Line Extension Corridor Management Committee ∼Metro Cities ∼Minneapolis Water Advisory Board ∼Northwest Suburbs Cable Communications Commission ∼Regional Council of Mayors ∼Robbinsdale School District 281 Government Advisory Committee ∼Sochacki Park Governance Policy Board ∼TwinWest Chamber of Commerce 3. ITEMS REMOVED FROM THE CONSENT AGENDA 3F.Approval of Application for Community Development Block Grant Program Funds for West Hennepin Affordable Housing Land Trust Council Member Fonnest provided information regarding the program and thanked the organization for providing the grant. There was Council discussion regarding the grant program and affordable housing. MOTION made by Council Member Fonnest, seconded by Council Member Clausen to adopt Resolution 17-12, approving the Proposed Application for 2017 Community Development Block Grant Program Funds for West Hennepin Affordable Housing Land Trust and Authorizing Execution of Subrecipient Agreement with Urban Hennepin County and Any Third Party Agreements upon a vote being taken the following voted in favor of: Clausen, Fonnest, Harris, Schmidgall and Snope, the following voted against: none and the motion carried. Unofficial City Council Minutes -3- February 21, 2017 3J. Authorize Contract for Professional Services with Prairie Restorations, Inc. for the 2017 Golden Valley Restoration and Maintenance of Native Plant Communities Council Member Fonnest provided additional information regarding pollinators and some of the steps the City, the Environmental Commission and the Golden Valley Garden Club are taking to support and improve the pollinator’s habitat. MOTION made by Council member Fonnest, seconded by Council Member Clausen to authorize a contract for Professional Services with Prairie Restorations, Inc. for the 2017 Golden Valley Restoration and Maintenance of Native Plant Communities in the amount of $31,290 and the motion carried. 3N. Authorize Letter of Support for Habitat for Humanity Council Member Fonnest provided additional information on Habitat for Humanity and thanked the organization. MOTION made by Council Member Fonnest, seconded by Council Member Clausen to authorize staff to sign a letter of support for Habitat for Humanity and the motion carried. 6. NEW BUSINESS 6A. Authorize Support of a Cooperative Project Agreement for DeCola Ponds and Medicine Lake Road Area Flood Mitigation Measure City Engineer Oliver presented the staff report and answered questions from Council. MOTION made by Council Member Schmidgall, seconded by Council Member Clausen to adopt Resolution 17-15, supporting a Cooperative Project Agreement for DeCola Ponds and Medicine Lake Road Area Flood Mitigation Measures upon a vote being taken the following voted in favor of: Clausen, Fonnest, Harris, Schmidgall and Snope, the following voted against: none and the motion carried. 6B. First Consideration - Ordinance #618 - Amendment of Salaries of Mayor and Council Members City Manager Cruikshank presented the staff report. There was Council discussion regarding amending the Mayor and City Council salaries. MOTION made by Council Member Fonnest, seconded by Council Member Clausen to adopt first consideration,Ordinance #618, amending Salaries of the Mayor and Council Members upon a vote being taken the following voted in favor of: Clausen, Harris, and Snope, the following voted against: Fonnest and Schmidgall and the motion carried. 6C. Announcement of Meetings Some Council Members may attend the GARE - Advancing Racial Equity: Role of Government Opportunities and Challenges on February 22, 2017, from 3 to 5 pm at the Minneapolis Central Library at 300 Nicollet Mall, Minneapolis. The State of the City Community Update will be held on February 23, 2017, at 7:30 to 8:30 am in the Council Chambers. Unofficial City Council Minutes -4- February 21, 2017 6C. Announcement of Meetings - continued Some Council Members may attend the TwinWest Chamber of Commerce Open House for their new president on February 23, 2017, from 11 am to 1 pm at the Chamber of Commerce located at 10700 Old County Road 15, Plymouth and 4 to 6 pm at Kip’s Irish Pub located at 9970 Wayzata Blvd, St. Louis Park. Some Council Members may attend the Robbinsdale Area Schools Empty Bowls Event on March 7, 2017, at Robbinsdale Cooper High School located at 8230 47 th Avenue, New Hope. The next City Council meeting will be held on March 7, 2017, at 6:30 pm. 6D. Mayor and Council Communication Council Member Clausen said that the structure is starting to be built for Brookview Community Center. Mayor Harris stated that due to the construction this year’s Run the Valley event will have a new route. It will be at Meadowbrook School. Mayor Harris updated Council on current legislative bills being heard at the State Capital which included information on funding of the transportation bill and possible changes to the Metropolitan Council to have City Council Members serve on it. 7.ADJOURNMENT MOTION made by Council Member Schmidgall, seconded by Council Member Clausen and the motion carried to adjourn the meeting at 7:14 pm. _______________________________ Shepard M. Harris, Mayor ATTEST: __________________________ Kristine A. Luedke, City Clerk Executive Summary For Action Golden Valley City Council Meeting March 7, 2017 Agenda Item 3. B. Approval of City Check Register Prepared By Sue Virnig, Finance Director Summary Approval of the check register for various vendor claims against the City of Golden Valley. Attachments •Document sent via email Recommended Action Motion to authorize the payment of the bills as submitted. Executive Summary For Action Golden Valley City Council Meeting March 7, 2017 Agenda Item 3. C. 1. General Business Licenses Prepared By Kris Luedke, City Clerk Summary As per City Code, some businesses are required to be licensed by the City. Listed below are the License Number, Applicant, License Type and Fee of those who have submitted an application for approval. License No. Applicant License Type Fee #9397 American Amusement Arcades 3 Amusement Devices $45 2100 West 96 th Street at 6400 Wayzata Blvd #9411 RZMP Corporation 2 Amusement Devices $30 7348 Country Club Drive at 7348 Country Club Drive #9400 Theisen Vending Company 3 Amusement Devices $45 2335 Nevada Avenue North at 7348 Country Club Drive 2 Amusement Devices $30 at 8806 Olson Memorial Hwy 2 Amusement Devices $30 at 6920 Wayzata Blvd #9396 Chester Bird American Legion 3 Amusement Devices $45 200 Lilac Drive North at 200 Lilac Drive North License No. Applicant License Type Fee #9394 Lubrication Technologies Bulk Oil Storage $25 900 Mendelssohn Avenue #9410 Schuller’s Tavern Dancing/Entertainment $375 7348 Country Club Drive Recommended Action Motion to authorize the issuance of licenses as recommended by staff. Executive Summary For Action Golden Valley City Council Meeting March 7, 2017 Agenda Item 3. C. 2. General Business Licenses Prepared By Jill Lund, Administrative Assistant Summary As per City Code, some businesses are required to be licensed by the City. Listed below are the gas station/dispenser licenses that are up for renewal. Applicant License Type Fee Linn Retail Centers, Inc.Gas Station/ 6 Dispensers $ 400.00 DBA: Holiday Station 600 Boone Avenue North Mobile Radio Engineering Gas Station/1 Dispenser $ 75.00 745 Boone Avenue North Mainline Transportation, Inc.Gas Station/4 Dispensers $ 300.00 835 Decatur Avenue North Jim Lupient Oldsmobile Gas Station/1 Dispenser $ 75.00 7100 Wayzata Boulevard Feist Automotive Gas Station/4 Dispensers $ 300.00 1875 Lilac Drive North Holiday Stationstores, Inc.Gas Station/5 Dispensers $ 350.00 7925 Wayzata Boulevard Super America #4443 Gas Station/4 Dispensers $ 300.00 1930 Douglas Drive North Applicant License Type Fee Super America #4497 Gas Station/6 Dispensers $ 400.00 6955 Market Street Morrie’s Cadillac SAAB Gas Station/1 Dispensers $ 75.00 7400 Wayzata Boulevard Gregg and Jim’s Service, Inc.Gas Station/4 Dispensers $ 300.00 1900 Douglas Drive North Freddie’s Petroleum, Inc.Gas Station/4 Dispensers $ 300.00 DBA: Amstar 9405 Medicine Lake Road General Mills Gas Station/6 Dispensers $ 400.00 1 General Mills Boulevard Regency Hospital Gas Station/1 Dispenser $ 75.00 1300 Hidden Lakes Parkway Golden Valley Country Club Gas Station/2 Dispensers $ 150.00 7001 Golden Valley Road Theodore Wirth Par 3 Gas Station/2 Dispensers $ 150.00 1313 Theodore Wirth Parkway Recommended Action Motion to authorize the issuance of licenses as recommended by staff. Executive Summary For Action Golden Valley City Council Meeting March 7, 2017 Agenda Item 3. C. 3. Multi-Family Rental Property Licenses Prepared By Dave Gustafson, Fire/Property Maintenance Specialist Jill Lund, Administrative Assistant Summary The following multi-family rental properties are up for renewal. PROPERTY LICENSE FEE HELLO APARTMENTS - 9201 Golden Valley Road $ 300 Recommended Action Motion to authorize the renewal of multi-family rental licenses as recommended by staff. Executive Summary For Action Golden Valley City Council Meeting March 7, 2017 Agenda Item 3. C. 4. Temporary On-Sale Liquor License - Polo for Philanthropy Prepared By Kris Luedke, City Clerk Summary Polo for Philanthropy has applied for a temporary on-sale liquor license for an event being held on March 16, 2017, from 6:30 to 9:30 pm at Borton Volve located at 905 Hampshire Boulevard in Golden Valley. It will be a benefit for Alex’s Lemonade Stand Foundation and it coincides with Borton Volvo’s grand opening. The event is a private invite adult only event. The dealership will be closed to the public and the liquor service will be inside the establishment. The City Code does provide for temporary sales of liquor with Council approval. Also, required is a certificate of liquor liability insurance naming the City as an additional insured in the amount of $1,000,000. The Polo for Philanthropy has provided this certificate for their event. Recommended Action Motion to approve a temporary on-sale liquor license for the Polo for Philanthropy for their event at Borton Volvo located at 905 Hampshire Boulevard on Thursday, March 16, 2017. Regular Meeting of the Golden Valley Planning Commission February 13, 2017 A regular meeting of the Planning Commission was held at the Golden Valley City Hall, Council Chambers, 7800 Golden Valley Road, Golden Valley, Minnesota, on Monday, February 13, 2017. Chair Segelbaum called the meeting to order at 7:03 pm. Those present were Planning Commissioners Baker, Blenker, Johnson, Segelbaum, and Waldhauser. Also present were Planning Manager Jason Zimmerman, Associate Planner/Grant Writer Emily Goellner, and Administrative Assistant Lisa Wittman. Commissioners Blum and Kluchka were absent. 1. Approval of Minutes January 23, 2017, Regular Planning Commission Meeting MOVED by Waldhauser, seconded by Johnson and motion carried unanimously to approve the January 23, 2017, minutes as submitted. 2. Comp Plan Discussion – Demographics Zimmerman referred to the Community Data Report included in the agenda packet and explained that it will be used in the Community Profile Chapter of the 2040 Comprehensive Plan Update. He noted that it will also be used to support the themes that have emerged after the Open House, online survey results, and through conversations with Commissions and the City Council. He showed the Commissioners two word clouds. One demonstrated the words people have used to describe Golden Valley today and the other demonstrated Golden Valley’s future. He stated that “Suburban Evolution” has emerged as the overarching theme for the Comprehensive Plan update. Some of the other themes include: supporting the emergence of a dynamic town center, showcasing Golden Valley as a “green” community, emphasizing all aspects of a multi-modal transportation system, striving to be more inclusive, and making important investments in infrastructure. Zimmerman stated that the data in the report is showing that the population is growing, aging, and becoming more diverse; the number of households is increasing, but they are smaller in size; there are more multi-family buildings and more renters; the household cost burden has increased, especially for renters; employment continues to grow; and a large majority of workers drive to work alone. Goellner discussed some national trends including: an aging population, a widening gap in incomes, housing costs rising faster than incomes, higher educational attainment, the demand for housing in central cities and inner-ring suburbs, the demand for multiple transportation options, more unpredictable and severe weather events, changes in technology, and the rise of shared economy. Minutes of the Golden Valley Planning Commission February 13, 2017 Page 2 Zimmerman referred to a chart showing population and stated that Golden Valley’s population reached a low point in 2000 and has since rebounded. He stated that the City is already surpassing the Met Council 2015 estimates for where they thought Golden Valley would be in 2020 and that the demographic trends in the Twin Cities metro area anticipate a 27% population growth in the next three decades, from 2.85 million in 2010 to 3.63 million in 2040. Waldhauser asked about pending apartment projects coming on-line. Baker noted that there is a 5% increase between 2010 and 2015 and yet the size of the households has dropped so there has to be more units somewhere. Zimmerman stated that there is a rise in the number of apartment units coming and that the household size is starting to trend upward. He explained that the 2015 numbers are a Met Council estimate compared to 2010 census data so the actual numbers might have been different from the estimated numbers. Johnson asked when the Met Council estimates are created. Zimmerman stated that the 2015 estimates are their current estimates that were released in 2016. Johnson asked how the City gauges the accuracy of the Met Council estimates. Zimmerman stated the Met Council has forecasters that have the data and systems to provide these estimates. Johnson said it would be helpful to know how the Met Council comes up with their estimates. Baker agreed and stated that a lot of decisions are based on these Met Council estimates. Zimmerman referred to a graph showing population by age and stated that Golden Valley still has an older population but it is starting to see a spurt of people in their early thirties so over the next several years the City will have to figure out where the aging population will live. Baker asked about the rationale for wanting older people to stay in Golden Valley. Zimmerman stated that he has heard from many people that they want to stay in Golden Valley with their social circle and families, but they don’t necessarily want to maintain a house and yard. Zimmerman discussed a graph regarding population by race and ethnicity and noted that there has been an increase in diversity in Golden Valley. He stated that in 1990, 94% of Golden Valley residents were white and over the last 30 years that has steadily dropped to approximately 82% of residents who are white. Johnson asked if the Met Council has targets on where cities are supposed to be in terms of diversity. Zimmerman stated that the Met Council doesn’t have targets, but they have numbers on how they think the metro area will change. As a region, the share of persons of color is expected to rise from 9% in 1990 to 41% by 2040. Baker asked if Golden Valley is tracking with the Met Council estimates. Zimmerman stated that Golden Valley was at 6% people of color in 1990 compared to 9% metro wide so Golden Valley isn’t moving as quickly as some other areas, but is following that same trend line. Goellner referred to a graph regarding educational attainment and stated that more people who live in Golden Valley are gaining bachelor or graduate/professional degrees and that there have been less people over time who are not gaining their high school diploma. She stated that the level of educational attainment is higher in Golden Valley when compared to attainment in the seven county metro area which indicates higher incomes as well. Minutes of the Golden Valley Planning Commission February 13, 2017 Page 3 Zimmerman referred to a graph regarding poverty levels and noted that the percentage of Golden Valley’s population living below the poverty level has been increasing, roughly doubling from 4.3% in 1990 to 8.2% in 2015. Baker asked how that compares to the metropolitan area. Goellner said Golden Valley’s numbers are lower than other communities in the metro area. Waldhauser asked if there is a breakdown of age and/or ethnicity for the numbers on the poverty level graph. Goellner said she doesn’t have data for Golden Valley specifically, but that she would look for more information. Zimmerman discussed the number of households and household types in Golden Valley. He noted that there hasn’t been much change in this data since the 1990 census, but that the number of households has been rising and is forecast to continue to rise which is consistent with the recent approval of large multi-family buildings. The data regarding household types shows that a smaller percentage of households have children, and a greater percentage of residents live alone which is consistent with an aging population. Zimmerman next discussed the housing types in Golden Valley and said there has not been a lot of change since 1990. He stated that although single family homes dominate the housing landscape, almost all types of housing have been increasing, most notably the multi-family housing stock. Blenker asked if the housing types graph refers to the number of units. Zimmerman said yes. Blenker noted that approximately two-thirds of the units are single family homes and the other one-third are townhomes or apartments. Baker said it would be interesting to learn about the long term implications of continued apartment growth. Zimmerman referred to a graph showing housing tenure and vacancy and noted that fewer residents are living in owner occupied housing; more are renters. Waldhauser asked if the City knows how many rental units are single family home versus multi-family buildings. Goellner stated that there are approximately 400 single family homes that have a rental license and that rentals are predominantly in multi-family buildings. Zimmerman discussed median home values, median household income, and the percentage of households with cost burden and noted that the median home value in Golden Valley dipped in the early 2010s, but appear to have stabilized. The median household income also dipped after 2010 while median rents increased. Waldhauser asked what is included in the percentage of household costs. Goellner stated the costs include utilities and rent, not maintenance. Waldhauser said she thinks the graphs understate the cost of owning a house. Zimmerman referred to a graph illustrating employment in Golden Valley and said employment in Golden Valley has been steadily rising throughout the 1990s and 2000s. He added that in the Twin Cities metro area, employment figures are forecast to increase 30% from 1.55 million in 2010 to 2.02 million by 2040. Blenker asked about the top employers in Golden Valley. Goellner said the top employers include: General Mills, Allianz, Courage Kenny, Honeywell, Tennant, and Mortenson. Zimmerman added that Golden Valley will see an increase in employment. Minutes of the Golden Valley Planning Commission February 13, 2017 Page 4 Goellner discussed two graphs that showed means of transportation to work and travel time to work and stated that most Golden Valley residents drive alone to work which has not changed much in the past 25 years. She noted that this is typical for communities with robust roadway networks, but has the likelihood of decreasing between today and 2040. She stated that most residents drive to work and arrive within 30 minutes and that the majority of residents work in communities outside of Golden Valley. Waldhauser stated that it is interesting that the means of transportation to work doesn’t change, but people have said multi-modal transportation is important to them. Goellner stated that multi- modal transportation can’t be more convenient until more people use it because expansion of the system is based on existing ridership levels. She also stated that the data hasn’t changed much over time because the highway access in Golden Valley hasn’t changed. Johnson referred to the graph about employment and asked why the information is split between Met Council forecasts and DEED estimates. Zimmerman explained that DEED doesn’t do forecasts and that the Met Council relies on DEEDs numbers for their forecasts. Johnson said there seems to be quite a difference in expertise for the Met Council to go from housing and population to employment. Zimmerman reiterated that this is the type of data that staff thinks is important to include in the first chapter of the Comprehensive Plan. He said he would like to hear from the Commissioners if there is more information they would like to see added in order to address some of the goals in the Comprehensive Plan. Segelbaum asked about the next steps in the Comprehensive Plan Update process. Zimmerman stated that there will be “Comp Plan Conversations” throughout the summer. These conversations/mini open houses will occur prior to the first Planning Commission meetings of the month at 6 pm with an additional meeting scheduled on August 7. Then staff will recap the “conversations” at the Council/Manager meeting each month. In late 2017, a final draft of the Plan will be reviewed by the Commissions and will be sent to the City Council for review and comment. In early 2018, there will be a comment period for the public and neighboring communities. The plan will then go to the Planning Commission and City Council in mid-2018 for approval and will be submitted to the Metropolitan Council. The Commissioners talked about the process and how they will review the Plan and provide feedback. Johnson asked for more data on climate change and storm data change. Goellner said she would send the Commissioners additional information. Waldhauser suggested reviewing information on the built environment as well as the natural environment. Zimmerman said he will also be working with the staff liaison to the Environmental Commission in regard to the Sustainability and Resilience Chapter. Minutes of the Golden Valley Planning Commission February 13, 2017 Page 5 3. Reports on Meetings of the Housing and Redevelopment Authority, City Council, Board of Zoning Appeals and other Meetings No reports were given. 4. Other Business •Review Planning Commission Bylaws Zimmerman explained that the Planning Commission bylaws need to be amended because the City Council is going to appoint a youth member to each Board and Commission as a way to involve teens. Baker asked if the youth member would contribute to a quorum. Zimmerman said no, they would be a non-voting member. Blenker asked if any youth have expressed interest in being appointed to a board or commission. Segelbaum stated that there used to be a teen committee but there really wasn’t enough for them to do on their own so he thinks this is a good way to include them. Johnson agreed. Waldhauser said she thinks a teen member would be better suited for the Planning Commission rather than the Board of Zoning Appeals. Segelbaum expressed concern about a teen member not wanting to participate in the entirety of meetings. •Council Liaison Report No report was given. 5. Adjournment The meeting was adjourned at 8:26 pm. __________________________________________________________ John Kluchka, Secretary Lisa Wittman, Administrative Assistant Minutes of a Regular Meeting of the Golden Valley Board of Zoning Appeals January 24, 2017 A regular meeting of the Golden Valley Board of Zoning Appeals was held on Tuesday, January 24, 2017, at City Hall, 7800 Golden Valley Road, Golden Valley, Minnesota. Chair Perich called the meeting to order at 7 pm. Those present were Members Maxwell, Orenstein, Perich and Planning Commission Representatives Johnson and Kluchka. Also present were Planning Manager Jason Zimmerman, Associate Planner/Grant Writer Emily Goellner and Administrative Assistant Lisa Wittman. Member Nelson was absent. I. Approval of Minutes – December 27, 2016, Regular Meeting MOVED by Maxwell, seconded by Perich and motion carried 3 to 2 to approve the minutes as submitted. Kluchka and Orenstein abstained. II. The Petition(s) are: 1401 Winnetka Avenue North Luis Hector Perez Silva, Applicant Request: Waiver from Section 11.21, Single Family Zoning District, Subd. 12 (B) Height Limitations •2 ft. over the 10 ft. of height allowed for a total height of 12 ft. Purpose:To allow for the recently constructed shed to remain 12 ft. tall. Zimmerman referred to photos of the property and explained that in September of 2015, the applicant applied for a building permit to build a shed. The Building Official approved the plans for the shed, but noted on the permit that the wall height could not exceed 10 feet. In May of 2016, it was brought to the City’s attention that the shed was constructed 12 feet tall instead of the allowed 10 feet. Since then, the City has been working with the applicant to resolve the issue, and the applicant has received several administrative citations, but the shed is still out of compliance so now the applicant has decided to apply for a variance to allow the shed to remain 12 feet tall. Zimmerman noted that if the variance is not granted, the applicant will have two weeks to make the shed compliant or else pay the second fine that is currently pending. After that the matter will be turned over to the City Attorney. Zimmerman referred to the Zoning Code’s definition of height limitations for accessory structures which reads as follows: No accessory structure shall be erected in the R-1 Zoning District to exceed a height of one (1) story, which is ten (10) feet from the floor to the top horizontal member of a frame building to which the rafters are fastened, Minutes of the Golden Valley Board of Zoning Appeals January 24, 2017 Page 2 known as the top plate. He stated that the applicant has said that he needs the additional height to store equipment for his subcontracting business. The applicant has also stated that he can install a “double plate” 10 feet up the 12 foot wall in order to address the issue, however Planning and Inspections staff agree that this solution would not meet the Zoning Code requirement. Zimmerman reviewed the points of examination used when considering variances and stated that the shed does constitute a reasonable use. However, there are no circumstances unique to the property which would require a 12 foot tall shed, granting the variance would alter the essential character of locality, and there are other options available to reach compliance. Therefore, staff is recommending denial of the requested variance. Maxwell stated that the need for this variance was caused by the landowner, so if the applicant would have asked for a variance before the construction of the shed the City and the applicant wouldn’t be in this situation. Zimmerman said that is correct and in fact, the shed was completed after the applicant was told to lower the height. Perich questioned if the shed were not attached to the garage if it would still be considered an accessory structure. Zimmerman said it is still an accessory structure, but attaching the shed to the garage makes it part of the garage instead of a second detached accessory structure. Perich asked about the total square footage of the garage/shed. Zimmerman said he believes it is under the 800 square feet of allowed detached accessory structure space. Luis Hector Perez Silva, Applicant, referred to his building permit application and his variance application and said that he has stated from the beginning that he was going to build the shed 12 feet tall. He stated that in 2008, an inspector stopped by his property without notice and said he should not be storing tools and equipment outside and that his property should be cleaned up for the benefit of the City. He referred to an engineering book and discussed a section on “fixed base gable frames.” Perich explained that the Board isn’t discussing the definition of what a gable frame is, or the engineering of the shed, their job is to consider the 2 foot height variance in question. Silva stated that no one understands what he is talking about structurally. He said he can fix the walls of the shed and make them 10 feet tall but he has never been able to explain to anyone what he is talking about structurally and that the pictures the Board has been shown make no sense and are not right. He added that the 12 foot tall wall will be much weaker if it is shorter and asked who he should speak to about the structural issues. He referred to photos of the shed and explained how he wants to put in a double top plate 10 feet up on the 12 foot wall which will make the walls 10 feet in height. Johnson asked the applicant if the rafters are attached to a plate that is 10 feet from the floor. He referred to the height definition and noted that it defines the allowed height as 10 feet from the floor to the top plate to which the rafters are fastened. Silva discussed gables and the fasteners he used and said he built the shed to be as strong as possible with balloon walls. Minutes of the Golden Valley Board of Zoning Appeals January 24, 2017 Page 3 Perich asked the applicant why he can’t build the shed how the City is requesting him to build it. Silva said he built the shed the way he did because he knows it is the best way and the strongest way to build it. He said he makes his living with a final product and by experience he knows this is the best way to build it. Perich asked the applicant if he lives at this property. Mr. Silva said yes. Perich opened the public hearing. Roger Mcconico, 1325 Winnetka Avenue North, said the applicant does not live at the subject property. He said his main objection is that the applicant is running a business out of his house and has an 18 or 20 foot long dumpster on his driveway. He noted that there are at least three other people in the area that have similar businesses as the applicant, but he never sees their equipment or vehicles stored on their properties. He said he thinks more stuff will just be brought to this property and he’s concerned about their property values going down because of it. Seeing and hearing no one else wishing to comment, Perich closed the public hearing. Johnson asked for clarification because it almost seems like the height definition allows a wall greater than 10 tall as long as the rafter is attached at the 10 foot level. Zimmerman said he has talked with the Building Official about a wall being capped at 10 feet but then allowing an additional 2 feet above that. He explained that that has not been staff’s interpretation or the intent of the definition for height. He added that the roof can be taller than 10 feet, but the walls are limited to 10 feet in height. Kluchka noted that the Planning Commission has had many discussions about the issue of height. He said he doesn’t think this case is an issue of technicalities, it is an issue of visibility, aesthetics, and the building envelope. He noted that the shed could be modified so that one wall is 10 feet tall and the other walls are 8 feet tall. Zimmerman noted that the applicant has stated that his building permit application said the shed would be built 12 feet tall so he should be allowed to build it 12 feet tall, but it was noted on the building permit and in the plan review that the height of the shed needed to be modified to be 10 feet tall. Maxwell asked if the applicant was told in the beginning that he could apply for a variance. Zimmerman said when he was first made aware of the issue he talked to the applicant and the applicant said it would be no problem to change his plans and make the shed conform to the Zoning Code requirements. Johnson asked if the shed was built how is was shown on the building permit application. Zimmerman said he thinks they are similar. Kluchka said he doesn’t think the drawing is what was ultimately built. Perich referred to the criteria the Board uses when considering variances. He said he thinks having a shed is reasonable, but he is struggling to find any unique circumstances not caused by the landowner. He said he also thinks the shed alters the character of the locality because it sticks up above the garage. Minutes of the Golden Valley Board of Zoning Appeals January 24, 2017 Page 4 Johnson said there could be a loophole in the way the definition of height is worded, but the City has been consistent with its interpretation so he is not inclined to approve the requested variance. Kluchka agreed. Maxwell stated that one of the criteria the Board considers it that the need for a variance isn’t caused by the landowner and that is a problem when someone builds something first and then asks for a variance after the fact, so he can’t support his variance request. MOVED by Maxwell, seconded by Johnson and motion carried unanimously to deny the requested variance. Perich informed the applicant that he can appeal the Board’s decision to the City Council. 1315 Angelo Drive Jim Klem Construction Inc, Applicant Request: Waiver from Section 11.21, Single Family Zoning District, Subd. 11 (B) Height Limitations •5.5 ft. over the 25 ft. of height allowed for a total height of 30.5 ft. Purpose:To allow for the recently constructed rooftop access to remain 30.5 ft. tall. Goellner reminded the Board that they’ve seen variance requests for this property twice in the past. The first variance granted in June was for 3.5 feet over the maximum allowed height of 25 feet. The second variance was granted in August for the same height, but a larger rooftop access room. She referred to the site plans and explained that the house is currently under construction and that the contractor made adjustments to the roof plans and the parapet wall after the variances were approved so the applicant is now seeking a variance to allow the recently constructed rooftop access to remain 30.5 feet tall. Goellner noted that the applicant’s stated unique circumstances include that a change to the architectural plans was necessary for structural support, proper water runoff from the roof, and the fact that the rooftop access room is not easily visible from Angelo Drive because it is set back 24 feet from the front property line, in the center of the home. Goellner stated that staff is recommending approval of this variance request because there are conflicting regulations in the Zoning Code regarding height and building envelope requirements. The rooftop access room fits within the building envelope, but does not meet the height requirements. She stated that in this case the need for a variance is not the fault of the landowner, the unique circumstance is the conflict in the Zoning Code. She added that the rooftop access room does not alter the essential character of its locality, the visual impact is minimized by the location of the rooftop Minutes of the Golden Valley Board of Zoning Appeals January 24, 2017 Page 5 access room in the center of the property and it constitutes a reasonable use of the property. Johnson stated that the Planning Commission has heard many resident concerns about new construction/subdivisions that have contributed to flooding problems and asked if the City has any liability if the Board grants this variance for an architectural issue that they’ve identified as a problem. Zimmerman clarified that in this case the issue is with water running off of the roof, not off of the site. Johnson asked if the City agrees that this change in the slope of the roof will fix the problem. Zimmerman stated that the Inspections Department is comfortable with the sloped roof. Jim Klem, Jim Klem Construction Inc, Representing the Applicant, said he constructed the rooftop access room with a sloped roof rather than the flat roof shown by the architect in order to get proper water runoff. He said he tried to minimize the slope to respect the design and the City’s height regulations and that he didn’t realize he would need a variance. Orenstein noted that this is the third variance request for this property and asked that applicant if they are plans for any more. Klem said no. Perich opened the public hearing. Cathie Corcoran, 1330 Angelo Drive, said this will be a beautiful house and the rooftop access room sits back from the front of the property so it won’t be an issue. She stated that the variance requests for this property have been for misunderstandings with the code itself so there should be some leeway in this case. She said she approves of this request and considers it an asset. Kluchka said he is glad to see this house being built. He stated that this hasn’t changed the building envelope topic, but it changes the height numbers allowed in the Zoning Code. He added that this proposal follows the intent of the original variance request so he is supportive of this proposal. Perich agreed and said the request is reasonable, it is not directly caused by the land owner, and it is not changing the character of its locality. He added that if the house had a pitched roof it could be taller than what is proposed without the need for variances so he is supportive of the variance requested. Orenstein agreed. Maxwell said he is disappointed that another variance has been requested for this property after the structure has already been built but he is persuaded that there is a conflict in the in the Code regarding height. Johnson agreed. MOVED by Perich, seconded by Johnson and motion carried unanimously to approve the variance request for 5.5 ft. over the 25 ft. of height allowed for a total height of 30.5 ft. to allow for the recently constructed rooftop access to remain 30.5 ft. tall. Minutes of the Golden Valley Board of Zoning Appeals January 24, 2017 Page 6 III. Other Business Discussion of 2016 Board of Zoning Appeals Annual Report Goellner referred to the 2016 BZA Annual Report which summarizes the variances requested in 2016 as well as variances over the past five years. She discussed some of the highlights in the report which include: the total number of variances, variance requests by type and area, and BZA decisions (approved, denied, or tabled requests). Perich said he would like to know how many variance requests were modified by the Board before they were approved. Goellner said she could add that information to the report. She added that in the spring, the Chair will have an opportunity to present the report to the City Council. Orenstein asked if there will be a chance to talk to the City Council about the criteria the Board uses when considering variances. Goellner said yes, but added that the City is bound by the requirements in state statute. IV. Adjournment The meeting was adjourned at 8:10 pm. _______________________________________________________ David Perich, Chair Lisa Wittman, Administrative Assistant POLICE CIVIL SERVICE COMMISSION 7800 Golden Valley Road – Golden Valley, MN 55427 MEETING Monday, November 21, 2016 – 12:00 PM Public Safety Building Conference Room MINUTES Call to Order Attendance/Roll Call The meeting was called to order by Chair Kumagai at 12:04 PM. Present at the meeting were Commissioners Gloria Kumagai, Ralph Schulz and Andrew Wold; Police Chief Jason Sturgis, Commander Steve Johnson and Administrative Assistant Amanda Johnson. Approval of Minutes of June 30, 2016 Commissioner Schulz moved to approve the meeting minutes from June 30, 2016; seconded by Commissioner Wold. The June 30, 2016 minutes were approved by consensus. Approval of Police Officer Eligibility Register Chief Sturgis advised 134 applications were received for the police officer position. Approximately 100 candidates were invited to participate in the written test. Approximately 60 candidates were then invited to take the PT test and 40 of those were invited to the first round of interviews. Final interviews were conducted with 17 candidates. Of those 17 candidates, 8 were selected to be placed onto the police officer eligibility register, which was presented to commissioners for approval. Chief Sturgis advised one candidate from the last eligibility register is currently in the field training program and another candidate was unable to complete the field training program, but accepted a community service officer position with the City of Golden Valley instead. There are currently two open police officer positions. Commissioner Schulz inquired whether the recent reports of police officers being killed nationwide have affected officers in regards to their decisions to retire earlier than they intended. Commander Johnson said it likely is a consideration nearing retirement, but it certainly is affecting the number of applications that are initially received. Golden Valley routinely received 300 applications for open police officer positions, and in recent processes only about 150 applications have been received. Chair Kumagai inquired about the demographic information of the candidates. Chief Sturgis advised demographic information is not requested on the application, but from participating in the hiring process phases he is aware there were many female candidates and candidates of color. The eligibility register presented to commissioners includes two females and one candidate of color. Chief Sturgis also advised several candidates on the register have law enforcement or similar experience. Commissioner Wold stated that adding minorities and women to the police force only serves to strengthen it, and inquired whether the hiring process and scoring affords opportunity for those candidates to advance. Chief Sturgis advised the interview panels are carefully constructed to ensure they include officers of differing ranks and genders, and also officers who are involved in training new officers to ensure the panel is diverse. Chief Sturgis advised the interview scoring is subjective, but panel members have usually been part of each step in the hiring process and have been able to familiarize themselves with the candidates based on their observations and informal conversations along the way. Police Civil Service Commission Meeting Minutes November 21, 2016 – Page 2 Commissioner Wold inquired how police administration strives to avoid implicit bias when selecting candidates to advance in the hiring process. Chief Sturgis advised candidates who would have not been considered five years ago (due to varying concerns over life skills, drug/alcohol use, etc) are now being considered and sent for psychological testing so a professional can weigh-in on the likelihood of success in the police officer role. Chief Sturgis advised finding diverse candidates is a priority for administration. Commissioner Wold inquired whether the register scores for the candidates are intentionally listed one point apart and Chief Sturgis advised the scores reflect the outcome after the final interview and are not an accumulation of points the candidate has earned throughout the process. Commissioner Wold moved to approve the police officer eligibility register; seconded by Commissioner Schulz. The police officer eligibility register was approved by consensus. Other Business Chief Sturgis advised the department is participating in Toys for Tots again this year. Staff will also be participating in the Shop with a Cop program, where officers and staff solicit donations from friends and family to sponsor a shopping trip for students from Noble Elementary School who may not receive presents this holiday season. Staff members pre-buy gifts for the children and then take them shopping at Target to purchase gifts for their family members. The event wraps up at the police department where the kids are treated to a pizza party and are able to help wrap the gifts to take home to their families. Closing Comments There were no closing comments. Adjournment Commissioner Schulz moved to adjourn the meeting; seconded by Commissioner Wold. The meeting was adjourned at 12:47 PM. Respectfully submitted, Andrew Wold, Secretary GOLDEN VALLEY ENVIRONMENTAL COMMISSION Regular Meeting, Minutes December 19, 2016 Commissioners Present: Lynn Gitelis, Dawn Hill, Tonia Galonska, Tracy Anderson, Jim Stremel, and Larry Johnson Staff Present: Eric Eckman, Public Works Specialist and Hannah Garry, GreenCorps Member Absent: Council Member Larry Fonnest Call to Order Lynn Gitelis called the meeting to order at 6:30 pm. Approval of Regular Meeting Minutes November 26, 2016. NO MOTION. NOT APPROVED. Corrections will be made and the revised minutes will be presented at the next scheduled meeting on January 23, 2017. Resilience and Sustainability Plan Update Eckman reviewed with the Commission the outline for the existing conditions assessment which will detail the community’s risk and vulnerability to a variety of acute and chronic stressors. The results of the assessment will be brought before the Commission in early 2017. Best Practice 29 Climate Adaption and Community Resilience Action 5, 2 Star Rating – Assess City Owned Buildings and Sites for Vulnerabilities to extreme weather Garry provided the Commission with an overview of best practice 29, action 5 and the City’s proposed website entry that meets the 2-star rating. The Commission suggested minor revisions including removing the language regarding the municipal-owned power lines. MOVED by Hill SECONDED by Stremel and the motion carried unanimously to Approve Best Practice 29 Climate Adaption and Community Resilience Action 5, 2 Star Rating – Access City Owned Buildings and Sites for Vulnerabilities to Extreme Weather. GreenStep Cities Inventory – Best Practices 10, 16, 18 and 26 Garry provided the Commission with an overview of Best Practices 10, 16, 18, and 26. The Commission suggested minor revisions. Best Practice #10 to include wetland information describing banked and credit acreage and the calculation per resident of the forestry expenditures. Best Practice #16 to be more specific of industry tree and shrub planting practices. Best Practice #16 be more specific on the 10-20-30 forestry general rule of thumb description. Best Practice #18 to insert the 2016 population. MOVED by Hill SECONDED by Johnson and the motion carried unanimously to Approve GreenStep Cities Inventory – Best Practices 10, 16, 18 and 26. Minutes of the Environmental Commission December 19, 2016 Page 2 of 2 Program/Project Updates Staff reviewed with the Commission the Program/Project Updates for December, including an energy update on Solar, Lighting and Buildings. The Commission inquired as to an update on the Blue Line which is now in the engineering phase of the project. Commission Member Council Reports None at this time. Council Updates None at this time. Other Business The Commission requested staff to include all Environmental Commission minutes to the City Council monthly. The Commission discussed the 2017 meeting dates and did not make changes at this time. Adjourn MOVED by Johnson, SECONDED by Anderson and the motion carried to adjourn the meeting at 8:30 pm. __________________________ Sue Schwalbe Administrative Assistant GOLDEN VALLEY ENVIRONMENTAL COMMISSION Regular Meeting, Minutes January 23, 2017 Commissioners Present: Lynn Gitelis, Dawn Hill, Debra Yahle, Tonia Galonska, Tracy Anderson, Jim Stremel, Larry Johnson, and Council Member Larry Fonnest Staff Present: Eric Eckman, Public Works Specialist and Hannah Garry, GreenCorps Member Call to Order Lynn Gitelis called the meeting to order at 7:00 pm. Approval of Regular Meeting Minutes November 28, 2016. MOVED by Hill SECONDED BY Stremel and the motion carried unanimously to Approve the November 28, 2016 Minutes. Approval of Regular Meeting Minutes December 19, 2016. MOVED by Hill SECONDED BY Stremel and the motion carried unanimously to approve the AMENDED December 19, 2016 Minutes. Commissioner Debra Yahle was not present at meeting. Resilience and Sustainability Plan Update (Great Plains Institute Presentation) Great Plains Institute (GPI) presented a draft assessment to the Commission. Two representatives from GPI were present to share information, gather input, and answer questions. Discussion will be on existing City conditions. Included in the draft plan were the following: Vulnerability Assessment Summary: •Natural Infrastructure: Trees & Native Plants. It is recommended the City review the tree replacement policy as the tree replacement is well behind the tree planting policy. •Natural Infrastructure: Water Quality & Supply. The City receives water from Minneapolis which in turn receives its water from the Mississippi River; this is a strength for the City. •Built Infrastructure: Areas in Floodplain. A large area of Golden Valley flows into Bassett Creek and this should be a primary concern to the City. •Built Infrastructure: Sewers, Water, Roads, and Bridges. The first item of concern is the age of the built infrastructure. The City expects 100% of roads to be reconstructed to City standards by 2022 by means of the Pavement Management Program. Infrastructure maintenance will coincide with the reconstruction of roads. •Vulnerable Populations: Extreme Weather & Flooding •Vulnerable Populations: Extreme Heat & Air Quality •Vulnerable Populations: Vector-Borne Disease. Ticks and mosquitoes are a weakness; however Golden Valley has a low incidence of these diseases. The Commission questioned if the deer population is a part of this report and staff indicated the City has a program for deer population. •Economic Vulnerability: Community Wide. •Economic Vulnerability: Resident Level. The lack of access to a vehicle is a vulnerability issue. Minutes of the Environmental Commission January 23, 2017 Page 2 of 2 •Climate Mitigation: Electricity Consumption. The City has many renewable energy opportunities. Great Plans has dollars to aid the City in developing this data. Ground base solar will be included in the final report. •Climate Mitigation: Renewable Energy Opportunities Staff explained this presentation is a draft. The final draft presentation will have better graphic design and color schemes will be uniform. Also, staff will review color tones so that they are distinguishable for color blind residents. Staff will also review the size of text throughout the document. This presentation will be brought before the Commission again in March 2017 and will become a permanent chapter in the Comprehensive Plan under resilience and sustainability. Program/Project Updates Beginning January 23, 2017 the City will be conducting a resident survey. This information will be promoted via the City’s webpage, social media and newsletter. The key element in the survey is the City’s plan for community engagement strategy. This survey will be used to assist and determine the community’s resilience and sustainability related goals and will be incorporated in the final Resilience and Sustainability plan. Garry is working with City employees on an Energy Survey. Staff is in the process of analyzing data. This Energy Survey can be used by other communities and/or Cities as a model for changing behavior. Also, Staff reported the City wide pond assessment has been completed. Commission Member Council Reports None at this time. Council Updates Council Member Fonnest reported on the bike task force and legislative priorities. The City Council will be working on a number of goals for 2017 Other Business Commission requested staff to provide a Great Plains update at next meeting and Council to list City Council goals. Adjourn MOVED by Hill, SECONDED by Anderson and the motion carried to adjourn the meeting at 8:30 pm. _________________________________ Sue Schwalbe Administrative Assistant Golden Valley Human Services Fund (GVHSF) Meeting Minutes November 14, 2016 Present:Denise La Mere-Anderson,Aaron Black, Hilmer Erickson, Kathryn Frommer, Peder Hanson, Alan Ingber, Scott Charlesworth-Seiler Also present: Brian Erickson, Staff Liaison. Absent:Elissa Heilicher, Andrea Mac Arthur, Sarah Meyerring and Toots Vodovoz Call to Order: La Mere-Anderson called the meeting to order at 6:45 pm. Agenda Changes or Additions:No changes or additions to the agenda. October 12 Minutes:Charlesworth-Seiler moved and Black seconded the motion to approve the minutes from October 10.The motion passed unanimously. Applications for Funding:Members discussed the applications and reviewed the agency presentations. After discussion the following decision was made: Allocations for 2017: Agency Request Recommended allocation Canvas Health/Crisis Connection $2,200 $2,000 Crisis Nursery $2,500 $2,500 Dinner At Your Door $8,000 $8,000 PRISM $12,000 $11,000 Senior Services HOME $5,000 $5,000 Senior Services Outreach $3,000 $3,000 Sojourner Project $7,000 $7,000 The Bridge for Youth $5,000 $5,000 TreeHouse $5,000 $2,050 YMCA – New Hope $5,000 $5,000 HUG $5,000 $5,000 ResourceWest $5,000 $4,450 TOTAL $64,700 $60,000 Agencies will be directed to use the funds for program costs for Golden Valley residents, when possible. Motion passed unanimously. La Mere-Anderson invited members to attend the December 6 council meeting when she will present the annual report and ask for approval of the recommendations. Other Business: Solicitation Letter:Erickson passed out the proposed letter to the members and asked for any feedback. The goal is to have the letter in the mail by early December. There was some discussion about the possibility of having an online option for people to donate. 2017 meeting dates:The 2017 meeting dates were distributed. Due to the Ice Cream Social on Monday, July 11, the July Meeting has been moved to Tuesday, July 12. Run the Valley: T-Shirt selection:Erickson will work with the city’s graphic designer to submit a couple design options at the next meeting. Golden Valley Community Foundation:Erickson asked for feedback about the possibility of moving the current run or doing a different run during the Golden Valley Music and Arts Festival. After some discussion, it was decided that it would not be a good fit and not interested in pursuing the idea. La Mere-Anderson announced the next meeting will be held on Monday, January 9 at 6:45 pm. Adjournment:Charlesworth-Seiler moved to adjourn the meeting, Black seconded the motion. The meeting was adjourned at 7:33 pm. Respectfully submitted, Denise La Mere-Anderson, GVHSF Chair Brian Erickson, Staff Liaison Golden Valley Human Services Fund (GVHSF) Meeting Minutes January 9, 2017 Present:Denise La Mere-Anderson,Aaron Black, Kathryn Frommer, Peder Hanson, Elissa Heilicher, Alan Ingber, Andrea Mac Arthur and Scott Charlesworth-Seiler. Also present: Brian Erickson, Staff Liaison. Excused Absence:Hilmer Erickson, Sarah Meyerring and Toots Vodovoz Call to Order: La Mere-Anderson called the meeting to order at 6:47 pm. Agenda Changes or Additions:No changes or additions to the agenda. November 9 Minutes:Ingber moved and Heilicher seconded the motion to approve the minutes from November 14.The motion passed unanimously. Run the Valley – April 29, 2017 T-Shirt:Logo designs were presented and a logo was selected for Run The Valley 2017, with a modification. A recommended shirt color was chosen. Solicitation for Funding: Members volunteered to contact businesses regarding supporting the event. Letters were mailed to local businesses, asking them to be a sponsor, and members will follow-up. Volunteers:A sign-up sheet was distributed to GVHSF members and people put their names down for shifts and positions. Marketing/Publicity:Erickson reported that registration is open for Run The Valley on the City of Golden Valley website. He is also working with communications with promotional materials. Calendar Review:The 2017 meeting dates and events were distributed and approved for 2017. Other Business: Council meeting:La Mere-Anderson reviewed the December 6 th Council meeting. The Council approved the allocation recommendations and thanked the GVHSF for their hard work throughout the year. Member resignation: Erickson stated that Peggy Watkins has resigned from GVHSF. Solicitation letter: Erickson stated that $7,520.00 has been received as of December 30, 2016. Member Roster: The updated roster was distributed. La Mere-Anderson announced the next meeting will be held on Monday, February 13 at 6:45 pm. Adjournment:Frommer moved to adjourn the meeting, Ingber seconded the motion. The meeting was adjourned at 7:25 pm. Respectfully submitted, Denise La-Mere Anderson, GVHSF Chair Brian Erickson, Staff Liaison city 0 olden E ORA N valleyPhysical Development Department 7,63-593-8095 f 763r5934�1 09 ffaxl Executive Summary For Action Golden Valley City Council Meeting March 7, 2017 Agenda Item 3. E. 1. Purchase Truck Mounted Tack Sprayer Prepared By Bert Tracy, Public Works Maintenance Manager Tim Kieffer, Street Maintenance Supervisor Summary The 2017-2021 Capital Improvement Program includes $60,000 for one truck -mounted tack sprayer (V&E-126, page 39). Unit number 775 distributor/tack sprayer is a 2007 tack sprayer. The tack sprayer is utilized to apply tack oil to the road surface before the final lift is paved. Using tack oil increases the overall strength of the road by binding the base and wear courses together. The increased productivity of in-house mill and overlays has made the existing tack sprayer obsolete. A bigger tank and spray bar is required for staff to maximize paving efficiency. The Minnesota Materials Management Division has awarded the following contracts: Contract No. Item Vendor Amount 116255 Stepp STRD-150-600D Oil Distributor/Tack Sprayer Stepp Manufacturing Co. $62,671 Total Purchase $62,671 Trade in 2007 Bomag Tack Trailer $ 1,500 REMITTANCE TO VENDOR $61,171 The purchase of this Truck Mounted Tack Sprayer is over budget by $1,171. The difference will be paid from the Vehicles and Equipment CIP for the Streets Department where savings on other purchases will offset this overage. Recommended Action Motion to approve the purchase of a STRD-150-600D Oil Distributor/Tack Sprayer for the total purchase price of $61,171. Executive Summary For Action Golden Valley City Council Meeting March 7, 2017 Agenda Item 3. E. 2. Purchase Asphalt Hot Box Prepared By Bert Tracy, Public Works Maintenance Manager Tim Kieffer, Street Maintenance Supervisor Summary The 2017-2021 Capital Improvement Program includes $45,000 for one truck-mounted asphalt hot box (V&E-099, page 34). Unit number 786 asphalt hot box is a 2009 hot box. The asphalt hot box is required to keep asphalt hot enough to be used for pothole patching. The Minnesota Materials Management Division has awarded the following contract: Contract No. Item Vendor Amount 116255 Stepp SSPH-H-2.0 Hook Mounted Hot Box Stepp Manufacturing Co.$30,737 Total Purchase $30,737 Trade in 2009 Stepp 4.0 Hot Box $ 5,500 REMITTANCE TO VENDOR $25,237 Recommended Action Motion to approve the purchase of a SSPH-H-2.0 Hook Mounted Asphalt Hot Box from Stepp Manufacturing Co., Inc. for a total purchase price of $25,237. Executive Summary For Action Golden Valley City Council Meeting March 7, 2017 Agenda Item 4. A. Public Hearing for Trunk Highway 55 West Public Improvement Project No. 15-22 Prepared By Jeff Oliver, PE, City Engineer Summary In April 2015, a Tax Increment Financing Renewal and Renovating District was established as part of the Development Agreement with Golden Villas to fund infrastructure improvements in the area to enhance the attractiveness and safety for businesses and residents. A portion of the tax increment generated will be used for public improvements including the reconstruction of the Highway 55 intersection with Decatur Avenue North and Golden Valley Road, the installation of sidewalk along both sides along both sides of the project corridor, and pedestrian street lighting. At the January 5, 2016, Council meeting, the City Council directed staff to prepare a feasibility report for the Highway 55 West Public Improvement Project. The proposed project includes improving corridor safety by installing sidewalks and reconfiguring the intersection of Decatur Avenue North, Golden Valley Road, and Trunk Highway 55. The streets included in the project are shown on the attached project location map. The feasibility report for these projects has been prepared by the consulting engineering firm of Short Elliott Hendrickson, Inc. and will be presented at the public hearing. The feasibility report outlines a project that includes installing sidewalk along both sides of the project corridor and pedestrian facility upgrades. The project also includes reconstructing the right-in/right-out intersection at Decatur Avenue North, Golden Valley Road, and Trunk Highway 55 to create a T- style intersection improving safety and traffic flow. The estimated total project costs are as follows: Street = $1,651,874.68 Storm = $ 36,750.00 Water = $ 34,500.38 Sanitary = $ 105,000.00 Total = $ 1,828,125.06 Included in the street project cost total are all costs associated with sidewalk installation as well as overhead utility burial. The project will be financed by selling Chapter 429 Bonds and recovered through special assessments and tax increment financing. The summary below shows the breakdown of special assessments and tax increment financing: Special Assessments = $ 551,687.90 Tax Increment Financing = $ 1,276,437.16 Project Total = $ 1,828,125.06 The special assessments for the proposed project are based on the Special Assessment Policy and fee resolution with rates of $81.71 per foot of street frontage for multi-family residential properties and $99.21 per foot for all other zonings. Following authorization of the Highway 55 West Public Improvement Project, the anticipated project schedule is as follows: Advertise Project June 2017 Open Bids July 2017 Award Contract July 2017 Begin Construction August 2017 Project Completion Fall 2017 Attachments •Project Location Map (1 page) •Feasibility Report, TH 55 West Redevelopment, dated March 1, 2017 (22 pages) •Resolution Ordering Construction of Certain Proposed Public Improvements and Authorizing Advertisement for Bids for City Project 15-22, Highway 55 West Public Improvement Project (1 page) Recommended Action Motion to adopt Resolution Ordering Construction of Certain Proposed Public Improvements and Authorizing Advertisement for Bids for City Project 15-22, Highway 55 West Public Improvement Project. N 1 0 250 500 scale feet 10TH AVE N rn z r > z _ ¢ w z U) z > w w Q co w Q z ❑ w O z ❑ m w 3 s a 0 m TN 55 0 0 E LEGEND PROJECT LOCATION E d CITY PROJ. N 0. LOCATION MAP PHONE:55ADN'A S CENTER DR. 15-22 TFi 55 WEST REDEVELOPME EXHIBIT = SEH ST. MN 55110-5196 DATE: GOLDEN VALLEY, MINNESOTA NO. 1 www.sehinc.com 11/29/16 City0 rw ,prol n I%e Feasibility Report TH 55 West Public Improvements City of Golden Valley, Minnesota City Project No. 15-22 SEH No. GOLDV 136756 4.00 March 1 , 2017 1 A" SEH Building a Better World for All of Us* Engineers I Architects I Planners I Scientists TH 55 West Public Improvements Feasibility Report City of Golden Valley, Minnesota City Project No. 15-22 SEH No. GOLDV 136756 March 1, 2017 1 hereby certify that this report was prepared by me or under my direct supervision, and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota. T/nothi Jti eg rth, E Project Eee Date: March 1, 2017 Lic. No.: 53106 Reviewed By: Date: March 1, 2017 u n M. Mason, PE Short Elliott Hendrickson Inc. 3535 Vadnais Center Drive St. Paul, MN 55110-5196 651.490.2000 l/ SEH Table of Contents Certification Page Table of Contents Page 1.0 Introduction.............................................................................................................1 1.1 Project Legal Description..................................................................................................1 2.0 Existing Conditions ................................................................................................1 2.1 Public Utilities...................................................................................................................1 2.2 Private Utilities..................................................................................................................2 2.3 Streets..............................................................................................................................2 2.4 Pedestrian Facilities.........................................................................................................3 2.5 Street Lighting ..................................................................................................................3 3.0 Proposed Improvements........................................................................................3 3.1 Public Participation...........................................................................................................3 3.2 Right of Way.....................................................................................................................3 3.3 Public Utilities...................................................................................................................3 3.3.1 Sanitary Sewer and Water Main..........................................................................3 3.3.2 Storm Sewer and Storm Water Management.....................................................4 3.4 Private Utilities..................................................................................................................4 3.5 Pedestrian Facilities.........................................................................................................4 3.6 Intersection Improvements...............................................................................................4 3.7 Tree and Landscape Impacts...........................................................................................5 3.8 Lighting.............................................................................................................................5 3.9 Traffic Signal Improvements.............................................................................................5 4.0 Estimated Costs and Project Financing................................................................5 4.1 Estimated Project Costs...................................................................................................5 4.2 Proposed Project Financing.............................................................................................5 4.2.1 TIF Funding.........................................................................................................6 4.2.2 Special Assessments..........................................................................................6 4.3 Financing Summary..........................................................................................................6 5.0 Summary and Recommendations..........................................................................6 5.1 Pedestrian Facility Improvements....................................................................................6 5.2 Intersection Improvements...............................................................................................6 5.3 Traffic Signal Improvements.............................................................................................7 5.4 Private Utilities Relocation................................................................................................7 6.0 Recommendations..................................................................................................7 SEH is a registered trademark of Short Elliott Hendrickson Inc. Feasibility Report GOLDV 136756 Page Table of Contents (Continued) List of Exhibits Exhibit 1 —Location Map Exhibit 2A—Proposed Project Layouts Exhibit 2B—Proposed Project Layouts Exhibit 2C—Proposed Project Layouts List of Appendices Appendix A Summary of Property Owner Meetings Appendix B Preliminary Assessment Roll GOLDV 136756 Feasibility Report Page ii March 2017 Feasibility Report TH 55 West Public Improvements Prepared for the City of Golden Valley 1.0 Introduction Several of the existing properties along Golden Valley Road are in different stages of redevelopment. These properties include construction of the new Hello Apartment building, Cornerstone Creek housing facility, and Schuett Companies senior living facility. The City of Golden Valley has a Tax Increment Financing (TIF) District for this redevelopment and is proposing to make additional improvements along the corridor to improve safety and accessibility. The proposed improvements include the addition of sidewalk, street lighting, burial of the existing overhead power lines, and the reconfiguration of the Golden Valley Road/Decatur Avenue intersection as well as the right-in/right-out intersection of Golden Valley Road at TH 55. On January 6, 2016, the City Council authorized preparation of this feasibility report for the improvements described above. The feasibility report improvement area is illustrated on Exhibit 1: Project Location Map. This feasibility report will discuss the area proposed for new sidewalk and lighting, the existing and proposed location of private utilities, including the proposed undergrounding of the overhead power lines. In addition, this report will discuss the right in, right out access proposed at TH 55 and Decatur Avenue North and Golden Valley Road. Along with design discussion and figures, estimated project costs and the proposed financing will also be presented. 1.1 Project Legal Description All properties in the SW '/of Section 30, Township 118, and Range 21; within the City of Golden Valley, Hennepin County, Minnesota, that are adjacent to the following streets: • Golden Valley Road from Mendelssohn Avenue North to TH 55 • Decatur Avenue North from Golden Valley Road to 7th Avenue North • 7th Avenue North from Decatur Avenue North to Boone Avenue North 2.0 Existing Conditions 2.1 Public Utilities The water main and storm sewer systems in the project area are not expected to be improved, except for minor hydrant relocation and storm sewer that will need reconstruction due to the reconfiguration of the access to Golden Valley Road at TH 55. The existing sanitary sewer system within the project area is comprised of local lateral sewers that were constructed in the late 1950's and 1960's. These lateral sanitary sewer mains are constructed with 12" reinforced concrete pipe as well as 9"vitrified clay pipe.A GOLDV 136756 Page 1 closed circuit television inspection was performed on all of the City's sanitary sewer mains within the project area as part of the preliminary project design.This inspection was intended to locate the extent and severity of the defects to the sanitary sewer system to determine if repairs are needed as part of this improvement project. 2.2 Private Utilities An investigation regarding the type, location and depth of private utilities in the area was conducted due to concern for potential impacts of the proposed sidewalk project. First, a Gopher State One Call request was submitted for field locations. The underground utility facilities were located by private companies in the project area and the information was gathered by an SEH field survey. Field potholing was also conducted in marked areas due to the amount of cut/fill proposed by the new sidewalk construction to determine depth of the private utilities. The results of the potholing revealed variable utility depths which may require relocation due to the sidewalk construction. A private utility meeting was held on May 26, 2016 to discuss each utilities facility, impact and approach in coordinating the public improvements and overhead power undergrounding. The following is a summary of information reported at the meeting: • Xcel: Xcel Energy currently has both overhead and underground utilities in the project area. Their overhead utilities are proposed to be undergrounded as part of the project. The underground utilities may be impacted depending on depth of excavation. They will have to leave an existing pole on east end of Golden Valley Road for existing overhead utilities crossing TH 55 to transition underground. • CenturyLink: CenturyLink does not have overhead utilities in the project area. They do have a substantial duct bank along Golden Valley Rd. with other carriers occupying space as well. They have other minor utilities running along Decatur Avenue and 7th Avenue(There may be room in existing duct bank for lease). • Comcast: Comcast cable TV currently has overhead utilities on Xcel poles that will need to be buried when poles are removed. They also have fiber running along 7th Avenue from Boone Avenue. They are reviewing the need to potentially add to their facilities depending on the design of the new development in area. • CenterPoint: CenterPoint gas has existing 8" steel gas main along Golden Valley Road & Decatur Avenue. They are not planning to replace main at this point. They will look into possible service replacements along project corridor and notify City/SEH. • General Mills: General Mills has utilities along Golden Valley Rd., Decatur Ave. and on west side of Boone Ave. Their utilities cross TH 55 in 3 locations in area of TH 55/Golden Valley Rd. intersection. All of their utilities are locatable. • Sprint/XO/Windstream: This utility is located in the boulevard of the project area and includes hand holes/pedestals. They will relocate utilities, hand holes& pedestals as required to minimize impacts with sidewalk. 2.3 Streets The streets within the project area are Municipal State Aid (MSA)streets that were originally constructed during the 1960's with Golden Valley Road being constructed in 1991. They have since been overlaid in 2005 with Golden Valley Road being overlaid in 2012. The current condition of the roadway pavement is fair to good with no proposed maintenance or rehabilitation at this time. GOLDV 136756 Feasibility Report Page 2 2.4 Pedestrian Facilities The pedestrian facilities that exist today are very limited. There is currently no sidewalk along Golden Valley Road or Decatur Avenue North. There is intermittent sidewalk on 7th Avenue North; in front of Culver's and TruStone Financial Federal Credit Union located at the corner of Boone Avenue and 7th Avenue North. 2.5 Street Lighting Currently, the only street lighting is at the signal system located at 7th Avenue North and Boone Avenue North. There is also a street light on a power pole located at the existing intersection of Golden Valley Road and TH 55. 3.0 Proposed Improvements This portion of the feasibility report will focus on the proposed design of the project. The estimated project costs and project financing will be discussed later in the report. The proposed improvements discussed in this portion of the feasibility report are shown on Exhibits 2A through 2C:Proposed Project Layouts. 3.1 Public Participation As part of the preliminary design process for the TH 55 West Public Improvement project, City staff held meetings with the individual property and business owners within the project area. These meetings provided the property and business owners with project information as well as a forum for the property owners to express concerns and ask questions regarding the proposed project. The property owners were able to view the preliminary project design, including the anticipated impacts to the boulevard and landscaping. A summary of each meeting is included in Appendix A: Summary of Property Owner Meetings. These summaries are an important tool for staff to identify issues that may need to be addressed as part of the final project design. 3.2 Right of Way The existing street right of way varies from 60 feet wide along 7th Avenue North, 66 feet wide along Golden Valley Road and 70 feet wide along Decatur Avenue North. Temporary easements or right of entry permission will be required in certain areas due to the grading required by the construction of the sidewalk.A MnDOT right of way permit will be required for the proposed grading and excavation inside of the TH 55 right of way. 3.3 Public Utilities 3.3.1 Sanitary Sewer and Water Main As discussed earlier in this report, a television inspection of the existing sanitary sewer system was performed during the preliminary design portion of this project. Based upon the results of this survey, it has been determined that approximately 15%of the sanitary sewer mains within the project are in need of repair. The nature of the defects consist of primarily cracked pipes, allowing clear water infiltration and mineral deposit build-up. These types of defects indicate that all of the sanitary mains can be rehabilitated by structural lining avoiding disturbance to the existing roadway pavement. Sanitary sewer lining will be effective in repairing the defects in most of the sewer mains, and will be effective in addressing the infiltration issues within the City's system. Feasibility Report GOLDV 136756 Page 3 The project will likely require minor hydrant relocations in a select areas of conflict with the new sidewalk. No additional water main work is anticipated at this time. 3.3.2 Storm Sewer and Storm Water Management New catch basins are proposed to be constructed at the reconfigured roadway access at Golden Valley Road and TH 55. The new catch basins will collect the surface runoff and discharge into the existing storm sewer system. All of the proposed storm sewer improvements for the project area are modifications, extensions, and/or replacements of the existing storm sewer system to fit the realignment of the Golden Valley Road, Decatur Avenue, and TH 55 intersection. The proposed storm drainage improvements are shown on Exhibits 2A through 2C:Proposed Project Layouts. The entire project area is part of the Bassett Creek Watershed, specifically the Bassett Creek Main Stem Sub Watershed. Therefore, the construction project will be designed in accordance with the Bassett Creek Water Management Commission(BCWMC) Requirements for Improvements and Development Proposals. This includes the implementation of storm water best management practices (BMP's), if feasible. The project must be submitted to and approved by the BCWMC. 3.4 Private Utilities The undergrounding of the overhead power in the area by Xcel Energy, will also require Comcast to relocate underground. These new underground facilities will generally be placed in the boulevard area or under the proposed sidewalk. Other private utility companies will require adjustments to their existing underground facilities due to the proposed sidewalk excavation and intersection realignment.This relocation work will be completed in the spring of 2017. The approximate cost for the undergrounding of Xcel's overhead utilities is $411,868.65 and will be funded by the Tax-Incremental Financing method described later in this report. 3.5 Pedestrian Facilities New pedestrian facilities are generally proposed for both sides of the street in the project area. Exhibits 2A through 2C: Proposed Project Layouts illustrate the sidewalk location. In most cases, a 6 foot sidewalk is proposed 1 foot off of the right of way line, creating a variable width boulevard of up to 10'wide. The remaining areas have an 8' sidewalk adjacent to the back of curb. Placing the sidewalk adjacent to the curb in these areas minimizes grading impacts and the need for multiple retaining walls. However, there will be a need for a retaining wall along the north side of 7th Avenue North in order to better match the existing boulevard grade as well as lessen the impacts to the existing trees. Pedestrian facilities will be designed in compliance with Americans with Disability Act(ADA)requirements including appropriate pedestrian ramps and grades. There will be minor curb and pavement replacement to accommodate installation of the pedestrian ramps. 3.6 Intersection Improvements The intersections of Golden Valley Road/Decatur Avenue North and Decatur Avenue North/TH 55 are proposed to be realigned and reconstructed with this project to improve pedestrian safety and improve access to TH 55. Included with this intersection realignment is the relocation of the Golden Valley Tire's driveway due to the existing driveway's proximity to GOLDV 136756 Feasibility Report Page 4 the proposed intersection. The recommended changes have been reviewed and approved by MnDOT and are illustrated on Exhibit 2A through 2C:Proposed Project Layouts. 3.7 Tree and Landscape Impacts An important design consideration for the project was to minimize impacts to trees and other landscaping. However, some minor impacts still exist to shrubs and landscaping. The City's Engineering staff has reviewed the proposed project to determine the extent of the construction impact and direct impacts to trees and other landscaping. There are no proposed impacts to existing trees due to the implementation of the retaining wall on 71h Avenue North. 3.8 Lighting New street lighting is proposed to be installed throughout the project area. Preliminary lighting options were reviewed with City staff and a performance based system was decided up providing the City with an affordable and efficient system. This performance based system incorporates the use of 35 foot tall light poles with a 6 foot arm. The proposed light fixture is an LED cobra-style luminaire which will provide more than adequate light throughout the project area while also being energy efficient. The poles are proposed to be staggered at approximately 205 foot intervals on alternating sides of the roadway. 3.9 Traffic Signal Improvements The in-place traffic signal located at TH 55 and Boone Avenue North/General Mills Boulevard is proposed to be revised as part of this project. Improvements include converting the signal operations for the Boone Avenue North and General Mills Boulevard approaches from protected left turns only to include"time-of-day"flashing yellow arrows. During non-peak traffic periods, left turning traffic will have the opportunity to turn left on a green arrow and a flashing left arrow, after yielding to oncoming traffic. The improvements also include a northbound right turn overlap signal phase which adds a green right arrow for right turning vehicles during the westbound TH 55 left vehicle movement. 4.0 Estimated Costs and Project Financing 4.1 Estimated Project Costs The estimated costs for the improvements outlined in this report are separated by the category of work and funding sources. These categories include utility work, storm drainage improvements, lighting, underground power and sidewalk construction costs. The estimated project costs include construction costs, construction contingencies of 5%, and an estimated 25%of the construction costs as indirect costs. The indirect costs typically include project design, surveying, construction administration, and legal costs. 4.2 Proposed Project Financing The proposed financing of this project is a 10 year General Obligation (G.O.) Improvement Bond. This GO Improvement Bond is proposed to be paid back using a combination of TIF funding and special assessments to benefitted properties abutting the streets being improved. The following is a brief description for each of these funding sources and a summary of the estimated amount to be funded from each source. Feasibility Report GOLDV 136756 Page 5 4.2.1 TIF Funding A Tax-Incremental Financing (TIF) District has been established for the redevelopment of this area. This financing method will be put toward the GO Improvement Bond and cover all remaining costs after the special assessments have been applied. 4.2.2 Special Assessments The proposed special assessments for the TH 55 West Public Improvement project is consistent with the City of Golden Valley Special Assessment Policy and Minnesota Statutes, Chapter 429. As outlined in the Special Assessment Policy, commercial properties are assessed on the actual street frontage being improved. The state aid assessment rate is determined by the City Council in its annual Fee Resolution. The assessment rate for multi-family residential properties has been established at$81.71 per foot of street frontage and all other zonings will be assessed at a rate of$99.21 per foot of frontage. As shown on Appendix B:Preliminary Assessment Roll, the estimated amount of project costs to be financed through special assessments is$551,687.90. See Appendix B: Preliminary Assessment Roll, for a breakdown of the preliminary individual property assessment totals. 4.3 Financing Summary The total estimated project cost is$1,828,125.06. This is proposed to be funded using a 10 year General Obligation Improvement Bond and paid back using a combination of TIF funding and special assessments as discussed above. Included in this estimated project cost is the cost of undergrounding Xcel Energy's existing overhead utilities. 5.0 Summary and Recommendations This proposed TH 55 West Public Improvement Project feasibility report has been prepared in accordance with the Golden Valley City Council's authorization on January 6th, 2016. The proposed improvements are part of the City of Golden Valley's effort to improve safety and accessibility for a TIF District currently being redeveloped. This report discusses the proposed improvements to the project area illustrated on Exhibit 1: Project Location Map. This project is anticipated to be advertised for bids in April of 2017 with the project being awarded in June of 2017. Lastly, construction is to begin in July/August of 2017. A summary of the proposed improvements is as follows: 5.1 Pedestrian Facility Improvements The pedestrian facility improvements proposed as part of this project include the installation of sidewalk on both sides of the roadways. The proposed sidewalk within the project area has been designed according to the Americans with Disability Act(ADA) requirements including appropriate pedestrian ramps and grades. In addition, street lighting is proposed to be implemented in the project area to improve safety and functionality. 5.2 Intersection Improvements The intersections of Golden Valley Road/Decatur Avenue North and Golden Valley Road/TH 55 are proposed to be realigned as a part of this project. The proposed realignment of these intersections is intended to not only improve pedestrian safety, but improve safety of the access to and from TH 55. GOLDV 136756 Feasibility Report Page 6 5.3 Traffic Signal Improvements The signal system at TH 55 and Boone Avenue North/General Mills Boulevard is proposed to be revised as part of this project. The proposed revisions will improve operations at the intersection, primarily during non-peak traffic periods. 5.4 Private Utilities Relocation Existing private utilities are to be relocated in the project area in order to facilitate the installation of the proposed sidewalk. These relocations include the undergrounding of existing overhead Xcel Energy powerlines which are adjacent to Golden Valley Road. 6.0 Recommendations Short Elliott Hendrickson, Inc. and Public Works staff have determined that the improvements outlined in this report are feasible from an engineering perspective. These improvements will benefit the community and those properties abutting the proposed improvements.The cost- effectiveness for the proposed improvements should be determined by the City Council. Staff recommends approval of City Improvement Project No. 15-22, TH 55 West Public Improvements as discussed within this report. Staff further recommends that the City Council authorize advertising for bids to construct the project. Feasibility Report GOLDV 136756 Page 7 List of Exhibits Exhibit 1 — Location Map Exhibit 2A — Proposed Project Layouts Exhibit 2B — Proposed Project Layouts Exhibit 2C — Proposed Project Layouts N 0 250 500 scale Leet 10TH AVE rn z > z ¢ w z c/) z Q w w ¢ z o w O z o m w -7 vr7 3 a 0 n TN 55 3 i 0 0 I E I LEGEND �■ PROJECT LOCATION E a CITY PROJ. LOCATION MAP PHONE: 651.490.2000 N0. TH 55 WEST PUBLIC EXHIBIT 3535 VADNAIS CENTER DR. 15-22 SEHST. 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(� (0 (n N (n V lD .--I V m N m N n O N .--I I- V V1 O m Q Q F J Q .--I r-I V V V O c-I I, n r-1 O O -1 V O o o 0 I- N H O O O O O O O O O O O O O O O O O O O O O y > IY Z w a -i o 0 0 0 0 0 0 0 0 0 0 0 0 o o o 0 0 0 0 0 Q- Z W F m m m m m m m m m m m m m m m m m N m m m (n W W a Z Q J w W Z N N N N N N N N N N N N N N N N N N N N N N J J > J p p o0 00 0o m m o0 00 00 0o m m o0 00 00 00 0o ao m o0 00 00 Qa O Q Z ''"1 c-1 '-I e-i N N N �-( .--I r-I 'i N H .--I .-( N N •--1 .--I ''"1 ''"I r N m C ( > w O d N N H N .�-I c~-I .�-1 N H N N N N H N .~-1 .~-I .�-I N N Z Ow d Z E N m m m m m m m m m m m m m m m m m m m m m W D I- W O W = Fm- 0. 0. 0 0 0 of 2 0 Resolution 17-16 March 7, 2017 Member introduced the following resolution and moved its adoption: RESOLUTION ORDERING CONSTRUCTION OF CERTAIN PROPOSED PUBLIC IMPROVEMENTS AND AUTHORIZING ADVERTISEMENT FOR BIDS PROJECT NO. 15-22 HIGHWAY 55 WEST PUBLIC IMPROVEMENT PROJECT BE IT RESOLVED by the City Council of the City of Golden Valley, Minnesota, as follows: 1. That a public hearing held on this day at 6:30 pm, at the address of 7800 Golden Valley Road in the City of Golden Valley, Minnesota, after notice of said hearing duly published as required by law, this Council has consulted the view of all persons interested, and, being fully advised of the pertinent facts, does hereby determine to proceed with the construction of certain proposed public improvements for the said City, in accordance with the description of said improvements contained in said notice. 2. It is hereby found and determined that Public Improvements Project 15-22 is feasible and can best be constructed as set forth in said report and not in connection with some other improvements. (The Council reserves the right to consolidate said improvements with other public improvements if it seems advisable to do so.) It is further found that the improvements are effective and necessary. 3. The cost of said improvements shall be paid in part out of special assessment to be levied as set forth in said notice of public hearing and in part out of tax increment financing (TIF). 4. The City Engineer is hereby designated as engineer for the proposed public improvements, and is hereby authorized, ordered and instructed to prepare final plans and specifications for said improvements and obtain proposals for the same in accordance with said report except as modified at the Public Hearing. 5. That the City Clerk shall prepare an Advertisement for Bids for making such improvements. The advertisement shall be published as required by statute, shall specify work to be done and shall state the time and place that the bids shall be opened and considered by the City Engineer and City Clerk, and that no bids will be considered unless sealed and filed with the Clerk. _____________________________ Shepard M. Harris, Mayor ATTEST: _____________________________ Kristine A. Luedke, City Clerk The motion for the adoption of the foregoing resolution was seconded by Member and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted, signed by the Mayor and his signature attested by the City Clerk. Executive Summary For Action Golden Valley City Council Meeting March 7, 2016 Agenda Item 4. B. Public Hearing for Special Assessments for Trunk Highway 55 West Public Improvement Project Prepared By Sue Virnig, Finance Director Summary On February 7, 2017, City Council called for a public hearing for the Certification of Special Assessments that coincides with the Trunk Highway (TH) 55 West Project Area. These special assessments help finance a portion of the costs for the improvements in this area. Chapter 429 Bonds will be sold and paid back with assessments and tax increment created from the TH 55 West Tax Increment District. A legal notice was published February 16 and February 23. All property owners were mailed a hearing notice of the assessment, resolution that will be considered, sample payment schedule and commonly asked questions. Property owners will have until November 15, 2017, to make payment with no interest. After that date, the amount will be certified and paid with property taxes and will have a 5% interest rate. The Trunk Highway 55 West includes improvements such as new sidewalk and lighting, the existing and proposed location of private utilities, including the proposed undergrounding of the overhead power lines for: •Golden Valley Road from Mendelssohn Avenue North to TH 55 •Decatur Avenue North from Golden Valley Road to 7 th Avenue North •7th Avenue North from Decatur Avenue North to Boone Avenue North The following resolution needs to be approved for the certification of special assessments for the TH 55 West Project Area. Attachments •List of Property Owners Assessed (1 page) •Resolution Adopting and Confirming Assessments for Various Public Improvements in the 2017 Trunk Highway 55 West Project Area (2 pages) Recommended Action Motion to adopt Resolution Adopting and Confirming Assessments for Various Public Improvements for the Streets in the 2017 Trunk Highway 55 West Project Area. PID ADDRESS ASSESSMENT 3111821310016 605 BOONE AVE N 16,072.02 3111821310019 600 DECATUR AVE N 10,913.10 3111821310042 8900 GOLDEN VALLEY RD 67,065.96 3111821310045 9000 GOLDEN VALLEY RD 16,366.51 3111821310044 9050 GOLDEN VALLEY RD 14,568.89 3111821320006 9110 GOLDEN VALLEY RD 47,808.52 3111821320011 9300 OLSON MEMORIAL HWY 16,865.70 3111821320074 9280 GOLDEN VALLEY RD 20,571.31 3111821320073 9290 GOLDEN VALLEY RD 7,545.10 3111821320012 9325 GOLDEN VALLEY RD 13,512.40 3111821320003 9326 GOLDEN VALLEY RD 16,766.49 3111821320002 9400 GOLDEN VALLEY RD 58,573.58 3111821310017 8806 OLSON MEMORIAL HWY 14,881.50 3111821310040 8950 OLSON MEMORIAL HWY 40,735.63 3111821310002 9000 OLSON MEMORIAL HWY 11,409.15 3111821310001 9010 OLSON MEMORIAL HWY 11,409.15 3111821320007 9100 OLSON MEMORIAL HWY 7,936.80 3111821240004 8800 7TH AVE N 58,335.48 3111821320075 9201 GOLDEN VALLEY RD 39,157.88 3111821320008 9201 GOLDEN VALLEY RD lot split 3111821320009 9201 GOLDEN VALLEY RD lot split 3111821320010 NA ADDRESS UNASSIGNED 2 10,833.73 3111821310018 8845 7TH AVE N 50,359.00 551,687.90 CITY OF GOLDEN VALLEY 2017 Trunk Highway 55 West Redevelopment Project MARCH 7, 2017 Resolution 17-17 March 7, 2017 Member introduced the following resolution and moved its adoption: RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR VARIOUS PUBLIC IMPROVEMENTS FOR THE 2017 TRUNK HIGHWAY 55 WEST PROJECT AREA 1. The amount proper and necessary to be specially assessed at this time for various public improvements: Project Years Interest Rate First Year Levy Total Assessed 2017 Trunk Highway 55 West 10 5%2018 $551,687.90 against every assessable lot, piece, or parcel of land affected thereby has been duly calculated upon the basis of benefits, without regard to cash valuation, in accordance with the provisions of Minnesota Statutes, Chapter 429, and notice has been duly published, as required by law that this Council would meet to hear, consider and pass upon all objections, if any, and said proposed assessment has at all time since its filing been open for public inspection and an opportunity has been given to all interested persons to present their objections if any, to such proposed assessments. 2. This Council, having heard and considered all objections so presented, finds that each of the lots, pieces and parcels of land enumerated in the proposed assessment was and is specially benefited by the construction of said improvement in not less than the amount of the assessment set opposite the description of each such lot, piece and parcel of land respectively, and such amount so set out is hereby levied against each of the respective lots, pieces and parcels of land therein described. 3. The proposed assessments are hereby adopted and confirmed as the proper assessments for each of said lots, pieces and parcels of land respectively, and the assessment against each parcel, together with interest at the rate of five (5) percent per annum accruing on the full amount thereof unpaid, shall be a lien concurrent with general taxes upon parcel and all thereof. The total amount of each such assessment not prepaid shall be payable in equal annual principal installments extending over a period of years, as indicated in each case. The first of said installments, together with interest on the entire assessment for the period of January 1, 2018 through December 31, 2018, will be payable with general taxes for the year of 2017, collectible in 2018, and one of each of the remaining installments, together with one year’s interest on that and all other unpaid installments, will be paid with general taxes for each consecutive year thereafter until the entire assessment is paid. Resolution 17-17 -2- March 7, 2017 4. Prior to certification of the assessment to the County Auditor, the owner of any lot, piece or parcel of land assessed hereby may at any time pay the whole such assessment, with interest to the date of payment, to the City Treasurer, but no interest shall be charged if such payment is made by November 15, 2017. 5. The City Clerk shall, as soon as may be, prepare and transmit to the County Auditor a certified duplicate of the assessment roll, with each installment and interest on each unpaid assessment set forth separately, to be extended upon the proper tax lists of the County and the County Auditor shall thereafter collect said assessment in the manner provided by law. _____________________________ Shepard M. Harris, Mayor ATTEST: _____________________________ Kristine A. Luedke, City Clerk The motion for the adoption of the foregoing resolution was seconded by Member and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same whereupon said resolution was declared duly passed and adopted, signed by the Mayor and his signature attested by the City Clerk. Executive Summary For Action Golden Valley City Council Meeting March 7, 2017 30 day deadline: March 29, 2017 Agenda Item 6. A. Public Item - Appeal of Board of Zoning Appeals Decision - 1401 Winnetka Avenue North Prepared By Jason Zimmerman, Planning Manager Summary At the January 24, 2017, Board of Zoning Appeals (BZA) meeting, the property owner of 1401 Winnetka Avenue North was denied a variance to allow a constructed accessory structure to remain at a height that exceeds that permitted by the City’s Zoning Code. Mr. Silva is appealing this decision to the City Council. As is detailed in the staff memo to the BZA, Mr. Silva received a building permit for a shed in September of 2015. Communications with the Building Official and notes on the plans that were approved indicated that the shed height must be limited to 10 feet. In May of 2016, a neighbor informed the City that the shed - partially constructed - appeared to be exceeding this limit. Staff worked with the petitioner throughout 2016 to try and reduce the height of the shed and to bring it into compliance. Eventually, the property owner exhausted all Administrative Appeals to the citations that were issued and decided to bring the item to the BZA as part of a variance request. At the meeting to consider the variance, the petitioner was unable to offer evidence that his request met the standards to establish “practical difficulties” as outlined in State Statute. Therefore, the BZA denied the request. Under Minnesota Statute 462.357, Subd. 6, for a variance to be granted, the applicant must establish practical difficulties in complying with the City’s Zoning Code by showing that: (i) the property owner proposes to use the property in a reasonable manner not permitted by the zoning ordinance; (ii) the plight of the landowner is due to circumstances unique to the property not created by the landowner; and (iii) the variance, if granted, will not alter the essential character of the locality. Economic considerations alone do not constitute practical difficulties. Section 11.90, Subd. 4(B)(2), of the City Code applies this same standard for granting variances. Mr. Silva is now appealing this decision and introducing new testimony that the height of the shed is in some way related to the management of water flow around the existing garage to which it is attached. Staff asserts that this new information does not meet the standard necessary to establish practical difficulties and to overturn the decision of the BZA since a roof of similar pitch as the one constructed, but lower in height, could be utilized to direct water away from the garage wall while meeting the requirements of the Zoning Code. Issues of water flow are not limited to the subject property but are widespread as the topography of neighboring properties is similar. Therefore, there are no circumstances unique to the property that support the granting of a variance. Analysis The BZA, as part of its determination, made the following findings regarding the requested variance: 1.An accessory structure in this location does constitute a reasonable use of the property and is permitted under the zoning ordinance. 2.There are no circumstances unique to the property that require an accessory building (shed) to be constructed to a height greater than 10 feet. The decision to design the roofline of the shed in this manner was made by the petitioner and maintained over an extended period of time despite repeated efforts by the City to have it modified to a height of 10 feet prior to its completion. 3.A number of other homes in the area have accessory structures (detached garages or sheds) but none appear to exceed the maximum height of 10 feet. In addition, the rising grade in the rear yard of this property emphasizes the increased height. The requested variance would alter the essential character of the locality. 4.Other options, including an alternative roofline for the structure, are available to meet the petitioner’s needs and that do not require a variance. In addition, staff believes that: 5.Management of the flow of water behind and around the existing garage can be directed by the roofline of the accessory structure, but the wall height is not required to exceed 10 feet in order to accomplish this objective. Conclusion Staff agrees with the decision by the BZA to deny the requested variance, as the practical difficulties standard has not been met. Attachments •Location Map (1 page) •Petitioner’s Narrative and Photos (6 pages) •Timeline (2 pages) •BZA Minutes dated January 24, 2017 (4 pages) •Memo to the BZA, dated January 24, 2017 (3 pages) •Petitioner’s Variance Application (4 pages) •Supporting Materials (5 pages) Recommended Action Motion to affirm the decision of the Board of Zoning Appeals on January 24, 2017, denying the requested variance, based on the materials and information presented to the City Council, and to adopt the findings and analysis included in the staff report presented to the Board of Zoning Appeals, dated January 24, 2017. 1406 1 9 400 1406 1 1401 1434 140 1439 1400 1430 1 1425 134a 1420 1339 Subject Property 1348 1336 1413 1408 1333 1338 1330 1401 2 0 1400 78 1327 Q a 1332 1324 1325 • 6 Knoll SI 1321 7 1318 1319 821 7813 1320 1315 1320 1312 1313 1309 1306 1307 1300 8026 8008 8000 7900 7820 7812 1300 s`�' APPEAL FORM BOARD OF ZONING APPEALS DENIAL DATE: 1 4! 2' - J 7 TO: Golden Valley City Council FROM: Petitioner Name: Lois e -t�t� P(1:11*6 Address: 410 w 1 iv J6 T r—A- A-*N/F A Phone: _ Street address of property involved in this petition: 1401 Winnetka Avenue North ff you are not the owner of all of the property involved in this petition, give the name of the owner and describe the petitioner's interest (legal and otherwise) in this property: Waiver requested and denied was: Waiver from Section 11.29 Single Family Zonina District Subd. 12(B) Height Limitations 2 feet over the 10 feet of height allowed for a total height of 12 feet BZA Denial Appeal Page 2 Appellant's reasons for requesting Council's review and consideration of the BZA denial: 1Lf- s �) �- -� Attach a copy of the site plan and/or drawings that may clarify the requested variance. Februray 27Th,2017 To: Board of Zoning Appeals Denial From: Luis Hector Perez Silva One of the main problems at this property is the filtration of water through the back wall of the garage.See picture one (red lines). At this point I've lost thousand of dollars due to water damage on tools, equipment and materials. As matter of fact I already know that once the water problem is fixed I will have to basically Re-Build the back wall to repair rotten elements in it. This system roof is precisely to catch the most water possible (rain and snow) and with the proper backfilling and landscape drive it away from the garage.See picture two (blue lines). When it comes to structures the less joints (potential points of fracture) the stronger the element. The wall in question (12'height) is the one creating the inclination on the roof. This wall can be fixed by inserting top and double plates at the height requested by the city.See drawing attached. If such fix is requested by the city it will weaken the wall and it will create critical points of inflexion and uplift. On the hearing performed on February Th with the city council I was told that the decision to allow the waiver to modify this code wasn't about technical nor engineering terms. If more engineering support is required I'm more than welcome to provided it. But at this point I know for fact that this is the best way to go with this project. Thanks for your attention and I'm looking forward to hear from you. Luis Hector Perez Silva Owner El i571 \O U5.1 1 1 I h� i 1 i r 7 t Z LU tt L-L- .f t r `� -`rOl a � s 4, 1401 Winnetka Avenue North Chronology September 21, 2015 Building permit issued for new shed at the subject property. Building Official noted on plans wall height may not exceed 10 feet. Late May, 2016 Complaint from resident regarding the subject property; specifically, the partial construction of the shed. June 3 First notice issued to the property requiring correction of violations, including the height of the shed and its distance from the existing garage. June 22 Property owner stopped at City Hall to discuss violations and talked with the Planning Manager and the Building Official at the counter. Owner said the height and location of the shed would be corrected by August 1. Late July Property owner stopped at City Hall to ask for an extension through September 1. August 8 City issued a new letter giving a September 1 deadline for compliance. September 6 Inspector visited the site and the corrections had not been made. September 8 First citation of$100 was issued and a deadline of September 28 was set for compliance. September 29 Inspector visited the site and the corrections had not been made. October 3 Second citation of$250 was issued and a deadline of October 24 was set for compliance. October 25 Inspector visited the site and the corrections had not been made. Third citation of$500 was issued and a deadline of November 14 was set for compliance. November 10 Having gotten no response from the property owner, Planning Manager asked that a copy of the citation be left at the front door of the property. November 14 Property owner stopped at City Hall and filed an Administrative Appeal of the $500 citation. December 2 An Administrative Appeal Hearing was held; property owner did not attend. The Hearing Officer ruled in favor of the City. Work was completed on the construction of the shed that afternoon. December 5 Property owner stopped at City Hall and was told by Planning Manager and Building Official that his proposal to address the shed height did not satisfy the Zoning Code. Owner indicated he would ask for a variance. December 6 Inspector visited the site and the correction to the height of the shed had not been made. Fourth citation of$500 was issued and a deadline of December 27 was set for compliance. December 14 Property owner stopped at City hall and filed an Administrative Appeal of the second $500 citation. January 3, 2017 Property owner submitted an application for a variance from the maximum height requirement. January 5 An Administrative Appeal Hearing was held. The Hearing Officer ruled in favor of the City but stayed the $500 fine pending the outcome of the variance decision by the Board of Zoning Appeals on January 24. January 24 A hearing was held in front of the Board of Zoning Appeals and the variance was denied. February 27 Property owner submitted an application for an appeal of the decision of the Board of Zoning Appeals. March 7 Appeal hearing scheduled before the City Council. If the denial of the variance is not overturned, the $500 fine will be reinstated and the property owner will have 14 days to complete the necessary modifications to the shed. Minutes of a Regular Meeting of the Golden Valley Board of Zoning Appeals January 24, 2017 A regular meeting of the Golden V ley Board of Zoning Appeals was held on Tuesday, 24, 2017, at City Hall, 78 Golden Valley Road, Golden Valley, Minnesota. Chair Perich ca a meeting to order t 7 pm. Those present were ers Ma ell, Oren erich and Planning Commission Representatives Johnson a c ka. present were Planning Manager Jason Zimmerman, Associate Planner/ iter Emily Goellner and Administrative Assistant Lisa Wittman. Member Nels as bsen . I. Approv inutes— Dec ber 27, 2016, Re eeting MO y Maxwell, seconded by rich and motion carried 3 to 2 to approve the utes as submitted. Kluchka and renstein abstained. 11. The Petition(s) are: 1401 Winnetka Avenue North Luis Hector Perez Silva, Applicant Request: Waiver from Section 11.21, Single Family Zoning District, Subd. 12 (B) Height Limitations • 2 ft. over the 10 ft. of height allowed for a total height of 12 ft. Purpose: To allow for the recently constructed shed to remain 12 ft. tall. Zimmerman referred to photos of the property and explained that in September of 2015, the applicant applied for a building permit to build a shed. The Building Official approved the plans for the shed, but noted on the permit that the wall height could not exceed 10 feet. In May of 2016, it was brought to the City's attention that the shed was constructed 12 feet tall instead of the allowed 10 feet. Since then, the City has been working with the applicant to resolve the issue, and the applicant has received several administrative citations, but the shed is still out of compliance so now the applicant has decided to apply for a variance to allow the shed to remain 12 feet tall. Zimmerman noted that if the variance is not granted, the applicant will have two weeks to make the shed compliant or else pay the second fine that is currently pending. After that the matter will be turned over to the City Attorney. Zimmerman referred to the Zoning Code's definition of height limitations for accessory structures which reads as follows: No accessory structure shall be erected in the R-1 Zoning District to exceed a height of one (1) story, which is ten (10) feet from the floor to the top horizontal member of a frame building to which the rafters are fastened, Minutes of the Golden Valley Board of Zoning Appeals January 24, 2017 Page 2 known as the top plate. He stated that the applicant has said that he needs the additional height to store equipment for his subcontracting business. The applicant has also stated that he can install a "double plate" 10 feet up the 12 foot wall in order to address the issue, however Planning and Inspections staff agree that this solution would not meet the Zoning Code requirement. Zimmerman reviewed the points of examination used when considering variances and stated that the shed does constitute a reasonable use. However, there are no circumstances unique to the property which would require a 12 foot tall shed, granting the variance would alter the essential character of locality, and there are other options available to reach compliance. Therefore, staff is recommending denial of the requested variance. Maxwell stated that the need for this variance was caused by the landowner, so if the applicant would have asked for a variance before the construction of the shed the City and the applicant wouldn't be in this situation. Zimmerman said that is correct and in fact, the shed was completed after the applicant was told to lower the height. Perich questioned if the shed were not attached to the garage if it would still be considered an accessory structure. Zimmerman said it is still an accessory structure, but attaching the shed to the garage makes it part of the garage instead of a second detached accessory structure. Perich asked about the total square footage of the garage/shed. Zimmerman said he believes it is under the 800 square feet of allowed detached accessory structure space. Luis Hector Perez Silva, Applicant, referred to his building permit application and his variance application and said that he has stated from the beginning that he was going to build the shed 12 feet tall. He stated that in 2008, an inspector stopped by his property without notice and said he should not be storing tools and equipment outside and that his property should be cleaned up for the benefit of the City. He referred to an engineering book and discussed a section on "fixed base gable frames." Perich explained that the Board isn't discussing the definition of what a gable frame is, or the engineering of the shed, their job is to consider the 2 foot height variance in question. Silva stated that no one understands what he is talking about structurally. He said he can fix the walls of the shed and make them 10 feet tall but he has never been able to explain to anyone what he is talking about structurally and that the pictures the Board has been shown make no sense and are not right. He added that the 12 foot tall wall will be much weaker if it is shorter and asked who he should speak to about the structural issues. He referred to photos of the shed and explained how he wants to put in a double top plate 10 feet up on the 12 foot wall which will make the walls 10 feet in height. Johnson asked the applicant if the rafters are attached to a plate that is 10 feet from the floor. He referred to the height definition and noted that it defines the allowed height as 10 feet from the floor to the top plate to which the rafters are fastened. Silva discussed gables and the fasteners he used and said he built the shed to be as strong as possible with balloon walls. Minutes of the Golden Valley Board of Zoning Appeals January 24, 2017 Page 3 Perich asked the applicant why he can't build the shed how the City is requesting him to build it. Silva said he built the shed the way he did because he knows it is the best way and the strongest way to build it. He said he makes his living with a final product and by experience he knows this is the best way to build it. Perich asked the applicant if he lives at this property. Mr. Silva said yes. Perich opened the public hearing. Roger Mcconico, 1325 Winnetka Avenue North, said the applicant does not live at the subject property. He said his main objection is that the applicant is running a business out of his house and has an 18 or 20 foot long dumpster on his driveway. He noted that there are at least three other people in the area that have similar businesses as the applicant, but he never sees their equipment or vehicles stored on their properties. He said he thinks more stuff will just be brought to this property and he's concerned about their property values going down because of it. Seeing and hearing no one else wishing to comment, Perich closed the public hearing. Johnson asked for clarification because it almost seems like the height definition allows a wall greater than 10 tall as long as the rafter is attached at the 10 foot level. Zimmerman said he has talked with the Building Official about a wall being capped at 10 feet but then allowing an additional 2 feet above that. He explained that that has not been staff's interpretation or the intent of the definition for height. He added that the roof can be taller than 10 feet, but the walls are limited to 10 feet in height. Kluchka noted that the Planning Commission has had many discussions about the issue of height. He said he doesn't think this case is an issue of technicalities, it is an issue of visibility, aesthetics, and the building envelope. He noted that the shed could be modified so that one wall is 10 feet tall and the other walls are 8 feet tall. Zimmerman noted that the applicant has stated that his building permit application said the shed would be built 12 feet tall so he should be allowed to build it 12 feet tall, but it was noted on the building permit and in the plan review that the height of the shed needed to be modified to be 10 feet tall. Maxwell asked if the applicant was told in the beginning that he could apply for a variance. Zimmerman said when he was first made aware of the issue he talked to the applicant and the applicant said it would be no problem to change his plans and make the shed conform to the Zoning Code requirements. Johnson asked if the shed was built how is was shown on the building permit application. Zimmerman said he thinks they are similar. Kluchka said he doesn't think the drawing is what was ultimately built. Perich referred to the criteria the Board uses when considering variances. He said he thinks having a shed is reasonable, but he is struggling to find any unique circumstances not caused by the landowner. He said he also thinks the shed alters the character of the locality because it sticks up above the garage. Minutes of the Golden Valley Board of Zoning Appeals January 24, 2017 Page 4 Johnson said there could be a loophole in the way the definition of height is worded, but the City has been consistent with its interpretation so he is not inclined to approve the requested variance. Kluchka agreed. Maxwell stated that one of the criteria the Board considers it that the need for a variance isn't caused by the landowner and that is a problem when someone builds something first and then asks for a variance after the fact, so he can't support his variance request. MOVED by Maxwell, seconded by Johnson and motion carried unanimously to deny the requested variance. Perich informed the applicant that he can appeal the Board's decision to the City Council. X15 Angelo Drive Ji lem Construction Inc A licant Reque Waiver from Section 1.21, Single Family Zoning District, Subd. 11 (B) Heigh imitations • 5.5 ft. over a 25 ft. of height lowed for a total height of 30.5 ft. Purpose: To allo r the recently onstructed rooftop access to remain 30.5 ft. tall. Goellner reminded the Board t they've een variance requests for this erty twice in the past. The first variance gra d in J e was for 3.5 feet over t aximum allowed height of 25 feet. The sero vari ce was granted in st for the same height, but a larger rooftop access ro a referred to the plans and explained that the house is currently under constr i n and that t ntractor made adjustments to the roof plans and the parapet wall afte a varia were approved so the applicant is now seeking a variance to allo e r ntly constructed rooftop access to remain 30.5 feet tall. Goellner noted that the applicant's sta a ique umstances include that a change to the architectural plans was nece ry fo tructur support, proper water runoff from the roof, and the fact that the ro p acces room is easily visible from Angelo Drive because it is set back eet from th front prope line, in the center of the home. Goellner stated th aff is recommending proval of this van ce request because there are confli ' g regulations in the Zonin Code regarding he t and building envelope re ements. The rooftop access om fits within the bu ing envelope, but does not et the height requirements. She tated that in this case the need for a varian is not the fault of the landowner, th unique circumstance is the conflict in the Zo * g Code. She added that the rooftop ac ess room does not alter the essential aracter of its locality, the visual impact is inimized by the location of the rooftop city 0 411 f t4 E K4 ry A, ,f iY� t ' y �R' x• 9 vattey Physical Development Department 763-593-8095/763-593-8109(fax) Date: January 24, 2017 To: Golden Valley Board of Zoning Appeals From: Jason Zimmerman, Planning Manager Subject: 1401 Winnetka Avenue North Luis Hector Perez, Applicant Introduction Luis Hector Perez Silva, owner of the property at 1401 Winnetka Avenue North, is seeking a variance from the City Code to allow an accessory structure to remain in place which has been constructed in violation of the maximum height requirement: Variance Request City Code Requirement 2 feet off of the maximum of 10 feet in Section 11.21, Single Family Zoning District, Subd. height for an accessory structure. 12(B) Accessory Structures– Height Limitations: The maximum allowed height of an accessory structure is 10 feet from the floor to the top horizontal member of a frame building to which the rafters are fastened, known as the top plate. Background • The lot at 1401 Winnetka Avenue North is zoned R-1 Single Family Residential. • The new accessory structure—a shed—is located to the rear of and attached to an existing garage. • An approved building permit for the shed, dated September 21, 2015, indicates that the wall height cannot exceed 10 feet. • The height of the shed is approximately 12 feet from the floor to the top horizontal member to which the rafters are fastened (the top plate). • A neighbor brought the height of the shed to the attention of the City in May of 2016 while it was still partially constructed and prior to it being attached to the garage. Staff contacted the applicant and informed him that the shed was too tall and located too close to the garage for a stand-alone structure. He agreed to attach the shed to the garage in order to satisfy the distance requirement and also indicated he could modify the roofline to meet the height requirement. • Throughout the summer, the deadlines for compliance were ignored and the applicant generated fines of$100, $250, and $500. In November of 2016, the applicant appealed the City's fine of$500 and agreed to a hearing before an Administrative Hearing Officer. The applicant did not attend the hearing and the case was found in the City's favor. Shortly afterwards the applicant attached the shed to the garage and completed all other work. The City issued a second $500 fine as the height of the shed was still out of compliance. • In December of 2016, the applicant appealed the City's second fine of$500 and agreed to a hearing before an Administrative Hearing Officer. In January of 2017, the Hearing Officer found in the City's favor but stayed the second $500 fine in order to allow the variance process to be resolved before the Board of Zoning Appeals. • If approval of the variance is not granted, the applicant will be required to modify the height of the shed within 14 days or else pay the $500 fine. Failure to do so could result in criminal charges brought by the City Attorney. • The applicant has argued that he can modify the shed by installing a second "top plate" at a point in the wall approximately 10 feet high. The City's Building Official has indicated this does not conform to the City's Zoning Code as there would still be a horizontal member at 12 feet to which the rafters are attached. • Finally, the applicant states that he needs the shed to be 12 feet tall in order to store his tools and equipment. Analysis In reviewing this application, staff has maintained the points of examination to the considerations outlined in Minnesota State Statute 462.357, requiring that a property exhibit "practical difficulties" in order for a variance to be granted. To constitute practical difficulties: 1. The property owner must propose to use the property in a reasonable manner An accessory structure in this location does constitute a reasonable use of the property. 2. The landowners' problem must be due to circumstances unique to the property that is not caused by the landowner There are no circumstances unique to the property that require an accessory building (shed) to be constructed to a height greater than 10 feet. The decision to design the roofline of the shed in this manner was made by the applicant and maintained over an extended period of time despite repeated efforts by the City to have it modified to a height of 10 feet prior to its completion. 3. And the variance, if granted, must not alter the essential character of the locality A number of other homes in the area have accessory structures (detached garages or sheds) but none appear to exceed the maximum height of 10 feet. In addition, the rising grade in the rear yard of this property emphasizes the increased height. This proposal would alter the essential character of the locality. Additionally, staff assesses whether other options are available to meet the applicant's needs and that do not require a variance. Staff has suggested an alternate roofline that would comply with the height limit but the applicant disagrees that it is a practical solution. Lastly, staff assesses whether the proposal requests the smallest variance necessary to meet the applicant's needs. As the applicant has provided no verifiable information regarding the height or size of the equipment he intends to store in the shed, staff cannot determine if the additional 2 feet in height is necessary. Conclusion The request does not meet the second or third points of examination required for a variance and there exist alternatives which would allow the shed to remain while still meeting the 10 foot height requirement for an accessory structure. Recommendation Staff recommends denial of the request for a variance of 2 feet off of the maximum of 10 feet in height for an accessory structure. Planning 1 7800 Golden Valley Road,Golden Valley,MN 55427-4588 city of 763-593-8095 1 TTY:763-593-3968 1 www.goldenvalleymn.gov I planning@goldenvalleymn.gov golden PLANNING APPLICATION valley w Zoning Code Variance Street address of property in this application: vi APPLICANT INFOPMATION Name(individual,or corporate entitiy): e, Address: t-)!GK- tj Phone number: Email address: Authorized Representative(if other than applicant): Name: Address: Phone number: Email address: Property Owner(if other than applicant): Name: Address: Phone number: Email address- SITE INFOPMATION Provide a detailed description of the variance(s)being requested: I LU o f\e k1l\� W-111\5t `s (V �0� via io Id L;j z�1 0 w+A� w)a% tt� 1o�-j zs 1 k%k5U Provide a detailed description of need for a variance from the Zoning Code,including description of building(s),description of proposed addition(s),and description of proposed alteration(s)to property: Planning 1 7800 Golden Valley Road,Golden Valley,MN 55427-4588 city of 763-593-8095 1 TTY:763-593-3968 1 www.goidenvalleymn.gov I planning@goldenvalleymn.gov golden valley *41'* Zoning Code (continued) Minnesota State Statue 462.357 requires that a property exhibit"practical difficulties"in order for a variance to be considered.Practical difficulties: • result in a use that is reasonable • are based on a problem that is unique to the property • are not caused by the landowner • do not alter the essential character of the locality To demonstrate how your request will comply with Minnesota State Statute 462.357,please respond to the following questions. Explain the need for your variance request and how it will result in a reasonable use of the property. lj �� ���w�{ r3� '�N1�s• ��t1 a-o b� a�e�fi, `� s��1;�� ��l£���'�1`u� 1rs rI mel n ,uV ,A, A " `J z`a - What is unique about your property and how do you feel that it necessitates a variance? C cv,-\Y2-� V-� eA Ce, C 14Y 1 t,(-e v � s r-�r �t 1 u r i b 1sk-a CP& -}OAS Explain how the need for a variance is based on circumstances that are not a result of a landowner action. cftrl, P a 5 C ZJ(-J la i t�c� I �Wlzl -a c,tk Ol v tf � � i ►�� AAA Lrop s a r� v it 1A __e 54kc-e i ke r\ M r eel i�,-e d Explain how,if granted,the proposed variance will not alter the essential character of your neighborhood and Golden Valley as a whole. L-C;ok z prdui it-� � �Jt 5 ee ke W i00ktv5 .),A b e6�r A Itis P-0c�'ss � �k Planning 1 7800 Golden Valley Road,Golden Valley,MN 55427-4588 city o,f v 763-593-8095 1 TTY:763-593-3968 1 www.goldenvalleymn.gov I planning@goldenvalleymn.gov golden valley Zoning Code Variance(continued) The City requests that you consider all available project options permitted by the Zoning Code before requesting a variance.The Board of Zoning Appeals will discuss alternative options to seeking variance with you at the public hearing.Please describe alternate ways to do your project thpt do not require variances from the Zoning Code. c wLe_,5 -�o \"+ I uji�l ktA:!,ovA-- T�3-� RN- %)Q6L,(_ Q LA-TiL ,0 18f_AN() 1-y kc) cooc_ AC,INqu I boNr k5 W NLL-) PEQUIPED ATTACHMENTS (i7 Current survey of your property,including proposed addition and new proposed building and structure setbacks(a copy of Golden Valley's survey requirements is available upon request;application considered incomplete without a current property survey) One current color photograph of the area affected by the proposed variance(attach a printed photograph to this application or / email a digital image to planning@goldenvalleymn.gov;submit additional photographs as needed) Fee:$200 application fee for Single-Family Residential,$300 application fee for all other Zoning Districts O Legal description:Exact legal description of the land involved in this application(attach a separate sheet if necessary): SIGNATUPES To the best of my knowledge the statements found in this application are true and correct.I also understand that unless construction of the action applicable to this variance request,if granted,is not taken within one year,the variance expires. I have considered all options afforded to me through the City's Zoning Code and feel there is no alternate way to achieve my objective except to seek a variance to zoning rules and regulations.I give permission for Golden Valley staff,as well as members of the Board of Zoning Appeals,to enter my property before the public hearing to inspect the area affected by this request.Please include printed name,signature,and date for ap- plicant,authorized representative(if other than applicant),or property ower(if other than applicant). Name of Applicant(please print): LJk 5 `\QCA"r Qzf" C'i\V Z- Signature of Applicant: �— Date: d W j IT Authorized Representative(if other than applicant) Name(please print): Signature: Date: Property Owner(if other than applicant) Name(please print): Signature: Date: Please note:The City of Golden Valley will send notice of your variance request to all adjoining property owners as well as owners of properties directly across streets or alleys. Your neighbors have the right to address the Board of Zoning Appeals at your public hearing. You are advised to personally contact your neighbors and explain your project to them before the public hearing. This document is available in alternate formats upon a 72-hour request.Please call 763-593-8006(TTY:763-593-3968)to make a request. Examples of alternate formats may include large print,electronic,Braille,audiocassette,etc. ®� �eweeewimewen+�e peeeeee�eeeeew i����n�eweena eeeneeeeewe��ee��■ei�leee�eeeeeeeeeeeeewi eeee�e.�eeeee�ine�ee•n i LAND SURVEYOR i REGISTERED UNDER LAWS OF STATE OF LICENSED MINNESOTA ! BY ORDINANCE j OF CITY OF MINNEAPOLIS / 1 3616 EAST 55TH STREET PA. 4.4681 FXV-571Nc ���� �urbepor'g (Errtificate numI. P, r i JJ �.9S 9� _• z 4 1a�.3 0 All I -e— 111411 i r 1 HEREBY CERTIFY THAT THE ABOVE i at/3 B A TRUE AND OORRECT PLAT OF A SURVEY OF "ot 5 llOck 4 , r.IOlden Oaks 2nd lidditicJn. 3lennepin LoilntY,lylinn. eh AS SURVEYED BY ME THIS_ DAV A.D..__ 51 G N E D_ F , � JACKSO MINNESO A REGISTRATION. Nn 'AA^— . r ` Frevel, Jerry From: Frevel, Jerry Sent: Monday, September 21, 2015 9:33 AM To: Subject: 1401 Winnetka Ave N Please respond to the following so plan review can continue for 1401 Winnetka Ave N: 1. Confirm the shed addition is floating, and is not on frost footings. 2. Show number and location of posts supporting shed structure. 3. Which direction do the floor joists go? 4. Confirm wall height is less than 10 feet from floor to double top plate. Thanks, Jerry Frevel I Building Official 1 City of Golden Valley V Irr , t ) �� a� 7 ;800 Golden'Jalley Road I Golden'Valley,MN 55427 763 593-80071 763-593 3997(Fax) 1763 (TTY)I J 1 ' o 2012 INTERNATIONAL RESIDENTIAL CODE, APPROVED SET OF DRAWINGS TO N JOB L� SITE AT ALL TIMES, DESTROY P EVIOUS OUTDATED SETS. e� _REVIEWED FOR� Z DE COMPLIANCI BUILDING OFFICIAL REVIEW A D 1 2 — 2 (L r : _, AUTHORIZATION REQUIRED'PRI TO CHANGES, MODIFICATIONS OR ALTE TIONS. WOOD EXPOSED TO GROUND, W OR LOCATED ON CONCRETE SHALL BE I' j OF NATURAL RESISTANCE TO DECAY OR. I 5 TREATED. —�— 10 / iF'C'C"f Y �Z�i7vvS 161 r Zx G rr /1 Z ` VIS 16 / 6-C, - C� WEIVED CITY OF GOLDEN VALLEY SEP 15 2015 January 19, 2017 Golden Valley Board of Zoning Appeals I have received a letter pertaining to a variance at 1401 Winnetka Ave. N., Golden Valley, MN. I officially would like to oppose such variance. The gentleman that I know as Hector believes it is better to ask for forgiveness, than for permission. He has not followed the rules since he has lived there. He took approximately 2 years to build the frame. When the city of Golden Valley started looking into his project, he finished in very short order, thus asking for a variance or forgiveness. He has had tenants sue him. When one of his renters complained to the city of Golden Valley about the living conditions, he evicted him. Also he no longer lives at 1401 it is a rental property. I believe the reason for the tall building is to store his construction tools ladders etc. The building is not constructed on level ground. It is built on footings of unknown quality. He has two construction trailers in his backyard. I believe the only reason he needs the additional building is he no longer has room in his garage for all of his construction tools. Sincerely, Roger Mcconico 1325 Winnetka Ave. N. Golden Valley, MN a ((( z N, ♦ ♦} rx e or Y z t s� � •.' � �iTT�� v + s ' •'i, -st �• t • ' r c� _ s r. +T yV `. :- J 9, '4 i r f Y � g v + f t - 4 i S e 1 - u g�. Executive Summary For Action Golden Valley City Council Meeting March 7, 2017 Agenda Item 6. B. Second Consideration Amendment of Salaries of Mayor and Council Members Prepared By Susan Virnig, Finance Director/Deputy City Clerk Summary As per City Code, Council salaries are reviewed every two years preceding the city election. Staff has provided the percentage increase representing the average salary or wage increase for the City non-union employees for the previous two years at 5%; 2.5% in 2016; 2.5% in 2017. The increase would begin January 1, 2018 and has been reflected in the 2017-2018 Biennial Budget. The salary increase is reflected below: Current Salary New Salary Mayor $12,207 $12,825 Council Members $9,136 $9,598 The first consideration was presented at the February 21, 2017, City Council meeting. If the Council adopts the ordinance on second consideration, it will be effective in January 2018. Attachments •City Code Section 2.19 with underline/overstrike (1 page) •Ordinance #618, Amending Salaries of Mayor and Council Members (1 page) Recommended Action Motion to adopt second consideration, Ordinance # 618, Amending Salaries of Mayor and Council Members. § 2.19 Golden Valley City Code Page 1 of 1 Section 2.19: Salaries of Mayors and Council Members Subdivision 1 The annual salary of the Mayor shall be $12,207.00 $12,825.00. Subdivision 2 The annual salary of each Council Member shall be $9,136.00 $9,598.00. Subdivision 3. Approved Additional Meetings In addition to their salaries, the Mayor and Council shall be paid $50.00 for each meeting they are directed or designated to attend, up to a maximum of $150.00 per month. The method for approval of meetings shall be outlined by resolution of the Council. Subdivision 4 The salaries provided for herein shall be effective January 1, 2016 2018. Subdivision 5 In April of each odd numbered year, the City's staff shall provide to the Council the percentage representing the average salary or wage increase for City non-union employees for the previous two years so that the Council may consider appropriate increases in its salaries. ORDINANCE NO. 618, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Amending Salaries of Mayor and Council Members The City Council for the City of Golden Valley hereby ordains: Section 1. City Code Section 2.19, Subd. 1. 2. and 4. are hereby amended to read: Subd. 1. The annual salary of the Mayor shall be $12,207 $12,825. Subd. 2. The annual salary of each Council Member shall be $9,136 $9,598 Subd. 4. The salaries provided for herein shall be effective January 1, 20168. Section 2. City Code Chapter 1 entitled “General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation” is hereby adopted in its entirety, by reference, as though repeated verbatim herein. Section 3. This ordinance shall take effect from and after its passage and publication as required by law. Adopt by the City Council this 7 th day of March, 2017. /s/Shepard M Harris Shepard M Harris, Mayor ATTEST: /s/Kristine A Luedke Kristine A. Luedke, City Clerk Executive Summary For Action Golden Valley City Council Meeting March 7, 2017 Agenda Item 6. C. First Consideration Amendment of City Code regarding the Addition of Youth Member to Boards and Commissions Prepared By Sue Virnig, Finance Director Summary As discussed at the Council/Manager meeting on January 10, 2017, Council gave direction to staff to discontinue the Golden Valley Teen Committee and add one voting youth member to the Open Space and Recreation Commission, Environmental Commission, Human Services Fund and one non- voting teen member to the Planning Commission and Board of Zoning Appeals (BZA). The following changes need to be made in order to add these teen members: •Section 2.50: Boards and Commissions needs to add “voting” membership for a quorum. •Section 2.51: Planning Commission will add one youth member with a term of one (1) year. •Section 2.52: Open Space and Recreation will add one youth member with a term of one (1) year. •Section 2.53: Human Rights Commission already had two teen members serving but will state the term of one (1) year. •Section 2.56 Environmental Commission will add one youth member with a term of one (1) year. •Section 2.57 Human Services Fund is new in its entirety. This Fund was set up through resolution and not added to city code. Language is taken from the mission and guidelines of the Human Services Fund. One (1) member has been added with a term of one (1) year. The BZA was set up in Chapter 11 so that requires a public hearing for changes to code. That public hearing is scheduled for March 21, 2017. It will be held before the second consideration of the City Code amendments. All the Boards and Commissions By-laws will be considered on March 21 to include the addition of the youth member. The youth member term is one (1) year and may be renewed at the time of all annual appointments by Council. Attachments •City Code Section 2.50 Boards and Commission Generally underlined/overscore version (1 page) •City Code Section 2.51 Planning Commission underlined/overscore version (1 page) •City Code Section 2.52 Open Space and Recreation Commission underlined/overscore version (1 page) •City Code Section 2.53 Human Rights Commission underlined/overscore version (1 page) •City Code Section 2.56 Environmental Commission underlined/overscore version (1 page) •City Code Section 2.57 Human Services Fund underlined/overscore version (1 page) •Ordinance #619, Amending the City Code by the Addition of Youth Member to Boards and Commissions and New Section 2.57: Human Service Fund (2 pages) Recommended Action Motion to adopt first consideration, Ordinance #619, amending the City Code regarding the addition of youth member to boards and commissions and Section 2.57: Human Service Fund. § 2.50 Golden Valley City Code Page 1 of 1 Section 2.50: Boards and Commissions Generally Except as otherwise provided in a specific Section, all Boards and Commissions created by the City Code shall be for the limited purpose of advising the Council with respect to a City function or activity or to research and evaluate issues identified by the Council. As such, Boards and Commissions shall function in an advisory capacity only. Subdivision 1. Appointments The terms of all Board and Commission members shall be fixed and determined at the time of appointment. The Council shall appoint the members of all Boards and Commissions and may fill vacancies for unexpired terms. Members of Boards and Commissions shall serve until their successors are appointed. Appointments shall be made by the Council at its last meeting in April, effective May 1, except for appointments to the Absentee Ballot Counting Board, which will be appointed as needed from the roster of election judges approved by the City Council. Subdivision 2. Staff Support The City Manager shall appoint a staff liaison to attend all meetings of Boards and Commissions and record the meetings. Subdivision 3. Attendance and Rules Each Board and Commission shall establish by-laws, which must be reviewed and approved by the Council every three years. The Council has final authority regarding all by-laws. Boards and Commissions shall follow Roberts Rules of Order unless alternative procedures are established in the approved by-laws or in the City Code. A quorum shall be a simple majority of the voting membership and all recommendations shall require a quorum. No member shall serve as chair more than two years in a three-year period, except that service for less than a full year shall not be applied to this limit. If a member is unable to attend a meeting, that member should contact the staff liaison, who will inform the chair if a quorum cannot be attained and the meeting will be cancelled. The Council may establish an attendance policy for members to remain in good standing. Subdivision 4. Annual Report Each Board and Commission shall present a written annual report outlining its activities over the past year and proposed activities for the upcoming year. §2.51 Section 2.51: Planning Commission Subdivision 1. Establishment and Composition A Planning Commission is hereby established, composed of seven (7) eight (8) members, seven (7) who shall serve three-year staggered terms and one (1) youth, who shall serve a one (1) year term. Subdivision 2. Duties and Responsibilities It is the duty of the Planning Commission to advise and make recommendations to the Council in all matters relating to planning and growth of the City. Specifically it shall: A.Develop and make recommendations to maintain and update the Comprehensive Plan of the City; B.Develop and make recommendations to maintain and update the land use regulations needed to implement the Comprehensive Plan; C.Develop and make recommendations for policies on other matters relating to the social, economic and physical environment; and, D.Advise and recommend such other functions or procedures as may be assigned to them by the City Code or the Council. Golden Valley City Code Page 1 of 1 § 2.52 Golden Valley City Code Page 1 of 1 Section 2.52: Open Space and Recreation Commission Subdivision 1. Establishment and Composition An Open Space and Recreation Commission is hereby established, composed of nine (9) ten (10) members, nine (9) who shall serve three-year staggered terms and one (1) youth, who shall serve a one (1) year term. Subdivision 2. Duties and Responsibilities It is the duty of the Commission to advise and recommend to the Council as to recreational programs and parks and open space in the Community. Specifically it shall: A.Develop and make recommendations to maintain and update the portion of the Comprehensive Plan relating to open space needs, parks and recreation programs, and trail systems; B.Develop and periodically review policies and plans for parks, recreation programs, use of open space, and trail systems; C.Periodically update an assessment of current programs regarding open space, parks and recreation, and trail systems; D.Periodically update an assessment of future needs regarding parks and recreation, open space, and trail systems; E.Advise the Council on cooperative agreements policies with other public and private agencies, groups or individuals relative to recreational programs and facilities; and, F.Advise Council on budget and capital outlay needs for parks and recreation, Brookview Golf Course, and park improvement fund. § 2.53 Golden Valley City Code Page 1 of 1 Section 2.53: Human Rights Commission Subdivision 1. Establishment and Composition A Human Rights Commission is hereby established, composed of nine (9) members, seven (7) who shall serve three-year staggered terms and two (2) voting youth, who shall serve a one (1) year term. The Council shall seek to have said appointments reflect the ethnic, cultural, religious and other diversity of the City. Subdivision 2. Policy It is the policy of the City to encourage the establishment and development of equal opportunity and fair treatment of all individuals living, working, or traveling in and through the City without regard to race, color, creed, religion, national origin, gender, marital status, familial status, disability, status with regard to public assistance, sexual orientation, age or any other classification subsequently identified by the State of Minnesota. Subdivision 3. Duties and Responsibilities It is the duty of the Commission to advise and recommend to the Council as to matters of Human Rights issues by serving as an advisory board in accordance with its by-laws. § 2.56 Golden Valley City Code Page 1 of 1 Section 2.56: Environmental Commission Subdivision 1. Establishment and Composition An Environmental Commission is hereby established, composed of seven (7) eight (8) members, seven (7) who shall serve three-year staggered terms and one (1) youth, who shall serve a one (1) year term. Subdivision 2. Duties and Responsibilities It is the duty of the Environmental Commission to advise and make recommendations to the Council in matters relating to and affecting the environment. Specifically, it shall: A.Develop and make recommendations to educate the public on environmental regulations, policies, practices and tools; B.Develop and make recommendations as an advisory review body for amendments to or revisions of the city’s Surface Water Management Plan and provide advice as requested by the Council on other city programs and initiatives; C.Review and make recommendations regarding the city’s existing environmental ordinances, policies and guidelines; D.Develop and make recommendations on management practices for the city’s nature areas, public and private ponding areas, and other such city-owned properties as directed by the City Council; E.Identify and advise the City Council on activities initiated by other public and quasi-public agencies regarding environmental issues and participate as directed by the Council; and F.Advise and recommend such other functions or procedures as may be assigned to them by the City Code or the Council. § 2.57 Golden Valley City Code Page 1 of 1 Section 2.57: Human Services Fund Subdivision 1. Establishment and Composition A Human Service Fund is hereby established, composed of thirteen (13) members, seven (7) citizens-at-large and five (5) community who shall serve three-year staggered terms or business members and one youth, who shall serve a one (1) year term. Subdivision 2. Duties and Responsibilities It is the duty of the Human Services Fund to study human service needs in the community and recommend action to the Council as to matters of regarding funding of those needs. Specifically it shall A.Identify the community’s needs for human services. B.Develop guidelines to evaluate funding requests and allocate funds to human service organizations that meet the identified needs of the community. C.Determine funds needed and strategies to provide funding through charitable gambling proceeds, fundraisers, or community events. D.Encourage and enlist participation from the greater Golden Valley community. ORDINANCE NO. 619, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE BY ADDITION OF YOUTH MEMBER TO BOARDS AND COMMISSIONS AND NEW SECTION 2.57: HUMAN SERVICES FUND Amendment Chapter 2, Section 2.50: Boards and Commissions Generally, 2.51: Planning Commission, 2.52: Open Space and Recreation Commission, 2.53: Human Rights Commission, 2.56: Environmental Commission and addition of new Section 2.57: Human Services Fund The City Council for the City of Golden Valley hereby ordains as follows: Section 1. City Code Section 2.50 Subdivision 3 is hereby amended to read as follows: Subdivision 3. Attendance and Rules Each Board and Commission shall establish by-laws, which must be reviewed and approved by the Council every three years. The Council has final authority regarding all by-laws. Boards and Commissions shall follow Roberts Rules of Order unless alternative procedures are established in the approved by-laws or in the City Code. A quorum shall be a simple majority of the voting membership and all recommendations shall require a quorum. No member shall serve as chair more than two years in a three-year period, except that service for less than a full year shall not be applied to this limit. If a member is unable to attend a meeting, that member should contact the staff liaison, who will inform the chair if a quorum cannot be attained and the meeting will be cancelled. The Council may establish an attendance policy for members to remain in good standing. Section 2. City Code Section 2.51 Subdivision 1 is hereby amended to read as follows: Subdivision 1. Establishment and Composition A Planning Commission is hereby established, composed of eight (8) members, seven (7) who shall serve three-year staggered terms and one (1) youth, who shall serve a one (1) year term. Section 3. City Code Section 2.52 Subdivision 1 is hereby amended to read as follows: Subdivision 1. Establishment and Composition An Open Space and Recreation Commission is hereby established, composed of ten (10) members, nine (9) who shall serve three-year staggered terms and one (1) youth, who shall serve a one (1) year term. Section 4. City Code Section 2.53 Subdivision 1 is hereby amended to read as follows: Subdivision 1. Establishment and Composition A Human Rights Commission is hereby established, composed of nine (9) members, seven (7) who shall serve three-year staggered terms and two (2) voting youth, who shall serve a one (1) year term. The Council shall seek to have said appointments reflect the ethnic, cultural, religious and other diversity of the City. Section 5. City Code Section 2.56 Subdivision 1 is hereby amended is hereby amended and restated in its entirely as follows: Ordinance No. 619 -2-March 7, 2017 Subdivision 1. Establishment and Composition An Environmental Commission is hereby established, composed of eight (8) members, seven (7) who shall serve three-year staggered terms and one (1) youth, who shall serve a one (1) year term. Section 6. City Code Chapter 2 is hereby amended by adding a new Section 2.57 entitled “Human Service Fund” to read as follows: Section 2.57: Human Services Fund Subdivision 1. Establishment and Composition A Human Service Fund is hereby established, composed of thirteen (13) members, seven (7) citizens-at-large and five (5) community who shall serve three-year staggered terms or business members and one youth, who shall serve a one (1) year term. Subdivision 2. Duties and Responsibilities It is the duty of the Human Services Fund to study human service needs in the community and recommend action to the Council as to matters of regarding funding of those needs. Specifically it shall A. Identify the community’s needs for human services. B. Develop guidelines to evaluate funding requests and allocate funds to human service organizations that meet the identified needs of the community. C. Determine funds needed and strategies to provide funding through charitable gambling proceeds, fundraisers, or community events. D. Encourage and enlist participation from the greater Golden Valley community. Section 7. City Code Chapter 1 entitled “General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation” and Section 2.99 entitled “Violation a Misdemeanor” are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 8. This Ordinance shall take effect from and after its passage and publication as required by law. Adopted by the City Council this 7 th day of March, 2017. /s/Shepard M Harris Shepard M Harris, Mayor ATTEST: /s/Kristine A Luedke Kristine A. Luedke, City Clerk Executive Summary For Action Golden Valley City Council Meeting March 7, 2017 Agenda Item 6. D. Authorization to Sign Office Lease Agreement with Golden Valley Community Foundation Prepared By Timothy Cruikshank, City Manager Summary Included in the Golden Valley Foundation Memorandum of Understanding that the Council adopted in December, 2016, was a requirement for an office lease agreement to be negotiated. This lease agreement has been discussed and agreed upon with representatives of the Golden Valley Community Foundation. It will be briefly outlined on Tuesday night. Attachments •Office Lease Agreement with the Golden Valley Community Foundation (13 pages) Recommended Action Motion to authorize the City Manager to sign the Office Lease Agreement with the Golden Valley Community Foundation. OFFICE LEASE 1.PARTIES.This Office Lease (the “Lease”) is entered into effective as of ______________, 201__, by and between City of Golden Valley, a Minnesota municipal corporation (“Landlord”) and Golden Valley Community Foundation, a Minnesota nonprofit corporation (“Tenant”). 2.PREMISES.Landlord leases to Tenant and Tenant leases from Landlord that certain office space (“Premises”) crosshatched on the floor plan attached as Exhibit “A” to and made a part of this Lease, said Premises being agreed, for the purpose of this Lease, to have an area of 228 square feet of the building located at 7800 Golden Valley Road, Golden Valley, MN (“Building”). 3.TERM.The term of this Lease (“Term”) shall be month-to-month, commencing on June 1, 2017 (“Commencement Date”), provided, except as otherwise provided herein, the Landlord may terminate this Lease and the Term at any time and for any reason upon ninety (90) days’ prior written notice to Tenant. 4.POSSESSION. If Landlord permits Tenant to occupy the Premises prior to the Commencement Date, such occupancy shall be subject to all the provisions of this Lease. 5.RENT.The parties agree that the market rent for the Premises, as of the date hereof, is $4,104.00 per year, inclusive of taxes and utilities (“Cash Rent”). In lieu of paying such Cash Rent, Tenant agrees to provide the Landlord the following services during the Term (individually an “Agreed Service”, collectively, the “Agreed Services”): (a)Management of and responsibility for conducting, in full or substantial part, the community farmers’ market in Golden Valley, commonly known as “Market in the Valley”, occurring weekly between the months of June and October, inclusive; and (b)Management of and responsibility for conducting, in full or substantial part, the annual community arts event in Golden Valley, commonly known as “Golden Valley Music and Arts Festival”. The parties agree that the annual market value of the Agreed Services to Landlord meets or exceeds the Cash Rent. Upon written request to Landlord, Tenant may request to provide Landlord other service(s) in lieu of the Cash Rent (“Offered Services”) in addition to or in replacement of one or more of the Agreed Services. Upon receipt of such request, Landlord shall have the right to accept or reject such Offered Services. If Landlord agrees to accept such Offered Services in addition to or in replacement of an Agreed Service, the parties shall execute an amendment to the Lease reflecting such agreement. 6.ACCESS.On the Commencement Date, the Landlord shall provide each of the Tenant representatives identified on Exhibit “B”, attached hereto (collectively “Tenant Representatives”), a key fob (collectively, the “Key Fobs”) to obtain access to the Premises and to obtain access to the Building during those afterhours specified on Exhibit “C”, attached hereto (“Afterhours”). The Landlord will provide the Tenant up to six (6) Key Fobs. Exhibit B may be 2 revised from time to time, without need to amend this Lease, to reflect those Tenant Representatives to whom the Landlord has delivered a Key Fob. The Afterhours are those hours that the Tenant may access the Building outside those hours the Landlord provides public access to the Building as described on Exhibit B, provided the Tenant may only access the Building during such Afterhours for the sole purpose of accessing the Premises. If the Tenant requires a replacement Key Fob or fails to return the Key Fobs as required herein, in addition to any other remedy, Landlord may impose a replacement charge. Tenant shall promptly inform the Landlord of any lost Key Fob. Tenant shall be responsible for all damage to the Building and the Premises, or property therein, due to unauthorized access to the Building or Premises as a result of the Key Fobs provided to Tenant. Upon the expiration or early termination of this Lease, Tenant shall return all Key Fobs to the Landlord. 7.USE.Tenant shall use the Premises for the purpose of office use and for no other purpose whatsoever. Tenant shall not store, handle, use, or dispose of hazardous materials at the Premises. Tenant shall not do or permit anything to be done in or about the Premises nor bring or keep anything in the Premises which will in any way increase the existing rate of or affect any fire or other insurance upon the Building or any of its contents, or cause cancellation of any insurance policy covering said Building or any part thereof or any of its contents. Tenant shall not do or permit anything to be done in or about the Premises which will in any way obstruct or interfere with: (i) the rights of other occupants of the Building, including Landlord and its invitees, agents and employees; (ii) the conduct of Landlord’s operations and affairs in the Building; or (iii) the public’s right to use and access the Building, as such public use and access rights are established by Landlord. Tenant shall not injure or annoy other occupants of or visitors to the Building, or use or allow the Premises to be used for any improper, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall not commit or suffer to be committed any waste in or upon the Premises. This Lease grants the Tenant no right to use any portion of the Building other than the Premises. 8.COMPLIANCE WITH LAW.Tenant shall not use the Premises or permit anything to be done in or about the Premises which will in any way conflict with any law, statute, ordinance or governmental rule or regulation now in force or which may be enacted in the future (collectively “Laws”). Tenant will, at its sole cost and expense, promptly comply with all Laws and with the requirements of any board of fire insurance underwriters or other similar bodies relating to or affecting the condition, use or occupancy of the Premises, excluding structural changes not related to or affected by Tenant’s authorized improvements or acts. Tenant shall, throughout the term of this Lease, and at its sole expense, keep and maintain the Premises in a clean, safe, and sanitary. 9.ALTERATIONS AND ADDITIONS.Tenant shall not make any alterations, additions or improvements to the Premises without the prior written consent of Landlord, and except as provided herein, any such alterations, additions or improvements including, but not limited to, wall covering, paneling and built-in cabinet work, but excluding movable furniture and trade fixtures, shall on the expiration or earlier termination of this Lease belong to the Landlord and shall be surrendered with the Premises. In the event Landlord consents to the making of any alterations, additions or improvements to the Premises, the same shall be made by Tenant at Tenant’s sole cost and expense, shall be performed in a good and workman like manner and in 3 accordance with applicable laws, and any contractor or person selected by Tenant to make the same must first be approved of in writing by the Landlord. Tenant shall, upon written demand by Landlord, at Tenant’s sole cost and expense, remove any alterations, additions, or improvements made by Tenant that are designated by Landlord to be removed, and Tenant shall repair any damage to the Premises caused by such removal prior to the expiration or earlier termination of this Lease. Tenant shall keep the Premises free from any liens arising out of any work performed, materials furnished or obligations incurred by Tenant. 10.REPAIRS.By taking possession of the Premises, Tenant shall be deemed to have accepted the Premises as being in good and satisfactory condition and as being suitable for Tenant’s intended purposes. Tenant shall, at Tenant’s sole cost and expense, keep the Premises in good condition and repair, ordinary wear and tear excepted. Tenant shall, upon the expiration or earlier termination of this Lease, surrender the Premises to the Landlord in the same condition as they were on the Commencement Date, subject to alterations approved by Landlord, reasonable wear and tear accepted. Before surrendering the Premises, Tenant shall remove all of it personal property and trade fixtures and such alterations or additions to the Premises made by Tenant as may be specified for removal in a written notice from Landlord given at the time of Landlord’s consent to the alteration or addition. If Tenant fails to remove its personal property and fixtures upon the expiration or earlier termination of this Lease, the same shall, at Landlord’s option, be removed from the Premises and stored at Tenant’s expense or be deemed abandoned and shall become the property of the Landlord. Tenant’s surrender obligations shall survive the expiration or early termination of this Lease. Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and the Tenant affirms that Landlord has made no representations to Tenant with respect to the condition of the Premises or the Building.Tenant waives the right to make repairs at Landlord’s expense under any Laws now or hereafter in effect. 11.ASSIGNMENT AND SUBLETTING.Tenant shall not assign its interest in this Lease or sublease any portion of the Premises without the Landlord prior written consent. Any attempted assignment or sublease in violation of this Lease is void. 12.HOLD HARMLESS.Tenant shall indemnify and hold harmless Landlord (and its officers, employees and agents) against and from any and all claims arising from Tenant’s (or any permitted subtenant’s or assignee’s) use of the Premises for the conduct of its business or from any activity, work, or other thing done, permitted or suffered by the Tenant in or about the Building, and shall further indemnify and hold harmless Landlord (and its officers, employees and agents) against and from any and all claims arising from any default in the performance of any obligation on Tenant’s part to be performed under the terms of this Lease, or arising from any act or negligence of the Tenant, or any officer, agent, employee, guest, or invitee of Tenant, and from all and against all costs, attorney’s fees, expenses and liabilities incurred in connection with any such claim or any action or proceeding brought in connection therewith, and, in any case, action or proceeding brought against Landlord by reason of any such claim. Tenant assumes all risk of damage to property or injury to person, in, upon or about the Premises, from any cause other than Landlord’s intentional misconduct, and Tenant waives all claims in respect thereof against Landlord.Landlord (and its officers, employees and agents) shall not be liable for (a) any damage to property entrusted to Landlord’s employees, nor for loss or damage to any property by theft or otherwise, nor for any injury to or damage to persons or property resulting 4 from any cause whatsoever, unless caused by Landlord’s intentional misconduct, (b) loss of business by Tenant, or (c) any latent defect in the Premises or in the Building. Tenant shall give prompt notice to Landlord in case of fire or other casualty, accidents, or items requiring maintenance, repair or replacement. 13.SUBROGATION.As long as their respective insurers so permit, Landlord and Tenant mutually waive their respective rights of recovery against each other for any loss insured by fire, extended coverage and other property insurance policies existing for the benefit of the respective parties. Each party shall obtain any special endorsement, if required by their insurer to evidence compliance with this waiver. 14.TENANT’S INSURANCE. (a)Throughout the Term Tenant shall keep in full force and effect, at its expense, a policy of commercial general liability insurance with respect to the Premises and the business of Tenant, including bodily injury, personal injury, and property damage, in amounts of no less than $1,000,000 per occurrence, $2,000,000 aggregate using current ISO General Liability forms or equivalent, on an occurrence basis, naming the Landlord as additional insured. The preceding insurance limits shall not reduce Tenant’s liability under this Lease. (b)Tenant shall, at its own costs and expense, maintain replacement cost insurance including (i) “all risk” coverage, with extended coverage endorsement, for the benefit of Tenant on all improvements within the Premises that Tenant is required to maintain, repair, and/or replace regardless of whether or not Tenant owns such improvements, and (ii) damage or loss to furniture, fixtures, equipment, machinery, goods, supplies or personal property which Tenant may bring upon the Premises or which may be furnished to Tenant by Landlord or any third party. (c)All of Tenant’s insurance policies shall be maintained with a carrier licensed to issue insurance in Minnesota and with an A rating or higher. (d)Tenant’s insurance policies shall provide that thirty (30) days written notice must be given to Landlord prior to cancellation thereof. Tenant shall furnish to Landlord proof of Tenant’s insurance policies, satisfactory to Landlord, prior to taking possession of the Premises and by January 15 of each calendar year during the Term. In addition, upon Landlord’s request from time to time, Tenant shall provide copies of Tenant’s then-current insurance policies, Landlord shall be named as an additional insured for liability insurance policies, and an additional insured and loss payee for property insurance policies, as applicable. As often as such policy or policies shall expire or terminate, renewal or additional policies shall be procured by Tenant in a like manner and to like extent and Tenant shall deliver evidence of such insurance renewal to Landlord prior to any such expiration or termination. 15.UTILITIES AND SERVICES.Landlord shall be responsible for furnishing heat, air conditioning and electricity to the Premises during the Term. Landlord shall not be liable for, 5 and Tenant shall not be entitled to, any reduction of rent or damages by reason of failure to furnish any of the foregoing services or utilities when such failure is caused by accident, breakage, repairs, strikes, lockouts or other labor disturbances or labor disputes of any character, or by any other cause, similar or dissimilar. Except as provided in this Section, Tenant shall be responsible, at its own expense, for its own office services, furniture, furnishings and equipment, including, without limitation, phone number/system, internet, computers, mailbox, mail service, desks, chairs, file cabinets, copier, fax, and the like, at its own expense. Tenant shall be responsible for its own janitorial services. Tenant shall also be responsible for collecting, removing and disposing of its garbage and recycling from the Premises. Tenant may desposit such garbage and recycling in the designated dumpsters and containers provided by the Landlord located on the west side of the Building, provided only customary office waste and recycling materials may be deposited in the Landlord’s dumpsters and containers. 16.RULES AND REGULATIONS.Tenant shall observe and comply with the rules and regulations that Landlord shall adopt from time to time (“Rules”). Rules shall be binding upon Tenant upon written notice to Tenant. 17.ENTRY BY LANDLORD.Landlord reserves and shall all times have the right to enter the Premises, inspect the same, supply any service to be provided by Landlord to Tenant under this Lease, to post notices of non-responsibility, and to alter, improve or repair the Premises and any portion of the Building that Landlord deems necessary or desirable, without abatement of rent. Without limiting the foregoing, Tenant acknowledges and agrees the Landlord shall have the right to periodically enter the Premises in order to access, via the Premises, the elevator maintenance room for the Building. Tenant waives any claim for damages or for any injury or inconvenience to or interference with Tenant’s business, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned by Landlord’s activities in the Premises. Tenant acknowledges that Landlord shall retain a key or fob with which to unlock all of the doors in the Premises and Landlord shall have the right to use any and all means which Landlord may deem proper to open said doors in an emergency or in order to obtain entry to the Premises for the purposes described in this Section, all without liability to Tenant. Any entry to the Premises obtained by Landlord by any of said means or otherwise shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an eviction of Tenant from the Premises. Nothing in this Section shall impose a duty upon Landlord to perform any maintenance, repairs or alterations within the Premises unless specifically required elsewhere in the Lease. 18.CASUALTY.If the Premises or the Building are damaged in whole or in part by fire or other casualty, Landlord shall have the right to terminate the Lease on thirty (30) days’ notice to Tenant. Landlord shall not be required to repair any damage to any Tenant improvements, decoration, fixtures, furniture, floor covering, partitions, personal property or other property installed or located in the Premises by Tenant resulting from any such fire or casualty. Tenant shall not be entitled to compensation or damages from Landlord for loss of the use of the whole or any part of the Premises or Tenant’s personal property, or any inconvenience occasioned by such damage, repair, reconstruction or restoration. 19.PARKING AREAS.Tenant shall have a non-exclusive right to use, in common with the public, the Building’s public parking facilities, as they exist from time to time, subject to any 6 rights, powers, and privileges reserved by Landlord under the terms of this Lease or under the terms of any Rules. Landlord reserves and may exercise the following rights without affecting Tenant’s obligations under this Lease: (i) to make changes to the parking facilities; (ii) to close temporarily any of the parking facilities for maintenance purposes so long as reasonable access to the Premises remains available; and/or (iii) to limit or otherwise restrict Tenant’s use of the parking facilities as may be deemed reasonable in Landlord’s discretion. 20.SIGNS.Tenant may not install any sign, lettering, picture, notice or advertisement on or in any part of the Premises or the Building without Landlord’s prior written consent. Tenant shall not have the right to have any sign on the exterior of the Building. Any sign on the exterior of the Premises identifying the Premises as the Tenant’s office shall state that the Tenant is “an independent non-profit organization and not a department of or affiliated with the City Government of Golden Valley”, or words of similar import approved by the Landlord. 21.STATUS OF LANDLORD AND TENANT.The Landlord and Tenant are not intended to become partners or joint venturers and nothing herein shall be construed or applied to constitute the Landlord and Tenant as partners or joint venturers. Further, nothing herein, shall grant the Tenant any authority to act on behalf of Landlord, and the Tenant shall at all times make apparent to third parties that Tenant does not have authority to act on behalf of the Landlord. 22.USE OF BUILDING’S ADDRESS.The Tenant may use the following as the mailing address for the Premises: “7800 Golden Valley Road, Suite 100, Golden Valley, Minnesota 55427”. The Tenant shall not use the words “City Hall” in any printed or electronic materials in reference to the Tenants’ place of contact, office or business. All printed and electronic materials within the Tenant’s direction or control, including without limitations web pages, mailings and letterhead, that contain the address of the Premises as the Tenant’s place of contact, office or business shall include a statement that the Tenant is “an independent non-profit organization and not a department of or affiliated with the City Government of Golden Valley”, or words of similar import approved by the Landlord. 23.DEFAULT.The occurrence of any one or more of the following events shall constitute a default of this Lease by Tenant: (a) the vacating or abandonment of the Premises by Tenant; (b) the failure by Tenant provide the Agreed Services; (c) an assignment or subletting by Tenant in violation of this Lease; (d) failure by Tenant to observe or perform any of the covenants, conditions or provisions of this Lease to be observed or performed by the Tenant; (e) the making by Tenant of any general assignment or general arrangement for the benefit of creditor(s); (f) the filing by or against Tenant of a petition to have Tenant adjudged a bankrupt, or a petition for reorganization under any law relating to bankruptcy or the appointment of a trustee or a receiver to take possession of substantially all of Tenant’s assets located at the Premises or Tenant’s interest in this Lease; or (g) the attachment, execution or other judicial seizure of substantially all of Tenant’s assets located at the Premises or of Tenant’s interest in this Lease. 24.REMEDIES UPON DEFAULT.Upon default of this Lease by Tenant, Landlord may at any time thereafter, take possession of the Premises and any personal property located thereon, and shall otherwise have all the remedies permitted by law. If Tenant does not move out, Landlord may bring an eviction action. Should Landlord at any time terminate this Lease for any 7 breach of this Lease by Tenant, in addition to any other remedies it may have, it may recover from Tenant all damages it may incur by reason of such breach, including the cost of recovering the Premises and reasonable attorney’s fees. No remedy under this Lease shall be deemed exclusive. All remedies under this Lease shall, wherever possible, be cumulative with all other remedies in this Lease. 25.GENERAL PROVISIONS. (a)Waiver. Waiver of any provision or default under this Lease must be in writing. No waiver of any provision of this Lease or default shall be implied from any failure of the other party to take any action on account of such default if such default persists or is repeated, and no written waiver shall affect any default other than the default specified in the express written waiver and only to the extent therein stated. One or more written waivers by Landlord or Tenant shall not be construed as a waiver of a subsequent breach of the same covenant, term or condition. The consent to or approval by Landlord of any act by Tenant requiring Landlord’s consent or approval shall not waive or render unnecessary Landlord’s consent to or approval of any subsequent similar act by Tenant. (b)Notices.Any notices required or permitted to be served hereunder shall be given in writing and shall be effective upon its deposit in the United States mails, postage prepaid, addressed as follows: If to Landlord: City of Golden Valley 7800 Golden Valley Road Golden Valley, MN 55427 Attn: City Manager If to Tenant Golden Valley Community Foundation ____________________ ____________________ or to such other place as either party shall designate by notice to the other party. (c)Headings.The headings in this Lease are not a part of this Lease and shall have no effect upon the construction or interpretation of any part of this Lease. (d)Successors and Assigns.The terms, covenants and conditions of this Lease shall be binding upon and inure to the successors and permitted assigns of the parties. (e)Recordation.Tenant shall not record this Lease. (f)Prior Agreements.The Lease contains all of the agreements of the parties with respect to any matter covered by this Lease, and no prior agreements or understanding pertaining to any such matters shall be effective for any purpose. No provision of this Lease may be amended except by an agreement in writing 8 signed by the parties or their respective successors in interest. This Lease shall not be effective or binding on any party until fully executed by both parties. (g)Invalid Provisions.The invalidity or unenforceability of any provision of this Lease shall not affect or impair the validity of any other provision. (h)Limitations on Liability.Landlord is not liable under any circumstances for Tenant’s lost opportunities, revenue or income, or for consequential, special, punitive or indirect damages of any kind. Notwithstanding anything to the contrary herein, nothing in this Lease shall be deemed to constitute a waiver of any of the Landlord’s governmental immunity defenses and/or the maximum liability limits provided in Minnesota Statutes Chapter 466 or any other applicable law limiting the liability of Landlord. (i)Choice of Law.This Lease shall be governed by the laws of the State of Minnesota. (j)Lease Construction.The parties acknowledge that each has read this Lease, consulted with an attorney regarding its terms, and agrees with its terms as though that party had drafted this Lease itself. The parties agree that although this Lease was, by necessity, printed and assembled by Landlord and drafted by Landlord’s attorney, this Lease reflects the terms as agreed to by the parties and that if a term or provision of this Lease is considered ambiguous, neither party will be considered the draft person for the purpose of causing the terms of this Lease to be construed against that party. (k)Counterparts.This Lease may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which shall constitute one and the same instrument. Delivery of an executed counterpart of a signature page of this Lease by facsimile transmission or electronic transmission (e.g., “pdf” or “tif”) shall be effective as delivery of an original executed counterpart of this Lease. (l)Exhibits. All exhibits referred to herein and attached hereto shall be deemed part of this Agreement. (m)No Third Party Beneficiaries.This Agreement creates no rights in any third parties, except as specifically stated. [SIGNATURE PAGE(S) ATTACHED] 9 IN WITNESS WHEREOF, the Landlord and the Tenant have caused this Lease to be executed in form and manner sufficient to bind them at law, as of the day and year first above written. Signed: Golden Valley Community Foundation, a Minnesota nonprofit corporation By: _____________________________ Print Name: ______________________ Its: _____________________________ Signed: City of Golden Valley, a Minnesota municipal corporation By ______________________________ Timothy J. Cruikshank, City Manager 10 EXHIBIT A FLOOR PLAN 11 (attached) EXHIBIT B List of Key Fob Recipients Key Fob Identification Number Tenant Representative 13 EXHIBIT C Building Hours Tenant shall have access to the Building on those days and during those hours Landlord makes the Building open to the public in accordance with its normal practices and procedures, which days do not include the following holidays: •New Year’s Day •Martin Luther King Day (3 rd Monday in January) •Presidents Day (3 rd Monday in February) •Memorial Day (last Monday in May) •Independence Day •Labor Day (first Monday in September) •Veterans Day •Thanksgiving Day (4 th Thursday in November) and the day after Thanksgiving Day •Christmas Eve Day (December 24 th) •Christmas Day (December 25 th) In addition, Tenant shall have access to the Building, via the Key Fobs, during the following Afterhours, provided there shall be no access to the Building during Afterhours that fall on one of the above referenced holidays: •Monday through Thursday, inclusive, from 5pm to 10pm. •Saturday and Sunday, from 8am to 1pm. A G E N D A Council/Manager Meeting Golden Valley City Hall 7800 Golden Valley Road Council Conference Room March 14, 2017 6:30 pm Pages 1. Comprehensive Plan Updates - Land Use (15 minutes) 2. Brookview Update (15 minutes) 3. Brookview Branding (30 minutes) 4. Commission Annual Reports: a. Bassett Creek Water Management Commission (15 minutes) b. Human Rights Commission (15 minutes) 5. Solar Project (20 minutes) Council/Manager meetings have an informal, discussion-style format and are designed for the Council to obtain background information, consider policy alternatives, and provide general directions to staff. No formal actions are taken at these meetings. The public is invited to attend Council/Manager meetings and listen to the discussion; public participation is allowed by invitation of the City Council. AGENDA Regular Meeting of the City Council Golden Valley City Hall 7800 Golden Valley Road Council Chamber March 21, 2017 6:30 pm 1.CALL TO ORDER PAGES A.Pledge of Allegiance B.Roll Call 2.ADDITIONS AND CORRECTIONS TO AGENDA 3.CONSENT AGENDA Approval of Consent Agenda - All items listed under this heading are considered to be routine by the City Council and will be enacted by one motion. There will be no discussion of these items unless a Council Member so requests in which event the item will be removed from the general order of business and considered in its normal sequence on the agenda. A.Approval of Minutes - City Council Meeting March 7, 2017 B.Approval of City Check Register C.Licenses: D.Minutes: 1. E.Bids and Quotes 1. Award Contract the 2017 PMP 2. Approve HVAC System Contract F.Approve Resolution Supporting No Parking Along Glenwood Avenue 4.PUBLIC HEARINGS A.Public Hearing - Ordinance # -Zoning Code Text Amendment Board of Zoning Appeals Bylaws Change (Youth Member) 5.OLD BUSINESS 6.NEW BUSINESS A.Second Consideration - Ordinance # - Board and Commission Addition of Youth Member B.METRO Blue Line LRT Update C.Announcement of Meetings 1. Future Draft Agendas:, City Council April 4, 2017, Council/Manager April 13, 2017 and City Council April 20, 2017 D.Mayor and Council Communications 7.ADJOURNMENT AGENDA Regular Meeting of the City Council Golden Valley City Hall 7800 Golden Valley Road Council Chamber April 4, 2017 6:30 pm 1.CALL TO ORDER PAGES A.Pledge of Allegiance B.Roll Call 2.ADDITIONS AND CORRECTIONS TO AGENDA 3.CONSENT AGENDA Approval of Consent Agenda - All items listed under this heading are considered to be routine by the City Council and will be enacted by one motion. There will be no discussion of these items unless a Council Member so requests in which event the item will be removed from the general order of business and considered in its normal sequence on the agenda. A.Approval of Minutes - City Council Meeting March 21, 2017 B.Approval of City Check Register C.Licenses: 1. D.Minutes: 1. E.Bids and Quotes 1. F. 4.PUBLIC HEARINGS A. 5.OLD BUSINESS 6.NEW BUSINESS A.Announcement of Meetings 1. Future Draft Agendas: Council/Manager April 13, 2017, City Council April 20 and May 2, 2017 B.Mayor and Council Communications 7.ADJOURNMENT