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agenda packet (entire) AGENDA Regular Meeting of the City Council Golden Valley City Hall 7800 Golden Valley Road Council Chamber July 15, 2008 6:30 p.m. The Council may consider item numbers 1, 2, 3, 4, 6 and 7 prior to the public hearings scheduled at 7:00 p.m. 1. CALL TO ORDER A. Roll Call B. Oath of Office - Police Officers Thomas Buffie, Jason Albers and Ryan Thiesen PAGES 2. ADDITIONS AND CORRECTIONS TO AGENDA 3. CONSENT AGENDA Approval of Consent Agenda - All items listed under this heading are considered to be routine by the City Council and will be enacted by one motion. There will be no discussion of these items unless a Council Member or citizen so requests in which event the item will be removed from the general order of business and considered in its normal sequence on the agenda. A. Approval of Minutes - City Council Meeting - June 17, 2008 and Council/Manager- July 8, 2008 B. Approval of Check Register C. Licenses: 1. Solicitor's License - ASI Contracting Inc. 2. Solicitor's License - Berkeshire Exteriors LLC 3. Solicitor's License - Pro-Pride Contractors 4. Solicitor's License - Sisters Camelot 5. Solicitor's License - Southwestern/Caleb's Educational Books 6. Gambling License Exemption and Waiver of Notice Requirement - Scott Carver Dakota CAP Agency, Inc. D. Minutes of Boards and Commissions: 1. Joint Water Commission - April 2, 2008 2. Bassett Creek Water Management Commission - May 15, 2008 E. Bids and Quotes: 1. Brookview Park Tennis Court and Lions Park Basketball Court - Bids F. Authorization to Sign Contract with Environmental Process, Inc., for Design and Construction observation Services for 2008 Building Maintenance Project G. Authorization to Sign Agreement with City of Crystal for TH 100 Pedestrian Bridge Lighting H. Appointment to Human Rights Commission 4. PUBLIC HEARINGS 7:00 PM A. Public Hearing - Preliminary Plat Approval - Janalyn Circle and Glencrest Road - DiGiacomo Homes, Applicant 5. OLD BUSINESS A. Continued Item - Authorization to Sign Amended PUD Permit - Calvary Lutheran Church - PUD #46 - Amendment #6 - 7520 Golden Valley Road 6. NEW BUSINESS A. Call for Public Hearing - Issuance of Revenue Bond - Community Involvement Programs Project - 8/6/08 B. Receipt of Human Rights Commission Bias/Hate Crime Policy C. Announcements of Meetings D. Mayor and Council Communications 7. ADJOURNMENT Public Jl~y Memorandu Police Department 763-593-8079 I 763-593-8098 (fax) Executive Summary For Action Golden Valley City Council Meeting July 15, 2008 Agenda Item 1. B. Oath of Office - Police Officers Jason Albers, Thomas Buffie and Ryan Thiesen Prepared By Stacy A. Altonen, Chief of Police Summary Officers Jason Albers, Thomas Buffie and Ryan Thiesen will be present to take their oath of office as Golden Valley police officers. Recommended Action Mayor Loomis administers the oath of office to Officers Jason Albers, Thomas Buffie and Ryan Thiesen. Regular Meeting of the City Council June 17, 2008 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Golden Valley, Hennepin County, Minnesota was held at 7800 Golden Valley Road in said City on June 17, 2008 at 6:30 p.m. The following members were present: Freiberg, Pentel, Loomis, Scanlon and Shaffer. Also present were: Thomas Burt, City Manager; Jeannine Clancy, Director of Public Works; Allen Barnard, City Attorney; and Judy Nally, Administrative Assistant. Approval of Aaenda MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve the agenda of June 17, 2008 as amended: addition of Proclamation for Juneteenth. Approval of Consent Aaenda MOVED by Pentel, seconded by SHaffer and motion carried unanimously to approve the items on the consent agenda as amended: removal of Solicitor's Licenses - Integrity Plus Home Exteriors and Authorization to Sign Amended PUD Permit - Calvary Lutheran Church - PUD #46 - Amendment #6 - 7520 Golden Valley Road and addition of Proclamation for Juneteenth. Mayor Loomis asked if any citizen requested an item be removed from the agenda. Shar Jesse requested Solicitor's Licenses - APX Alarm Security Solutions; Disaster Recovery Instantly, LLC; First Choice Construction of MN, Inc.; Fund for Public Interest Research; Grassroots Campaigns; Home Value Improvement; Homesure, Inc.; In-Ex Designs; Marshall Building & Remodeling LLC; Storm Pro Exteriors; Twin City Homeworks LLC; and Weatherguard Construction Co. Inc. be removed from the agenda. Mayor Loomis read the items listed on the consent agenda. * Approval of Minutes - City Council Meetina - Mav 20, 2008 MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve the City Council meeting minutes for May 20, 2008 as submitted. *Bills and Claims MOVED by Pentel, seconded by Shaffer and motion carried unanimously to authorize the payment of the City and Housing and Redevelopment Authority bills as submitted. Regular Meeting of the City Council June 17, 2008 Page 2 *Fireworks Permit - Melrose North Pyrotechnics. Inc. for Golden Valley Fire Relief Association Street Dance MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve the fireworks display permit for Melrose North Pyrotechnics, Inc. to discharge aerial fireworks at the Breck School baseball fields for the Golden Valley Fire Relief Association Street Dance on June 21, 2008. Solicitor's License - Integrity Plus Home Exteriors and Solicitor's License - APX Alarm Security Solutions; Disaster Recovery Instantly. LLC; First Choice Construction of MN. Inc.; Fund for Public Interest Research; Grassroots Campaigns; Home Value Improvement; Homesure. Inc.; In-Ex Designs; Integrity Plus Home Exteriors; Marshall Building & Remodeling LLC; Storm Pro Exteriors; Twin City Homeworks LLC; Weatherguard Construction Co. Inc. Council Member Freiberg had questions regarding the application submitted for Integrity Plus Home Exteriors. Allen Barnard answered questions from the Council. Shar Jesse, 743 Winnetka Avenue South, cautioned people about signing a contract for repairs the same day you talk to a salesperson and stated that the contractor doesn't have to meet with the insurance advisor. MOVED by Freiberg, seconded by Pentel and motion carried to approve the solicitor's licenses for APX Alarm Security Solutions; Disaster Recovery Instantly, LLC; First Choice Construction of MN, Inc.; Fund for Public Interest Research; Grassroots Campaigns; Home Value Improvement; Homesure, Inc.; In-Ex Designs; Integrity Plus Home Exteriors; Marshall Building & Remodeling LLC; Storm Pro Exteriors; Twin City Homeworks LLC; and Weatherguard Construction Co. Inc. MOVED by Pentel, seconded by Shaffer and motion carried to approve the solicitor's license for Integrity Plus Home Exteriors. Council Member Freiberg voted no. Staff was requested to put an article in a future city newsletter regarding peddler and solicitor licensing. *Minutes of Boards and Commissions MOVED by Pentel, seconded by Shaffer and motion carried unanimously to receive and file the minutes as follows: Planning Commission - May 28, 2008 Human Rights Commission - April 1 0, 2008 Human Services Foundation - May 12, 2008 Regular Meeting of the City Council June 17,2008 Page 3 *Authorization to Sign Contract with Stantec, Inc. for Pavement Condition Ratinq MOVED by Pentel, seconded by Shaffer and motion carried unanimously to authorize the City Manager to sign the agreement with Stantec, Inc. for pavement condition rating for $42,800. *Acceptance of Donation - Golden Valley Federated Women's Club for Concerts in the Park Series Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 08-29 RESOLUTION ACCEPTING DONATION FROM GOLDEN VALLEY FEDERATED WOMEN'S CLUB FOR CONCERTS IN THE PARK SERIES The motion for the adoption of the foregoing resolution was seconded by Member Shaffer and upon a vote being taken thereon, the following voted in favor thereof: Freiberg, Loomis, Pentel, Scanlon and Shaffer; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and her signature attested by the City Clerk. Authorization to Sign Amended PUD Permit - Calvary Lutheran Church- PUD #46 - Amendment #6 - 7520 Golden Valley Road Council Member Pentel had questions regarding the exterior and height of the columbarium's, fencing of the site; security, lighting and tree removal. Gordon Eid, Calvary Lutheran Church answered questions from the Council. Mark Grimes, Director of Planning and Development, Allen Barnard and Thomas Burt answered questions from the Council. MOVED by Shaffer, seconded by Pentel and motion carried unanimously to continue the Authorization to Sign Amended PUD Permit, Calvary Lutheran Church, PUD #46, Amendment #6,7520 Golden Valley Road until the July 1,2008 City Council meeting. Steve Dornbush, Pastor, Calvary Lutheran Church, offered to provide information to the Council regarding how other cities and churches have dealt with the addition of a columbarium on church property. Regular Meeting of the City Council June 17, 2008 Page 4 * Authorization to Extend Fire Relief Association Street Dance Hours MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve the extension of hours for the Golden Valley Fire Relief Association Street Dance to midnight on Saturday, June 21, 2008. *Proclamation for Juneteenth MOVED by Pentel, seconded by Shaffer and motion carried unanimously to adopt the Proclamation for Juneteenth, June 19, 2008. Public Item - 2007 National Pollution and Discharae Elimination System (NPDES) Phase II, Storm Water Pollution Prevention Plan, Annual Report to Minnesota Pollution Control Aaency AI Lundstrom, Environmental Coordinator, introduced the agenda item and answered questions from the Council. The Mayor opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. Hearing and seeing no one, the Mayor closed the public hearing. Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 08-30 RESOLUTION ISSUING A NEGATIVE DECLARATION OF NEED FOR REVISIONS TO THE STORM WATER POLLUTION PREVENTION PLAN The motion for the adoption of the foregoing resolution was seconded by Member Freiberg and upon a vote being taken thereon, the following voted in favor thereof: Freiberg, Loomis, Pentel, Scanlon and Shaffer; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and her signature attested by the City Clerk. Second Consideration - Ordinance #399 - Amendment to Chapter 1 Reaardina Providina Penalties for Fraudulent Statements and Amendments to Chapter 3 Reaardina Private Contractors Permitted to Perform Sanitary Sewer Service Inspections and Second Consideration - Ordinance #400 - Amendment to the Master Fee Schedule for Sanitary Sewer Inspections and Compliance Fees Jeannie Clancy stated after meeting with the City Attorney, staff is recommending the item be continued to the July 8 Council/Manager meeting. Regular Meeting of the City Council June 17,2008 Page 5 Second Consideration - Ordinance #399 - Amendment to Chapter 1 Regarding Providing Penalties for Fraudulent Statements and Amendments to Chapter 3 Regarding Private Contractors Permitted to Perform Sanitary Sewer Service Inspections and Second Consideration - Ordinance #400 - Amendment to the Master Fee Schedule for Sanitary Sewer Inspections and Compliance Fees - Continued MOVED by Pentel, seconded by Shaffer and motion carried unanimously to continue consideration of amendments to the Rules and Regulations Relating to Sanitary Sewer Service and Fees at the July 8, 2008 Council/Manager meeting. On Sale and Sunday Sale liquor License Renewals Thomas Burt introduced the agenda item. MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve the renewal of the On Sale and Sunday Sale liquor licenses for 2008-2009 license term unconditionally as listed below: On Sale and Sunday Sale Chipolte Mexican Grill of Colorado LLC d/b/a Chipotle Mexican Grill Webb Golden Valley LLC d/b/a Good Day Cafe Declaration of Hazardous Building - 6200 Olson Memorial Highway Mark Kuhnly, Chief of Fire and Inspection Services, introduced the agenda item and answered questions from the Council. Allen Barnard and Thomas Burt answered questions from the Council. MOVED by Shaffer, seconded by Scanlon and motion carried unanimously to order removal of the hazardous building at 6200 Olson Memorial Highway and direct staff to proceed pursuant to the order. Announcements of Meetings Some Council Members may attend the Retirement Party for Kris Tovson on June 19, 2008 at 4 pm at the Brookview Community Center. The Fire and Police Open House is June 18, 2008 from 6 to 8 pm at all Police/Fire buildings. The next Bassett Creek Water Management Commission will be held on June 19, 2008 at 11:30am. A Concert in the Park featuring Robbinsdale City Band will be held on June 19, 2008 at 7 pm at Brookview Park. Regular Meeting of the City Council June 17, 2008 Page 6 Announcements of Meetings - Continued The Fire Department Street Dance is June 21,2008 at the American Legion. The Douglas Drive Antique Road Show will be held on June 21, 2008 at 1 :30 pm at The Heathers. A Concert in the Park featuring Tubby Esquire will be held on June 23, 2008 at 7 pm at Brookview Park. A Joint Environmental Commission, Planning Commission and City Council Meeting will be held on June 23, 2008 from 6 to 7 pm. The Board/Commission Recognition Dinner will be held on June 25, 2008 at 6:30 pm at the Brookview Community Center. A Concert in the Park featuring Golden Valley Orchestra will be held on June 9,2008 at 7 pm at Brookview Park. The next Council/Manager meeting will be held on June 10, 2008 at 6:30 pm. A Concert in the Park featuring Celebration Brass will be held on June 16, 2008 at 7 pm at Brookview Park. A Concert in the Park featuring John Philip Sousa Band will be held on June 30, 2008 at 7 pm at Brookview Park. The next City Council meeting will be held on July 1, 2008 at 6:30 pm. The City offices will be closed on July 4 in observance of Independence Day. Mayor and Council Communications Mayor Loomis updated the Council on the Bridge Builders meeting and stated the date for planting lilacs and other bushes along Highway 55 from Winnetka Avenue to General Mills Boulevard is September 20, 2008 at 9 am. Council Member Pentel would like to discuss at a future Council/Manager meeting a policy regarding the receiving and filing of email communications. Adiournment The Mayor adjourned the meeting at 7:48 pm. Linda R. Loomis, Mayor ATTEST: Judy Nally, Administrative Assistant Council/Manager Meeting Minutes July 8, 2008 Present: Mayor Loomis and Council Members Pentel, Scanlon and Shaffer. City Manager Tom Burt, Senior Coordinator Jeanne Fackler, Public Works Director Jeannine Clancy, Director of Planning and Development Mark Grimes, Police Chief Stacy Altonen, City Attorney Allen Barnard and Assistant City Manager Jeanne Andre. The meeting began at 6:55 pm in the Council Conference Room. 5 Cities Transportation Program 5 Cities Transportation Coordinator Rita DeBruyn and Golden Valley Seniors Sylvia Nelson and Sophia Buegen were at the meeting to explain the program and how it benefits seniors and provides opportunities for social interaction and transportation that allows them to live independently. They distributed a sample schedule of trips and a brochure explaining how the program works. They asked the Council to continue its financial contributions to the program. Proposed Ordinance Amendments - Private Contractors Permitted to Perform Sanitary Sewer Service Inspections and Related Fee Schedule Allen Barnard provided background on the proposed amendment to Sections 3.30 and 3.31 of the City Code, Rules and Regulations Relating to Sanitary Sewer Service and Contractual Contents. The Council, after its first consideration of the amendment allowing private contractors to undertake required inspections, asked the staff to prepare further changes to the scope of permitted regulations. Allen Barnard suggested reasons why the Council might wish to maintain certain regulations even if there is not staff time or Council desire to enforce the regulations except for special cases. Tom Burt noted that if Golden Valley is unable to meet the threshold of reduced inflow and infiltration (I & J) set by the Metropolitan Council, the City may have to expand the scope of enforcement of regulations on this issue. He suggested that the Council could determine the level of staff enforcement each year during budget discussions. The Council requested a copy of the flow data that the Metropolitan Council sends to its communities. Allen Barnard reported that the revised ordinance may also clarify language related to aiding and abetting circumvention of the ordinance and clarifying the requirement to repair of lateral services. Staff will prepare ordinance amendments, circulate them to the Council and set consideration of the ordinance amendment for an upcoming Council Meeting. Enforcement of Inflow and Infiltration Regulations Jeannine Clancy reported that staff is aware of a number of properties which have not complied with regulations related to repair of sewers prior to sale of the property. The ordinance stipulates that the seller, realtor and buyer are all responsible for assuring that the regulations have been followed. The City's prosecuting attorney will initiate prosecution on the identified cases. This misdemeanor infraction calls for a fine of up to $750 in additional to compliance with necessary inspections and repairs. Extension of Subdivision Development Agreement - 4736 Glenwood Avenue Mark Grimes reported that the subdivision for this property was approved around two years ago, subject to a Development Agreement. The agreement, following state law, Council/Manager Meeting Minutes July 8, 2008 - Page 2 provides that the property owner is grandfathered to allow development under zoning laws in effect at the time of subdivision approval, for a period of two years. Since this subdivision was approved, the applicable zoning provisions of the City Code have been amended. On August 1 the grandfathered provisions of the Development Agreement will expire and the property owner will be required to follow current code provisions regarding lot development. The owner has been unable to sell the lot and has asked for an indefinite extension to the provision allowing for development under the zoning provisions in effect at the time the subdivision was approved. The owners believe that the size and shape of the lot would be difficult to develop under the current zoning provisions. After some discussion the Council directed staff to draft an amendment to the Subdivision Agreement allowing for a two-year extension to the grandfathered provisions (only for the new, vacant lot), to be presented for formal consideration at an upcoming Council Meeting. Proposed Ordinance Amendment - Lawn Maintenance Violations and Phosphorous Fertilizers Jeannine Clancy explained that recent changes in state law banning fertilizer with phosphorous have made obsolete provisions in City Code Section 10.52, Prohibition Regarding Phosphorous Containing Fertilizers. She recommends rescinding this section of the City Code. Also, in administering City Code Section 10.51, Lawn Maintenance, her staff has developed suggested amendments to the ordinance that would allow staff to address complaints about overgrown lawns in a more timely way. Staff recommends a five-day period for compliance from the date of the notice instead of seven and that staff be allowed to mitigate a confirmed complaint at a property without further notice after two notices in a twelve month period. Council discussed these recommendations and suggested that Section 10.52 be retained with a focus on correct application of fertilizers and pesticides, removing the reference to fertilizers with phosphorous. Regarding lawn maintenance, they recommended retaining the seven-day notice for the initial compliance letter, and reducing it to five for the second violation in a twelve-month period. Council Members supported discontinuing individual notice after the second violation in a twelve-month period and suggested that the fee be doubled for the third and any additional violations in a twelve-month period. Staff recommended that changes in the fee structure be part of the fee resolution for 2009. 2008 Building Maintenance Projects At a previous Council Meeting the Council requested further information regarding building improvements for the Brookview Community Center recommended by staff. Jeannine Clancy introduced Chuck Lane of Environmental Process, Inc., who was hired to help prioritize building improvement projects recommended in the 2006 Wold Facility Analysis. He noted that his prioritization emphasized municipal buildings to which the public is invited and those items which address life and safety and ADA (American's with Disabilities Act) requirements. The Council suggested that the best approach to correcting deficiencies at Brookview would be to replace the building. They requested staff to keep improvements to Brookview to those minimal life safety issues that could not be deferred. They requested Council/Manager Meeting Minutes July 8, 2008 - Page 3 staff to report to them on possible financing options for replacing Brookview at its current size and scope of activities, with the possible addition of youth meeting space. Crime Free Housing Council Member Scanlon has investigated tools used by nearby communities such as St. Louis Park, Brooklyn Center and Brooklyn Park undertaken as Crime Free Housing initiatives. Stacy Altonen reviewed some of the options included in the agenda packet, such as mandatory training for landlords, required background checks for tenants, and required lease provisions related to eviction of tenants convicted of felony crimes. Another option she highlighted is a three-strikes lease provision that allows eviction after police calls for three nuisance violations, with various interim steps to allow the tenant to improve offending behaviors. An alternative approach is to revoke the rental license when there are three strikes. She noted that some of these provisions could be adopted by Golden Valley with minimal additional cost due to the existing framework of landlord meetings. The main issue would be refining police call records to adequately identify those calls that impede livability. After some discussion the Council suggested that staff first try to work with existing Code provisions for nuisance calls and determine if additional regulatory tools are needed. 2009 General Fund Proposed Budget Staff addressed Council questions regarding the Mayor/Council, City Manager, Transfers Out, Administrative Services, Legal and Insurance budgets. He reported that staff from other departments would be at the next Council/Manager Meeting to review the rest of the budget. He noted that staff is still researching whether Golden Valley is eligible to special levy for police and fire services under the current levy-limit provisions. Staff will recommend additional cuts to the Council before the maximum levy is set by the Council in September. The meeting adjourned at 9:45 pm. Jeanne Andre Administrative City Manager alley Me n Finance 763-593-8013/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting July 15, 2008 Agenda Item 3. B. Approval of City Check Register Prepared By Sue Virnig, Finance Director Summary Approval of check regi~ter for various vendor claims against the City of Golden Valley. I Attachments Loose in agenda packet. Recommended Action Motion to authorize the payment of the bills as submitted. Hey mo nd m City Administration/Council 763-593-8002/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting July 15, 2008 Agenda Item 3. C. 1. Solicitor's License - ASI Contracting Inc. Prepared By Christine Columbus, Administrative Assistant Summary As per City Code, any individual or group intending to go door-to-door within the City selling products, taking orders or soliciting for business or donations must be licensed by the City to do so. Attachments Peddler/Solicitor License Application (2 pages) Recommended Action Motion to approve the solicitor's license for ASI Contracting Inc. '. Application and fee must be submitted to the City Manager's Office the Wednesday prior to the City Council Meeting. Council Meetings are normally held the first and third Tuesday of each month. PEDDLER/SOLICITOR LICENSE APPLICATION , C)O TO: Golden Valley City Council Fee Paid: $ SO;;-- 7800 Golden Valley Road Number. of Persons: 5 .. Golden Valley, MN 55427 Type of License Requested: So ~ clJ Enclose the sum of $ ,q) for S- (number) peddlers/solicitors as required by City Code of the City of Golden Valley and have complied with all the requirements of said Code necessary for obtaining this license. (Bf~~ndiv~'1for;;;tr'~ed) J/1 (]. . ~ t.).;J~ A/.e.>Jb R6~h~~ ~'" SS-4~Q (Address, including City, State and Zip Code) 'J l o~ . J R.3 ~ ::s ~~s..- (Telephone Number, including Area Code). NOW, THEREFORE, ~ wiv.::bl- hereby makes application for the ,J (A lic~t Name) period of ~ / 6/ c)~ugh 6/30/0 subject to the conditions and provisions of said City Code. -AP:- q)-~ HI L/?, (' (PHoto 10 Verification) REQUIRED LICENSE INFORMATION Applicant 11f different from abo~e): . \ Name ~~ l..lC1QtL>l.5 Address ~l (D. t:hQSA. Si-: ~;~; e..ld I )"y\O . l rStr lJ~ (Include City, Stat d Zip Code) Telephone Number (including area code) Date of Birth (if an individual) t-;;;;J-) _ .s'} Business Name of Applicant Address (Include City, State and Zip Code) :::I?\ I!..or~Y- ~ LY"\ (Corporation, Proprietorship, Pa~nership, etc.; State of Incorporation) Description of goods or services for sale (include prices) or indicate if soliciting donations. If more space is needed, attach additional sheets (be specific): ~~ ~ 5)j./ {)'j Define Business NOTE: If the products for sale are changed or modified, you must give the City complete information regarding such change or modification. If the Peddler or Solicitor is so engaged on behalf of an organization, supply: Name of Organization ~ ~tL2~~ ~) n C1- , Address of Organization (Include City, State and Zip Code) Telephone Number (Including Area Code) Define Business (Corporation, Proprietorship, Partnership, etc.; State of Incorporation) List the names and addresses of EACH person who will be peddling or soliciting on behalf of said organization in the .City, or,in the alternative, the name, address and telephone number or numbers where a responsible person of said organization will maintain a list of names and addresses of all persons engaged in peddling or soliciting in the City: / -::Yx:>~ Eo) lA.?cvcLs ( ~ ) Re--th FYn,--H h-e...,? LQ~ ~-e-ll.pv- ~IA~ (If more space is needed, attach additional sheets) STATE OF mINNf~()m- ) ) ss. COUNTY OF Ht~Nf.'IN ) I, <~~c~rftn~i~t)~ ~+'t' ~ of liST T'/1 C , (Name of Organization) being first duly sworn, depose and say that all the foregoing information is true to his/her own knowledge except as to matters therein stated on information and belief, and as to such matters, he/she believes them to be true. ,2oL. JUDITH A. NALLY NOTARY PUBLIC - MINNESOTA My Commission Expires Jan. 31,2010 Hey morandum City Administration/Council 763-593-8002/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting July 15, 2008 Agenda Item 3. C. 2. Solicitor's License - Berkeshire Exteriors LLC. Prepared By Christine Columbus, Administrative Assistant Summary As per City Code, any individual or group intending to go door-to-door within the City selling products, taking orders or soliciting for business or donations must be licensed by the City to do so. Attachments Peddler/Solicitor License Application (2 pages) Recommended Action Motion to approve the solicitor's license for Berkeshire Exteriors LLC. Application and fee must be submitted to the City Manager's Office the Wednesday prior to the City Council Meeting. Council Meetings are normally held the first and third Tuesday of each month. PEDDLER/SOLICITOR LICENSE APPLICATION TO: Golden Valley City Council Fee Paid: $ ~O c;!t- 7800 Golden Valley Road Number. of persons::J / Golden Valley, MN 55427 Type of License Requested: >O~Y& Enclose the sum of $ 50 for' 'I (number) peddlers/solicitors as required by City Code of the City of Golden Valley and have complied with all the requirements of said Code necessary for obtaining this license. g~/eKt!'sA~ ~xle/tI'~Af LLc (Business or Individual Name to be Licensed) :2~IYI /001<( r /1/E SfA.;k J.J ~ I (Address, including City, State and Zip Code) 7{,3" tt..1~-037~ (Telephone Number, including Area Code) NOW, THEREFORE, G:.d'J. jj,,~ hereby makes application for the J 7\pplicant N me) period of . 711''p~rough 6/30/Q!j. subject to the conditions and provisions of said City Code. <2,...::: (Signature of Ap Iicant/Principal Officer) ---- ;)i, SG6 II 0 ~ ID Verification) REQUIRED LICENSE INFORMATION Applicant (if different from above): Name Address (Include City, State and Zip Code) Telephone Number (including area code) Date of Birth (if an individual) Business Name of Applicant ~~l'" S h,ru- Ex ~ [OILS L..L C. Address ,2 r~ I /w tJ{ C-f JI F . ~~ I ~ V, RJevn ~ ~. #/IY 5"".s-Y~" (Include City, State and Zip Code) Define Business L,}t11-'- krJ ).,'>.. 6; Ii L~c . (Corporation, Proprietorship, Pa nership, etc.; State of Incorporation) Description of goods or services for sale (include prices) or indicate if SOliciti~d9nations. If mo~ space is needed, attach additional sheets (be specific): Roo f1~ I~; /~ ( WI/! ~W.r, 6" I/tv NOTE: If the products for sale are changed or modified, you must give the City complete information regarding such change or modification. If the Peddler or Solicitor is so engaged on behalf of an organization, supply: Name of Organization SeJt, f~f ~ /'fL,t. Ex ~ 1(2)f, ~ :z:. <::: c.. Address of Organization -IGe cQ. 9 S / /00 ~L C t /liE" ~ (Include City, State and Zip Code) /l(., gk/A~ ~ , ~<H' Telephone Number (Including Area Code) /~ .1-0/3:1. -12:1) ~ Oefine Business ..((~~n1~~o~~~ pa~~~te o~:~oratiOn) List the names and addresses of EACH person who will be peddling or soliciting on behalf of said organization in the City, or, in the alternative, the name, address and telephone number or numbers where a responsible person of said organization will maintain a list of names an~ addresses of all pE;rsons engaged in peddling or soliciting in the Cit : I c... heW II" c J vcA 11<:" ~ LJ4:? R teh '10 if ~ >) 5~1'.n- PJ ~Il PI. e cl I' () ~'k -#~/{, rl 14-J: MAl rs- ~ l. - !ohra,.-, fkcJ.~ ~/I.()rX''''~fI,I ~~.JI' ~ PI'1~.._ti I nt~ S'":<\yye ~h 014-1-~ (,llIO ~MwtI(J,.I k -; 'II/I, f/y~~ I /11171 S-5#}'~~ /Y1fchllel f'IltlU!.ilUt Ci / '-10 tfi.t,ltWrJ,,'/ A^ _'11/', flynwk bl / I'h/V >5"9~ <- :roll n~ 1Io~ (If more space is needed, attach additional sheets) STATE OFtll'f'JlViS~ ) ) ss. COUNTY OF ftt,I\1JJZ1>1N ) I, C.y~ ~ ~~~S ( fficer/lndividual) of ~"'~e. -s"'-)( (" r; 'K:,~';~ s.. (Name of Organization) being first duly sworn, depose and say that all the foregoing information is true to his/her own knowledge except as to matters therein stated on information and belief, and as to such matters, he/she believes them to be true. ~~~2Ioo ) Igna ure 0 pp Ican r clpa leer JUDITH A. NAllY NOTARY PUBLIC - MINNESOTA My Commission Expires Jan. 31, 2010 Hey Memorandum City Administration/Council 763-593-8002 I 763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting July 15, 2008 Agenda Item 3. C. 3. Solicitor's License - Pro-Pride Contractors Prepared By Christine Columbus, Administrative Assistant Summary As per City Code, any individual or group intending to go door-to-door within the City selling products, taking orders or soliciting for business or donations must be licensed by the City to do so. Attachments Peddler/Solicitor License Application (2 pages) Recommended Action Motion to approve the solicitor's license for Pro-Pride Contractors. " Application and fee must be submitted to the City Manager's Office the Wednesday prior to the City Council Meeting. Council Meetings are normally held the first and third Tuesday of each month. TO: Golden Valley City Council 7800 Golden Valley Road Golden Valley, MN 55427 PEDDLER/SOLICITOR LICENSE APPLICATION , O 0 c.J. /.,0 Fee Paid: $.~ -, Number. of Persons: ~$ ~ ~ Type of License Requested: P~OTJLe (,.fi,j.JA ~"11 Enclose the sum of $ ~ for I (number) peddlers/solicitors as required by City Code of the City of Golden Valley and have complied with all the requirements of said Code necessary for obtaining this license. 1-AvJ~~fA.. 5G/~ ~1\J2--1 pflj.;?rirk. Confrad0t3 (Business or Individual Name to be Licensed) '716'-( I3knoKLYN 1!>LvD BfttJDKLYtJtAR'KJ '1,J ~5ZfLJ5 (Address, including City, State and Zip Code) , 1) 163 -sit -IJ-.gO$ M..t5'J -~S'1"'" lt1~f:LL It 31./7 7 fo~O (Telephone Number, including Area Code) NOW, THEREFORE, l..A\N~~ A - .5</J'-.A-1l.1Z- hereby makes application for the /; ~ (Applicant Name) period of 0'1 6 o(j through 6/30/01 I subject to the conditions and provisions of said City Code. ~- .):L - S/'i:,;;)...-5;ulf-.;xJ7 7 (Signature of Applicant/Principal Officer) (Photo 10 Verification) REQUIRED LICENSE INFORMATION Applicant (if different from above): Name Address (Include City, State and Zip Code) Telephone Number (including area cftdi) , I 11 Date of Birth (if an individual) O.L_ DLf I ~ t.f b f , Business Name of Applicant ]RD -- ~ CD ~-r/UJGff)t.5 Address 716i.f BRool~YP {3L\.JD. fJRooJ..L{'N fA'(\}: 1 MN ~9ILfS (Include City, State and Zip Code) Define Business >6-~ L. :!>M J..It:;T'QA- orporatio , Proprietorship, Pa~nershipl etc.; State of Incorporation} Description of goods or services for sale (include prices) ~ indicate if soliciting donations. If more space is needed, attach additional sheets (be specifiC): ~'l}aPJ y0t I 51 DryJ6-. .f} Jr-r'lt\J,"- 5}J~;ff1\) 1 vJJ ~~) 1J17D-R.~ t" ~Jcl R~) YlS A -~ 5-j)~ I I ~ I M'ft(tQ}t ~f1>;,~ NOTE: If the products for sale are changed or modified, you must give the City complete information regarding such change or modification. If the Peddler or Solicitor is so engaged on behalf of an organization, supply: Name of Organization JOJvO - fBJJ)f 6o~JUte:rb~S" Address of Organization 11' ~ BJ<(J(f)<L'if)f>t,\1i>, gJ.oo~L"i~to1t)(..t'" ~ SrWr; ~ .. , - (Include City, State and Zip Code) Telephone Numb~r Oncluding Area], CQpet , 7 C7a /J63-Stt -~()ff 'OIL 65" Lfg, f:r 0' Define Business List the names and addresses of EACH person who will be peddling or soliciting on behalf of said organization in the City, or, in the alternative, the name, address and telephone number or numbers where a responsible person of said organization will maintain a list of nl,mes and addAsses of all persons engaged in p~ddJin.g or SOlicitigQ.l.D, the ClW:. I, jA J r'rflur ~~f: "5'-JJ'v-IftfIiR 1Cf6 ~ ... B':ODKL:ll'r (JL vlJ ~"?L-{jJ rlrr~f\ JV)'N ::J~7'v (If more space is needed, attach additional sheets) STATE OF (h/wfllJtfft ) 140 ) ss. COUNTY OF IK,IIIttf'f-.., ) I, L~~ ~. $z.,1.lv:A,,12- (Officer/lndividual) Of~Pft.t~ G~JAcroU " (Name of Organization) being first duly sworn, depose and say that all the foregoing information is true to his/her own knowledge except as to matters therein stated on information and belief, and as to such he/she believes them to be true. (Signature of Applicant/Principal Officer) Subscribed and sworn to before me this fa ,20af JUDITH A. NALLY NOTARY PUBLIC - MINNESOTA My Commission Expires Jan. 31, 2010 alley emorandum City Administration/Council 763-593-8002/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting July 15, 2008 Agenda Item 3. C. 4. Solicitor's License - Sisters Camelot Prepared By Christine Columbus, Administrative Assistant Summary As per City Code, any individual or group intending to go door-to-door within the City selling products, taking orders or soliciting for business or donations must be licensed by the City to do so. Attachments Peddler/Solicitor License Application (2 pages) Recommended Action Motion to approve the solicitor's license for Sisters Camelot. " Application and fee must be submitted to the City Manager's Office the Wednesday prior to the City Council Meeting. Council Meetings are normally held the first and third Tuesday of each month. PEDDLER/SOLICITOR LICENSE APPLICATION c 00 TO: Golden Valley City Council Fee Paid: $ J 0, 7800 GoldenValley Road Number. of Persons: (t · Golden Valley, MN 55427 Type of License Requested: ,S6{U:.r-f.,rs Enclose the sum of $ SO. 0 {) for 8' (number) peddlers/solicitors as required by City Code of the City of Golden Valley and have complied with all the requirements of said Code necessary for obtaining this license. St'~ierJ C~/o+ ... (Business or Individual Name to be Licensed) '3 6l/ Of fuca 0 O-vc.., S. (Address, including Cit , State and Zip Code) - "7 tl6 - 305 ( Telephone Number, including Area Code) NOW, THEREFORE,rfiGha.e-f .fJI J:..t~ hereby makes application for the ~ (Applicant Name) period of 7. /6.0 through 6/30/0 0" subject to the conditions and provisions of said City Code. ~J- (Signature of Applicant/Principal Officer) 01$ /W S J- l-1()6 Z 136Z~:rq LbO 10 (Photo 10 Verification) REQUIRED LICENSE INFORMATION Applicant (if different from above): Name Address (Include City, State and Zip Code) Telephone Number (including area code) Date of Birth (if an individual) Business Name of Applicant Address (Include City, State and Zip Code) Define Business (Corporation, Proprietorship, Pa~nership, etc.; State of Incorporation) Description of goods or services for sale (include prices) or indicate if solic!ting 30nations..lf more space is needed, attach additional sheets (be specific): Sa hd/ntlj (7JO fla:nOr}) NOTE: If the products for sale are changed or modified, you must give the City complete information regarding such change or modification. If the Peddler or Solicitor is so engaged on behalf of an organization, supply: Name of Organization .5,'810-'3> (' ~elo t Address of Organization X qq CI><'ca;/ ;11/{, S fi~~~~ S5~/()6 (Include Ci y, State and Zip Code) Telephone Number (Including Area Code) ~r 2 ~ 7 '/& - .3 f)-5-; Define Business So 1< C 3 /-J~ - jOn:Pr;f- (Corporation, Proprietorship, Partnership, etc.; State of Incorporation) List the names and addresses of EACH person who will be peddling or soliciting on behalf of said organization in the City, or, in the alternative, the name, address and telephone number or numbers where a responsible person of said organization will maintain a list of names and addresses of all persons engaged in peddling or soliciting in the City: ,./1 i;'~ F( / A ~J1, '3 .' VJt7f/o.~ [4J,Iov~,1 O/~~ 13 ~ok-s J f0n-Bvt ~f~ 7 Den ~vt -;;(&.:2r~, 13~dOVt S/D:JWtc. 1 Oo.vfM te6r(. \ C/;re!~A--/lsol1. v f ' f (If more space is needed, attach additional sheets) STATE OF /h11V IVtsD1A- ) ) ss. COUNTY OF Hf,AJNf!>/fI ) 1,./fJdt~1 -f(!J(~5 (Officer/Individual) of S/s1-U'3 ~/<J+- (Name of Organization) being first duly sworn, depose and say that all the foregoing information is true to his/her own knowledge except as to matters therein stated on information and belief, and as to such matters, he/she believes them to be true, fl~ ~~ v(Signature of Applicant/Principal Officer) Subscribed and sworn to before me this ,2oL. JUDITH A. NALLY NOTARY PUBLIC - MINNESOTA My Commission Expires Jan. 31,2010 Hey Memorandum City Administration/Council 763-593-8002 I 763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting July 15, 2008 Agenda Item 3. C. 5. Solicitor's License - Southwestern/Caleb's Educational Books Prepared By Christine Columbus, Administrative Assistant Summary As per City Code, any individual or group intending to go door-to-door within the City selling products, taking orders or soliciting for business or donations must be licensed by the City to do so. Attachments Peddler/Solicitor License Application (2 pages) Recommended Action Motion to approve the solicitor's license for Southwestern/Caleb's Educational Books. " , Application and fee must be submitted to the City Manager's Office the Wednesday prior to the City Council Meeting. Council Meetings are normally held the first and third Tuesday of each month. PEDDLER/SOLICITOR LICENSE APPLICATION TO: Golden Valley City Council Fee Paid: $ ;; 0 7800 Golden Valley Road Number. of Persons: ---1 Golden Valley, MN 55427 Type of License Requested: S.,.i,'c,-iov ') Enclose the sum of $ 3D for l (number) peddlers/solicitors as required by City Code of the City of Golden Valley and have complied with all the requirements of said Code necessary for obtaining this license. Let~), k.!ftJSvuitvvd(/'1 (Business or Individual Na to be Licensed) '2611 7JjJb CloV'if (~~c. \~) f-A.~} Jl,{,N <;;~5 fo C.( (Address, including City, State and Zip Code) 20(- "16 - 7~b L- (Telephone Number, including Area Code) NOW, THEREFORE, Let teb ~I ~ hereby makes application for the ......,/'1 f^(/ (Applicant N~e) period of ~ through 6/30/~ subject to the conditions and provisions of said City Code. ~~ (Signature of Applicant/Principal Officer) ~:5 K LlL( frio (Photo ID Verification) /0700 IR:-O, ~ REQUIRED LICENSE INFORMATION Applicant (if different from above): Name Address (Include City, State and Zip Code) Telephone Number (including area code) Date of Birth (if an individual) 1/71 f\ or Business Name of Applicant Cet~1r5 EJkWIOt..t~ ~()~ ") Address (Include City, State and Zip Code) Cy for,J:~ (Corporation, Proprietorship, Pa~nership, etc.; State of Incorporation) Description of goods or services for sale (include prices) or indicate if soliciting donations. If more space is needed, attach additional sheets (be specific): @wJ-l'Oko.t '5tw1j ~ l{ 1~5 /(~a~) ~ )~ ~tL? Define Business NOTE: If the products for sale are changed or modified, you must give the City complete information regarding such change or modification. If the Peddler or Solicitor is so engaged on behalf of an organization, supply: Name of Organization Address of Organization (Include City, State and Zip Code) Telephone Number (Including Area Code) Define Business (Corporation, Proprietorship, Partnership, etc.; State of Incorporation) List the names and addresses of EACH person who will be peddling or soliciting on behalf of said organization in the City, or, in the alternative, the name, address and telephone number or numbers where a responsible person of said organization will maintain a list of names and addresses of all persons engaged in peddling or soliciting in the City: (If more space is needed, attach additional sheets) STATE OF rn IN tJfSo1J'r ) . 1 ) ss. COUNTY OF W{.AJ Jlf.P /,'" ) I, L"'l kb /::-t~ (Officer/lndiv@al) of 5~,-'€~~v~ (Name of Organization) being first duly sworn, depose and say that all the foregoing information is true to his/her own knowledge except as to matters therein stated on information and belief, and as to such matters, he/she believes them to be true. c,~ tf;. (Signature of Applicant/Principal ff er) Subscribed and sworn to before me this ,200c::r; . a,~ JUDITH A. NALLY NOTARY PUBLIC - MINNESOTA My Commission Expires Jan. 31,2010 alley Memorandum City Ad m i n istration/Cou nci I 763.593.8006/763.593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting July 15,2008 Agenda Item 3. C. 6. Gambling License Exemption and Waiver of Notice Requirement - Scott Carver Dakota CAP Agency, Inc. Prepared By Judy Nally, Administrative Assistant Summary The CAP Agency assists and empowers people to achieve social and economic well being by providing services in partnership with our communities. As per State Statute organizations that conduct gambling within the City limits have to submit an application for a lawful gambling permit to the State after the permit has been approved or denied by the City. Depending upon the timing of the permit the applicants may request the City to waive the 30- day waiting period. Attachments Application for Exempt Permit (2 pages) Letter from Scott Carver Dakota CAP Agency, Inc. requesting waiver of 30 day waiting period (1 page) Recommended Action Motion to receive and file the gambling license exemption and approve the waiver of notice requirement for Scott Carver Dakota CAP Agency, Inc. Minnesota La.wiuLGambling Page 1 of 2 6/08 LG220Application for Exempt Permit For Board Use Only An exempt permit may be issued to a nonprofit organization that Fee is $50 for Check # . conducts lawful gambling on five or fewer days, and . awards less than $50,000 in prizes during a calendar year. each event $ ORGANIZATION INFORMATION Organization name Previous gambling permit number Scott Carver Dakota CAP Agency, Inc. Type of nonprofit organization. Check (V) one. o Fraternal D Religious o Veterans [] Other nonprofit organization Mailing address I City StatelZip Code County 712 Canterbury Road Shakopee Minn. 55379 Scott Name of chief executive officer (CEO) Daytime phone number . Mary Sullivan 952-496-2125 ATTACH A COpy OF ONE OF THE FOLLOWING FOR PROOF OF NONPROFIT STATUS * Do not attach a sales tax exempt status or federal 10 employer numbers as they are not proof of nonprofit status. _' Nonprofit Articles of Incorporation OR a current Certificate of Good Standing. Don't have a copy? This certificate must be obtained each year from: Secretary of State, Business Services Div., 180 State Office Building, St. Paul, MN 55155 Phone: 651-296-2803 _xlnternal Revenue Service -IRS income tax exemption [501 (c)J letter in your organization's name. Don't have a copy? To obtain a copy of your federal income tax exempt letter, have an organization officer contact the IRS at 877-829-5500. _Internal Revenue Service. Affiliate of national, statewide, or international parent nonprofit organization (charter) If your organization falls under a parent organization, attach copies of QQ1h of the following: a. IRS letter showing your parent organization is a nonprofit 501(c) organization with a group ruling, and b. the charter or letter from your parent organization recognizing your organization as "! subordinate. _Internal Revenue Service. proof previously submitted to Gambling Control Board If you previously submitted proof of nonprofit status from the Internal Revenue Service, no attachment is required. GAMBLING PREMISES INFORMATION Name of premises where gambling activity will be c.onducted (for raffles, Iistthe site where the drawing will take place) The Metropolitan Ballroom and Clubroom Address (do not use PO box) I City I Zip Code I County 5418 Wayzata Blvd. Minneapolis 55416 Hennepin ,,' Date(s) of activity (for raffles, indicate the date of the drawing) August 16, 2008 Check the box or boxes that indicate the type of gambling activity your organization will conduct: 0 *Bingo [!] Raffles D *Paddlewheels o *Pull- Tabs 0 *Tipboards * Gambling equipment for pull-tabs, bingo paper, tipboards, and paddlewheels must be obtained from a distributor licensed by the Gambling Control Board. EXCEPTION: Bingo hard cards and bingo number selection devices may be borrowed from another organization authorized to conduct bingo. To find a licensed distributor, go to www.gcb.state.mn.us and click on List of Licensed Distributors, or call 651-639-4Q76. ., ,- LG220 Application for Exempt Permit LOCAL UNIT OF GOVERNMENT ACKNOWLEDGMENT Page 2 of 2 6/08 If the gambling premises is within city limits, the city must sign this application. Check <") the action that the city is taking on this application. ,X;-he application is. acknowledged with no waiting period. _The application is acknowledged with a 30 day waiting period, and allows the Board to issue a permit after 30 days (60 days for a 1st class city). _The application is denied. Print city name 0~ Ide h U 0 j 1'-fJ Date~/~1 as CHIEF EXECUTIVE OFFICER'S SIGNATURE If the gambling premises is located in a township, both the county and township must sign this application. Check <") the action that the county is taking on this application. _The application is acknowledged with no waiting period. _The application is acknowledged with a 30 day waiting period, and allows the Board to issue a permit after 30 days. _The application is denied. Print county name On behalf of the county, I acknowledge this application. Signature of county personnel receiving application Title Date_I_I_ TOWNSHIP: On behalf of the township, I acknowledge that the organization is applying for exempted gambling activity within the township limits. [A township has no statutory authority to approve or deny an application [Minnesota Statute 349.213, subd. 2)] Print township name Signature of township official acknowledging application Title Date The information provided in this application is complete and accurate to the best of my knowledge. I acknowledge that the financial report will be completed and returned tC:;l)e B \ rd ~/thin 30 days of the date of our gambling activity. Chiefexecutiveofficer'ssignature \~'l (-:. \\ Date 7 / 7 / 08 Complete an application for each gambing actiyity. Financial report and recordkeeping . one day of gambling activity required . two or more consecutive days of gambling activity A financial report form and instructions will be . each day a raffle drawing is held sent with your permit. Within 30 days of the Send application with: activity date, complete and return the financial a copy of your proof of nonprofit status, and report form to the Gambling Control Board. $50 application fee for each event. Make check payable to "State of Minnesota." To: Gambling Control Board 1711 West County Road B, Suite 300 South Roseville, MN 55113 Questions? Call the Licensing Section of the Gambling Control Board at 651..f339-4076. Data privacy. This fonn will be made available in altemative fonnat (i.e. large print, Braille) upon request. The infonnation requested on this fonn (and any attachments) will be used by the Gambling Control Board (Board) to determine your qualifications to be involved in lawful gambling activities in Minnesota. You have the right to refuse to supply the information requested; however, if you refuse to supply this infonnation, the Board may not be able to determine your qualifications and, as a consequence, may refuse to issue you a permit. If you supply the information requested, the Board will be able to process your application. Your name and and your organization's name and address will be public information when received by the Board. All the other information you provide will be private data until the Board issues your permit. When the Board issues your permit, all of the infonnation provided to the Board will become public. If the Board does not issue a penni!, all information provided remains private, with the exception of your name and your organization's name and address which will remain public. Private data are available to: Board members, Board staff whose work requires access to the information; Minnesota's Department of Public Safety; Attomey General; Commissioners of-Administration, Finance, and Revenue; Legislative Auditor, national and international gambling regulatory agencies; anyone pursuant to court order; other individuals and agencies that are specifically authorized by state or federal law to have access to the infonnation; individuals and agencies for which law or legal order authorizes a new use or sharing of information after this Notice was given; and anyone with your consent. JUL-09-2008 17:30 P.02/02 Investing In People, Building Community AGENCY. Scott-Carver-Dakota CAp Agency. Inc. www.cap3Qel.lc)l.otl) An Equal Opportunity Employer July 9, 2008 Ms. Judy Nally Administrative Assistant City of Golden Valley 7800 Golden Valley Rd. Golden Valley; Mn. 55427 Dear Judy. The Scott Carver Dakota CAP Agency is applying for a raffie permit to conduct a drawing at the Kathy and Tom Snouffer Gala Celebration on Sat].ltday, August 16,2008 at the Metropolitan Ballroom. We respectfully request that the City Council waive the customary 3D-day w~iting periOd for the exemption. for lawful gambling permit required for this type of event. Shakoree omoo 7.12 C;mlerbury Ro;od So..i~ Sh.kupuc, MN ~S3'9 /)~'14')(...' I?~ Fmc 1)~?1407,-I)R I ~ (:ha.~ka Office 1.111650 Villa.,. Rd Chao;ka, MN SS31R C:R'1l ~h~llnl'\N': IUlmhl':i ROSCll)l)\Jtlt Office' 2496-I45th Street W (t""""'Dunl, MN 55116~ ';~I/'I"-~~nll ~'.. MII~'?,"~~~ TOTAL P.02 JOINT WATER COMMISSION MINUTES Golden Valley - Crystal - New Hope Meeting of April 2, 2008 The Golden Valley - Crystal - New Hope Joint Water Commission meeting was called to order at 1 :30 pm, in the City of Golden Valley Council Conference Room. Commissioners Present Tom Burt, City Manager, Golden Valley Kirk McDonald, City Manager, New Hope Anne Norris, City Manager, Crystal Staff Present Guy Johnson, Public Works Director, New Hope Bernie Weber, Utility Maintenance Supervisor, New Hope Tom Mathisen, Public Works Director, Crystal Randy Kloepper, Utility Maintenance Supervisor, Crystal Bert Tracy, Utility Maintenance Supervisor, Golden Valley Dave Lemke, Utility Maintenance Supervisor, Golden Valley Sue Virnig, Finance Director, Golden Valley Jeannine Clancy, Public Works Director, Golden Valley Approval of JWC Minutes MOVED by Norris, seconded by McDonald and motion carried unanimously to approve the minutes of the February 6, 2008 meeting. Preparation for April 24th Work Session The notice and location for the work session will be sent out. Back-up Water Supply for Comprehensive Plan Environmental Financial Group and Barr Engineering as a sub-contractor will be contacted to prepare a detailed study with costs regarding wells and possible interconnects with surrounding cities for alternate water supplies for the portion of the Water Supply Plan that is included in City's Comprehensive Plan. Jeannine Clancy will contact Environmental Financial Group and Barr Engineering for a cost and time line regarding such plan. Other Tom Mathisen commented that the testing of Crystal's reservoir was complete and the current report of water loss at forty-two gallons per minute was accurate. Kirk McDonald confirmed that the rates from Minneapolis Water Works would be coming the week of June 30th. Next MeetinQ The next meeting will be May 7,2008. Adiournment MOVED by McDonald, seconded by Norris and motion carried unanimously to adjourn the meeting. The meeting was adjourned at 2:00 pm. ATTEST: Christine Columbus, Administrative Assistant Thomas D. Burt, Chair The Bassett Creek Watershed Management Commission (BCWMC) was called to order at 11:30 a.m., Thursday, May 15,2008, at Golden Valley City Hall by Chair Welch. Ms. Herbert conducted roll call. Roll Call Crystal Golden Valley Medicine Lake Minneapolis Minnetonka New Hope Plymouth Robbinsdale St. Louis Park Also present: Commissioner Pauline Langsdorf, Secretary Commissioner Linda Loomis, Treasurer Commissioner Cheri Templeman Commissioner Michael Welch, Chair Commissioner Kris Sundberg Commissioner Daniel Stauner Commissioner Ginny Black, Vice Chair Commissioner Karla Peterson Not represented Counsel Engineer Recorder Charlie LeFevere Len Kremer Amy Herbert Laura Adler, BCWMC Technical Advisory Committee, City of St. Louis Park Brooke Asleson, Minnesota Pollution Control Agency (MPCA) Terrie Christian, Association of Medicine Lake Area Citizens (AMLAC) Eric Eckman, BCWMC Technical Advisory Committee, City of Golden Valley Jack Frost, Metropolitan Council Environmental Services Mary Gwin-Lenth, New Hope Citizen Dave Hanson, Alternate Commissioner, City of Golden Valley Peter Leatherman, Decision Resources. Ltd. (DRL) Dr. Bill Morris, Decision Resources, Ltd. (DRL) Barb Peichel, Minnesota Pollution Control Agency (MPCA) Stu Stockhaus, Alternate Commissioner, City of Crystal Liz Stout, BCWMC Technical Advisory Committee, City ofMinnetouka Liz Thornton, Alternate Commissioner, City of Plymouth Sue Virnig, BCWMC Deputy Treasurer Chair Welch announced that items 7Di - the T AC's recommendation on CIP project change orders- and 7Dill - the T AC's recommendation on aesthetic elements of projects would be deferred to the June BCWMC meeting. Ms. Loomis requested a communication be added to update the Commission on the status of the TMDL studies. Chair Welch requested the Commission Engineer add that update as an Engineer Communication. Ms. Black moved to approve the amended agenda. Ms. Peterson seconded the motion. The motion carried unanimously [the City of St. Louis Park was absent from the vote]. Ms. Loomis moved to approve the Consent Agenda. Ms. Langsdorf seconded the motion. The motion carried unanimously [the City of St. Louis Park was absent from the vote]. Ms. Terrie Christian, Association of Medicine Lake Area Citizens (AMLAC), reported she attended the #248852 vI BCWMC May 15,2008 Meeting Minutes Page 1 conference of the National Coalition on Invasive Species conference. She said there is ballast water protection attached to the introduced federal Coast Gnard Reauthorization Act. Ms. Christian said she is advocating that Congressman Ramstad, and Senators K10buchar and Coleman are involved in the conference committee so the bill doesn't get weakened in the committee process. She stated that she is reaching out to people in this community to contact their legislators to request that Ramstad, Kobluchar and Coleman participate on the conference committee and protect the bill from being weakened. Ms. Christian said with the Commission's approval, she will send information to Ms. Herbert to distribute to the Commission. She said this is important to the Bassett Creek Watershed because aquatic invasive species are entering the watershed through the Great Lakes. Ms. Christian said the invasive species protection would provide protection against aquatic invasive species reaching the Bassett Creek Watershed. Chair Welch asked Ms. Christian to e-mail the information to Ms. Herbert to distribute to the Commission. A. Presentation of the April 17th BCWMC meeting minutes. The April 17th, 2008, meeting minutes were approved as part of the Consent Agenda. B. Presentation of the Financial Statement. The general and construction account balances reported in the May 2008 Financial Report are as follows: Checking Account Balance TOTAL GENERAL FUND BALANCE 584,465.50 584,465.50 Construction Account Balance (cash) Investment Balance TOTAL CONSTRUCTION ACCOUNT BALANCE -Less: Reserved for CIP projects Construction cash! investments available for projects 2,162,768.12 0.00 2,162,768.12 3,232,100.94 (1,069,332.82) C. Presentation of Invoices for Payment Approval. Invoices: i. Kennedy & Graven - Legal Services through March 31, 2008 - invoice for the amount of $1,830.68. ii. Barr Engineering Company - April Engineering Services - invoice for the amount of $19,588.58. iii. Barr Engineering Company - April Sweeney Lake TMDL Study Services - invoice for the amount of $712.50. iv. Amy Herbert - April Recording Administrator Services - invoice for the amount of $3,586.43. v. MMKR - Progress payment for audit for services through March 31,2008 - invoice for the amount of $3,300.00. #248852 vI BCWMC May 15, 2008 Meeting Minutes Page 2 vi. City of Golden Valley - Reimbursement for Sweeney Lake Branch Channel Restoration - invoice for the amount of $168,542.52. vii. Three Rivers Park District - Partial payment of Pilgrim Lane Elementary Education Grant - invoice for the amount of $553.84. viii. Prairie Moon Nursery, Inc. - 400 seed packets - invoice for the amount of $411.52. ix. D'Amico Catering - May BCWMC meeting catering - invoice for the amount of $382.34. Ms. Black requested that invoice vi by the Three Rivers Park District be deferred to next month so she and Ms. Herbert can discuss the invoice with Pilgrim Lane Elementary. Mr. Stauner requested that catering charges listed in invoices identify the date and meeting of the catering. Ms. Black moved to approve the payment of invoices Ci - Cv. and Cvi- Cviii. Ms. Loomis seconded the motion. By call of roll, the motion carried unanimously [the City of St. Louis Park was absent from the vote]. Ms. Langsdorf introduced Dr. Bill Morris, president of Decision Resources, Ltd., and Mr. Peter Leatherman, also of Decision Resources. Dr. Morris was the principal investigator on the joint watershed survey project and Mr. Leatherman provided research and analysis. Ms. Langsdorf reminded the Commission that the survey was funded jointly by the BCWMC, Shingle Creek, West Mississippi, and Elm Creek and was recommended by the Joint Education and Public Outreach Committee. Ms. Langsdorf said the Joint EPOC Committee will be meeting to discuss how to use the information learned from the results of the joint survey. Dr. Morris presented the fmdings of the survey. Please see the attached Joint Watershed Survey PowerPoint haudout for details on the results. Among his comments, Dr. Morris stated that the residents in this watershed area were the best informed of any citizens in the 7-district metro area. He said the only fact-based question residents didn't overwhelmingly know was the number of gallons of typical residential property run off per year. He said that even for that question 39% chose the correct answer of 100 gallons, which is still a high level of specific knowledge. Dr. Morris stated that respondents indicated interest in installing a rain barrel, planting a rain garden, attending an environmental workshop, and planting harder to find native plants. Dr. Morris noted that although 52% ofthe residents surveyed indicated a willingness to attend an environmental workshop, the actual number would drop because people consider their time premium. Dr. Morris said a tip for packaging an environmental workshop is to market it as a general environmental workshop where they can learn specifics such as A, B, and C. Dr. Morris noted that residents have diffuse principal sources of information but that city newsletters, mailings, daily newspaper, and the Interuet were the principal sources of information for 75% of the respondents. Dr. Morris said for the survey respondents as a whole, the median monthly tax increase per residence that residents would accept for water quality improvements was $4.78. However, he pointed out, in this watershed district, the median was $8.38, or a little shy of $100 per year. Ms. Black asked if the survey information could be broken down by city. Dr. Morris responded no because 100 people were surveyed from each of the four participating watershed districts - not per city - and 100 respondents is the bottom threshold for valid results. #248852 vI BCWMC May 15,2008 Meeting Minutes Page 3 No New Business. A. Select Contractor For Golden Valley and Minnetonka Surface Water Management Plan Reviews. Chair Welch pointed out that the cost estimates fronl SEH, WSB, and Wenck were in the meeting packet. Chair Welch asked commissioners to indicate if they had a preference for SEH, Wenck, or WSB. Two commissioners indicated a preference for Wenck. Ms. Black moved to approve selecting Wenck to conduct the reviews of the Minnetonka and Golden Valley local surface water management plans. Chair Welch seconded the nlotion. The motion carried with 6 votes in favor, one vote opposing (City of Golden Valley), and two cities absent from the vote (City of Crystal and City of St. Louis Park). B. Approval of BCWMC 2007 Annual Report. Ms. Sundberg suggested adding a letter from the Chair at the beginning of the report. The Commission agreed taking the idea into consideration for the 2008 Annual Report. Ms. Black moved to approve the 2007 Annual Report with any changes submitted to Ms. Herbert by May 22nd. Ms. Loomis seconded the motion. The motion carried unanimously [City of S1. Louis Park absent from the vote]. . C. Review BCWMC's Draft 2009 Operating Budget. Chair Welch explained that the Budget Committee had met to discuss the 2009 Operating Budget. He said the Committee recommended reducing line 10 Water quality! monitoring by the $10,000 allocated to a second year offish! macroinvertebrate sampling of Bassett Creek. The Committee decided the funds could be drawn from the TMDL studies budget in 2009 ifthe second year of sampling is necessary. Chair Welch asked the Commission Engineer if the permit fees could be reworked to better fit the BCWMC's costs of the permit reviews. Mr. Krenler responded yes. Mr. Kremer also commented that line 10 water quality! monitoring could be further reduced by $15,000 by reducing the number of monitoring stations. He said this could be done because the MPCA will be monitoring at 5 of 7 the stations currently budgeted for by the BCWMC. Chair Welch asked the Commission Engineer to bring a revised water quality! monitoring proposal for 2009 to the June BCWMC meeting. Chair Welch said the Budget Committee recommends leaving in the $35,000 budget line for the Administrator position. Mr. Stauner supported taking that budget line out. Ms. Black and Ms. Sundberg supported leaving it in. Chair Welch said the Commission could reduce the funding to the TMDL studies from $10,000 to $5,000. Mr. Stauner said he would prefer to {"rod savings in administrative items rather than in water quality monitoring and TMDL studies, which are fundamental tasks of the Commission. However, he said, if the Commission believes it has enough in the TMDL budget then he would support reducing the 2009 TMDL studies funding from $10,000 to $5,000. Ms. Black suggested the Education Committee take a look again at the 2009 Education budget and bring recommendations back to the June meeting. Chair Welch suggested reducing the Web site budget from $4,000 to $1,000 plus the cost of Web site expenses in 2007. Chair Welch raised the question about the funds in the fund balance. Deputy Treasurer Sue Virnig said she would bring a reserve fund recommendation back to the Commission at the June meeting. Mr. Stauner said a policy issue for the Commission's future discussion should be whether to add to the agenda a monthly item about grants. He said Shingle Creek has an agenda item to discuss #248852 vI BCWMC May 15, 2008 Meeting Minutes Page 4 grant opportunities each month. Mr. Kremer reminded the Commission that the BCWMC is receiving grant funds for the Sweeney Lake, Medicine Lake, Wirth Lake TMDL studies and for the Watershed Outlet Monitoring Program participation. [Commissioner Sundberg departs the meeting.) D. T AC Recommendations: i. Change Orders on CIP Projects: Deferred to June ii. Reimbursement for Wetland Mitigation on CIP Projects: Mr. LeFevere said the TAC's comments in its May 8tb Memo to the BCWMC says that it would be hard to have a "one size fits all" policy and the projects would need to be considered on a case by case basis. He said the CIP does not mandate property acquisition at this point. Chair Welch commented that the discussion all goes back to defining the Commission's role in projects. Ms. Loomis moved that the City of Plymouth prepare a project proposal for the West Medicine Lake ponds project as a supplement to the feasibility study. Ms. Black seconded the motion. The motion carried unanimously [Cities of Minnetonka and St. Louis Park absent from the vote). iii. Aesthetic Elements of Projects: Deferred to June meeting. iv. Approval of Requirements for Improvements and Development Proposals Document: Chair Welch said the TAC's recommendation is that staff sends the document to the Commission for its review. Chair Welch moved to approve Commission staff sending the document to the Commission for its review and comment and that discussion! approval of the document be added to the June BCWMC meeting agenda. Ms. Templeman seconded the motion. The motion carried unanimously [Cities of Minnetonka and St. Louis Park absent from the vote.) E. Discuss Army Corps of Engineers Permitting of Future CIP Projects and Status of West Medicine Lake Permit. Mr. Kremer said the Commission has previously talked about the possibility of a resource management plan. He reminded the Commission that the purpose of the plan is to get future projects permitted as a group as a way to reduce the time extensive permitting process through the Army Corps of Engineers. The Army Corps suggested the resource management plan as an alternative for the Commission. Mr. Kremer said the Commission would prepare a plan that would be sent to the regulatory agencies for their review and approval and after the plan is approved, the Commission would only need to submit the final project plans for permitting. Mr. Kremer said the Commission Engineer is proposing taking the next five years of stream restoration projects and the next four years of pond projects and including them in the resource management plan. He explained that the process involves the development of concept plans, identification of wetland impacts, preparation of a cultural resource plan, and determination of threatened or endangered species. Mr. Kremer said some of the ponds have concept plans already and they would need to be reviewed. He said the last piece is the preparation of the resource management plan document. Mr. Kremer said there are five stream projects, three pond projects in 2010-2011 and five Bassett Creek Main Stem pond projects in 2012 for thirteen projects that would be included in the resource management plan. Mr. Kremer said once the plan is submitted it will take six to nine months for approval. Mr. Kremer said the Commission Engineer is recommending the Commission go forward with the development and submission of the Resource Management Plan. He stated there would be an eventual cost savings of 40% to 60% by doing the plan over permitting the projects individually. #248852 vI BCWMC May 15,2008 Meeting Minutes Page 5 Mr. Kremer stated he estimated it would cost $40,000 to prepare the resource management plan. He said the cost of the permitting process per individual project would be approximately $10,000 each. Chair Welch said it seems that the Commission would want to get state resource management plan approval as well, which might affect the cost. Chair Welch said he would like staffto revise the resource management plan memo to include a break down of estimated costs for the preparation ofthe plan and the addition ofthe state plan approval process. Mr. Kremer said the Commission Engineer can review the process with the Board of Water and Soil Resources through a phone caU and then can update the resource management plan memo [included in May meeting packet] for the June meeting. Chair Welch asked Mr. Kremer to also assign the plan costs to a specific line in the BCWMC's operating budget. Mr. Kremer recommended that the Commission allocate the costs to its Capital (CIP) budget since the projects in the plan are capital projects and since the Commission currently pays permitting costs out of its CIP budget. Chair Welch asked Mr. LeFevere to look at what Commission actions would be required related to the CIP ordering process and if a minor plan amendment would be necessary. F. Discuss Commission's Role in Environmental Assessment Worksheets (EA Ws) for Projects in the Bassett Creek Watershed that have BDWMC Involvement. Chair Welch said the issue in front of the Commission is whether it needs a policy change with regard to EA Ws on Commission funded projects. Ms. Loomis said she didn't think a policy change is necessary. Chair Welch said the Commission needs to make sure it is notified when an EA W is going to take place. He said the Commission should have environmental assessment requirements, land use issues, and permitting requirements should be identified in the project selection stage. Mr. Kremer said the information could be added into the feasibility study. Ms. Black said also the Commission should get notice of an EA Wonce it is published and a link to access it. G. Barb Peichel, Minnesota Pollution Control Agency, on Stakeholder Involvement Opportunities with the Upper Mississippi River Bacteria TMDL Study. Ms. Peichel said she is a TMDL project mauager and is on this TMDL study on the bacteria impairment on the main stem of the Mississippi River. Ms. Peichel said she is looking for someone from the BCWMC who interested in serving as a representative of the Bassett Creek Watershed on the stakeholder committee and someone who is interested in serving as a Bassett Creek Watershed representative on the technical advisory committee. She said the committees would probably have one or two meetings each year. Ms. Loomis said she would be interested in serving on the stakeholder committee. Mr. Kremer said he would be interested in serving on the TAC committee at no charge to the Commission. Chair Welch moved that Ms. Loomis serve on the stakeholder committee and Mr. Kremer serve on the technical advisory committee for the Upper Mississippi River Bacteria TMDL Study. Ms. Black seconded the motion. The motion carried unanimously [Cities of Minnetonka and St. Louis Park were absent from the vote]. A. Chair: i. Chair Welch announced that the Metropolitan Council has notified the Commission that it anticipates a large volume local plans coming in for review. Chair Welch reminded the Commission that it anticipates reviewing seven local surface water management plans this year. He also reminded the Commission that Mr. LeFevere drafted a letter that will be sent to cities that submit its comprehensive plan to the BCWMC for review. #248852 vI BCWMC May 15, 2008 Meeting Minutes Page 6 ii. Chair Welch stated that the ditch abandonment legislation being proposed by Hennepin County was introduced and passed. Mr. Kremer said Mr. Joel Settles of Hennepin County said he would like to meet with the TAC to discuss all the conditions that would have to be met for Hennepin County to transfer ditches to the cities. ill. Chair Welch said legislation was introduced that would require County approval of all watershed orgauization budgets. He remarked that the legislation has not gone anywhere yet. He said he would e-mail the information to Ms. Herbert to distribute to the commissioners. iv. Chair Welch said some information came in today regarding a grant opportunity of water quality funding and asked Mr. Kremer to take a look to see if a BCWMC project might qualify for the grant. v. Chair Welch reported that the Highway 55 letter was sent out. vi. Chair Welch asked Ms. Herbert to identify three dates in July on a weekday from 4 to 6 and then the Commission will pick a date at the June meeting. B. Commissioners: Ms. Black asked if the Twin's Stadium reimbursement is approaching the $25,000 limit. Mr. Kremer said the Commission may have to ask for additional funds from the MN Ballpark Authority. Ms. Black said she would prefer the Commission does not perform work over the $25,000 budget until it has written authorization that the cooperative agreement will be amended to cover the BCWMC's costs over $25,000. Chair Welch directed staff to pursue the amendment to the cooperative agreement. Ms. Black announced that the spot treatment for the Curlyleaf Pondweed on Medicine Lake was done yesterday, Wednesday, May 14. C. Committees: i. Education Committee: Ms. Langsdorf announced that the education exhibits are available for use at City Halls and city functions and the prairie flower seed packets have arrived. She stated the next Joint Education and Public Outreach Committee meeting is tomorrow, Friday, May 16th and the next Education Committee meeting is on June 5th. ii. Administrator Services Committee: Chair Welch said the contract has been worked out and will be signed today so commissioners should anticipate speaking to Springsted staff. D. Counsel* E. Engineer: Mr. Kremer said Barr Engineering has been working with Brooke Asleson to distribute the Wirth Lake and Medicine Lake work scopes to the MS4s. Ms. Asleson asked if any of the commissioners wanted to participate on the request for proposals team for the Wirth TMDL study. Chair Welch said he would participate. Ms. Loomis said she could also. Ms. Asleson said that Len Kremer and Greg Wilson, Barr Engineer, and she decided to go out for a cost estimate for the Medicine Lake TMDL work. She reported that she would have it ready next week and over to the MPCA contracts department. Then the MPCA will send it to four contractors on the approved contractors list including Barr Engineering. #248852 vI BCWMC May 15, 2008 Meeting Minutes Page 7 Mr. Kremer reported that Ron Leaf, SEH, updated him that the aerators have been turned off and aU the sampling equipment is in place for the Sweeney Lake TMDL monitoring and that a couple of events have already been sampled. Ms. Black moved to adjourn the meeting. Ms. Loomis seconded the motion. The meeting adjourned at 2:30 p.m. Michael Welch, Chair Date Amy Herbert, Recorder Date Pauline Langsdorf, Secretary Date #248852 vl BCWMC May 15, 2008 Meeting Minutes Page 8 alley Me ra d m Public Works 763-593-8030 I 763-593-3988 (fax) Executive Summary For Action Golden Valley City Council Meeting July 15, 2008 Agenda Item 3. E. 1. Award Contract for the Lions Park Rehabilitation Project No. 08-8 Prepared By Jeannine Clancy, Director of Public Works Ron Nims, Public Works Project Coordinator Summary The 2008-2012 Capital Improvement Program includes $127,000 in 2008 (P-001 and P-002) for rehabilitation of the Lions Park tennis court, Lions Park basketball court, Brookview Park tennis court, and trails in North Tyrol and Natchez Parks (page 69). The trail work in North Tyrol and Natchez Parks will be performed by Public Works staff. Due to the volatility of oil prices, the rehabilitation of the tennis courts, basketball courts and the vinyl fence upgrade were separated into alternate bids to allow flexibility to award a contract that is within the City's budget for the work. Bids were received from five contractors for the Lions Park Tennis Court Rehabilitation Project. The bids include a base bid for the tennis court rehabilitation at Lions Park along with alternate bids for color coating maintenance on other tennis and basketball courts. The following bids were received for this project: Bituminous Roadways, Inc. DMJ Corp. Midwest Asphalt Corp. Barber Construction Sunram Construction, Inc. $107,350.00 $108,700.00 $110,500.00 $114,608.00 $131,400.00 The Engineer's Estimate for this project is $107,000. Staff has reviewed the bids and found them to be accurate and in order. Staff recommends authorization of a contract that includes the base bid and alternate bid items 1 and 2 (color coat the tennis court at Brookview Park and reconstruct the basketball court at Lions Park). Recommended Actions Motion to approve a contract in the amount of $107,350.00 with Bituminous Roadways, Inc. for the Lions Park Tennis Court Rehabilitation Project. ~ Hey Me ora dum Public Works 763-593-8030 I 763-593-3988 (fax) Executive Summary For Action Golden Valley City Council Meeting July 15, 2008 Agenda Item 3. F. Authorization to Sign Contract with Environmental Process, Inc., for Professional Services for the 2008 Building Maintenance Project Prepared By Jeannine Clancy, Director of Public Works Ron Nims, Public Works Project Coordinator Summary In 2006, Wold Architects and Engineers prepared a Facility Analysis Report that identified deficiencies in Golden Valley City buildings excluding the park shelters. In 2008, Environmental Process, Inc. (EPI) developed an implementation schedule. The 2008 program includes the following: Building and Site Maintenance at City Hall & Golf Maintenance Buildings $149,100 ADA Upgrades at City Hall $70,080 Life Safety Improvements at City Hall, Fire Station #2 & #3, Golf $3,600 Maintenance and Public Safety Buildings ESTIMATED CONSTRUCTION TOTAL $222,780 A professional services agreement from EPI is attached for Council consideration to provide professional services for design and construction observation for the 2008 Building Maintenance Project. The 2008-2012 Capital Improvement Program (page 60) includes $250,000 for this work. Attachments Professional Services Agreement from EPI for Architectural, Engineering, and Environmental Services, dated July 15, 2008 (17 pages) Recommended Action Motion to authorize entering into an agreement for professional services with EPI for the 2008 Building Maintenance Project at an estimated cost of $37,000. PROFESSIONAL SERVICES AGREEMENT This Agreement is made as of the 15th day of Julv , 2008, by and between the City of Golden Valley, hereinafter referred to as City, and Environmental Process, Inc. (BPI), hereinafter referred to as Consultant, with offices located at 715 Florida Avenue South, Suite 111, Golden Valley, Minnesota 55426. SECTION 11 GENERAL CONTRACT PROVISIONS These provisions shall be as set forth in Exhibit A. Witnesseth, that the City and Consultant, for the consideration herein named, agree as follows: SECTION 61 EXHIBITS The following initialed Exhibits are attached to and made a part of this Agreement: SECTION 21 SCOPE OF WORK The scope of work to be performed by Consultant is set forth in Exhibit C. The work and services to be performed hereunder and described in. Exhibit C shall be referred to herein and i.i1 the General Contract Provisions as the Project. SECTION 31 COMPENSATION Compensation to Consultant for services described in this Agreement shall be as designated in the attached Exhibit D and as hereinafter described. SECTION 41 WORK SCHEDULE The anticipated schedule is set forth in Exhibit C. SECTION 5 I SPECIAL CONDITIONS Special conditions, if any, are as set forth in Exhibit G. CITY: CITY OF GOLDEN VALLEY ADDRESS: 7800 GOLDEN VALLEY ROAD GOLDEN VALLEY, MN 55427 BY: Linda R. Loomis SIGNATURE: TITLE: Mavor BY: Thomas D. Burt SIGNATURE: TITLE: City Manager ADDRESS: X Exhibit A General Contract Provisions X Exhibit B Definitions X Exhibit C Scope of Work X Exhibit D Compensation X Exhibit E Insurance Schedule X Exhibit F Rate Schedule SECTION 7 I ACCEPTANCE OF AGREEMENT All work and services described in this Agreement shall be performed by Consultant only after written acceptance of the City. The undersigned hereby accept the terms and conditions of this Agreement and Consultant is hereby authorized to perform the services described herein. CONSULTANT: ENVIRONMENTAL PROCESS, INC. ADDRESS: 715 FLORIDA A VB. S., SUITE 111 GOLDEN VALLEY, MN 55426 By: Charles A~ SIGNA11JRE: vi~ Ci.~ TITLE: President I CEO Professional Services Agreement Page I of9 EXHffiIT A GENERAL CONTRACT PROVISIONS ARTICLE 1 . GENERAL These general contract provisions are incorporated in and become a part of the Agreement to which it is attached between um, Inc., hereinafter referred to as Consultant, and the other party to the Agreement, City of Golden Valley, hereinafter referred to as City, wherein the City engages the Consultant to provide certain services more particularly described in Exhibit C, Scope of Work. Either party may be hereinafter referred to as party or, collectively, parties. The starting date will commence when authorized by the City. ARTICLE 2. CHANGED CONDmONS H the Consultant determines that any services it has been directed or requested to perform are beyond the scope as set forth in Exhibit C or that, due to changed conditions or changes in the method or manner of administration of the Project, the Consultant's effort required to perform its services under this Agreement exceeds the estimate which formed the basis for the Consultant's compensation, Consultant shall promptly notify the City of that fact. Additional work and additional compensation for stich work, and the extension of timefor completion thereof, shall be set forth in a supplemental Agreement entered into by the parties prior to proceeding with any additional work or related expenditures. Such supplemental Agreement shall be incorporated in and become a part of this Agreement. ARTICLE 3 . TERMINATION The City may' by written notice terminate the Agreement or any portion thereof when it is deemed in the City's best interest to do so or the City is unable to adequately fund payment for the Agreement because of changes in State fisca:l policy, regulation or law. In the event of tennination, copies of plans, reports, specifications, electronic drawing/data files (CADD), field data, notes, and other documents whether written, printed or recorded on any medium whatsoever, finished or unfinished, prepared by the Consultant pursuant to this Agreement and pertaining to the work or to the Project, (hereinafter ''Instruments of Service"), shall be made available to the City pursuant to Article 4. All provisions of this Agreement allocating responsibility or liability between the City and Consultant shall survive the conipletion of the services hereunder ancl/or the termination of this Agreement. ARTICLE 4 . REUSE AND DISPOSmON OF INSTRUMENTS OF SERVICE During the course of the work, the Consultant shall (if requested,) make available to the City copy (ies) of the Instruments of Service. At the time of completion or termination of the work, the Consultant shall make such Instnnnents of Service available to the City upon (i) payment of amounts due and owing for work performed and expenses incurred to the date and time of termination, and (ii) fulfillment of the City's obligation under this Agreement and such Instruments of Service shall become the property of the City. Any use or re.use of such Instruments of Service by the City or others without written verification or adaption by the Consultant except for the specific purpose intended will be at the City's risk and full legal responsibility. The City agrees, to the fullest extent permitted by law, to inc1emnify and hold the Consultant harmless from any claim, liability or cost (including reasonable attorneys' fees, and defense costs) arising or allegedly arising out of any unauthorized reuse or modification of these Instruments of Service by the City or any person or entity that acquires or obtains the reports, plans and specifications from or through the City without the written authorization of the Consultant. Under no circumstances shall transfer oflnstruments of Service be deemed a sale by Consultant, and Consultant makes no warranties, either expressed or implied, of merchantability and fitness for any particular purpose. Consultant shall cause any contract for work between Consultant and a third party for work under this Agreement to contain the terms and provisions of this Article 4 relating to the Instruments of Service created by such subcontractor. ARTICLE 5 . AGREEMENT As used herein Agreement means: (1) The Agreement for engineering, surveying and planning services; (2) These general contract provisions; (3) The attached exhibits; and (4) The supplemental Agreement, where applicable. As to superseding effect, the attached exhibits shall govern over these general provisions, and the supplemental Agreement, where. applicable, shall govern over attached exhibits and these general provisions. The Agreement constitutes the entire understanding between the Consultant and City. The Agreement supersedes all prior written or oral understanding and may only be amended, supplemented, modified or cancelled by a duly executed written instnnnent. ARTICLE 6 . RESPONSmrnTIES A. In order to permit the Consultant to perform the services required under this Agreement, the City shall, in proper time and sequence and where appropriate to the Project, at no expense to the Consultant: 1. Provide available information as to its requirements for the Project. 2. Guarantee access to and make all provisions for the Consultant to enter upon public and private lands to enable the Consultant to perform its work under this Agreement. 3. Provide such legal, accounting and insurance counseling services as may be required for this Project, (such as review of insurance certificates, bonding clarifications and legal questions regarding property acquisition or assessment). 4. Notify the Consultant whenever the City observes or otherwise becomes aware of any defect in the Project. 5. The Golden Valley City Council or a person or persons designated, shall act as City's representative with respect to the services to be rendered under this Agreement. The City's representative shall have the authority to transmit and receive instructions and information and to interpret and define the City's policies with respect to services rendered by the Consultant. 6. Furnish data (and professional interpretations thereat) prepared by or services performed by others, including where applicable, but not limited to, previous reports, core borings, probings and sub. surface explorations, hydrographic and hydrogeologic surveys, laboratory tests and inspection of samples, materials and equipment; appropriate professional interpretations of the foregoing data; environmental assessment and impact statements; property, boundary, easement, right.of.way, topographic and utility surveys; property description; zoning, deed and other land use restrictions; and other special data. 7. Review all reports, sketches, drawings, specifications and other documents prepared and presented by the Consultant, obtain advice of legal, accounting and insurance counselors or others as City deems necessary for such examinations and render in writing decisions pertaining thereto within reasonable times so as not to delay the performance by the Consultant of the services to be rendered pursuant to this Agreement. 8. Where appropriate, endeavor to identify, remove and/or encapsulate asbestos products or materials or pollutants located in the project area prior to accomplishment by the Consultant of any work on the Project. 9. Provide record drawings and specifications for all existing physica:l plants of facilities which are pertinent to the Project. 10. Where available provide other services, materials, or data as may be set forth. 11. Bear all costs incidental to compliance with the requirements of this article. 12. Provide the foregoing in a manner sufficiendy timely so as not to delay the performance by the Consultant of the services in accordance with the Contract Documents. B. Consultant shall be entided to rely on the accuracy and completeness of information or services fumished by the City or others employed by the City. Consultant shall endeavor to verify the information provided and shall promptly notify the City if the Consultant discovers that any information or services fumished by the City is in error or is inadequate for its purpose. Exhibit A - General Contract Provisions Page 2 of9 ARTICLE? . OPINIONS OF COST Opinion, if any, of probable cost, construction cost, financial evaluations, feasibility studies, economic analyses of alternate solutions and utilitarian considerations of operations and maintenance costs provided for are made or to be made on the basis of the Consultant's experience and qualifications and represent the Consultant's best judgment as an experienced and qualified professional design firm. The parties acknowledge, however, that the Consultant does not have control over the cost of labor, material, equipment or services furnished by others or over market conditions or contractor's methods of determining their prices, and any evaluation of any facility to be constructed or acquired, or work of necessity must be speculative until completion of construction or acquisition. Accordingly, the Consultant does not guarantee that proposals, bids or actual costs will not vary from opinions, evaluations or studies submitted by the Consultant. ARTICLE 8 . INSURANCE Consultant has piocured insurance in the types and amounts set forth in Exhibit Eo and shall cause any work subcontracted to a third party to be completed under a subcontract requiring the procurement of insurance in the types and amounts set forth in Exhibit E. The Consultant further agrees to furnish certificates of the insurance set forth in Exhibit E to the City, naming the City as an additional insured, not later than ten (10) days after execution of this Agreement and will provide the City with written notice ten (10) days prior to cancellation of the policy or any material change in the coverage period. ARTICLE 9 . ASSIGNMENT This Agreement, intended to secure the service ofindividuals employed by and through the Consultant, shall not be assigned or transferred without written consent of the City. ARTICLE 10 . CONIROLLING LAW This Agreement is to be governed by the laws of the State of Minnesota. ARTICLE 11. NON.DISCRIMlNATION Consultant will comply with the provisions of applicable Federal, State and Local Statutes, Ordinances, and Regulations pertaining to human rights and non-discrimination, and shall cause any contract for work subcontracted to a third party to be completed under a subcontract requiring compliance with Article 11 herein. ARTICLE 12 . CONFLICT REsOLUTION In an effort to resolve any conflicts that arise during the design or construction of the project or following the completion of the project, the City and Consultant agree that all disputes between them arising out of or relating to this Agreement shall be submitted to nonbinding mediation unless the parties mutually agree otherwise. ARTICLE 13 . CONFIDENTIALI1Y The Consultant agrees to keep confidential and not to disclose to any person or entity, other than the Consultant's employees, subconsultants and the general contractor and subcontractors, if appropriate, any data and information not previously known to and generated by the Consultant or furnished to the Consultant and marked CONFIDENTIAL by the City. These provisions shall not apply to information in whatever form that comes into the public domain, nor shall it restrict the Consultant from giving notices required by law or complying with an order to provide information or data when such order is issued by a court, administrative agency or other authority with proper jurisdiction, or if it is reasonably necessary for the Consultant to defend himself or herself from any snit or claim. ARTICLE 14 LOCATION OF UNDERGROUND IMPROVEMENTS " The Consultant and/or his authorized. sub consultant will conduct the research that in his or her professional opinion is necessary and will prepare a plan indicating the locations intended for subsurface penetrations with respect to assumed locations of underground improvements. Such services by the Consultant or his or her subconsultant will be performed in a manner consistent with the ordinary standard of care. The City recognizes that the research may not identify all underground improvements and that the information upon which the Consultant relies may contain errors or may not be completed. The City agrees, to the fullest extent permitted by law, to waive all claims and causes of action against the Consultant and anyone for whom the Consultant may be legally liable, for damages to underground improvements resulting from subsurface penetration locations established by the Consultant, except that the City does not release the Consultant, its principals, employees, agents and consultants from negligence which causes damage to underground improvements resulting from subsurface penetration locations established by the Consultant. ARTICLE 15 . REVIEW It is understood and agreed by the Consultant that the City, through its authorized agents shall be the sole and final judge of the fitness of the work and its acceptability, and no payment shall be made to the Consultant hereunder until the work shall have been found acceptable by the City through its authorized agents. The Consultant shall be liable for any work done by a subcontractor for services rendered under this Agreement. The City shall be entitled to pay any such subcontractor directly in its own discretion. ARTICLE 16. INDEMNIFlCATION The Consultant agrees, to the fullest extent permitted by law, to indemnify and hold the City, their elected officials, officers, agents and employees harmless from any damage, liability or cost (including reasonable attorneys' fees and costs of defense) to the extent caused by the provision of services, errors or omissions in the performance of professional services under this Agreement and those of Consultant, subconsultants or anyone for whom the Consultant is legally liable. The City agrees to the fullest extent permitted by law, to indemnify and hold the Consultant harmless from any damage, liability or cost (including reasonable attorneys' fees and costs of defense) to the extent caused by the City's negligent acts, errors or omissions and those ofhis or her contractors, subcontractors or consultants or anyone for whom the City is legally liable, and arising from the project that is the subject of this Agreement. Exhibit A - General Contract Provisions Page 3 of9 EXHIBIT B DEFINITIONS Rl "HOURLY BASIS" means that the fee shall be determined by multiplying the number of hours of work performed, times the direct personnel cost for the appropriate labor classification shown on the fee schedule. R2 "EXPENSES" means costs incurred in the performance of the services described herein or authorized by the City which are not direct personnel costs or overhead costs. Expenses include long distance telephone charges, subconsultant fees, testing costs, outside reproduction and printing costs, equipment rental costs and similar costs. R3 "IMPROVEMENT PROJECT" means public improvement projects authorized by the City and paid for with public funds. B.4 "INSTRUMENTS OF SERVICE" means the specifications, plans and other documents (including those in electronic form), prepared by Consultant and its subcontractors of this project. Exhibit B - Definitions Page 4 of9 EXHIBIT C SCOPE OF WORK GENERAL SCOPE OF SERVICES FOR IMPROVEMENT PROJECTS Consultant shall act as a representative of the City during the City of Golden Valley 2008-2009 Building Maintenance Project as in the attached Proposal for Architectural, Engineering, and Environmental Services Dated July 15,2008. Consultant shall also provide engineering and consulting services that extend beyond this project at the direction of the City. The anticipated completion date for the scope of services is June 30, 2009. Additional services in connection with the project not otherwise provided for in this Agreement. Exhibit C - Scope of Work Page 5 of 9 Environmental Process, Inc. 715 Florida Avenue South, Suite 111, Golden Valley,:MN 55426-1700 Phone: 763-398-3040 . Fax: 763-398-0121 . email: epimtJls<<v.rconnect.com. www.go-epi.com e.........p............J> .. .... ...' -... . .......::............... ...................':... ..:." ' .:- :... - ," " . -. .. .'. . , . . . . ... . . July 15, 2008 Ms. Jeannine Clancy Director of Public Works City of Golden Valley '7800 Golden Valley Road Golden Valley, MN 55427 Re: City of Golden Valley 2008-2009 Building Maintenance Proposal for Architectural, Engineering, and Environmental Services EPI No. 08-997 Dear Ms. Clancy: 1.0 INTRODUCTION Thank you for this opportunity for Environmental Process, Inc. (EPI) to submit our proposal to provide Architectural, Engineering, and Environmental services for the 2008-2009 Building Maintenance Project located at various City of Golden Valley Buildings. The 2008-2009 Building Maintenance work scope is based on the Building Maintenance Prioritization Report dated May 19,2008 as prepared by EPI and the Facility Analysis Report as prepared by Wold Architects and Engineers dated October 16,2006. 2.0 SCOPE OF WORK We understand the intent of this project is to provide Architectural, Engineering, and Environmental Services for building maintenance work items. 2.1 The scope of work for Phase 1 - Schematic Design, Feasibility, and Cost Estimate are as follows: a. Field verify existing conditions, perform field measurements, verify existing project conditions for the specific building maintenance items listed below: 1.) 2008 Building/Site Maintenance work items at Golf Maintenance per the 2008 Building Maintenance Prioritization Report dated May 19, 2008 totaling $20,000.00 and 2009 Building/Site Maintenance work items at City Hall totaling $129,100.00 per the per the 2008 Building Maintenance Prioritization Report dated May 19, 2008 for a total of $149,100.00 (see attached 2008-2009 Work Summary for work items list). 2.) 2009 ADA Upgrades work items at City Hall per the 2008 Building Maintenance Prioritization Report dated May 19, 2008 totaling $70,080.00 (see attached 2008-2009 WorkSummary for work items list). City of Golden Valley 2008-2009 Building Maintenance July 15, 2008 Page 2 3.) 2008 Life Safety work items at City Hall, Fire Station #2, Fire Station #3, Golf Maintenance, and Public Safety per the 2008 Building Maintenance Prioritization Report dated May 19, 2008 totaling $3,600.00 (see attached 2008-2009 Work Summary for work items list). b. Attend preliminary design review meeting with City of Golden Valley Staff to review the preliminary schematic design and estimated cost of construction for each work item. c. Finalize building maintenance work scope based on above site data and review meeting. d. Building materials suspect asbestos survey (collection and analysis of samples). The asbestos survey will only be required if suspect building materials (gypsum wall board, joint compound, caulking, flooring materials, etc.) will be disturbed as a part of this project and has not previously been tested. 2.2 The scope of work for Phase 2 - Construction Documents is as follows: a. Preparation of registered Architectural/Engineering plans and specifications (contract documents) for the purpose of obtaining public (open) bids for the building maintenance work scope as determined in Phase 1 Schematic Design and Feasibility: b. This proposal is based on the assumption that the work area is asbestos free. If asbestos containing materials are found in Phase 1 Schematic Design and Feasibility, we anticipate the additional fees for the abatement design (plans and specifications), project management (Quality Control), and on-site monitoring during the abatement shall not exceed $2,000.00 - $3,000.00. 2.3 The scope of work for Phase 3 - Construction Project Management / Quality Control is as follows: a. Prepare bid advertisement, submit to Owner for publication. b. Distribution of plans and specifications to Bidders shall be done by Owner. c. Pre-bid conference meeting with minutes. d. Review Contractor questions, clarify work scope, Addendums, etc. during bidding. e. Review Contractor Contract, Insurance, Bonds for Owner / Contractor Agreement, (prepared by Owner). f. Pre-construction conference meeting with minutes. g. Shop drawing and submittal review (schedule, payment schedule of values, samples, etc.). City of Golden Valley 2008-2009 Building Maintenance July 15, 2008 Page 3 h. Site observations during construction on a regular basis (as needed) during construction. An Architects' Field Report will be prepared for each site observation. Twelve (12) site observations and Architects' Field Reports are included. Additional site observations and field reports during construction will be extra @ $300.00 per visit. 1. Contractor payment request and lien waiver verification reviews. J. Contractor/Owner change order requests and execution. k. Final punch list site observation with documentation, preparation of substantial completion document, and one (1) follow up punch list site observation review. Additional site punch list observations and reports will be extra @ $200.00 per visit.. 1. Collect and assemble contractor closeout documents, Lien Waivers, IC-134, and contractor as-built plan submittal to Owner. m. EPI can complete an as-built set of documents at an extra cost after Contractor submits their documents. This cost can be provided upon project completion. 3.0 CLIENT RESPONSmlLITIES This proposal is based on the following client responsibilities. 3.1 Provide the existing and/or as-built building plans & specifications (Architectural, Structural, MechanIcal, and Electrical). 3.2 Provide topographical survey and/or elevations of Golf Maintenance Building site as required. 3.3 Provide any required documents to be inserted in the contract document. 3.4 Provide review of EPI's contract documents before bidding. 3.5 Provide access to the building areas as needed. 4.0 ADDITIONAL SERVICES 4.1 Expansion of the scope of project. 4.2 Asbestos (hazardous materials) abatement design (plans and specifications), management, and on-site monitoring. This proposal assumes no asbestos is present in the work areas. The asbestos survey will be completed if necessary in Phase 1 work scope. If the existing building materials are found to be asbestos, we anticipate the additional fees for the abatement design (plans and specifications), management, and on-site monitoring shall not exceed $2,000.00 - $3,000.00. City of Golden Valley 2008-2009 Building Maintenance July 15, 2008 Page 4 5.0 FEE SCHEDULE Based on the services as defined above, EPI proposes a time and material not to exceed professional service fee for the total Architectural! Engineering and Project Management! Quality Control services. This fee breakdown is as follows: Total Project Estimate $11,000.00 $13,600.00 $11.000.00 $35,600.00 $ 1.400.00 $ 37,000.00 Phase 1 Schematic Design, Feasibility, and Cost Estimate Phase 2 Construction Documents (plans and specifications) Phase 3 Construction Project Management! Quality Control Services Total Professional Fees (NTE) Estimated Reimbursable Expenses at actual costs - Estimated Additional Asbestos Fees (If Necessary) Limited Asbestos Survey (based on 12 samples) Asbestos abatement design, management, and on-site monitoring $1,800.00 $3,000.00 Please feel free to call me at (763) 398-3040 with any questions or comments. We feel confident that we can assist you and look forward to working with you on this project. If you have any questions or find this proposal acceptable, please sign, date and return and we will schedule a date to begin. Sincerely, ENVIRONMENTAL PROCESS, INC. Denny Langer, PE Senior Engineer/Project Manager Copy: Charles A. Lane, EPI Michael Berreau, EPI 2008 - 2009 ADA Upgrades - City Hall CATEGORY Analysis Item Description ACCESSIBILITY Replace water fountain in Administration with a handicap accessible one. Recommend remodeling the toilet rooms on lower level to meet all current handicap ACCESSIBILITY accessible standards. (Allowance) The items outlined in the "Accessibility Evaluation" for priority 1, 2 and 3 provide for the ACCESSIBILITY minimum level of accessibility. Total BUILDING CATEGORY City Hall EXTERIOR City Hall EXTERIOR City Hall EXTERIOR City Hall EXTERIOR City Hall EXTERIOR City Hall EXTERIOR City Hall EXTERIOR City Hall EXTERIOR City Hall EXTERIOR City Hall EXTERIOR City Hall EXTERIOR City Hall SITE City Hall SITE City Hall SITE City Hall SITE Golf Maintenance SITE BUILDING City Hall City Hall City Hall BUll_DING CATEGORY City Hall LIFE SAFETY Fire Station #2 LIFE SAFETY Fire Station #3 LIFE SAFETY Golf Maintenance LIFE SAFETY Public Safety LIFE SAFETY Environmental Process, Inc. 715 Florida Ave. S., Suite III Golden Valley, MN 55426 BPI Job No.: 08-977 2008 - 2009 Work Summary 2008 - 2009 Building/Site Maintenance Project Analysis Item Description Tuck point deteriorated mortar joints (approximately 1,300 S.F.). Remove caulk from all contol joints and recaulk (approximately 50 L.F.). Remove all deteriorated caulk from affected wall penetrations (i.e. pipes, conduit, roof drain spouts, windows and doors) and recaulk. (Allowance) Reset concrete caps on wing wall located east of lunchroom skylights, seal joints with caulk. Reattach sheet metal column cover located above lunchroom skylight. Along with repointing, replace approximately 50 bricks that are cracked or otherwise broken. Along with repointing, replace 10 concrete blocks that are cracked or otherwise broken. Remove the windows at the north and south side of the main entry. Remove and reset the rowlock brick course below windows at main entry and vertical circulation enclosures, reflash and cap the brick and reinstall windows. Remove and recaulk all joints in Motor Vehicle Licensing airlock (north side). Remove deteriorated and/or poorly applied caulk from all windows. (Allowance) Cut out the exposed horizontal masonry tie and repoint. Reset caps on brick retaining wall located south of main entry, applying caulk to joints. Replace approximately 30 bricks and repoint the wall south of the west parking lot and install a sheet-metal cap. Cut control joints into brick retaining wall located south of main entry. Properly divert water at least 4'-0" away from building south of main entry. (Allowance) Regrade approximately 360 LF of the landscaping along the buildings. NW, West, South and SW Sides of the building to prvide positive slope to carrie water away from the building. (Allowance) Total 2008 - 2009 Life Safety Analysis Item Description t'rovlCle an aClequately SlzeCl stoop outslCle me soutn eXit Cloor mat IS flusn Wltn tne threshold of the door. (Allowance) Eliminate trip hazard at both doors in west wall of garage. (Allowance) Create an adequately sized step on the garage side of the entry vestibule/garage area door. The step should be flush with the threshold of the door. Modify guardraiVhandrail at steps leading to mezzanine to meet current code requirements. Trim back, or remove if necessary, any landscaping vegetation that is blocking the path for egress on the building's south side. Total 2008 - 2009 $61,500.00 $3,500.00 $6,750.00 $1,200.00 $500.00 $3,250.00 $1,200.00 $13,000.00 $750.00 $6,750.00 $750.00 $2,000.00 $26,000.00 $1,200.00 $750.00 $20,000.00 $149,100.00 2008 .. 2009 $5,000.00 $40,500.00 $24,580.00 $70,080.00 2008 .. 2009 $750.00 $500.00 $350.00 $1,750.00 $250.00 $3,600.00 SCHEDULE a. 2008 - 2009 TENTATIVE SCHEDULE Work Area Dates Prepare Schematic Design and Cost Estimate (Feasibility) July - August 2008 Design Review Meeting August - September 2008 -- Prepare Construction Documents (Plans and Specifications) August - October 2008 Bid Advertisement and Bidding October 2008 Bid Award, Secure Contracts, Insurance, Bonds, Permits November 2008 Shop Drawing Submittal and Review/Approval September 3-12, 2008 Contractor Mobilization: Begin Work (Indoor Work) December, 2008 Begin Work (Outdoor Work) Spring 2009 Substantial Completion/Punch List (Indoor Work) March 2009 Substantial Completion/Punch List (Outdoor Work) June 2009 Contractor to Complete all work June, 30 2009 Exhibit C - Scone of Work Page 6 of9 EXHIBIT D COMPENSATION The City shall pay the Consultant for Basic Services rendered on an hourly basis as mutually agreed to and deemed fair and reasonable for the particular work to be performed. Consultant's current fee schedule with hourly rates is attached to this contract as Exhibit F. The rate schedule is for 2008, and will remain in effect for the term of the project. The following are the compensation terms: D.l Receipt of Payment In order to receive payment for services, the Consultant shall submit monthly invoices describing in detail the services performed in accordance with this contract. The City shall pay Consultant before ten (10) days after receipt of (a) each monthly invoice, (b) a certificate from the City that work has been completed, and (c) an opinion of the City's attorney that the City is then obligated to pay the sum contracted for herein. The personnel who worked on the project shall be included in the invoice. Invoices shall include daily reports detailing the time for each day that the individual was working on the project. All invoices will include the City representative who authorized the work. All payments to the Consultant shall be made payable to Environmental Process. Inc. and the City does not assume and shall not have any responsibility for the allocation of payments or obligations of the Consultant to third parties. D.2 Expenses Consultant shall be reimbursed for reasonable expenses related to the scope of services of this contract and/or individual projects. The Consultant shall be reimbursed for the actual cost of the expenses, without markup. Typical expenses include, but are not limited to, the following: · Plan and specification reproduction fees · Costs related to the development ofproject photos The following shall not be considered reimbursable expenses: · Mileage · Mobile phone usage · Computer equipment time · Preparation and reproduction of common correspondence · Mailing Exhibit D - Comnen~ation Pa"e 7 of9 EXHIBIT E INSURANCE SCHEDULE GENERAL LIABILITY Carrier: Acord Type offusurance: Commercial General Liability Coverage: General Aggregate Produc~-Comp/OpsAggregme Personal & Advertising Injury Each Occurrence AUTOMOBILE LIABILITY Carrier: Integrity Mutual Insurance Co. Type of Insurance: Hired Autos Non-Owned Autos Coverage: Combined Single Limit WORKER'S COMPENSATION AND EMPLOYERS' LIABILITY Carrier: Acord Coverage Statutory Each Accident Disease-Policy Limit Disease-Each Employee PROFESSIONAL LIABILITY (ERRORS AND OMISSIONS) Carrier: Coverage: CNA $2,000,000 each c1aim/$2,000,000 annual aggregate Certificates of fusurance will be provided upon request. $2,000,000 $2,000,000 . $1,000,000 $1,000,000 $1,000,000 $ 500,000 $ 500,000 $ 500,000 Rxhihit F - Rate ~cherlule Paee 8 of9 Exhibit F 2008 Rate Schedule See attached Attachment A - 2008 Fee Schedule 000090/480568/959626_1 Exhibit F - Rate Schedule Page 9 of9 Attachment A 2008 Fee Schedule January 1, 2008 Note: All Professional Fees are based on a hourly rate - no extra overtime costs. 1 Professional Fees Forensic Design/Construction Diagnostician/Claims Evaluator/Investigator Associate Design/Construction Diagnostician/Claims Evaluator/lnvestigator Design/Construction/Private Investigator Indoor Air Quality Diagnostician Principal Project Manager Sr. Indoor Air Quality Diagnostician Licensed Principal ArchitectlEngineer/lnterior Designer Certified Industrial Hygienist/Safety Professional Licensed Code Specialist Sr. Project Manager Environmental Manager/Designer/l nspector/Planner/Coordinator Licensed Asbestos Designer/lnspector/Management Planner Licensed Lead Inspector/Risk Assessor Licensed Sr. StructuraUMechanical/Electrical Engineer Sr. Construction Diagnostician/Claims Evaluator/Investigator Licensed Sr. Asbestos Designer/lnspector/Management/Planner Construction Specifier/Estimator/Plans Examiner/Special Inspector Licensed Asbestos Inspector/Management Planner Associate Designer {Architect)/Asbestos/Lead Designer Industrial Hygienist Associate Mechanical/Structural/Electrical Engineer Associate Construction Diagnostician/Claims Evaluator/Investigator Associate Engineer Technician Licensed Asbestos Building Inspector Industrial Hygiene Technician/Micro/As,bestos/LeadlRadon Environmental Analytical Technician/Niosh 582 Certified AlE Draftsman/Cad Operator Environmental Technician/Licensed Asbestos Site Supervisor Associate Environmental Technician Word Processor/Clerical/Administration 225.00 195.00 195.00 180.00 175.00 155.00 150.00 150.00 150.00 150.00 150.00 150.00 150.00 145.00 135.00 130.00 118.00 100.00 100.00 100.00 97.00 89.00 77.00 77.00 74.00 74.00 72.00 66.00 64.00 47.00 Leaal Professional Fees Work-Up Testimony Deposition/Mediation/ ArbitrationlTrial Per Fees Above 250.00 2 Analytical Expenses Lead - water, paint soil Elemental Analysis (PIXE) Microbiological- Tease, Air, Bulk, Surface Toxic Characteristic Leachate Procedure (TCLP) Lead Air Silica Air - Respirable MVOC - (AIHA EMPAT Protocol) Volatile Organic Compounds/OVM Summa Canister Particulate Sample (Macroscopic or Quantitative) Asbestos Bulk - AHERA Methodology (PLM) Page 2 of 3 Regular Rush Regular Rush Flee - Voc Regular Rush 1-5 samples 5-20 samples 21-40 samples Rush Regular 0-50 samples 51-100 samples 101-up Rush (No Discounts) 12 to 24 hours Emergency Rush < 12 to 8 hours 40/sample 325/sample 100/each 95/each 90/each 2,500/sample 84/sample 240/sample 520/sample 920/sample 325/sample 400/sample 500/sample Rate Varies 310/sample 330/sample 26/sample 24/sample 22/sample 381sample 60lsample TEM Asbestos Air Samples - (quotedlproject basis - cost vary - quantity & time frame) TEM = 72 Hours TEM = 48 Hours TEM = 24 Hours TEM 6 Hours TEM Pmp Asbestos (PCM) (NIOSH 582) Air Samples (PCM) Air) ~ Regular/Rush/QA/QC Weekend and Holiday Lab Opening Cost Extra 3 EquipMent Use Tracer Analysis Infra Red Service XRF Lead Analyzer Thermal Sensor Carbon Monoxide Sensor Carbon Dioxide Sensor With Recorder 100lhour 80/hour 1351sample 150/sample 180lsample 250/sample 10/sample 20lsample 510/site 550/day 500lday 50lday 11 Olday 11 Olday Page 3 of 3 3 Equipment Use - (continued) Portable Carbon DioxidelTemp Sensor Moisture Content Sensor - (Delmhorst - Tramex) Anderson TM Sampler Anderson ™ Flow Pump CalorimetricJAir Flow Tubes Temperature/Relative Humidity with Recorder Quad Meter (Confined Space Monitor) Solomat ™ Monitor Two Way Radio - Per Day Per Radio Portable Micromanometer Recording Manometer Air Pumps -High Flow Air Pumps - IH - Low Flow Data Logger XRF Lead Analyzer PAPR - Piggyback Filter (microbiological- asbestos) PAPR HEPA Filter (asbestos) Half Face HEPA Organic Filter Half Face HEPA Filter Tyvec Suits - Asbestos Tyvec Suits - Micro - Polypropylene HEPA Vac Negative Air Machine - 2000/1000 CFM Auto CADD Hammer DrilVReciprocal Saw Ozone Unit 55/day 95/day 110/day 11 O/day 20ftube 110/day 110/day 120/day 1 O/day 30/day 35/day 25/day 30/day 90/day 550/day 32/each 27/each 22/each 14/each 16/each 23/each 30/each 25/day 8/hour 40/day 30/day 4 Other Expenses Travel - Mileage Other Expenses Electronic Communication Meals Sub Contractor or Contractors Digital Camera/Photos IRS Rate at cost 2% of Professional Fees-(Maximum $150.00) govemment rate cost plus 20% markup $1.00/each alley M mora um Public Works 763-593-8030 I 763-593-3988 (fax) Executive Summary For Action Golden Valley City Council Meeting July 15, 2008 Agenda Item 3. G. Authorize Joint and Cooperative Agreement with the City of Crystal for the TH 100 Pedestrian Bridge Lighting Prepared By Jeannine Clancy, Director of Public Works Ron Nims, Public Works Project Coordinator Summary The 2008-2012 Capital Improvement Program includes $100,000 (S-014, page 101) for installation of overhead ornamental lighting on the pedestrian bridge over TH 100 near Bassett Creek. The proposed lights are the same style as those used on the 36th Avenue bridge by MnDOT when TH 100 was reconstructed, and are in accordance with the aesthetic guidelines set forth for the TH 100 corridor. The City of Crystal will be the lead agency for the project. Crystal staff has received bids for the project. The following bids were received: Killmer Electric, Inc. Collisys Eagan Electrical Installation Granite Ledge LPD $58,735.00 $58,923.00 $61,173.00 $62,500.00 $63,600.00 $70,475.00 The low bid for the project was from Killmer Electric, Inc. in the amount of $58,735.00. The City of Golden Valley's portion will be 50 percent of the final construction cost. Staff has prepared a joint cooperative agreement for lighting construction and maintenance between the cities of Crystal and Golden Valley to replace the existing agreement for bridge maintenance. A copy of the agreement is attached. As part of the agreement, Golden Valley will pay one-half of the costs for design and installation of the improvement. Golden Valley will also be responsible for one-half of the operating costs of the lights. Bridge maintenance responsibilities, including snow removal and lighting, will be shared by both cities. Attachments Joint and Cooperative Agreement for Lighting Installation and Maintenance of the Highway 100 Pedestrian Bridge at Bassett Creek (6 pages) Recommended Action Motion authorizing a Joint and Cooperative Agreement for Lighting Installation and Maintenance of the Highway 100 Pedestrian Bridge at Bassett Creek. JOINT AND COOPERATIVE AGREEMENT FOR LIGHTING INSTALLATION AND MAINTENANCE OF HIGHWAY 100 PEDESTRIAN BRIDGE AT BASSETT CREEK BRIDGE NO. 27 A 71 S.P. 116-090.01 AND S.P. 128.090.03 BETWEEN THE CITIES OF GOLDEN V ALLEY AND CRYSTAL, MINNESOTA JULY 2008 JOINT AND COOPERATIVE AGREEMENT FOR LIGHTING INST ALLA TION AND MAINTENANCE OF HIGHWAY 100 PEDESTRIAN BRIDGE AT BASSETT CREEK This AGREEMENT is made this day of , 2008 by and between the CITY OF CRYSTAL, a Minnesota municipal corporation ("Crystal"), and the CITY OF GOLDEN VALLEY, a Minnesota municipal corporation ("Golden Valley") (collectively hereinafter, "the Cities"). RECITALS WHEREAS, Minnesota statute 9 471.59, et. seq., authorizes cities to enter into joint powers agreements; and WHEREAS, recently, construction was completed of a pedestrian bridge ("Bridge"), which is identified as bridge No. 27A71 and spans Minnesota State Highway 100 between Duluth Street and 36th Avenue North; and WHEREAS, the western portion of the Bridge is located in Crystal while the eastern portion of the Bridge is located in Golden Valley; and WHEREAS, Crystal and Golden Valley wish to share responsibility for installation of lighting on the Bridge and maintenance of the Bridge; WHEREAS, Crystal and Golden Valley entered into an agreement in February 2002 titled the Joint and Cooperative Agreement for Construction and Maintenance of Highway 100 Pedestrian Bridge at Bassett Creek; NOW, THEREFORE, in consideration of the mutual covenants herein, and other good and valuable consideration, the sufficiency of which is hereby acknowledged, Crystal and Golden Valley hereby agree as follows: 1. Termination of Prior Agreement. Crystal and Golden Valley do hereby agree that the February 2002 Joint and Cooperative Agreement for Construction and Maintenance of Highway 100 Pedestrian Bridge at Bassett Creek is hereby terminated and superseded in full by this agreement. 2. Installation of Lighting. Crystal shall be the lead agency with full responsibility for design, coordination and contract administration of installation of lighting on the Bridge. Such duties shall necessarily require that Crystal arrange for services including, but not limited to: obtaining an electrical feed point and service from the appropriate electric utility; obtaining and installing light fixtures; and obtaining and installing electrical wiring (collectively hereinafter, "Lighting Installation Services"). Crystal may, with prior approval of Golden Valley, contract with consultants to provide the Lighting Installation Services. Crystal, or its agent, must submit any plan to install lighting on property within Golden Valley to Golden Valley for review and comment. 2 3. Operation of Lighting. Crystal and Golden Valley shall equally share costs associated with design, installation and electricity costs associated with lighting on the Bridge. 4. Maintenance. a. Routine maintenance. "Routine maintenance" will include, but not be limited to, debris and litter removal and graffiti removal. Snow removal and normal lighting maintenance are not routine maintenance. Each city will be solely responsible for routine maintenance on an annual rotating basis commencing July 1 through June 30 of the following year. Crystal's latest term of maintenance expires on June 30, 2008. Golden Valley will begin its next term on July 1, 2008. b. Snow Removal. Golden Valley will be solely responsible for snow removal over the entire Bridge. Each city will be responsible for snow removal on the ramp approach panels in their city. c. Normal Lighting Maintenance. Crystal will be solely responsible for normal maintenance of the lights on the Bridge, including, but not limited to, all re~lamping and future touch-up painting of the light fixtures. All major costs (i.e., complete repainting and/or replacement of light fixtures) will be shared equally by the Cities. d. Approach Ramp Maintenance. Turf, landscape and approach ramp maintenance will be the responsibility and expense of each city within their respective city boundaries. e. Long- Term Maintenance. Long-term maintenance, including replacement or repair of any and all parts of the Bridge deck, structure or railing, or the installation of future lighting, shall be conducted and contracted by the Cities acting jointly and sharing the costs equally. f. Emergency Maintenance. Emergency maintenance on any and all parts of the Bridge deck, structure or railing will be undertaken by mutual effort of the Cities and the costs will be shared equally by the Cities. g. Long-term Replacement. Long-term replacement of the Bridge is not addressed by this Agreement. h. Policin!!. Each city shall undertake police efforts of the Bridge for criminal activity in accordance with their policies for other common facilities. 1. MnDOT Inspection Guidelines. Golden Valley shall assume responsibility for inspection of the Bridge in compliance with MnDOT bridge inspection guidelines and shall supply Crystal with a copy of the bridge inspection report. In the event that Golden Valley does not have city staff qualified to inspect the Bridge, or if it is determined that 3 additional inspection is required, Golden Valley shall retain a consultant to perform the inspection. The associated costs shall be shared equally between the Cites. 5. Limitation of Liabilities. For purposes of assignment of Worker's Compensation Liability, whenever an employee of either city is engaged in employment duties in connection with the Bridge, that employee shall be considered an employee of the city for whom he or she is regularly employed and shall not be considered an employee of the other city who is a party of this Agreement. 6. Bridge. Terms of Agreement. This Agreement shall remain in force for the life of the 7. Insurance. Each city shall maintain liability insurance for any claims arising out of the Bridge in the amounts established for maximum liability in Section 466.04 of the Minnesota Statutes. 8. Indemnification. The Cities each shall indemnify, defend and hold harmless the other from any loss, liability, cost, damage and claim arising from any act or omission on the part of its officers, employees, agents, contractor or representatives in connection with the l,lse, occupancy, development, operation, maintenance and repair of the Bridge, including any attorney fees and expenses incurred in defending any such claim. Nothing herein shall change or otherwise affect the liability limits established under Minn. Stat. ~ 466.04, as amended. The liability limitations. established in Minn. Stat. ~ 466.04 shall apply to undertakings pursuant to this Agreement, and no individual or entity may seek to increase recovery beyond the statutory amounts set forth in Minn. Stat. ~ 466.04 by attempting to aggregate the statutory amounts applicable to the Cities. 9. Successor and Assigns. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns, provided, however, that neither Crystal nor Golden Valley shall have the right to assign its rights, obligations and interests in or under this Agreement to any other party without the prior written consent of the other party hereto. 10. Amendment, Modification or Waiver. No amendment, modification or waiver of any condition, provision or term of this Agreement shall be valid or of any effect unless made in writing and signed by the party or parties to be bound, or its duly authorized representative. Any waiver by either party shall be effective only with respect to the subject matter thereof and the particular occurrence described therein, and shall not affect the rights of either party with respect to any similar or dissimilar occurrences in the future. 11. Saving Provision. If any provision of this Agreement shall be found invalid or unenforceable with respect to any entity or in any jurisdiction, the remaining provisions of this Agreement shall not be affected thereby, and such provisions found to be unlawful or unenforceable shall not be affected as to their enforcement or lawfulness as to any other entity or in any other jurisdiction, and to such extent the terms and provisions of this Agreement are intended to be severable. 4 12. Notices. Any notice given under this Agreement shall be deemed given on the first business day following the date the same is deposited in the United States Mail (registered or certified) postage prepaid, addressed as follows: If to Crystal: City Manager City of Crystal 4141 N. Douglas Drive Crystal, MN 55422 If to Golden Valley: City Manager City of Golden Valley 7800 Golden Valley Road Golden Valley, MN 55427 13. Termination. This Agreement shall remain in effect until terminated by either party or by mutual consent of the Parties. IN WITNESS WHEREOF, Crystal and Golden Valley have entered into this Agreement as of the date and year first above written. CITY OF CRYSTAL By: Its Mayor By: Its City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing Agreement was acknowledged before me this _ day. of , 2008 by and , respectively the Mayor and City Manager of the City of Crystal, a municipal corporation, on behalf of the City. Notary Public 5 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) CITY OF GOLDEN V ALLEY By: By: Its Mayor Its City Manager The foregoing Joint and Cooperative Agreement was acknowledged before me this _ day of , 2008 by and , respectively the Mayor and City Manager of the City of Golden Valley, a municipal corporation, on behalf of the City. 000090/480568/681762_1 Notary Public 6 alley Memo n m Cou ncil 763-593-8006/763..593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting July 15, 2008 Agenda Item 3. H. Human Rights Commission Appointments Prepared By Linda Loomis, Mayor Summary Each year the City Council conducts interviews with persons who have applied to serve on a board and/or commission. After the interviews are conducted the Council makes their appointments. Recommended Action Motion to make the following appointments to the Human Rights Commission: Roger McConico Christopher Jordan Debra Yahle 3 year term 3 year term 3 year term term expires - 5/1/11 term expires - 5/1/11 term expires - 5/1/11 alley M orandum Planning 763-593-8095 I 763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting July 15, 2008 "60 Days" Deadline: August 29, 2008 Agenda Item 4. A. Public Hearing - Preliminary Plat Approval- Lots 11 & 12, Block 3, Glen Urban 2nd Addition (Janalyn Circle and Glencrest Road) - DiGiacomo Homes, Applicant Prepared By Mark Grimes, Director of Planning and Development Summary At the May 28,2008 Planning Commission meeting, the Commission held an informal public hearing to consider the preliminary plan for the minor subdivision of Lots 11 and 12, Glen Urban 2nd Addition. The applicant is DiGiacomo Homes. There were many persons that spoke at the public hearing and their comments are reflected in the Planning Commission minutes. After the hearing, the Commission tabled consideration of the preliminary plan for the minor subdivision in order to get an updated drainage study for the area and tree preservation report from the City's Environmental Coordinator. On June 23, 2008, the minor subdivision was back before the Planning Commission. Although the public hearing was closed, the Chair permitted input from the public as reflected in the minutes from that meeting. At the June 23 meeting, Environmental Coordinator AI Lundstrom addressed issues related to the tree preservation plan and the City's tree preservation ordinance. The Planning Commission also received an updated drainage study letter from consulting engineer SEH. In the letter, the engineer from SEH stated that the additional drainage from the new houses that would be built as part of the minor subdivision would have insignificant drainage and runoff impact on the neighborhood. The engineer did, however, suggest that best management practices be observed that may include the construction of a small drainage area on the minor subdivision property. After discussion, the Commission voted unanimously to recommend approval of the minor subdivision with six conditions as outlined in the Recommended Action portion of this Summary. At the June 23, 2008 meeting, two pieces of information were given to the Planning Commission that I am passing on to the City Council. First is a letter from Rainbow Treecare dated June 20, 2008. This letter was not prepared by the applicant but by other property owners in the area. The letter states that a tree protection plan should be established for certain trees in the area. This will be done as part of the City's tree preservation requirement. The applicant has also stated that he will take special effort to protect the significant trees on the property. Second, there is a letter from Robert Burke submitted to the Planning Commission at the June 23 meeting dated June 18, 2008 in which he makes five points. I have reviewed this letter with the City Attorney and it is our opinion that these issues have all been addressed by staff and the Planning Commission. Attachments Location Map ( 1 page) Planning Commission Minutes dated June 23, 2008 (7 pages) Planning Commission Minutes dated May 28, 2008 (8 pages) Memo to Planning Commission dated June 12, 2008 (2 pages) Memo from Environmental Coordinator AI Lundstrom dated June 13, 2008 (1 page) Memo from SEH Engineers Sue Mason and Jeremy Walgrave dated June 16, 2008 (1 page) Memo to Planning Commission dated May 22,2008 (3 pages) Memo from City Engineer Jeff Oliver dated May 19, 2008 (2 pages) Letter from Robert Burke dated June 18, 2008 (6 pages) Letter from Ben Johnson, Rainbow Treecare (4 pages) Photos of the site (3 pages, loose in agenda packet) Site Plan (1 oversized page, loose in agenda packet) Recommended Action Motion to approve the minor subdivision of Lots 11 and 12, Block 3, Glen Urban 2nd Addition, subject to the following conditions: 1) The applicant will work with the Public Works Department regarding a run-off retention system 2) The final plat of this proposed minor subdivision (yet to be named) will be consistent with the preliminary plan submitted with the minor subdivision application. 3) The recommendations in the memo from City Engineer Jeff Oliver, PE, to Mark Grimes, Director of Planning and Development and dated May 19, 2008, shall become a part of this approval. 4) A park dedication fee shall be paid in an amount approved by the City Council at time of final plat approval. 5) Individual Tree Preservation Plans shall be submitted for the development of each of the proposed lots at time of building permit application. 6) A Subdivision Agreement will be drafted for review and approval by the City Council that includes issues found in the City Engineer's memo dated May 19, 2008. 4535 4540 4520 4510 Z13 308 3tt9 401 400 409 408 20 4240 J: 8 Ii: 4210 15 ~ 12: 426t1 4250 ... z 4300 :ill ..~. GLENWOOD AVE .olI9 43tI1 <Wl3 42S3 4115 16 0t3 100 20li 204 212 201 20S III 221 211 213 209 :s 208 ~ 0( w 310 ::E 430Il 4300 4224 421:1: 4116 4100 4100 GlENCREST RD 4301 4223 4211 4201 4115 4101 511 S15 m 529 S35 541 .1A\llALVt4 C1~ ^ $12 516 no 528 532 536 600 601 \ 100 TYROL TRL N 641 709 709 708 700 . 15 4600 4520 1 24 4$05 13 100 104 us I Subjec~ Prop~:rties 120 4541 4521 4511 400 4520 451f1 SOIl 4no Regular Meeting of the Golden Valley Planning Commission June 23, 2008 A r ular meeting of the Planning Com ission was held at the Golden Valley City Hall, Coun ' ambers, 7800 Golden Valley oad, Golden Valley, Minnesota, on Monday, June 23, 2008. Chair Waldhauser called ; e meeting to order at 7 pm. e City's Environmental Coordinator, AI Lundstrom is available to talk ommission about the City's tree preservation requirements. He referred. to the u drainage study done by SEH Consulting and stated that they don't feel that the proposed development would cause any significant changes to the existing storm water issues however, they do recommend that best management practices are followed. He suggested that a condition of approval be added regarding the requirement of a rain garden, infiltration basin or some sort of water retention system. 1. by Eck, seconded by Cera and 8 minutes with the corrections note 2. Continued Item - Minor Subdi - SU09-13 2, Block 3, Glen Urban Addition Applicant: Address: 3, Glen Urban Addition Purpose: n would create three separate lots to allow for the f three new homes Waldhauser re May 28, 2 preserv . area in ission that this subdivision request was tabled at their der to obtain further information regarding the City's tree nd to get an update on a drainage study that was done in the Eck stated that he was disappointed that Lundstrom's memo regarding tree preservation requirements didn't address the interconnected root issue and how oak wilt could spread from tree to tree. He said he spoke with Mr. Lundstrom about oak wilt and was told that it could be an issue in April, Mayor June but that the beetle that causes oak wilt is dormant Minutes of the Golden Valley Planning Commission June 23, 2008 Page 2 after June. He stated that at their previous meeting for this proposal there was concern for the large, old oak trees in this area. He added that those oak trees were there before the houses that exist there now were built so it has to be possible to build houses without wiping out all the oak trees. Waldhauser said she would like more information regarding the tree inventory. Lundstrom explained that there is no requirement for the applicant to do a tree inventory for this type of development. He stated that the applicant has provided a very preliminary, informal tree inventory, but more detailed information will be required when the t applies for building permits. Waldhauser asked Lundstrom if he could comment on the oak many could possibly be removed or damaged with this devel explained that the amount of trees removed or damaged de location of the proposed houses on the lots. He stated that h the applicant about the potential development and he current tree preservation requirements. There will . He explained that oak wilt is always a concern i explained that if a tree is wounded in April, May dressing to help prevent oak wilt. He adde for example red oak to red oak or white urban forest with a mix of trees. He ex together or their roots are grafted t to 100 feet in a year or two. how Int and ' ssions with si build under the hey can be minimized. n edevelopment. He ould be treated with wound only spread to like species that Golden Valley is an ak trees are close enough gus could possibly move up to 50 Cera asked how the City e explained that a building approved. e preservation plans are followed. Lundstrom ed until the tree preservation permit is determined to be a "significant tree". Lundstrom stated is 6 inches in diameter at the base and for softwoods s in diameter at the base. He added that for this particular maximum removal of trees before mitigation is required is .' ,.' strom to discuss his findings regarding the preliminary tree n. Lundstrom said it is feasible to build on these proposed lots without tion or no mitigation depending of the type of homes built and the homes on the lots. McCarty asked Lundstrom if he could estimate the average age of the trees in this area. Lundstrom said no and that it varies quite a bit. There is a large variety of trees including some old oaks and some new due to more recent developments. Kluchka asked if removing trees would affect the surface water drainage issues. Lundstrom stated that there is no information available regarding trees effect on surface Minutes of the Golden Valley Planning Commission June 23, 2008 Page 3 water drainage. He said his inclination is that the removal of 20% of the trees would have minimal to no affect on storm water issues. Schmidgall stated that if a developer can remove 20% of the trees and there were 30 trees on these lots the developer could remove 6 trees over the course of developing these 3 lots. Lundstrom clarified that the threshold for mitigation is 20%. If less than 20% of the significant trees are removed, the applicant does not have to mitigate. If more than 20% of the significant trees are removed, the applicant would have to mitigate. Grimes suggested that Waldhauser read aloud the memo from SEH requested updated drainage study. Waldhauser read the memo a s at SEH concludes that the proposed changes and development w' insl t that some sort of storm water reduction practice such rain garde nti n woulp fit nicely in this proposal. Grimes suggested adding a condit val a Ing that the developer should work with the Public Works Department reg , recommendations. . Kluchka referred to the pond in the area and as drainage issues in this neighborhood. Grimes e issues with the pond the neighbors could have a pump installed, the cost of whic owners. He explained that the drainag make sure that this proposal won't' added that there are also things problems. Id help mitigate the in order to mitigate any an improvement project to to the benefiting property bee one and updated in order to ate the current issues. Waldhauser do themselves to help reduce wate.r. Mike Schock, 4316 Glen Stinson, they had a tree record. He stated t . about preservation. Rainbow Tree e destructive to t tree pres removlI!\t~ , d that in conjunction with his neighbor, Judy e by inbow Tree Care. He submitted study for the difficult to replace the old oaks so he is more concerned there is no immediate danger to his trees but the that if trees become sick or wounded it can be s. e said he wants the City to be very aggressive regarding nts and he wants it to be economically painful for people " ii1 Glencrest Road, asked the Planning Commission if they have seen n these lots. He said based on the topography he doesn't know how built there without flattening the lots. He said he is concerned about the preservatl f wildlife. He loves the deer that hang out at the pond and migrate through these properties and developing these lots will significantly change the deer's migration paths. He added that he wants to make sure these homes are designed to be aesthetically pleasing because they will be corner lots and will stick out like a sore thumb if they are not. Bobbie Conner, 224 Janalyn Circle, said she's been asked by several neighbors to speak about a report written by Robert Burke (4223 Glencrest Road). She submitted copies of Minutes of the Golden Valley Planning Commission June 23, 2008 Page 4 the report to the Planning Commission. She highlighted the five major points from the report as follows: 1) In the promotional piece done by Mr. DiGiacomo the "front" of the home on proposed Lot C is on Janalyn Circle, not on Glencrest R.oad which is the narrower side of the lot; 2) The issue of steep slopes occurs in this proposal. The street drops 30 feet over 170 feet in length; 3) The issue of excessive wetness occurs in this proposal. People have had wet basements and yards and she has had to drive around water in the streets to get to her h.ouse; 4) A government agency such as the Bassett Creek Watershed Management Commission has not been included in this review and; 5) There is a question if Mr. DiGiacomo is legally capable of granting easecause he is not, at the present time, the owner of all the lots. She submitted ares that supp.ort Mr. Burkes' report and asked that the Planning Commissi d eir job d deny this request. She added that she needs to see much more deta' plans DiGiacomo. Jo \palyn Circle, said he does not object t.o the proposed subdivision as' city requirements, He stated that he and his neighbor, Jeff Nordstrom, t $12,000 worth of water removal equipment at their .own expense with the City eer's approval. He feels he has done his part and now the City needs t.o do what it's supposed t.o do when the water comes. ed how after a e street. He a and these proposed s ' that these proposed ad and there is n.o evidence environmental concerns ation and at what point ating four homes where there Gene Hollister, 240 Janalyn Circle, submitted photos of the. a it rains there are streams of water two to three feet in said there are only two drains in the street to servi new houses will increase the strain .on the sewe new homes are supposed t.o be in the style of th of that in this case. He stated that many of and asked if rain gardens w.ould increas environmental issues become feasible. were two also increases the popul Yvonne Fredericks, 300 Janaly buys a l.ot, there has to be long time and has not s She stated that the applic that need to be cle up. quite understand wh is not that big in the area be care of a to be t -, oesn't understand why, when a person Ie involved. She said she has lived in this area a ter problems people have been talking about. oug 'very nice piece of property, full .of dead trees id the developer has been very nice and she doesn't en so much discussion in the neighborh.ood because it t want this developer blamed for any water problems something the group in the neighborho.od should have taken e reiterated that she thinks a lot of the trees on these lots need ust wants to see the anxiety in the neighborhood go away., : ... ," Rich Baker, 224 Janalyn Circle, said that if the comments received are not applied to this project they should be c.onsidered for future action. He said that there were a lot of trees removed from these lots by builders that preceded this .one. He agreed that there sh.ould be a stranger disincentive t.o remove trees. He referred to the updated drainage study and said it was disapp.ointing in its scope because it only looked at impervious surface Minutes of the Golden Valley Planning Commission June 23, 2008 Page 5 coverage, not compaction, erosion and steep slopes. He said the City is doing a very poor job in assessing the hydrology report. Helga Thielen, 400 Janalyn Circle, said she is asking the City to deny this subdivision request. She said the proposal would increase density and she bought her house because of the large size of the lots. She said the impact from this development would be wide reaching because there are several lots in the area that could be subdivided so it would be wise for the City Council to deny this request. K not propos Commissl d the reo be e asked ation e removing Judy Stinson, 4308 Glencrest Road, said she has encountered in th belief that this subdivision is already a done deal because of the Ii's lite She said she supports Mr. Burke's report and requested that th ms In addressed because many developers can not be trusted to pr tr that going forward "more teeth" be put into the City's tree pr nd . requirements because there is not much of a financial cost in trees. Brant Pallazza, 4101 Glencrest Road, stated th these properties prior to this developer's reques in the total tree count. s been removed from ow those trees are included Seeing and hearing no one else wishin hearing. Kluchka said from what he has a better way to handle issu stated that the City does applicant could have the there will be a subd' . 'on tree preservation a It that neighborhood covenants might be , trees, wildlife and tree mitigation. Grimes . orhoods to have covenants but in this case the hom wners form an association. He reiterated that ment agreement to address the issues of grade and gs. Waldhauser s have to b more b Ie or the neighbors to form an association but there would h all of the neighbors and in her experience covenants create .. t environmental impact studies. Grimes stated that this proposal does shold to require an environmental impact study. He added that this esn't meet the threshold for the Bassett Creek Water Management o review but the City does follow their best management practices. Kluchka asked at what point the grading plans are done. Grimes stated that the grading plans are done during the building permit process. However, in this case the City has asked the applicantto show preliminary grading. He added that the elevation of the foundations will also be set in the subdivision development agreement. Cera clarified that the grade is set in the subdivision development agreement but the grading plan is done during the building permit process. Minutes of the Golden Valley Planning Commission June 23, 2008 Page 6 Kluchka asked what excessive wetness means. Grimes stated that there are ways to mitigate wetness on properties. He said excessive wetness is rare unless a property is in a wetland area. Kluchka asked if wetness refers more to protecting the foundation of buildings. Grimes said yes. Waldhauser suggested the Planning Commission take the concerns they have heard and see what additional support the City can give people to help them solve their own drainage problems. She said she agrees with the updated drainage study done by SEH and with staff reports. DiGiacomo stated that one of the lots has will be saved. He noted that the other 10 save. He stated that he wants to do w " h have significant value and them that he also wants to ake sure the trees survive, Eck stated that this is a "who do you believe" type of situation bec think the grade, the drainage and the build-ability of these lots i problems but there are professional staff and consultants sa i manageable. He said he has to accept the professional reli Cera asked if certain trees can be singled out not to b tree preservation ordinances states that any numb than 20% of the trees are removed then mitigati McCarty said subdivision reque of people against these types 0 requirements they are har of the proposed new ho architectural design stan keep the houses wi . the diversity of house s icult because there is a strong turn,?ut ~,:ut if the proposals meet the City's eferred to a comment made about the aesthetics hat Golden Valley does not have any eve ,. e thinks that the developer has incentive to ter of the neighborhood even though there is a large a. He said he is in support of this proposal. inclined to support this proposal. He said he wants to make s remain but feels that the tree preservation requirements will hat if these properties provide their own storm water . on add to'the existing drainage issues in the area. Grimes reiterated' agement will be a part of the subdivision development agreement.' Kluchk Grimes sa Council. hat the report written by Mr. Burke be forwarded to the City Council. e and the City Attorney will review the report and forward it to the City MOVED by McCarty, seconded by Eck and motion carried unanimously to recommend approval of the minor subdivision of Lots 11 & 12, Block 3, Glen Urban Addition in order to create three separate lots to allow for the construction of three new homes subject to the following conditions: Miputes of the Golden Valley Planning Commission June 23, 2008 Page 7 1) The applicant will work with the Public Works Department regarding a run-off retention system 2) The final plat of this proposed minor subdivision (yet to be named) will be consistent with the preliminary plan submitted with the minor subdivision application. 3) The recommendations in the memo from City Engineer Jeff Oliver, PE, to Mark Grimes, Director of Planning and Development and dated May 19, 2008, shall become a part of this approval. 4) A park dedication fee shall be paid in an amount approved by the City Council at time of final plat approval. 5) Individual Tree Preservation Plans shall be submitted for the dev the proposed lots at time of building permit application. 6) A Subdivision Agreement will be drafted for review and appr ncil that includes issues found in the City Engineer's memo d 3. ;: E3partment on Grimes suggested that the neighborhood also work with the and/or the Environmental Commission regarding the Cl requirements. ---Short Reports on Meetinglof the Ho cil, Board of lei' ing App pment Authority, City etings 4. No other business 5. "," ," Regular Meeting of the Golden Valley Planning Commission May 28, 2008 . regular meeting of the Planning Co . mission was held at the Golden Valley City Hall, C cil Chambers, 7800 Golden Val "y Road, Golden Valley, Minnesota, on Wed ay, May 28, 2008. Chair Ke sser called the meeting to ord rat 7 pm. . ioners Cera, Eck, ser, Kluchka, McCarty nt was Director of Planning ssistant Lisa Wittman. 1. McCarty referred t to be removed e second paragr ph on page one ' the first sentence. . MOVED Eck, seconded by McCart nd motion carried unanimously to Jove the Apr' , 2008 minutes with the above ,ted correction. 2. Informal Public Hearing - Minor Subdivision - Lots 11 &12, Block 3, Glen Urban Addition - SU09-13 Applicant: DiGiacomo Homes Address: Lots 11 & 12, Block 3, Glen Urban Addition Purpose: The subdivision would create three separate lots to allow for the construction of three new homes Grimes stated that the applicant is requesting to do a minor subdivision of Lots 11 and 12, Glen Urban 2nd Addition. The minor subdivision would re-subdivide the existing two lots into three new lots to allow for the construction of three single-family homes. He stated. . that the proposed three lots will each exceed the minimum lot size requirements of 10,000 square feet. Lot "A" will be 13,914 square feet, Lot "B" will be 1 0,260 square feet and Lot "C" will be 11,569 square feet. Grimes stated that he has had discussions with the applicant about the recently adopted single-family zoning code changes regarding infill development so the applicant is aware of the new requirements. Grimes referred to his memo dated May 22, 2008 and discussed the nine factors for consideration and approval. He explained that the City Engineer has stated in his staff report that the owner of the lots will be required to submit a grading and erosion control plan for each of the lots prior to construction. Grimes added that there has also been a Minutes of Golden Valley Planning Commission May 28, 2008 Page 2 suggestion by Public Works staff that a drainage study done for this area in the past be updated to include these proposed new lots to make sure that there is adequate storm water capacity. Keysser stated that he has been told by people in the neighborhood that the area does flood a couple times a year. Grimes said that it is his understanding that on occasion water has had to have been pumped out of the area. He stated that staff feels with proper grading plans there should be enough capacity in the system for these proposed new lots. Keysser asked about installing rain gardens. Grimes said the developer could address the issue of rain gardens. He added that rain gardens would probably be considered as a part of the individual grading and drainage plans for the homes. He noted that there was a large house removed from Lot 13 that also had a swimming pool so the overall hard surface area probably won't be significantly changed after these proposed new homes are built. Eck referred to proposed Lot "B", the middle lot, and asked if the 12.5 foot setback meets the requirements. Grimes said that it depends on the height of the house. If the house is more than 15 feet in height then the side yard setbacks will need to be increased. Eck said he is concerned about the homes being able to meet the setback requirements. Grimes explained that the Planning Commission is not approving the homes as a part of this subdivision proposal. The plans just show the building envelope and the possible size and scale of the proposed homes. He added that he wants to make it clear that the style and character of the potential homes could change from those shown on plans submitted by the developer with the minor subdivision application Cera asked if the grade of the lots will be set as a part of the subdivision agreement. Grimes said yes. The grade of the lots will be set in the subdivision agreement approved by the City Council at the time of final plat approval. Kluchka asked about the impact the proposed new houses will have on the existing pond. Grimes stated that based on the information submitted there will not be an adverse effect on the pond but staff is requiring that the existing drainage study be updated just to be certain. Kluchka asked if the run-off from these homes will go into the pond or if the drainage issues are a street issue. Grimes stated that the drainage study will show if there is enough capacity in the pond. Rocky DiGiacomo, Applicant, stated that the former home located at 229 Janalyn Circle straddled the property line between proposed Lot "A" and Lot 13. He explained that the impervious surface area of the proposed new homes on the three new lots will be fairly similar in comparison to the former house at 229 Janalyn Circle and the existing home at 4108 Glencrest. He added that the run-off from the new homes will be more evenly distributed than before and he would like to create a rain garden in the low point on Lot "A" to help with water in the low area. Keysser asked if the existing newly built home on Lot 13 just to the east of Lot "A" is sold. DiGiacomo said yes. Keysser asked the applicant if he has buyers for the proposed three new homes. DiGiacomo said no. He stated that there is a strong resurgence of people Minutes of Golden Valley Planning Commission May 28, 2008 Page 3 who want to move back to this area and that these lots will be developed by him or by someone else. He added that he is working hard not to diminish the quality or character of the neighborhood. Keysser asked about the style of the proposed new homes. DiGiacomo said he is most comfortable building the arts and crafts style of home. Keysser asked the applicant if he will be the builder of the homes on the three proposed lots. DiGiacomo said yes. Keysser opened the public hearing. Jeff Nordstrom, 232 Janalyn Circle, stated that there has been a lot of talk about the pond being an issue or not and there is clearly an issue of how much more water the pond can hold. He stated that water comes back through the pipes and backs-up on people's property and the City has to pump it out. He said the issue needs to be addressed because it is not getting better. Marcia Cushmore, 4300 Glencrest Road, read a letter from Mike Schock and Leslie Baken at 4316 Glencrest Road. The letter stated that they are concerned about Mr. DiGiacomo's claims that he is committed to ecologically influenced home construction yet his web page is void of references to the floral ecological footprint created by his construction. They stated that one of the preeminent ecological elements of North Tyrol is the healthy and long lived oak forest. They stated that they do not argue with the right of private developers to create upgraded living space in their neighborhood however they believe that the evidence strongly suggests that the current developer thinks of ecology on a single dimension, that of the building he constructs. They attached photos of the . applicant's recent work and noted that is void of any pre existing trees and the landscaping is young and offers little shade and water uptake. They noted that many of the trees on or near the property at 301 Janalyn Circle are nearly a century old and any plan to build multiple new homes on and around the oak forest is na"ive. They stated they . are concerned about destroying many of the adjacent trees and added that the ecological and economic costs of losing a dozen centenarian oak trees far outweighs the gain from eVen the most energy efficient construction possible. They said they understand that the Planning Commission must be fair to both the developer and neighborhood and urged the City to require significant guarantees that the developer would build without harming both. the conifer stand and the oak grove surrounding 301 Janalyn Circle. Gene Hollister, 240 Janalyn Circle, said his main concerns are the pond and the run-off because there are water problems during heavy rains. He said during a heavy rain his neighbor's back yard becomes a pond and the water goes onto his driveway and he's had to put in "speed bumps" at the end of his driveway to help divert the water. He said he believes there is going to be a lot of trees lost and there is not enough slope on the street to direct the water to the pond. Ryan Urness, 308 Janalyn Circle, said the corner of Glencrest Road and Janalyn Circle is a relatively high point. He said his biggest concern is that he is not sure these proposed new lots will be saleable given their size and elevation. He added that he does not want a dirt pile sitting across the street from him waiting for a home to be built. Minutes of Golden Valley Planning Commission May 28,2008 Page 4 Judy Stinson, 4308 Glencrest, said her neighborhood is in the "old forest" section of Golden Valley with dozens of mature oaks, maples, elms and numerous other trees and shrubs. She said most families in her neighborhood are long-term residents who live there because of the exceptional beauty and environment. She stated that it is important to consider that a heavily wooded old forest environment is very different from a typical city or single home area that has widely spaced trees. She stated that oaks are the most vulnerable to construction related damage and most of the neighborhood oaks stand 50- 70 feet tall with 20-30 inch diameter trunks. Their canopies typically span 60 to 80 feet and are all root connected to a distance of 150 to 200 feet. She stated that the proposed subdivision and construction threatens the health of their oak trees and exposes them to oak wilt and other insect and disease problems. She referred to a University of Minnesota publication regarding protecting trees from construction damage and explained that it describes the prevention of damage to root systems by providing a formula for arriving a,t the protected root zone as well as the impact of construction activities. She added that the guide also states that the occurrence of oak wilt is four times more likely within 160 feet of a construction site. She referred to Lot "C", the eastern most lot in the subdivision proposal, and said she is concerned about the proposed new location of the driveway because within a few feet of that driveway there are six mature oaks, two pine trees and others. These trees would likely not be able to survive the excavation and soil compaction associated with new construction and any tree removal would cause extensive damage and risks to the root systems of the neighboring root-connected trees. She suggested the proposed new home on this lot be built in the same footprint as the existing home with the driveway remaining in its current location so that no new excavation would be done. She referred to Lot "B", the middle lot, and said it has the added complication of being even more heavily wooded and of being positioned on a steep grade. She stated that construction on this lot would involve considerable leveling of the site and changes in site grade increasing the risks associated with soil compaction and changes to water run-off and sunlight. She said that her comments are not intended as criticism against any particular developer because it would not be possible for any developer to undertake the proposed development without cutting into the root systems of the neighborhood's oak trees. She said she understands that a property owner has the right within certain guidelines to do what they want with their property but the guidelines for redevelopment of "virgin forest" land should be very different from those established for development of city land where deforestation is not an issue. She said she believed that the long-term interests of the existing homeowners should outweigh the short-term interests of developers and that developers do not have the right to damage her trees or place them at risk. Paul Denecke, 228 Janalyn Circle, stated that up until 5 or 6 years ago the neighborhood had a constant water problem and after a heavy rain he would have water on his lawn and the water would back-up on the streets. He said he is concerned about having enough storm sewers to handle the water. Bobbie Connor, 244 Janalyn Circle, showed the Commissioners a list of addresses in the area that have multiple oak trees. She said she counted 85 oak trees in yards of just 12 properties on Janalyn Circle so she hopes that there will be a great effort to protect these trees. She referred to a Penn State study regarding reducing the life of trees and stated Minutes of Golden Valley Planning Commission May 28,2008 Page 5 that three poor decisions and misconceptions are: 1) trees are elastic enough to adapt to abrupt changes, 2) our actions in and around trees do not obviously and immediately impact the trees and 3) the trees have been there for years so nothing will affect them. She discussed how changes in grade and soil compaction affect the trees. She added that the grade for the new home that was recently built by the applicant was changed considerably and she thinks it is important to measure the grade where the new houses are being proposed to see how significant the grade change will be. Rich Baker, 224 Janalyn Circle, commended the applicant's efforts to build "green" houses. He referred to the drainage issues and stated that the design of the pond is built to hold water well above the low point in the road. He said the City put a siphon in the pond in order to hook up a fire truck and pump the water into Wirth Lake. He said there are significant problems that aren't going to be solved with a rain garden and he is going. to be looking for significant on-site storage if this subdivision is approved. He added that there are going to be changes in permeability, compaction, erosion and nutrient run-off with the addition of these proposed houses. He stated that he agrees with the applicant's desire to preserve architectural style diversity but the three homes the applicant has built in their neighborhood all look very similar with big roofs that face the road and he does not want to see four of these same houses in a row. He said he hopes the applicant does a better job of trash control than he has done with the current home being constructed. He added that the tree preservation is important and the City's tree preservation ordinance is inadequate and should be improved upon because it is the large oak trees that make this neighborhood unique. Rachel Rosen, 401 Janalyn Circle, stated that the selling point of their house was the gorgeous trees. She said the thought of losing or damaging the trees is heartbreaking and asked that the tree issues be taken seriously. Helga Theilen, 400 Janalyn Circle, said she supports the ideas that have been presented by her neighbors. She said her concern is not only the loss of trees but the loss of space by the proposed lot sizes. She stated that the proposed lots only slightly exceed the minimum lot size requirements and she'd prefer this subdivision not go through because it will cause significant changes to their neighborhood. Bridget Burke, 4223 Glencrest,' said that one reason she was attracted to this _ neighborhood is the character of the homes, the trees and the lot sizes. She said she is renovating her home and has worked hard to keep the architectural character of the neighborhood. She supports the concern over the oak trees and said she doesn't agree that the proposed homes are in character with the Tyrol Hills style of homes. Mary Adair, 505 Janalyn Circle, said she wonders how the applicant is going to build on the proposed lots without changing everything. She stated that there is a large red or white pine on one of the lots that she is concerned about losing. She said she would support not building on the middle lot but just building on the two end lots. Ralph Jacobson, 516 Parkview Terrace, said a couple of years ago Dave Allen put up two houses next to his. Trees were taken down and he was assured new trees would be put Minutes of Golden Valley Planning Commission May 28, 2008 Page 6 in and of course they weren't. He said he is concerned that the developer for this project won't be sensitive to the tree issues. Hazel Belvo, 4300 Glencrest, said aesthetics are her main concern. She said they are a neighborhood of distinctly different homes and designs which gives a distinct character. She said the new house recently built at 4108 Glencrest is out of character and out of scale for the neighborhood. She referred to the applicant's brochure and noted that it shows a image of a very warm home but what was actually built is nothing like the image in the brochure. Marcia Cushmore, 4300 Glencrest, said that the neighborhood is a wonderful place to raise kids and the Planning Commission has heard how much they love their trees. She said when she saw the new house being built at 4108 Glencrest she was in a state of shock and sick. She said she thinks it's cold, unaesthetic and doesn't respect the neighbors or the surroundings. She said she is concerned about vacant lots being in the neighborhood for long periods of time. She said that the builder may be a "green" builder but "green" builders build around existing trees. She noted that the applicant has stated that he doesn't want to diminish their neighborhood but he has and she hopes the City understands how deeply she cares about the ecology of the world today. Seeing and hearing no one else wishing to comment, Keysser closed the public hearing. DiGiacomo said he respects the fact that so many people have come forward and care about their neighborhood. He reiterated that the total hard cover of the proposed new Lots is not that dissimilar to what was previously there and a drainage plan for every lot will . probably help the existing drainage issues. He addressed the concerns about the trees and noted that there are four oak trees on Lot "C" and none of them will be impacted. He explained that the proposed new home on Lot "C" will sit roughly in the same place as the home sitting there currently. He said the existing home is non-conforming because it is too close to the front yard property line and the home he is proposing will meet the setback requirements. Keysser asked the applicant if it would work for him to build the new home on Lot "C" in the exact same location as the existing home. DiGiacomo said he would prefer to build . the new home in the same localion as the existing house but he would require a variance to do so. Grimes stated that the location of the homes is not dealt with as a part of the - subdivision proposal. The applicant would have to go to the Board of Zoning Appeals if he needed a variance and he is not sure what the hardship would be. DiGiacomo explained that Lot "B" is the most heavily wooded lot. It has two large elm trees which will survive, but it is mostly buckthorn and boxelder that should be removed. He added that no large trees on Lot "A" will be impacted. Grimes reiterated that each lot will be required to have a tree preservation plan and the City's Environmental Coordinator will suggest protection measures for the trees at the time of construction. Minutes of Golden Valley Planning Commission May 28,2008 Page 7 Cera asked about the repercussions if the trees are removed before the lots are sold. Grimes said it would be a violation of City Code. He explained that once an applicant has gone through the subdivision process only a certain percentage of the trees can be removed without there being a large penalty. He added that most developers are interested in preserving good trees because they are valuable to the lots. Keysser asked if there is an escrow account required in case the tree preservations plans are not followed through. Grimes stated that there is an inventory done and reiterated that only a certain percentage of the trees can be removed. DiGiacomo stated that there is an escrow account required. He said that he appreciates the oak trees as much as anybody and they are valuable. Eck questioned one of the neighbors comments regarding a large red or white pine located on one of the lots. DiGiacomo said he thinks the tree referred to is located on Lot "A" and stated that the larger pines will remain. Cera asked if the City owns the pond on Janalyn Circle. Grimes said yes and explained that the updated drainage study will hopefully show that there is enough capacity in the pond. Keysser asked if the Planning Commission can recommend that additional storm water capacity be required if needed. Grimes said yes and reiterated that the City Engineer thinks there will be enough capacity for these new homes because the amount of hard. surface area will not be substantially increased. He added that staff believes that the proposed development can occur with no negative impacts to adjoining properties. Waldhauser said she gets the sense that some mitigation has been done by the City regarding drainage and that the drainage issues in this area are pre-existing and not being caused by these proposed new homes; the neighbors just want the City to fix the problems. Keysser said he thinks there might be a minor exacerbation in the drainage issues as a result of this proposed subdivision. He suggested they install a pond on Lot "A". Waldhauser said they can't expect this development to solve the existing drainage problems. Schmidgall questioned an earlier comment about there being four homes where there are currently two. Grimes explained that this subdivision proposal takes two existing lots and divides it into three but there is an adjacent property that the applicant has also built a home on so there will be four new homes in the immediate area. Cera said he likes the idea of requiring a pond or rain garden on Lot "A". Grimes said the Planning Commission could add a recommendation about maintaining the oak trees and making sure the roots aren't damaged. Keysser clarified the possible conditions of approval they've discussed as follows: 1) requiring an update of the existing drainage study, 2) requiring a drainage pond or rain garden, 3) requiring special effort to maintain the oak trees and if possible move the Minutes of Golden Valley Planning Commission May 28, 2008 Page 8 location of the proposed new house on Lot "C" to be in the same location of the existing house on Lot "C". Grimes stated that the Planning Commission could also suggest that the Board of Zoning Appeals consider the trees as a hardship in this case in order to keep the location of the proposed new house in the same spot on Lot "C". Kluchka said that part of the value of the trees is the fact that they are probably already acting as a rain garden and that removing the existing trees will have an impact on the drainage as well. He said he is concerned enough to deny the application because he feels there is not adequate capacity and drainage as the subdivision regulations require. Grimes suggested submitting the tree preservation plans to the engineer that will be updating the drainage study to determine if the removal of the trees will impact the drainage. Kluchka asked if the City would be able to address the capacity issue in the pond. Grimes stated that if the study indicates that the storm water capacity in the pond needs to be increased it would likely be done through a City project. He explained that the City's systems are built to certain standards but they can not be built to accommodate 100 year flood events. Kluchka said he doesn't have reason to believe that a rain garden will help with the capacity issues. Schmidgall asked how often water is pumped out of the area. Grimes guessed a couple times per year. Rich Baker, 224 Janayn Circle, stated that in the 10 years he's lived in.this neighborhood the City has had to pump water out twice. Veryle Logan, 301 Janalyn Circle, stated that the City's Environmental Coordinator has told her that the buckthorn and boxelder should be removed from these lots. Eck said he is disappointed that the Planning Commission doesn't have a report from the Environmental Coordinator regarding the trees in the area. Keysser suggested tabling this subdivision request in order to review the updated drainage study and to also get a report from the Environmental Coordinator. Kluchka stated that the Planning Commission's guidelines are to look at the subdivision and the drainage. He questioned if the trees ar~ . something the Planning Commission can consider as part of a subdivision request. Eck said he thinks the trees are a significant enough matter that they should be addressed by the Environmental Coordinator. Keysser suggested again that they table this request in order to get an update on the drainage report and a report from the Environmental Coordinator regarding the trees. MOVED by Kluchka, seconded by Eck and motion carried unanimously to table this subdivision request to the June 9,2008 Planning Commission meeting in order to get an updated drainage study and tree preservation report. ---Short Recess--- Hey Planning 763-593-8095 I 763-593-8109 (fax) Date: June 12, 2008 To: Golden Valley Planning Commission From: Joe Hogeboom, City Planner Subject: Continued Informal Public Hearing on Preliminary Plan for Minor Subdivision of Lots 11 and 12, Glen Urban 2nd Addition - DiGiacomo Homes, Applicant On May 28, 2008, DiGiacomo Homes appeared before the Golden Valley Planning Commission to request approval of a preliminary plan for a minor subdivision of lots 11 and 12 in the Glen Urban, 2nd Addition Subdivision, located in North Tyrol Hills. At that meeting, Director of Planning and Development Mark Grimes recommend approval of this request based on criteria set forth in Section 12.50 of City Code. As conditions of his approval, Director Grimes recommended the following: 1. The final plat of this proposed minor subdivision (yet to be named) will be consistent with the preliminary plan submitted with the minor subdivision application. 2. The recommendations in the memo from City Engineer Jeff Oliver, PE, to Mark Grimes, Director of Planning and Development and dated May 19, 2008, shall become a part of this approval. 3. A park dedication fee shall be paid in an amount approved by the City Council at the time of final plat approval. 4. Individual Tree Preservation Plans shall be submitted for the development of each of-the proposed lots at time of building permit application. 5. A Subdivision Agreement will be drafted for review and approval by the City Council that includes issues found in the City Engineer's memo dated May 19, 2008. Following concern from neighbors regarding drainage control and tree preservation in the area, the Planning Commission tabled this request to a future date. AI Lundstrom, City Environmental Coordinator, has submitted a memorandum to the Planning Department that outlines the tree preservation process in the Glen Ur~an Subdivision proposal. Mr. Lundstrom states that the Glen Urban subdivision proposal has been classified as a 'single phase development.' As such, individual tree preservation permits will be required for each subdivided lot. A preliminary tree inventory that identifies significant trees is also required of the developer. Mr. Lundstrom's memo (attached) also outlines specific requirements of single- lot tree preservation permits and an explanation of tree preservation and mitigation process. Following the May 28 Planning Commission meeting, the Planning Department also received a report from SEH Inc., outlining considerations on drainage control on Janalyn Circle. The report states that a water runoff model was prepared in 2006 to evaluate the pond on Janalyn Circle and address concerns regarding flooding in the area. Sue Mason, P.E. and Jeremy Walgrave, P.E. have determined that proposed impervious surfaces in the DiGiacomo development do not create a significant change to the findings of the 2006 runoff model. However, due to localized drainage and flooding concerns in the area, SEH Inc. recommends that local storm water reduction practices, such as rain gardens and bio-retention basins, be implemented. Per the above findings, I propose to add the following condition to staff recommendation for the" minor subdivision proposal: . The developer shall work with the Public Works Department to develop an on-site runoff retention system, consistent with recommendations made in the memo from Water Resource Engineers Sue Mason and Jeremy Walgrave dated June 16, 2008. On June 3, 2008, staff met with Rocky DiGiacomo of DiGiacomo Homes to discuss concerns raised at the Planning Commission meeting. At that time, staff and Mr. DiGiacomo discussed tree preservation requirements as well as possible runoff mitigation techniques. Mr. DiGiacomo has indicated his willingness to work with the City to ensure all of the appropriate environmental protection measures are met. Staff retains its original recommendation for approval of this request, with the addition of the above-stated condition. Attachments: Location Map (1 page) Aerial Photo (1 page) Minutes of Golden Valley Planning Commission dated May 28,2008 (8 pages) Memo from Environmental Coordinator AI Lundstrom dated June 13, 2008 (1 page) Memo from SEH Water Resource Engineers Sue Mason and Jeremy Walgrave dated June 16, 2008 (1 page) Memo from Director of Planning and Development Mark Grimes dated May 22, 2008 (3 pages) Memo from City Engineer Jeff Oliver dated February 28, 2008 (2 pages) Site Plans (1 oversized page) 'lley Memorandum Public Works 763.593.8030 I 763.593.3988 (fax) Date: June 13, 2008 To: Mark Grimes, Director of Planning and Development Through: Jeannine Clancy, Director of Public Works From: AI Lundstrom, Environmental Coordinator M Subject: Glen Urban Subdivision Proposal (Tree Preservation Process) Golden Valley's tree preservation permit classified the Glen Urban subdivision proposal as a "single phase development". This classification will require individual tree preservation permits for each subdivided lot. In addition to the individual permit requirement, staff met with the developer prior to the subdivision process. Staff requested a preliminary tree inventory of the proposed development site to identify significant trees. Staff made this request to determine on a preliminary basis the total impacts to the site and to assess the removal and mitigation options. This process is helpful for staff and the developer to determine if the project is feasible and to determine the potential construction layout possibilities with the goal of saving significant trees. Prior to receiving the draft development proposal for the Glen Urban subdivision, staff met with the developer to discuss specific tree preservation requirements. A preliminary tree inventory has been received and a field inspection has been made to verify the submittal. A single-lot tree preservation permit allows for removal of 20% of the existing significant trees prior to mitigation requirements. For every tree removed above 20%, several options are available for mitigation. The most common option is to replace two 2 %" diameter balled in burlap trees for every tree above the 20% allowable. In addition to mitigation, the tree preservation permit requires a tree protection plan for the trees to remain on site throughout the construction process. G:\AI Lundstrom\BBR MEMO'S\2008 Plan Review\Glenurban subdivision.doc ~ SEH MEMORANDUM TO: Jeannine Clancy, Director of Public Works Jeff Oliver, City Engineer FROM: Sue Mason, P.E. Jeremy Walgrave, P.E. Water Resource Engineer DATE: June 16, 2008 RE: Janalyn Circle SEH No. AGOLDV0602.00 As requested, we reviewed the lot subdivision proposed for Janalyn Circle for the proposed minor subdivision oflots 11 and 12, Block 3, Glenurban Subdivision 2nd Addition, into 3 lots by owners Beryle Hudson (lot 11) and Rocky DiGiacomo (lot 12). In 2006, SEH prepared a surface water runoff model to evaluate the pond and review concerns for localized flooding in the sub watershed. We reviewed the proposed subdivision as it relates to surface water. The XP-SWMM model was reviewed given the new information. The original model assumed 30% impervious coverage for the residential neighborhood. The impervious coverage of the proposed lots ranged from 29% to 32%. The proposed changes are in line with what was originally assumed. The change is insignificant, requiring no change to the model or the original recommendations of the study. However, since the pond does not have a gravity outlet, and there have been other localized drainage and flooding concerns in the neighborhood, we recommend that the proposed lots provide some sort of storm water reduction practice like a rain garden or bio-retention basin. It appears that this sort of approach would fit nicely with their approach to sustainability. The high-water elevation in the original drainage study was reported at elevation 866.9 for a snow melt condition, which is the condition recommended in the case of a pond with no outlet. The information on the plan shows the garage elevation at 869, but does not show the lowest floor or window opening. The property owner will want to be sure the lowest building elevations are protected from the snow melt condition elevation. smm Short Elliott Hendrickson Inc., 3535 Vadnais Center Drive, St. Paul, MN 55110-5196 SEH is an equal opportunity employer I www.sehinc.com I 651.490.2000 I 800.325.2055 I 651.490.2150 fax Hey Planning 763.593.80951 763.593-8109 (fax) Date: May 22, 2008 To: Golden Valley Planning Commission From: Mark W. Grimes, Director of Planning and Development Subject: Informal Public Hearing on Preliminary Plan for Minor Subdivision of Lots 11 and 12, Glen Urban 2nd Addition-DiGiacomo Homes, Applicant Rocky DiGiacomo of DiGiacomo Homes has applied for a minor subdivision of Lots 11 and 12, Glen Urban 2nd Addition. The minor subdivision would re-subdivide the existing two lots into three lots for single-family homes. The property is located in the North Tyrol area on Janalyn Circle and Glencrest Dr. Mr. DiGiacomo is the current owner of Lot 12 and Veryle Logan Hudson is the owner of Lot 11. Mr. DiGiacomo has a purchase agreement on Lot 11. The total area in the subdivision is 35,743 sq. ft. or .82 acre. The proposed three lots will each exceed the minimum lot size requirement of 10,000 sq. ft. in the R-1 zoning district. The. proposed lot sizes are as follows: A-13,914 sq. ft., 8-10,260 sq. ft., C-11 ,569 sq. ft. (Existing Lot 12 is about 21,000 sq. ft. in area and Lot 11 is about 15,000 sq. ft. in area.) It is my understanding that new homes will be constructed on Lots A, 8. and C. Therefore, the home at 301 Janalyn Circle will be demolished to make way for a new home. Mr. DiGiacomo has submitted all the information that is required as part of a minor subdivision as outlined in Section 12.50 of the Subdivision Code. Each of the new lots exceed the minimum lot size requirements established for lots within the R-1 zoning district. The properties are located in the R-1 Single-Family zoning district and designated on the General Land Use Plan Map for Low Density development. Factors for Consideration and Approval Section 12.50, Subd. 3 outlines the Conditions for Approval or Denial of a minor subdivision application. There are nine points listed (A. through I.). Staff comments on each of those points are listed below: 1. Proposed lots must meet requirements of the applicable zoning district. As stated above, each of the lots exceed the minimum lot and width size requirements for the R-1 zoning district. Each lot will have full frontage on a public street. Mr. DiGiacomo has been informed of the new requirements recently adopted by the City related to infill development and "McMansions". Mr. DiGiacomo has assured staff that the homes he plans to build on these three lots will meet all City requirements. Mr. DiGiacomo recently 1 completed the house directly to the east of these lots. He states in promotional material that this house is "sized to scale" with other homes in the neighborhood. He said that the homes proposed on the new three lots would also be scaled to the neighborhood. 2. Minor subdivisions may be denied upon the City Engineer's determination that steep slopes or excessive wetness encumbers the buildable portion of the resulting new lots. City Engineer Jeff Oliver, PE, has written a memo to me dated May 19, 2008 regarding this minor subdivision. The issue of steep slopes or excessive wetness was not addressed in his memo because these concerns are not a significant issue in this subdivision. As stated in his memo, the owner of the lots will be required to submit a grading and erosion control plan for each of the lots prior to construction. 3. Minor subdivisions may be denied if public sewer and water connections are not directly accessible to each proposed lot. As stated in the City Engineer's memo, City services are available to each of the lots. 4. Approval of minor subdivisions shall be conditioned on the applicant's granting of easements for necessary public purposes as determined by the City. As part of the final plat for this three lots subdivision, drainage and utility easements must be shown on the final plat as indicated in the City Engineer's memo. 5. When public agencies other than the City have some form of jurisdiction over an area including or directly affected by a proposed minor subdivision, approval of the minor subdivision may be conditioned on the requirements of the outside agency. There are no requirements from any outside agency in this case. 6. If the applicant is required to submit a review of the property's title, the approval of the minor subdivision shall be conditioned on the applicant's resolution of any title issued raised by the City Attorney. The City Attorney will determine if review of the title is necessary prior to final plat approval. 7. Minor subdivisions of nonresidential properties may be denied if the City Engineer determines that adequate public facilities are not available to serve the site. This is residential property so this provision does not apply. 8. Approval of a residential minor subdivision shall be conditioned on the payment of a park dedication fee in the amount established by the City Council. The City Council has the right to as~ess a park dedication fee at the time of final plat approv~lI: Staff will recommend a park dedication fee at time of final plat approval by the City Council based on the City's ordinance. 9. Refers to minor subdivision for double bungalows. This is not applicable in this case because not double homes are proposed. Recommendation Staff recommends approval of the minor subdivision of Lots 11 and 12, Glen Urban 2nd Addition that would subdivide the two lots into three conforming single-family lots consistent with the zoning code and land use plan. The staff is recommending the following conditions: 2 1. The final plat of this proposed minor subdivision (yet to be named) will be consistent with the preliminary plan submitted with the minor subdivision application. 2. The recommendations in the memo from City Engineer Jeff Oliver, PE, to Mark Grimes, Director of Planning and Development and dated May 19, 2008, shall become a part of this approval. 3. A park dedication fee shall be paid in an amount approved by the City Council at time of final plat approval. 4. Individual Tree Preservation Plans shall be submitted for the development of each of the proposed lots at time of building permit application. 5. A Subdivision Agreement will be drafted for review and approval by the City Council that includes issues found in the City Engineer's memo dated May 19, 2008. Attachments Location Map (1 page) Memo from City Engineer Jeff Oliver, PE, to Mark Grimes dated May 19, 2008 (2 pages) Photos of property (5 pages) DiGiacomo Advertisement of house for sale to the east of the proposed subdivision (2 pages) Preliminary Plan and Applicant Narrative (aerial plan showing lot lines and potential home locations) (1 oversized page) 3 tol Valley Public Works 763.593.8030 /763.593.3988 (fax) Date: May 19, 2008 To: Mark Grimes, Director of Planning and Development From: Jeff Oliver, PE, City Engineerz:.tJ!; Subject: Review of Proposed Minor Subdivision: Lots 11 and 12, Glen Urban 2nd Addition Public Works staff has reviewed the proposed subdivision of Lots 11 and 12, Glen Urban 2nd Addition. The proposed development, which is located on Janalyn Circle at the intersection of Glencrest Road, proposes subdivision of two existing lots into three lots. Site Plan: The proposed subdivision will require that a final plat be prepared. This final plat must be prepared by a licensed professional land surveyor, and must be consistent with the City's subdivision ordinance. The ordinance requires that a 1 O-foot wide drainage and utility easement be established on the plat boundaries, including the east property line and the street frontages. In addition, the final plat must include a 12-foot wide drainage and utility easement centered (6 feet on each side) on each of the interior lot lines. Utilities: There are existing City sanitary sewer and water mains available to provide service to the proposed development. There is adequate capacity in the City systems to provide service to this development. . The existing home on "Lot C" is currently connected to the sewer and water system with services extended into the lot from Glencrest Road and Janalyn Circle. There are no existing sanitary sewer services or water service available to "Lot A" or "Lot S". Therefore, the developer will be required to install new services to these lots when homes are constructed. These services must be installed consistent with the City's standards and specifications for utilities. The developer must obtain the appropriate sewer and water permits at the time of home construction. G:\Developments - Private\Janalyn Circle\Prelim Appv 051908.doc The required sanitary sewer and water service installation, and the installation of driveways for new homes, will require a City of GoldenValley Right-of-Way permit. The developer must apply for these permits at the time of home construction. Gradin~, Draina~e and Erosion Control: The developer submitted a conceptual grading plan as part of this proposed subdivision. Based upon the information submitted, it appears that drainage from the new proposed development can occur with no negative impacts to adjoining properties. The developer will be required to comply with the City's Grading, Drainage and Erosion Control Ordinance for construction of each of the proposed homes. This includes preparation of a grading plan, prepared in accordance with City standards and specifications, for each lot at the time of application for a building permit. Tree Preservation: The developer has submitted a conceptual Tree Preservation Plan for this development. However, an individual Tree Preservation Plan, specific to each lot, must be obtained at the time of application for building permits. Summary and Recommendation: Based upon the materials submitted for review, the Public Works Department recommends approval of the proposed subdivision of Lots 11 and 12, Glen Urban 2nd Addition, based upon the comments contained in this review. C: Tom Burt, City Manager Jeannine Clancy, Director of Public Works Eric Eckman, Public Works Specialist Mark Kuhnly, Chief of Fire and Inspections Gary Johnson, Building Official Ed Anderson, Deputy Fire Marshal G:\Developments - Private\Janalyn Circle\Prelim Appv 051908.doc June 18, 2008 City of Golden Valley Planning Commission 7800 Golden Valley Road Golden Valley, MN 55427 Re: Proposed Minor Subdivision - Lots 11 & 12, Block 3, Glen Urban 2nd Addition Dear Planning Commissioners: For the reasons given below, we, the undersigned neighborhood stakeholders, respectfully request that the Plarining Commission deny the proposed minor subdivision of Lots 11 & 12, Block 3, Glen Urban 2nd Addition. I. As you know, Golden Valley City Code S 12.50, subd. 3 sets forth the factors to be considered by the Planning Commission when determining whether to approve or deny a proposed minor subdivision According to City Code S "12.50, subd. 3, a minor subdivision shall be denied anytime that one of the proposed lots fails to meet one (or more) of the requirements of the appropriate zoning district. One of the lots proposed by the applicant may not meet the requirements of the R-l zoning district in which it would be situated. In pertinent part, City Code S 12.50, subd. 3 states that the minimum front setback line shall be thirty-five feet distant from the street right-of-way line. Also in pertinent part, City Code S 11.21, subd. 11 (A) 1 (a) states that in the case of a comer lot, the side with the narrower street frontage shall be considered the front of the lot. Bearing this in mind, we respectfully draw the attention of the Planning Commission to the applicant's sketch of proposed Lot C, the lot located at the southwest comer of Block 3, near the intersection of Janalyn Circle and Glencrest Road. The narrowest street frontage for proposed Lot C appears to run parallel to Janalyn; so, per City Code S 11.21, subd. 11 (A) 1 (a), this must be considered the front of proposed LotC. Yet, if one looks at the sketch of the structure that the applicant intends to build on proposed Lot C, attached hereto as Exhibit A, the southwest comer of the structure in question appears to be less than thirty-five (35) feet away from the Janalyn Circle right- of-way line. Thus, inasmuch as Lot C as proposed by the applicant currently fails to meet at least one of the requirements of the pertinent R-l zoning district, the undersigned neighborhood stake holders ask the Planning Commission to deny the proposed minor subdivision. II. Additionally, according to City Code 9 12.50, subd. 3, a minor subdivision may be denied based upon a City Engineer's determination that a steep slope encumbers the buildable portion of any proposed lot. However, inasmuch as the City Engineer has not been made any such determination, the undersigned neighborhood stakeholders respectfully request the Planning Commission to deny the proposed minor subdivision. Specifically, we would draw the attention of the Planning Commission to the May 19, 2008 memorandum from the City Engineer to the Director of Planning and Development. More specifically, please take note that the City Engineer's memorandum nowhere addresses the question of whether a steep slope encumbers the buildable portion of any of the proposed lots. The May 22, 2008 memorandum prepared by the Director of Planning and Development for the Planning Commission is entirely unambiguous on this point, that is, the Director's memo admits that the City Engineer's memo did not address the issue of steep slopes. The May 22, 2008 memorandum excused the omission by opining that steep slopes are not an issue in this particular subdivision. However, with all due respect, it must be emphasized this opinion has no basis in the actual record. Nowhere, for example, did the City Engineer ever state that in his memo that steep slopes are not a concern in this particular subdivision. In fact, the minutes of the May 28,2008 meeting of the Planning Commission are replete with references to the fact that steep slopes are of serious concern to the residents of this subdivision. Neighborhood stakeholder Ryan Urness, for example, stated that proposed Lot C, situated at the comer of Glencrest Road and Janalyn Circle, is "a relatively high point" and that a serious problem with the proposed lots is their,elevation and slope. Just as proposed Lot C is situated at a relatively high point in the neighborhood, so too proposed Lot A is located at a low point -- if not one of the lowest points -- in the neighborhood. In this regard, please see the June 16, 2008 memorandum prepared by the consulting firm of Short Elliot Hendrickson (SEH) for the City of Golden Valley. "The information on the [applicant's] plan shows the garage elevation at 869...." Assuming that SEH is referring to the garage elevation for proposed Lot A, then the garage elevation for proposed Lot A is a mere 2.1 feet above the high water elevation ofthe pond located some 75 -100 yards away. Therefore, because proposed Lot C is located at one of the highest elevations in the neighborhood, and because proposed Lot A is located at or near one of the lowest points in the neighborhood, proposed Lot B, situated between this high point and low point, is located on a very steep slope. Because the steep slope in question is of very serious concern to homeowners in this particular subdivision, the City Engineer's report should have addressed the issue. Therefore, we, the undersigned neighborhood stakeholders, ask the Commission not to excuse the failure of the report to address this important issue and not to approve the proposed subdivision at this time. 1 III. Likewise, according to Director Grimes' May 22, 2008 memorandum to the Planning Commission, the CitY Engineer's memo also did not address the ~ 12.50, subd. 3 factor of "excessive wetness." Again, this omission was excused on the basis that "excessive wetness" is not a concern in this particular neighborhood. Again, however, with all due respect, this is incorrect. Time and time again in the minutes of the May 28, 2008 meeting, neighborhood stakeholders express serious concerns, not merely about "excessive wetness", but about actual flooding. The May 19,2008 memorandum from City Engineer Oliver to Director of Development Grimes contains comments concerning a number of drainage and utility easements which the appli'can! will have to grant. This is consistent with City Code 9 12.50, subd. 3 which states that approval of minor subdivisions shall be conditioned on the applicant's granting of easements for necessary public purposes, as determined by the City. (Emphasis added.) This raises a thorny issue, namely, how is the applicant, at present, legally capable of granting such easements, inasmuch as the applicant, Rocky DiGiacomo, is not, at present, the legal owner of Lot 11, Block 3? According to the May 22, 2008 memorandum to the Planning Commission from Director Grimes, applicant DiGiacomo is not the owner of Lot 11; and, conversely, the owner of Lot 11, Veryle Logan Hudson, is not the applicant; instead, according to the memo, "Mr. DiGiacomo has a purchase agreement on Lot 11." Given this set of facts, the neighborhood stakeholders respectfully request that the Planning Commission deny applicant DiGiacomo's request for a minor subdivision on the basis that the applicant is, at the present time, legally incapable of granting the easements required pursuant to City Code S 12.50, subd. 3. Additionally, the June 16,2008 memo from SEH also describes "concerns for localized flooding in the sub watershed", as well as "localized drainage and flooding concerns in the neighborhood." ' Therefore, in the unjustified absence of a determination by the City Engineer concerning the issue of "excessive wetness", we respectfully request that the proposed subdivision not be approved. IV. Additionally, City Code 9 12.50, subd. 3 states that, where public agencies other than the City of Golden Valley have some form of jurisdiction over an area including or directly affected by a proposed minor subdivision, approval of that minor subdivision may be conditioned on the requirements of the outside agency. Such agencies shall include but not be limited to the Hennepin County and Minnesota State Departments of Transportation, the Department of Natural Resources and the Bassett Creek Water Management Commission. According to Director Grimes' May 22, 2008 memorandum to the Planning Commission: "There are no requirements from any outside agency in this case." However, there has been absolutely no showing that the applicant submitted to the Bassett Creek Water Management Commission (BCWC) sufficient information to determine the effect that applicant's proposal may have on the water resources of the watershed. According to the BCWC Requirements for Improvements and Development Proposals, such a submission by the applicant is mandatory in cases where the proposal "may affect the water surface elevation." Based upon the information contained in the June 16, 2008 memorandum prepared by SEH, we are of the opinion that the applicant should have submitted to the BCWC sufficient information to determine the effect that the applicant's proposal may have on, among other things, the water surface elevation. Inasmuch as there are requirements from at least one outside agency having jurisdiction, and inasmuch as that outside agency's requirements have not been met, we, the undersigned neighborhood stake holders ask that the Planning Commission deny the applicant's proposal. V. In conclusion, because the application does not meet the above described conditions, as established pursuant to City Code 9 12.50, subd. 3, we, the undersigned neighborhood stake holders respectfully request that the Planning Commission deny the proposed minor subdivision. Respectfully Submitted, IMPROVING EXCEPTIONAL NEIGHBORHOODS ONE HOME AT A TIME TYROL HILLS The best of urban living! Ideally situated with immediate access to 1-394, Hwy 100 and Hwy 55. Only three minutes from down- town and yet a world apart with 900-acres of bike and nature trails in the bordering Theodore Wirth Park. A well kept secret, boasting rolling hills, mature oaks, world class parks and award-winning schools, Tyrol Hills offers a pastoral setting amidst the best of urban living. Many homes feature designs by leading architects that add further to the idyllic environment. This has helped Tyrol Hills to continually command a premium in the real estate market. Now, with a strong resurgence of families wishing to live near the city, the neighborhood has seen many major renovations and new homes built, further enhancing market premiums in the neighborhood. LOTS 10-12 Tyrol Hills is nestled up to Theodore Wirth Park-the 900 acre crown jewel of the Minneapolis parks system. An active lifestyle is well supported by ample jogging, skiing and biking trails that also connect to the metro- wide trail system. Tyrol Hills is three minutes from downtown theaters, restaurants, museums and shopping. As anyone who lives here will tell you, this is a friendly. active and diverse place to live. Many Tyrol residents who originally grew up here, have returned to raise families of their own! Call DiGiacomo Homes and Renovation to learn more about building and renovating in this or other exceptional neighborhoods: 612-710-7900. Tyrol Hills is served by excellent schools . Breck college preparatory within walking distance . · Meadowbrook Elementary · Award winning Hopkins school district · Benifde-St Margaret college . preparatory school . Jewish Community Center and Day School AVAILABLE DIG~6QQJjQ LOT 12 $410,000 . Estate Setting · Corner Lot . Side Garage . I /3 Acre Printed on FSC Certified Domtar Cougar 80 lb. text LOT II $350,000 . Private Setting . Walk Out . 1/4 Acre I BUILD PACKAGES STARTING AT 1.2M OTHER TYROL LOTS AVAILABLE. CALL FOR DETAILS. 612-710-7900 DGHomesondRenovotion.com ~ LOTIO $390,000 . Mature Oaks . Corner Lot . Walk Out . I /3 acre E)<J/f-/BIT A- S'Tv\,l(:ft' re- When finished please share with a friend or recycle. Thanks! <:. 5S-J r-r", ~1 rl(hr ~ ~"'i"y , , DIG~6QQJj,9 Sized in scale with the surrounding homes, 229 Janalyn Circle is deliberately understated to respect and retain the charm of the Tyrol Hills neighborhood. Nestled within its gables, however, is a surprising 3800 sq. ft. of well-designed living space. Extensive Arts & Crafts built- ins of quarter-sawn & rifted white oak, enameled cabinets and millyvork. Period tiles, Carrara marble accent5, honed granite countertops and oil rubbed hardware all speak of impeccable quality and timeless aesthetics. This is a home that will stand the test of time, returning investment value and a sense of family refuge for generations to come. Visit our online galleries at DGHomesandRenovation.com ph. 612 710-7900 A Minnesota GreenStar Pilot 8uilder FEATURES . Five Bedrooms . Master Suite . Upper Level Family Room . 2.5 Baths . 4 Car Tandem Garage . Gourmet, Kitchen- Centered Layout . Spacious Screen Room . Artistic, Built-in Storage . Silver Level Certification from Minnesota GreenStar PRICING 1/4 acre lot $350,000 2730 sq. ft home $697,000 $1,047,000 970 sq. ft. future finished basement $72,000 $1,119,000 ($200/sq. ft. with finished basement) :~'~I At DiGiacomo Homes & Renovation we are very proud to be a participating member of the Minnesota .' i GreenStar Pilot Project, creating a set of green building , 0-,-0 t standards specifically for Minnesota. These standards ~~ lower the immediate and long-term operating costs and c'':.~~;,::,':.~~.m.' environmental footprint of new home construction.This home, one of the first to be built under the new standards, will chart the way to how homes should, and will, be built in the future. Memberof .BUILDERS ASSOCIATION __c:.:::....~=- /, NARf C~1l Built around you: MARYlN~ Windows 'Rei Doors BUILD Fully Insured, Licensed & Bonded License No. 20379958 -,,',' Ii;V~ ~'.)'~"",. ':1f~'"'~ ~~~''i'V~~ 1'1 fi~h~~'~~ ~~II, rJ1JA RainbOw lfeecore . ." June 20, 2008 ' Dear Janalyn Cir/Glencrest Rd residents, Thank you for calling on me and Rainbow Treecare to help evaluate the potential danger to your trees as a result of the pending construction activities along Janalyn Cir at Glencrest Rd. . , As a brief inti'oduction, my name is Ben Johnson and I am a Consulting Arborist with Rainbow Treecare, I have a B.S. in Urban Forestry from the University of Minnesota. and . I have been working with Rainbow Treec~e for 10 years helping homeowners and companies manage their tree health. I. am a Board-Certified Master Arborist with the International Society of Arboriculture (one of only 11 in MN) and I am in good standing with both the ISA and the MN Shade Tree Advisory Committee. My task is to evaluate the area and see what injury ~could happen directly to the surrounding trees and what injuries could surface later as a result of the construction activity. In particular, my focus is on the large number of oaks in the immediate vicinity. To determine what potential injury could occur to the neighboring trees (particularly at 4316 and 4308 Glencrest Rd) I carefully mapped out each property and placed the trees tosca1ein respt?ct to the surrounding property lines. Using the standard measureJl1ent for determining the Protected Root Zone (an area that should be protected during construction in which a critical amount of the tree's roots are located), I can determihe which trees may be ill jeopardy of the proposed construction damage. The trees that concerned me most for immediate injury were the ones growing on the West side of the back property at 4316 Glencrest Rd. After detailed mapping and a careful examination of the properties surrounding the . proposed construction areas, Ldo not see any immediate threat to the trees behind 4316 or 4,308 Glencrest (and as a result, not to the surrounding trees). The elevation change and the large retaining wall betweenth.e proposed properties on Janalyn Circle and the homes on Glentrest Rdactually create a protective barrier from the proposed activity. It is very unlikely, in fact, that any roots from the trees in the back even reach ihto the properties on Janalyn Circle. This is very good news for the protection of the neighborhood trees, The canopies of the trees do not even reach into this area making it extremely unlikely damage t6 the branches of either the elm or the oak could even occur. ''-..... 2239 Edgewood Ave S. Minn~apolis, MN 55426-2822 Phone 952-922-3810 · Fax 952-252-4720 Rainbow Tree Company www.rainbpwtreecare.com Prinud on Recycled Paper 19250akcrestAve, St. Paul, MN 55113-2619 Phone 651-251-3810' Fax 651-714-7915 '!'! However, there does lie a risk that the neighborhood trees could be adversely affected by the activities on the Janalyn Cir lot bordering 4316 Glencrest Rd. If the row of bur oaks along the property line are kept but not preserved, the dam~ge that would occur could attract secondary pests. Inparticular, two-lined chestnut borer is a very damaging insect that is attracted to stressed trees and then can move into healthy, surrounding oaks. Proper construction damage prevention techniques should be used to protect these trees to make sure that they remain healthy and do not ppt the surrounding oaks at risk. Incidentally, these trees along the property line have been treated for the last twoyearsto- control and prevent two-lined chestnut borer and that residual treatment continues through. 2008. These trees should be insect free at this point, but will need their root zones protected during the construction process to ensure that their health remains the same and does not pose it danger to surrounding trees. It is very important that the contractors establish a tree protection plan with the City of Golden Valley if they wisq to keep these Md other trees healthy. -, I have attached a copy of a very useful publication that outlines what cares should be taken to prevent construction damage. I would expect that the contractors could put into place many of these plan items before beginning any construction activities and could follow the recommendations to keep the trees healthy after construction has been completed.' With these precautions and care in place, the trees on the property and the trees on the surrounding properties should remain healthy and problem free. Thank you for the opportunity to work with you and I would be happy to elaborate on any of my findings or any of my resources.' \ Sy_ Ben Johnson Consulting Arbonst, Rainbow Treecare ISA Board-CertifiedMaster Arbonst WI-0430B Rainbow Tree Company 2239 Edgewood Ave S St. Louis Park, MN 55426 952-922-3810 20-Jun-08 Map Location 106 A3 Address 4316 Glencrest Rd Golden Valley MN 55416 Leslie Baker & Mike Schock Email: ~ DBH Iproperty I @ ALL 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 , oJ 1, · ~ F--1 - .. 'An. It= I)",w... 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L)oQ&" V Q.(~ (r?1.fl ,. 6 h'J(ob .~~~._. ~u . ~~.- #Jj ~ (!) SLjI . ~ )'1 J J~aJJJ1 {,'v-J€- 5'dt ~~ (3,-& - G-fJ. ---- ~ -s:~~ C!vdE- \.\ I( ~~ -- f("(' !J.LK VI\e.LJ WJ L.e... (o(J( tJM1e(;. ,hllJ at/I)- Hennepin County Oblique Aerials Page 1 of 1 Hennepin County Oblique Aerials Images courtesy of: MicrosoftC> Virtual Earth TM 2008 Flight Date: April 2006 Show I Hide MaD Control 'fCcC:CS- E ~. fl- 1_........_. 1,_ ~...; _ _ 1_ _ __ __ _ __ ~._ ou __ __ _ t'rTnn.._ __ _ ...L-_' 1_ __ In ~ ....:1_ ____ _ _.___OT'\Tro..___,",{\fV"'\/"'V"'\ A111"\i\J'\n A ,.., /1 t:' ''''^F\O alley M morand m Planning 763-593-8095/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting July 15, 2008 "60 Days" Deadline: August 15, 2008 Agenda Item 5. A. Continued Item - Authorization to Sign Amended PUD Permit - Calvary Lutheran Church- PUD No. 46 - Amendment NO.6 - 7520 Golden Valley Road Prepared By Mark Grimes, Director of Planning and Development Summary At the June 17,2008 City Council meeting the Council considered a minor PUD amendment for Calvary Church PUD 46 that would allow for the construction of both an indoor and outdoor columbarium. After some discussion, the Council decided that they needed additional information so the discussion was continued to the July 1,2008 meeting. At the request of Calvary, the discussion was continued until the July 15, 2008 City Council meeting. At the June 17 meeting, the Council wanted clarification regarding several issues and additional language for the Minor PUD amendment. First, the Council asked that a condition be included in the PUD Permit that requires that if the Calvary Church property is no longer used for church purposes, the columbarium would have to be relocated to an appropriate location. The wording that will be added to the PUD permit is as follows: If the Calvary Church property changes from a church use, the columbarium and the remains in the columbarium niches shall be moved to another appropriate location. Second, the Council wanted to insure that the height of the columbarium structure does not exceed the height illustrated on the preliminary plans. Therefore, staff is suggesting that the height of the columbarium structure not exceed 6.5 feet above the ground. Third, there was a concern about tree removal. Calvary agrees that no significant trees (as defined by the City's Tree Preservation Ordinance) be removed due to the construction of the columbarium or walkway. Fourth, the Council wanted a condition that forbids artificial lighting of the columbarium and memorial garden surrounding the columbarium. The only exception would be minimal bollard lighting for the walkway or lighting determined to be necessary for public safety reasons with the approval of the City Manager and Chief of Police. Staff has talked to several cities and churches about outdoor columbariums. In all cases, the City and churches have only positive comments. Two cities (Edina and Eden Prairie) have permitted columbariums as a right on church properties and not required any land use permits. Other cities (Plymouth, Mahtomedi, Mound) have required a conditional use permit or amended PUD to allow them to be located on church property. In the City of Minneapolis, Westminster Presbyterian Church has recently constructed a 2,000 niche columbarium. The City of Minneapolis did not require approval of the columbarium, but Minneapolis did approve the site plan for fencing and walls around the columbarium. Attachments Location Map ( 1 page) Amended PUD Permit (5 pages) Letter from Pastor Steve Dornbusch dated May 28, 2008 (3 pages, loose in agenda packet) Minor PUD Application (4 pages, loose in agenda packet) Plans for indoor columbarium (2 pages, loose in agenda packet) Conceptual plans for outdoor columbarium and memorial prayer garden (3 pages, loose in agenda packet) Recommended Action Motion to authorize the Mayor and City Manager to sign the amended PUD permit for Calvary Lutheran Church, PUD No. 46, Amendment No.6, 7520 Golden Valley Road, subject to the following conditions: 1. If the Calvary Church property changes from a church use, the columbarium and the remains in the columbarium niches shall be moved to another appropriate location. 2. The height of the columbarium structure shall not exceed 6.5 feet above the ground. 3. No significant trees (as defined by the City's Tree Preservation Ordinance) shall be removed due to the construction of the columbarium or walkway. 4. There shall be no outdoor lighting of the columbarium or memorial garden. The only exception would be minimal bollard lighting for the walkway or lighting determined to be necessary for public safety reasons with the approval of the City Manager and Chief of Police. ~ ~Ml 10TH AVE N 1009 bI1_._~~_~ , 10M 1035 I' lii28 .,_ , 1021 ,. 1lU4 Ii! 1020 1(121 S; :t016 10:ij-! '> 1012 10i3-.~ l00s l..OliiI-~ 1i06 lOGS 1000 7635 1037 / ~ ~ 10211 1025 10211 1001 o 00 9450 I m ;l )> )>- ~ 2 130 0Jllill) o o 669 0 o o 1~ 00 751!> ~ IlO5 1505 COUNTRY cum DR 1101 :1000000 o 8 0;000000000 0 07700 i'SOI) r "*~"" o P.U.D. #46, Amendment #6 City Council Approval July 15, 2008 City of Golden Valley, Minnesota Use Permit for Planned Unit Development Project Name: Calvary Lutheran Church of Golden Valley Address: 7520 Golden Valley Road, 831 and 835 Pennsylvania Avenue North, Golden Valley, Minnesota Legal Description: Lot 1,2,3,4,5, Block 1, Calvary Lutheran Church, P.U.D. No. 46 Applicant: Calvary Lutheran Church of Golden Valley Address: 7520 Golden Valley Road, Golden Valley, Minnesota Owner: Calvary Lutheran Church of Golden Valley Address: 7520 Golden Valley Road, Golden Valley. Minnesota Zoning District: Institutional (1-1) Permitted Uses: Uses permitted in this Planned Unit Development are a church, church offices, child care facilities, indoor columbarium and an outdoor columbarium and memorial prayer garden with walk, and parking related to these uses. Components: A. Land Use Component: 1. Land uses within P.U.D. No. 46 shall be limited to those uses indicated on the approved General Plan P.U.D. Plans for Calvary Church prepared by BWBR Architects and dated 9/12/03. Principal uses shall include all those uses normally considered as part of the operation of a large church congregation including a child care center (including "drop-by" child care.) Until final construction is completed on the main church buildings, the two child care houses at 831 and 855 Pennsylvania Avenue North will continue to be used for child care houses will be removed and the area converted to the use shown on the General Plans. 2. PUD #46 Amendment #5, approved by the City Council on May 18, 2004 allows for the construction of a 4,300 square foot music wing addition. 3. PUD #46 Amendment #6, approved by the City Council on July 15. 2008 allows for the construction of an indoor columbarium and an outdoor columbarium and memorial prayer oarden with walk. The indoor and outdoor columbarium plans are illustrated on the attached building and site drawinos prepared by Olsson Associates. The outdoor columbarium shall not exceed 6.5 feet in heioht about oround level. There shall be no outdoor liohtino of the columbarium or memorial oarden. The only exception would be minimal bollard lighting for the walkway or liohtino determined to be necessary for public safety reasons with the approval of the City Manaoer and the Chief of Police. ~.4.No outdoor use of amplification for voice or music will be permitted except as follows: a. Outdoor services using amplified voice and music will be permitted on a trial basis during the year 2004. During this year, up to three services may be conducted each week between the hours of 10 am and 9 pm. Additional outdoor events or services during 2004 may be permitted with notification given to the City at least 72 hours prior to the event with assurances from the Church that noise levels would be consistent with other outdoor services in 2004. Such services are permitted for the purpose of determining whether it is possible to develop such reasonable, objective and measurable noise standards as are needed to protect nearby residential uses from the adverse effects of amplified sound that have been experienced in the past. The Church will also notify all property owners located north of the railroad tracks between Pennsylvania Avenue North and Sumter Avenue North up to and including Phoenix Street. b. Upon development of such proposed objective and measurable noise standards, the applicant may submit proposed standards to the City Council for administrative approval. If the City Council determines that such proposed standards, or any modifications to such proposed standards deemed appropriate by the City Council, are adequate to protect nearby residential uses from the adverse effects of amplified sound, the Council may administratively amend this condition to allow the use of amplification for voice or music on such conditions as the Council determines are reasonable and necessary. During the testing the consultant will involve the residents, Church and City in the process. 4:- 5.The General Plans indicate future uses for a chapel and parking deck. These and other expansions would require an amendment to the P.U.D. 6. ~ The use of any of the church property for a columbarium 'Nould require an amendment to the P.U.D. 'l-: Q.The General Plans indicate future uses for a chapel, and parking deck. These and other expansions would require an amendment to the P.U.D. 8.7.Parking for P.U.D. #46 shall consist of 301 open parking spaces on site as shown on the attached General Plans and 172 parking spaces on the United Properties office building site across Golden Valley Road from the P.U.D. site area made available from Calvary Lutheran Church by means of a cross parking agreement concluded with the Northland Company, dated November 28, 1979. 9.~.Landscaping materials shall be adjusted or trimmed to maintain visibility of windows and doors for security purposes. w.~. A berm or plantings shall be put in along the new parking area on Pennsylvania Avenue North and consideration shall be given, by the City, to landscaping along the north boundary as sound abatement. -14.10. Special precautions shall be taken during and after construction to protect against erosion, silting, excessive grading, or any other conditions detrimental to the area. Grading shall be done in a manner so as to avoid dirt storage, disturbing of trees, or other activities beyond the prescribed construction limits. 42.11. Signage shall conform to the City of Golden Valley Sign Code. 12. There shall be no siqnificant trees (as defined by the City's Tree Preservation Ordinance) removed for the construction of the columbarium. memorial prayer qarden or walk. B. Circulation Component: 1. Drives, parking areas and walks shall be located as indicated on the attached General Plans. The findings and recommendations found in the memo from City Engineer Jeff Oliver, PE to Mark Grimes, Director of Planning and Development dated October 16, 2003 shall become a part of this approval. C. Subdivision Component: 1. All requirements of the subdivision component have been completed. D. Services and Facilities Component: 1. The P.U.D. shall meet all requirements and recommendations of the City Building Inspector, City Fire Marshal and City Sanitarian. The memo and comments from Ed Anderson, City Fire Marshal to Mark W. Grimes, Director of Planning and Development, dated September 25, 2003 shall become a part of this approval. 2. The findings and recommendations of City Engineer, Jeff Oliver, PE, as related to construction of services and facilities found in his memo to Mark W. Grimes, Director of Planning and Development dated October 16, 2003 shall become a part of this approval. It is hereby understood and agreed that this Use Permit is a part of the City Council approvals granted on October 2, 1984, April 5, 1988, September 5, 1989, August 6, 1991, October 21, 2003, aM May 18, 2004 and July 15, 2008 relative to Planned Unit Development #46. Calvary Lutheran Church of Golden Valley Witness: By: Title: Date: City of Golden Valley Witness: By: Linda R. Loomis Title: Mayor Date: Witness: By: Thomas D. Burt Title: City ManaQer Date: Warning: This permit does not exempt you from all other City Code provisions, regulations and ordinances. alley mo n u Finance 763-593-8013/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting July 15,2008 6. A. Call for Public Hearing - Issuance of Revenue Bond - Community Involvement Programs - 8/6/08 Prepared By Sue Virnig, Finance Director Summary Community Involvement Programs has requested that the City of Golden Valley hold a public hearing on August 6, 2008 to approve the resolution for giving host approval to the issuance of a revenue bond to finance housing and health care facilities. This will allow them to refinance their loan from a taxable status to a non-taxable status. They currently own the property 6427 Westchester Circle. The City is required by the IRS Code and by Minnesota Statutes Section 469.152 through 469.1651 to hold a hearing for the host approval of the revenue bonds. The City of Hinckley is issuing the bonds and host cities will be Crystal, Hopkins, Minnetonka, New Hope, Richfield, St. Louis Park and Sandstone. The public hearing notice will appear in the SunPost on July 17 and the hearing is for August 6 at 7 pm. Community Involvement Programs will pay for all costs related to the public hearing notice. Attachments Notice of Public Hearing on the Issuance of Revenue Bonds to Finance a Project by Community Involvement Program (1 page) Recommended Action Motion to call for a public hearing for Wednesday, August 6,2008 at 7 pm for giving host approval to the issuance of revenue bonds to finance housing and healthcare facilities for Community Involvement Programs Project. NOTICE OF PUBLIC HEARING ON THE ISSUANCE OF REVENUE BONDS TO FINANCE A PROJECT BY COMMUNITY INVOLVEMENT PROGRAMS Notice is hereby given that the City Council of the City of Golden Valley, Minnesota (the "City"), will meet at the City Hall in Golden Valley, at 7 p.m. on Wednesday, August 6, 2008, to consider giving host approval to the issuance by the City of Hinckley, Minnesota (the "Issuer") of revenue obligations pursuant to Minnesota Statutes, Chapter 462C (the "Housing Program Act") and Minnesota Statutes, Sections 469.152 to 469.1651 (the "Industrial Development Act") in order to finance the cost of a project described below to be undertaken by Community Involvement Programs, a Minnesota nonprofit corporation and 501 (c)(3) organization (the "Borrower"). The project consists of (i) refinancing the acquisition of an approximately 8 unit housing facility for the developmentally disabled known as the North Court Apartments which is located at 403 North Court Avenue, Sandstone, Minnesota, (ii) refinancing the acquisition of group residential facilities for the developmentally disabled which are located at 6427 Westchester Circle in the City (the "Golden Valley Facility"), 4303 North Colorado Street, Crystal, Minnesota; 501 First Street SW, Hinckley, Minnesota; 300 18th Avenue North, Hopkins, Minnesota; 4725 Clear Spring Road and 4731 Clear Spring Road, Minnetonka, Minnesota; 7600 48th Circle North, New Hope, Minnesota; 7044 Columbus Avenue, Richfield, Minnesota; 9011 34th Street West, St. Louis Park, Minnesota and 618 South Pine Street and 112 Division Street, Sandstone, Minnesota (iii) financing renovations to the group residential facilities located at 112 Division Street in Sandstone and 4725 Clear Spring Road in Minnetonka, and (iv) financing renovations to the corporate headquarters of the Borrower located at 1600 Broadway Street NE, Minneapolis, Minnesota. The facility located at 403 North Court Avenue in Sandstone will be owned by North Court Apartments, the facility located at 4731 Clear Spring Road in Minnetonka will be owned by Clear Spring Road Residences, Inc. and all of the remaining facilities comprising the Project will be owned by the Borrower and the entire Project will be operated by the Borrower. The Cities of Crystal, Hopkins, Minnetonka, New Hope, Richfield, St. Louis Park and Sandstone are referred to in this notice as the "Host Cities". The total amount of the obligations to be issued presently being estimated at not to exceed $2,500,000, approximately $99,000 of which will be used for refinancing the Golden Valley Facility. The notes or other obligations, as and when issued, will not constitute a charge, lien or encumbrance upon any property of the City, the Host Cities or the Issuer, except the Project and the revenues to be derived from the Project. Such notes or obligations will not be a charge against the general credit or taxing powers of the City, the Host Cities or the Issuer, but are payable from sums to be paid by the Borrower pursuant to a revenue agreement. At the time and place fixed for the public hearing, the City Council will give all persons who appear at the hearing an opportunity to express their views with respect to the financing of the Project. Written comments will be considered if submitted at the office of the City Clerk at City Hall on or before the date of the hearing. Mem rand m Police Department 763-593-8079 I 763-593-8098 (fax) Executive Summary For Action Golden Valley City Council Meeting July 15, 2008 Agenda Item 6. B. Receipt of Human Rights Commission Bias/Hate Crime Policy Prepared By Stacy A. Altonen, Chief of Police Summary The Human Rights Commission crafted a policy outlining the City's stance on bias/hate crimes, to reflect resource access for victims and intolerance for crimes of this nature. The Police Department policy for responding to bias/hate crimes is the companion piece to the City policy. Attachment Golden Valley Human Rights Commission Framework to Prevent Bias and Hate Crimes (2 pages) Recommended Action Motion to receive and file the Human Rights Commission Bias/Hate Crime Policy. Golden Valley Human Rights Commission Framework to Prevent Bias and Hate Crimes Fostering community acceptance of diversity is the goal of the Human Rights Commission and thereby, to prevent bias and hate crimes. Achievement of this goal will be done through education and collaborative community action against prejudice and bigotry within the following framework. 1. Using data from the past five years of reporting under Minnesota State Statues, Chapter 609 or other criminal violations of local ordinances linked to Hate/Bias crimes, prepare a baseline study identifying any trends toward increase or decrease of bias/hate crimes from surrounding neighboring cities, Minneapolis, Crystal, New Hope, Plymouth, Hopkins, Robbinsdale, St. Louis Park and Golden Valley. 2. Develop a point system to evaluate annual data gathering to identify potential trends, (changes in demographics, changes affecting community stability such as empty boarded-up houses) or other factors that may indicates where action can be taken to strengthen acceptance of diversity. Prepare an annual report on these baseline indicators to update the trend line information for discussion with the City Council. 3. In partnership with the City Council, prepare an annual plan to increase the likelihood of strengthening community acceptance of diversity through education, activities which promote understanding of diversity or training that increases the capacity of key officials or leaders to advocate and support community acceptance of diversity. 4. Maintain lists of community resources that can be used to increase acceptance of diversity by groups seeking such information and resources that aid victims of bias/hate crimes. 5. Maintain liaison with Neighborhood Watch Groups, legal assistance organization, schools, churches, social welfare groups regarding networking of information and training to increase acceptance of diversity in the community. 6. Increase positive participation of diverse groups in our community by including members as representatives on the GVHRC, in activities which showcase music or other cultural aspects of groups with Golden Valley. 7. Sponsor public information activities that promote inclusiveness and acceptance of diversity such as discussions, training, seminars, panels and speakers.