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10-07-08 agenda packet (entire) AGENDA Regular Meeting of the City Council Golden Valley City Hall 7800 Golden Valley Road Council Chamber October 7, 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. Board/Commission Oath of Office and Presentation of Certificate of Appointment C. National Fire Prevention Week - October 5-11,2008 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 - August 19, 2008 B. Approval of Check Registers: 1. City 2. Housing and Redevelopment Authority C. Licenses: 1. Gambling License Application to Conduct Excluded Bingo - Ladies Auxiliary to the Veterans of Foreign Wars Post#7051 2. Gambling License Exemption and Waiver of Notice Requirement - St. John's Catholic School D. Minutes of Boards and Commissions: 1. Planning Commission - August 11, 2008 2. Board of Zoning Appeals - August 26, 2008 3. Environmental Commission - July 28, 2008 4. Open Space and Recreation Commission - July 28, 2008 5. Envision Connection Project Board of Directors - August 21,2008 E. Bids and Quotes 1. Duluth Street Countdown Pedestrian Signal Modifications - Quotes F. Letters and/or Petitions: 1. Letter from AI Halloran Regarding PUD #106, Applewood Pointe G. Approval of Appointment of Election Judges for State General Election 08-40 H. Call for Administrative Hearing - Appeal of Repeat Nuisance Service Call Fee- 2417 Parkview Boulevard - 10/14/08 I. Call for Administrative Hearing - Appeal of Administrative Citation - Residential Property Maintenance Code - 1617 Xerxes Avenue North - 10/21/08 J. Proclamation for Minnesota Manufacturer's Week K. Authorization to Sign Agreement with North Suburban Towing for Vehicle Impound 3. CONSENT AGENDA - CONTINUED L. Response to Open Forum Comments from William Anderl Regarding Asphalt Driveway Patch M. Waiver of Public Hearing and Certification of Special Assessments: 1. 2007 Pavement Management Program Sanitary Sewer Repairs 08-41 2. 2008 Pavement Management Program Sanitary Sewer Repairs 08-42 3. 2008 Pavement Management Program Driveways 08-43 4. PUBLIC HEARINGS 7:00 PM A. Public Hearing - Special Assessments - Delinquent Utility Bills 08-44 B. Public Hearing - Special Assessments - Miscellaneous Charges 08-45 5. OLD BUSINESS 6. NEW BUSINESS A. Announcements of Meetings B. Mayor and Council Communications 7. ADJOURNMENT alley M rand Fire Department 763-593-8079 I 763-593-8098 (fax) Executive Summary for Action Golden Valley City Council Meeting October 7, 2008 Agenda Item 1. C. National Fire Prevention Week - October 5-11,2008 Prepared By Mark Kuhnly, Chief of Fire & Inspections Summary National Fire Prevention Week is October 5-11, 2008. This year the fire prevention theme is Prevent Home Fires! In Minnesota the State Fire Marshal has declared October to be Fire Prevention Month. During October Golden Valley Fire Department staff will be providing public education programs at local schools, child care facilities and businesses, fire station tours and school fire drills. This year's fire prevention theme will be part of the local education programs, including the top three causes of residential fires in Minnesota; Cooking (46%), Heating (11%) and Open Flame (10%). alley Moran urn Finance 763-593-8013 I 763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting October 7, 2008 Agenda Item 3. B. 1. Approval of City Check Register Prepared By Sue Virnig, Finance Director Summary Approval of check register for various vendor claims against the City of Golden Valley. Attachments Loose in agenda packet. Recommended Action Motion to authorize the payment of the bills as submitted. alley n u Finance 763-593-8013/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting October 7, 2008 Agenda Item 3. B. 2. Approval of Housing and Redevelopment Authority Check Register Prepared By Sue Virnig, Finance Director Summary Approval of check register for various vendor claims against the Housing and Redevelopment Authority. Attachments Loose in agenda packet. Recommended Action Motion to authorize the payment of the bills as submitted. Hey M m randum City Administration/Council 763-593-8006/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting October 7, 2008 Agenda Item 3. C. 1. Gambling License Application to Conduct Excluded Bingo - ladies Auxiliary to the Veterans of Foreign Wars Post #7051 Prepared By Judy Nally, Administrative Assistant Summary As per State Statute organizations that conduct gambling within the City limits have to submit an application for a lawful gambling permit to the State after the permit has been approved or denied by the City. Attachments Application to Conduct Excluded Bingo (2 pages) letter from ladies Auxiliary to the Veterans of Foreign Wars #7051 requesting waiver of30 day waiting period (1 page) Recommended Action Motion to approve the gambling license application to conduct excluded bingo for the ladies Auxiliary to the Veterans of Foreign Wars Post #7051. Minnesota Lawful Gambling LG240B Application to Conduct Excluded Bingo 6/08 Page 1 of 2 No fee Organization name 1-(:1. ell es ~ 10 t/ere ~ ()?- Type of nonprofit organization. Check ('J) one. D Fraternal D Religious [XI Veterans Previous gambling permit number X 8 .. a'3 QS6 "'07 ... 00 I D Other nonprofit organization Mailing address ." 7 7 7 S"' /VI ~ tI, ""h e * Do not attach a sales tax exempt status or federal 10 employer number 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, S1. Paul, MN 55155 Phone: 651-296-2803 ___ Internal Revenue Service -IRS income tax exemption [501 (c)] letter in your organization's name. Don't have a copy? To obtain a copy of your federal income tax exempt letter, have an organization officer contact the IRS at 877-829-5500. _Internal Revenue Service - Affiliate of national, statewide, or international parent nonprofit organization (charter) If your organization falls under a parent organization, attach copies of QQ1b. 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 a subordinate. llnternal Revenue Service - proof previously submitted to Gamblng Control Board If you previously submitted proof of nonprofit status from the Internal Revenue Service, no attachment is required. 1. l.No _Yes Has your organization held a bingo event in the current calendar year? If yes, list the dates when bingo was conducted _____________ 2. The proposed bingo event for which we are applying will be: K- one of four or fewer bingo events held this year. Dates ____ -11- /-/ ~ () Ii _ ___ OR __conducted up to 12 consecutive days in connection with a: _county fair. _civic celebration. Dates Dates ________ _Minnesota state fair. Dates _________ 3. Person in charge of bingo event bJJ1. rlr-- W.e II e r Daytime phone :1.I 8 - t. 9)1. -;1,? ~ 4. Name of premises where bingo will be conducted __~ I /e-2i-1L~1 ~lI_Lj;:, f!!~__ 5. Premises street address _L 7 7>' -1J!J_e tI, C ~__/...ctL~--&~,-d _______ 6. City F~?t I&t lie CLlf township, name of township____County .1i.e2L41 epj~ Bingo hard cards and bingo number selection devices may be borrowed from another organization authorized to conduct bingo. Otherwise, bingo hard cards, bingo paper, and bingo number selection devices must be purchased from a distributor licensed by the Gambling Control Board. To find a licensed distributor, go to www.gcb.state.mn.us and click on List of Licensed Distributors. Or call 651-639-4076. Be sure to complete page 2 LG240B Application to Conduct Excluded Bingo Page 2 of2 6/08 If the gambling premises is within city limits, the city must sign this application. On behalf ofthe city, I approve this application for 't f'~oldef\ V a Il~ excluded bingo activity at the premises located within CI y name.-1tL:-__________7__________ the city's jurisdiction. If the gambling premises is located in a township, both the county and township must sign this application. For the township: On behalf of the township, I acknowledge that the organization is applying for excluded bingo activity within the township limits. A township has no statutory authority to approve or deny an application (Minn. Stat. 349.213, Subd. 2). For the county: On behalf of the county, I approve this application for excluded bingo activity at the premises located within the county's jurisdiction. Print township name _____________________ Signature of township official acknowledging application Title_______________________ Date__I__I__ Print county name _____________________ Signature of county personnel receiving application Title______________________ Date__I---I_ Send the application and proof of nonprofit status to: Gambling Control Board Suite 300 South 1711 W. County Rd. B Roseville, MN 55113 You will receive a document from the Gambling Control Board with your permit number for the gambling activity. Your organization must keep its bingo records for 3-1/2 years. Questions? Contact the Gambling Control Board at 651-639-4000. Or, you may fax it to 651-639-4032. This form will be made available in alternative format (Le. large print-, Braille) upon request. Data Privacy Notice: The information requested on this form (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 information, the Board may not be able to determine your qualifications and, as a consequence, may refuse to issue you an authorization. If you supply the information requested, the Board will be able to process your application. Your name and your organization's name and address will be public information when received by the Board. All the other information will be private data until the Board issues your authorization and the information then becomes public. If the Board does not issue you an authorization, all information provided remains private, with the exception of your name and your organization's name and address which will remain public. Private data about you is available to: Board members, Board staff whose work requires access to the information; Minnesota's Department of Public Safety, Attorney General; Commissioners of Administration, Finance, and Revenue; Legislative Auditor, national and international gambling regulatory agencies; anyone pursuant to court order; other individuals and agericies that are specifically authorized by state or federal law to have access to the information; 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. Ladies Auxiliary to the Veterans of Foreign Wars Golden Valley #7051 7775 Medicine Lake Road Golden Valley, MN 55427 September 12,2008 Golden Valley City Offices 7800 Golden Valley Road Golden Valley, MN 55427 Re: Turkey Bingo November 21, 2008 Attention: Mayor and City Council In reference to our LG240B application to Cpnduct Excluded Bingo, Ladies Auxiliary to Veterans of Foreign Wars requests that you waive the usual 30 days waiting period. 'fhank yoq for ypur consideration. Sincerely, /f~#/~. Dorothy Weller, Chairman 36007 Co. Rd. 3 Crosslake, MN 55442 218-692-2806 alley M rand m City Administration/Council 763-593-8006/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting October 7, 2008 Agenda Item 3. C. 2. Gambling License Exemption and Waiver of Notice Requirement - St. John's Catholic School Prepared By Judy Nally, Administrative Assistant Summary As per State Statute organizations that conduct gambling within the City limits have to submit an application for a lawful gambling permit to the State after the permit has been approved or denied by the City. Depending upon the timing of the permit the applicants may request the City to waive the 30-day waiting period. Attachments Application for Exempt Permit (2 pages) Letter from St. John's Catholic School 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 St. John's Catholic School. Minnesota Lawful Gambling LG220 Application for Exempt Permit An exempt permit may be issued to a nonprofit organization that: - conducts lawful gambling on five or fewer days, and - awards less than $50,000 in prizes during a calendar year. Page 1 of 2 9/08 Fee is $50 for each event For Board Use Only Check # $ Organi~ation name 'S-t-. "To V1 lIl(S CCtti1 ol,'c s,c V1 00 I Type of nonprofit organization. Check one. I C I Fraternal Religious I C I Veterans Mailing address City lP TV\+ev \OC~ Vl '.Road \io t (1t1 ~ Name of chief executive officer (CEO) Previous gambling permit number I n I Other nonprofit organization State Zip Code rvtl\l ~C?~4 ~ Daytime phone number County USI4 fa-tliu. vqfM L-i.( kltllA ~ Of 0 ff - q ?C; -C;c; ~~ Do not attach a sales tax exempt status or federal ID employer numbers as they are not proof of nonprofit status. I n I 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, S1. Paul, MN 55155 Phone: 651-296-2803 r\;tf1IRS income tax exemption [501(c)) letter in your organization's name. ~ Don't have a copy? To obtain a copy of your federal income tax exempt letter, have an organization officer contact the IRS at 877-829-5500. I CIIRS - Affiliate of national, statewide, or international parent nonprofit organization (charter) If your organization falls under a parent organization, attach copies of both of the following: a. IRS letter showing your parent organization is a nonprofit 501 (c) organization with a group ruling, and b" the charter or letter from your parent organization recognizing your organization as a subordinate. [EJ IRS - proof previously submitted to Gambling Control Board If you previously submitted proof of nonprofit status from the IRS, no attachment is required. GAMBLING PREMISES INFORMA liON Name of premises where gambling activity will be conducted (for raffles, list the site where the drawing will take place) ol&JVl Vall€ Cou.vrty Club Ad~S;(~oinot~~r&;~ Road C~t~V\ Vel/If ZiP~~L/P;ountYH-eVl Date(s) of activity (for raffles, indicate the d te of the drawing) to Nb\ie V\I\ b.e V llo ( ~ 00 ~ (d YO \A; j"V1 j) pM heck the box or bo es t at indicate the type of gambling activity your organization will conduct: Ii Bingo* Raffies I Paddlewheels* C Pull-Tabs* r 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 dick on List of Licensed Distributors, or call 651-639-4076. Also complete Page 2 of this form. LG220 Application for Exempt Permit If the gambling premises is within city limits, a city official must check (X) the action that the city is taking on this application and sign the application. ~e 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 1 st class city). _The application is denied. Print city name OJ () / d -en Vall ~ On behalf of the city, I acknowledge this application. ~ateL 17 , ore Page 2 of2 9/08 If the gambling premises is located in a township, a county official must check (X) the action that the county is taking on this application and sign the application. A township official must also sign the 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 official receiving application Date-l-l_ TOWNSHIP: On behalf of the township, I acknowledge that the organization is applying for exempted gambling activity within township limits. [A township has no statutory authority to approve or deny an application [Minnesota Statute 349.:213, subd. 2)] Print township name Title Signature of township official acknowledging application Title Date-l_'_ The information provided in this application is complete and accurate to the best of my knowledge. I acknowledge that the financial report will be completed and returned to the Board within 30 days of the date of our gambling activity. . Chief executive officer's signature iJ~- q ~ ;z::1L Date q 117/08 Complete a separate application for each gambing activity: . one day of gambling activity . two or more consecutive days of gambling activity . each day a raffle drawing is held Send application with: a copy of your proof of nonprofit status, and $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 Data privacy. This form will be made available in alternative format (i.e. large print, Braille) upon request. The information requested on this form (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 information, 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, Financial report and recordkeeping required A financial report form and instructions will be sent with your permit. Within 30 days of the activity date, complete and return the financial report form to the Gambling Control Board. Questions? Call the Licensing Section of the Gambling Control Board at 651-639-4076. 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 information provided to the Board will become public. If the Board does not issue a permit, 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; Attorney General; Commissioners of Administration, Finance, and Revenue; Legislative Auditor, national and international gambling regulatory agencies; anyone pursuant to court order; other individuals and ttgdnuespecifically authorized by state or federal law to have access to the information; 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. THE CHURCH OF ST JOHN THE EVANGELIST .. 1 . d Oct. 1, 2008 Ms. Judy Nally Administrative Assistant City of Golden Valley 7800 Golden Valley Rd. Golden Valley, MN 55427 Dear Judy, Our parish elementary school, 8t John's Catholic School, will be holding its annual Bright Beginnings Brunch at Golden Valley Country Club on Nov. 16th, 2008. We respectfully request that the City Council waive the customary 30-day waiting period for the exemption for lawful gambling permit required for this type of event . We will be holding a raffle at this event. roo Ivan Business Administrator 6INTERLA.CHENHOAD, HOPKINS,MN 55343 (952) 935~5536 i1Zl.Z-8E:S-ZSS di1S:S0 80 10 +00 a '>j....n B.L Regular Meeting of the Golden Valley Planning Commission August 11, 2008 A regular meeting of the Planning Commission was held at the Golden Valley City Hall, Council Chambers, 7800 Golden Valley Road, Golden Valley, Minnesota, on Monday, August 11, 2008. Chair Keysser called the meeting to order at 7 pm. Those present were Planning Commissioners Cera, Eck, Keysser, Kluchka, McCarty, Schmidgall and Waldhauser. Also present was Director of Planning and Development Mark Grimes, City Planner Joe Hogeboom and Administrative Assistant Lisa Wittman. 1. Approval of Minutes June 23, 2008 Regular Planning Commission Meeting MOVED by Eck, seconded by Cera and motion carried unanimously to approve the June 23, 2008 minutes as submitted. 2. Informal Public Hearing - Property Rezoning - Z012-16 Applicant: City of Golden Valley Address: Northeast Corner of Douglas Drive and Golden Valley Road Purpose: To make the zoning designation consistent with the General Land Use Plan map designation Grimes referred to a location map .and explained that this is a proposal to rezone 5.6 acres on the northeast corner of Douglas Drive and Golden Valley Road to the R-4 High Density Residential zoning district in order to make it consistent with the current General Land Use Plan map. He stated that the properties are currently zoned R-1 Single Family Residential and R-3 Medium Density Residential. Grimes explained that in 1999 the City adopted the current General Land Use Plan which designated these properties high density. Since that time staff has not recommended rezoning the properties even though state statute requires that zoning maps and general land use plan maps be consistent. He explained that staff is now recommending these properties be rezoned because there has been a request to construct 175 units of housing which is approximately 30 units per acre. He stated that staff is recommending approval of this rezoning because it is consistent with the General Land Use Plan map dating back to 1999. Kluchka asked why the City is proposing this rezoning now. Grimes stated that the City is proposing this rezoning now because United Properties is proposing to build 175 units of senior housing and the City's General Land Use Plan map and Zoning map have to match. He stated that this rezoning probably should have been done sooner. Minutes of the Golden Valley Planning Commission August 11, 2008 Page 2 Schmidgall asked if it would be an option to make the General Land Use Plan map match the Zoning map instead of the other way around. Grimes stated that the City Council has the right to change the General Land Use Plan map how they want. The current policy of the City as shown on the General Land Use Plan map is high density residential. Within the past year, the Planning Commission has suggested as part of the Comprehensive Plan update that these properties remain designated high density because this is a logical location for higher density development in Golden Valley. Keysser opened the public hearing. Eleanore Kolar, 6186 Golden Valley Road, said she is appalled and angry that she is even at this meeting. She said she is amazed that the Planning Commission hasn't heard of global warming because removing the trees from these properties amounts to deforestation. She said this shows the ignorance of governing bodies and asked what the sense is in using this property for someone's monetary gain. Jamie Fitzgerald, 1400 Florida Avenue North, said the notification process for this meeting was very lax and the only way she found out about it was from a neighbor who said this proposal was already a done deal. She referred to the housing stock in the area and said "the GV Ghetto" is at the top of the hill and the rest of the area is small starter family homes with the majority being long time, highly-educated residents. She expressed concern over the size of the proposed buildings because four-story buildings will tower over the neighborhood. She said her other concerns include ambulances constantly driving by and the loss of green space and trees located on these properties. She said she is worried that this area will change too much and the City needs to consider the impact on the neighborhood because she is afraid it won't be community friendly. She said she would like the proposal to include a park or an area open to the public. She questioned the impacts to the creek and questioned what type of residents the proposed senior housing would have including violent people or people with dementia. She said she would be happy if a smaller assisted living home were built but the City needs to consider the impact to the smaller single family homes in the area. Dale Bates, 6140 Golden Valley Road, said he is concerned that a four-story building will be aesthetically displeasing. He is also concerned about what the building will look like and how higher density will affect the traffic. He said this proposal will cause a lot of change and it may be difficult getting on and off Golden Valley Road during the construction. Patty Burrets, 6414 Golden Valley Road, said she did not receive a hearing notice for this meeting or for the meeting held by the applicant last Wednesday. She said at the applicant's meeting they were told that the Comprehensive Plan is calling for high density on these properties and that is what the City wants. She said she doesn't see how the City can pre-approve things without getting citizen input. She said she was also told by the applicant that they will not make any money from the 74-unit co-op building. She said that the proposed buildings will be too dense and questioned how many acres the project includes. Keysser stated that the project will be on 4.7 acres. Burrets expressed concern about how many people would be allowed to live on an acre. Minutes of the Golden Valley Planning Commission August 11, 2008 Page 3 Grimes explained that the R-4 zoning district allows housing in buildings up to 8 stories or 96 feet in height before requiring a Conditional Use Permit. He said in terms of density generally 30 to 35 units per acre is considered to be pretty high density. He referred to the Calvary apartments and co-op property and stated that that has approximately 35 to 40 units per acre and is 10 or 11 stories in height and is the tallest development in Golden Valley. Burrets questioned why the applicant wouldn't just build a little bit bigger assisted living building and forget about the co-op building if they are not going to make any money from it anyway. She stated people are very unhappy and this is disturbilJg their lives. She added that it isn't that people don't want this type of use it's the size, scope, height and design that are the issues. She said the City should be looking for something other than assisted living buildings. They should be providing affordable housing for young people to move into this neighborhood. Stacy Hoschka, 6400 Golden Valley Road, said she agreed that there is a problem with the notification process and she spent hours distributing literature up and down Golden Valley Road. She said she doesn't object to the proposed use and she would prefer assisted living or senior housing versus another apartment building. She said this is going to be the highest density area in Golden Valley and questioned how the City wanted the area to look. She said it sounds to her like the Planning Commissioners don't even agree on the amount of density that should be in this area. She stated that the City has made promises with the Envision study, adopting the "Kyoto Protocol" and the new Douglas Drive Corridor Study and she is going to hold the City to these promises. She said she is nervous that this property will become low income housing 10 years from now if this project doesn't succeed. She questioned if other senior housing properties are at capacity and stated that the design of the proposed new buildings looks very institutional and they will tower over the neighborhood. She asked that the applicant work with the neighborhood regarding landscaping and open space and said there are a lot of opportunities to be creative and unique. She said residential properties have a big impact on the environment and she is concerned about storm water issues and landscape maintenance and fertilizers being used so close to the creek. She said she is also concerned about the traffic and hearing loud ambulance sirens all day long. She urged the City to listen to both sides. Roxanne Sienko, 5800 Golden Valley Road, said she is opposed to rezoning this area. She stated that 14 years ago Covenant Manor approached her because they wanted to expand. She said they were not interested in her family, they only wanted money. She suggested building nice single family homes and stated that the proposed project will change the neighborhood and the tall buildings won't fit in with the rest of the area. Janice Laulainen, 6040 Golden Valley Road, said she loves this area and what the City is doing is uncalled for. She said the gorgeous trees will be gone and she can't understand with all of the senior housing in the area why they need more. She asked why this project isn't being built where the Douglas Drive Apartments or the Copacabana Apartments are located because there is a lot of crime in those areas. She said she's been told that the older people who would be living in the proposed new buildings won't Minutes of the Golden Valley Planning Commission August 11, 2008 Page 4 drive and that is "baloney". She said the City is really asking for problems and referred to all the buildings that are for currently for lease. She said the proposed buildings are too high and will block the sun and wreck the view. She asked why this corner and why this is a "cut and dry" deal. She added that if the Planning Commission wants to beautify Golden Valley they should do it with something else. Jeanne Nyatz, 1350 Douglas Drive, said she lives in the condominium building to the north and will look directly at the proposed buildings. She said she thinks the project is well planned and will be meticulously maintained and beautifully landscaped. She stated that she has never had a problem getting in and out her driveway on Douglas Drive and she doesn't think that the density of the proposed new buildings will be a problem. Fredric Lager, 6306 Golden Valley Road, suggested that people in the neighborhood sit through another presentation by United Properties because everyone that has spoken at this meeting has been misinformed and is misrepresenting the proposal. He stated that United Properties is a local company which has been around for 89 years and this is their sixth or seventh similar proposal. They are not coming from out of town and pillaging Golden Valley. He said they will be a good neighbor and a good addition to the area and he is in support of this proposal if they follow all of the City's guidelines. He questioned if rezoning these properties is just fixing a technicality on the zoning map. Keysser explained that the City's General Land Use Plan map has been designated high density for at least the last nine years. In order to make the Zoning map consistent with the existing General Land Use Plan map these properties need to be rezoned to the High Density Residential R-4 zoning district. Lager asked about the current Comprehensive Plan update. Grimes explained that the Planning Commission has recommended, as part of the Comprehensive Plan update process, keeping these properties designated high density. Jamie Fitzgerald, 1400 Florida Avenue North, said she wants to reiterate that she is not against the proposal and suggested that a mass mailing be done to a 10-block radius and that the Planning Commission consider tabling this proposal. Patty Burrets, 6414 Golden Valley Road, referred to Mr. Lager's comment that there has been a lot of misunderstanding regarding this proposal and said she wants to know what has been misunderstood or misrepresented. Fredric Lager, 6306 Golden Valley Road, stated that he assumes the notification process followed all of the requirements. Grimes explained that the City of Golden Valley mails hearing notices to all property owners within 500 feet. He added that the state statute requires hearing notices be mailed to property owners within 250 feet. Eleanore Kolar, 6186 Golden Valley Road, said she doesn't believe there has been any misrepresentation; people are just expressing their opinions. Minutes of the Golden Valley Planning Commission August 11, 2008 Page 5 Mary Carson, 1601 Kelly Drive, said she drives by this area constantly and if something is going to be done it should be done tastefully because it impacts a lot of people in Golden Valley. She said from what she has heard this project is not well planned. They are going to come in, build, then leave because it is business to them. She said she is concerned about the loss of trees and added that there has to be a way to fit the architecture into the land. Dale Bates, 6140 Golden Valley Road suggested the developers build green roofs in order to release oxygen and save money on heating costs. Seeing and hearing no one else wishing to comment, Keysser closed the public hearing. Keysser clarified that this proposed project is not a "done deal" until the City Council makes their decision. He also clarified that the City is not the developer of this proposed project so it is not up to the City to tell the developer to build single family homes versus the proposed senior housing. Kluchka stated that the zoning map says the property is zoned R-3, but Grimes' memo says R-4 and asked for clarification. Grimes stated that the properties are currently zoned R-1 and R-3, and the proposal is to rezone them to R-4. Kluchka said he is concerned about going from R-3 to R-4. Grimes explained that the R-3 zoning district allows for townhomes and multi-family buildings if they are 12 units or less per acre. The R-4 zoning district is for multi-family buildings with 12 or more units per acre. He stated that the City needed to create a zoning district to match the density requirements on the General Land Use Plan map because the two maps were not consistent. Keysser asked if the property is rezoned to R-4 High Density Residential and the proposed project doesn't happen if the property would remain R-4. Grimes reiterated that the General Land Use Plan map shows these properties should be high density housing. He explained that if the Planning Commission and the City Council believe that the properties should not be used for high density then the General Land Use Plan map needs to be changed because the High Density designation is the current policy of the City. Waldhauser asked about the density of the condominiums to the north. Grimes said there are approximately 50 units in the condominium which is approximately 25 to 30 units per acre in density. Schmidgall stated that the City wasn't thinking when it designated these properties high density on the General Land Use Plan map because he can't imagine a 96-foot tall building in this location. He said he thinks medium density would be better in this location particularly because the zoning to the west is R-1 Single Family. He said it looks like this proposal is being squeezed on to these properties and he thinks the General Land Use Plan map needs to be corrected not the Zoning map. Minutes of the Golden Valley Planning Commission August 11, 2008 Page 6 McCarty said he is concerned that if this property is rezoned to R-4 and this project doesn't go through then someone could build a 96-foot tall building. He suggested reconsidering the General Land Use Plan map designation. Eck said the issue to consider is if R-4 is appropriate in this location because if the land use is changed to R-3 it would shoot this project down. Kluchkaquestioned if rezoning the properties to R-3 would make the apartments "not developable" . Eck stated that if the property is rezoned to R-4 it doesn't necessarily mean that a much taller or higher density project would be approved. Keysser questioned how a project could be denied if it were to meet all the zoning code requirements. Grimes explained that a PUD Permit requires a developer to stick to an approved plan. Cera asked if the PUD stays with the land. Grimes said yes and explained that if a developer in the future wanted to change an approved PUD Permit the City would have to rescind or amend the existing PUD Permit. Keysser asked for clarification that if someone in the future wanted to build something higher or something different they would have to amend the PUD. Grimes said yes. Schmidgall noted that the properties north of the creek are in the same situation. Grimes agreed and stated that the properties north of the creek are considered non-conforming and if the apartments to the north are re-developed they will more than likely be higher density because of the facts of the economy. Cera asked if the City could approve the rezoning request, but deny the PUD request. Grimes reiterated that the City Council has designated this area high density. If the Planning Commission doesn't agree that this area should be high density they could table the rezoning request and ask the City Council to reconsider the comprehensive plan designation. He stated that Golden Valley is currently 70% single family homes. The City has looked far and wide in Golden Valley for areas that could be designated higher density because the Planning Commission and City Council felt there needed to be areas designated for higher density uses and it was felt that this was a good area for higher density development. Waldhauser said they need to look at the City and see if there is a better location for this type of development and she doesn't think there is. Keysser said he is comfortable with rezoning the property knowing the City has the PUD process for protection. McCarty said he is curious as to what the Douglas Drive Corridor study will find because this project will set the tone for the rest of the corridor if this project goes forward. Minutes of the Golden Valley Planning Commission August 11, 2008 Page 7 Keysser stated that the Douglas Drive Corridor study committee has looked at maps to see if change was wanted or not. Hogeboom added that the consensus of the Douglas Drive Corridor study committee was to change these properties to high density. Kluchka said this is one of the better places the City has to do this type of development and he is inclined to support the rezoning. However, he is concerned about traffic because nobody yields at the corner of Golden Valley Road and Douglas Drive, which needs to be thought about as a part of the Douglas Drive Corridor study. He said they also need to address traffic and impacts to the area. Cera said he agrees that there is a need for higher density housing. Eck said this is a NIMBY issue and it is fair to say that higher density housing like this is never desirable for the neighbors living in the area. He said he wants to be sensitive to the neighbor's feelings but if the City was totally sensitive there would never be any change. Waldhauser said she supports the rezoning request with some reservations. She said Golden Valley needs more senior housing opportunities and this project is an attractive option for seniors. McCarty said he understands that Golden Valley needs higher density but he is concerned that if these properties were rezoned, someone could propose at 96-foot tall building and if it meets all of the zoning code requirements they wouldn't need a PUD. Kluchka asked if there is any way to place some type of overlay or control on future development. Grimes said he doesn't think so. He explained that if the concern is the height of the structures then the Planning Commission could consider changing the Zoning Code requirements. He added that if the City holds off on the rezoning of the properties until the Final PUD procedure it would hold the zoning of the land in the state it is in currently. Kluchka said he doesn't want to playa procedural game he would like something more like an overlay. Schmidgall said he would like to rezone the properties to R-3 Medium Density Residential, not R-4 High Density Residential. He said he would rather have a developer beg the City to be allowed to build taller than have the City beg a developer to build something shorter. McCarty asked if the rezoning and PUD are approved and the developer decides not to build this project what the limitations are to the next developer. Grimes stated that the City Council can eliminate or rescind a PUD and go back to what the property is zoned and a future developer would probably have to replat the properties or a PUD can be amended to allow for something else. He reiterated that the PUD takes the plans submitted and holds the developer to them. He stated that from a staff perspective this proposal is consistent with what the City is calling for. He referred to the City's housing plan and noted that it also calls for providing an alternate form of housing. He stated that Minutes of the Golden Valley Planning Commission August 11,2008 Page 8 other cities have built this type of product and have proved that this type of housing causes turnover and frees up single family homes for younger families to purchase. Waldhauser said the thinks the City should be looking at all the properties at the same time and needs to be thinking about the whole area. Grimes reiterated that state law requires that General Land Use Plan maps and Zoning maps are consistent with each other. MOVED by Waldhauser, seconded by Cera and motion carried 6 to 1 to recommend rezoning the following properties from their current zoning designation to the R-4 High Density Residential Zoning District. Commissioner Schmidgall voted no. . 1100, 1170, 1200 and 1300 Douglas Drive North from R-1 Single Family Zoning District to R-4 High Density Residential Zoning District . 6200 and 6212 Golden Valley Road from R-3 Medium Density Residential Zoning District to R-4 High Density Residential Zoning District. 3. Informal Public Hearing - Preliminary Plan Review - Planned Unit Development - Applewood Pointe - PUD 106 Applicant: United Properties Address: Northeast Corner of Douglas Drive and Golden Valley Road Purpose: To allow for the construction of a 4-story, 74-unit senior cooperative building and 4-story, 1 05-unit assisted living building. Grimes referred to a location map and stated that the properties involved in this request are located at the northeast corner of Douglas Drive and Golden Valley Road and are the same properties involved in the previous rezoning request. He stated that United Properties is proposing to build two buildings on these properties and create one lot for each building. One will be a 74-unit senior cooperative housing building and the other will be a 1 05-unit assisted living building. The proposed buildings will be three and four stories in height. He stated that the City Engineer and Hennepin County have reviewed this proposal extensively and Hennepin County has said they do not want access to the site from Douglas Drive. Therefore there will only be one access located on Golden Valley Road. He said he feels comfortable with only one access because of the population of the buildings. He stated that both buildings will have underground and surface parking and that the amount of parking provided exceeds the City's parking requirements. He stated that one of staffs concerns was the additional 17 feet of right-of-way along Douglas Drive that the County is requesting to accommodate future road changes, turn lanes or sidewalks. He stated that United Properties is providing additional sidewalks and is improving sidewalk connections as a part of their proposal. He referred to the Minutes of the Golden Valley Planning Commission August 11, 2008 Page 9 issue of height and explained that the City measures height from grade to the mid-point of the highest gable so the proposed buildings will be from 46 feet to 56 feet in height. He stated that previous speakers brought up the issue of "green" development and suggested the developer discuss their plans. However, regarding storm water management they have gone above and beyond the City's requirements. He stated that the City will be requiring maintenance agreements for the ponds and for the pervious pavers they are proposing. The applicant will also be required to do a tree preservation plan. He referred to the site plan and discussed a small triangular area to the north of their property. He explained that United Properties is in negotiations with the condominium property to north to obtain that triangular property. Without obtaining that piece of property the proposal will not be allowed to go forward with their final PUD approval. He stated that staff is recommending approval of this proposal with the comments from the City Engineer, the Deputy Fire Marshall and the applicant obtaining the small triangular property to the north. McCarty noted that the setback along Douglas Drive is 18 feet and questioned if that would require a variance. Grimes stated that variances are not issued as a part of the PUD process and that the plans that are submitted and approved is what gets built. Grimes added that the County is also asking for a 10-foot easement for trails. Kluchka asked if the easement would affect the setback. Grimes said no. The setback is determined from the official right-of-way for the street. Schmidgall asked if the buildings are actually five stories in height with the parking underneath. Grimes said the parking is below grade and reiterated that the height of the buildings is approximately 56 feet. Alex Hall, United Properties, Applicant, talked about the background and history of United Properties. He stated that they got into the senior housing market approximately six years ago and they have built five co-ops throughout the metro area. He said he understands the neighbor's concerns and added that he has had a neighborhood meeting and has invited the neighborhood to go to another one of their sites and see the landscaping and talk to the people who live there. Hall said it is his intent to follow the City's Comprehensive Plan which calls for higher density residential and based on that, they acquired the properties because they feel their plan will work well on this corner. He referred to the 3-story condominium building to the north and stated that their proposed new buildings will be less than 10 feet taller than that so these new buildings will not tower above the other buildings in the area. He referred to the comment that was made about not needing the co-op building and clarified that they do need the density of both buildings to make the project work, however the assisted living building will probably be more profitable. He referred to a site plan and stated that there will be one enclosed parking space per unit for the co-op building and the co-op building is "for sale" housing, not rentals. Hall referred to the concern expressed regarding traffic and stated that the use they are proposing is one of the lower traffic generating uses that can be found. He stated that they have done traffic studies in other cities where they have similar projects. Minutes of the Golden Valley Planning Commission August 11, 2008 Page 10 Hall showed a rendering of what the proposed buildings will look like and explained that the colors shown are not the final color choices. He stated that their buildings use a variety of materials such as stucco, Hardie Board siding and stone. He said they welcome the neighbors input on colors and materials. Keysser asked about the roof materials. Hall stated that the roofs will be a dark color, asphalt shingle. Keysser asked about the co-op prices. Hall said the co-op units will sell for approximately $185 per square foot. Keysser asked why they are proposing co-ops instead of condominiums. Hall stated that there is a financial advantage for a co-op buyer because a co-op has a master mortgage, not individual mortgages like a condominium. He explained that co-op documents are set up to give residents a say in how the property is run. He stated that they don't just construct the buildings and leave; they manage their own properties with an on-site housing manager and they also have several boards and committees which are not often found in condominiums. Hall referred to the City's Comprehensive Plan and discussed the housing forecasts which show that the 65+ age group is the fastest growing age group so they are building a product that is needed now and in the future. He added that by people moving into these types of communities it frees up single-family houses for younger families. Hall again referred to the City's Comprehensive Plan regarding blighted properties and stated that they have had a blight analysis done and 3 out of the 5 properties in this proposal meet the standard for blighted properties in the tax increment financing standards. He said what they are proposing will be an improvement to the City and reiterated that their proposal meets the objectives in the City's Comprehensive Plan. Kluchka asked Hall about the size of their Bloomington location. Hall said the Bloomington site has 95 units on approximately 3 acres. Keysser asked how the Bloomington units sold. Hall said all of the units were sold before they were done with construction and there is now a waiting list. Kluchka asked how the neighborhood concerns were mitigated in Bloomington. Hall said he wasn't involved in the Bloomington project but he has been involved in the Roseville project where they created a buffer of "machine moved" pine trees between their project and neighboring single-family homes. Kevin Teppen, MFRA, Engineer for the project, stated that they want to be as "green" as they possibly can and save as many trees as possible. He referred to a site plan and discussed which trees will remain, which trees will be transplanted and which trees will be removed. He stated that there will be permeable pavers in the courtyard and rock infiltration basins in addition to the heavy landscaping being proposed. Keysser asked if there will be a LEED designation on this project. Hall said no because it is very difficult to get LEED certification on residential property. He stated that they will have a central boiler to increase efficiency in the assisted living building and that these proposed units will be more energy efficient than a single-family home. Kluchka asked if there are plans to install bike racks. Hall stated that all of their buildings have several bike racks in the garage level. Minutes of the Golden Valley Planning Commission August 11, 2008 Page 11 Keysser asked about the location of the nearest bus stop. Grimes said there is a bus stop located across the street. Eck asked if the residents would be able to purchase an additional parking space if they would like. Hall said not in the co-op building because there will be one parking space per unit but there could possibly be spaces available to rent in the assisted living building. Keysser asked about the percentage of single people versus couples. Hall said approximately 50% will be couples. Kluchka asked Hall to address the approachability of the entrances. Hall referred to the site plan and stated that the main entrances are on the interior of the courtyard. He said there will be rear entrances in the back of the assisted living building and that all entrances will have card access or key fob access. He added that they will also be installing benches near the creek. Kluchka explained that in previous proposals the Planning Commission has discussed buildings that don't look approachable. He said he wants to have an entrance or face in the neighborhood. Teppen stated that there will be a pedestrian gateway along Douglas Drive with a central courtyard to welcome people in. Keysser stated that the previous discussions the Planning Commission had were in regard to office space. He said he feels this proposal is different because it is residential and therefore more private. Kluchka said he understands that, but he doesn't want the buildings to have a "faux Craftsman look" or a large flat wall that looks like an institution because this is a gateway intersection and he's afraid it doesn't say "Golden Valley" and it won't be appealing. He asked if there is a way to make it look more approachable to people driving by. Hall showed an elevation drawing of the buildings and discussed the stone and entrance focal point. Kluchka stated that this is a significant mass of a building and he is trying to look for ways the building can be kind to the environment and feel approachable and give an impression that this is somewhere someone would want to live. Keysser said he thinks the trees will help with the massing feel. Hall stated that they turned the east end of the assisted living building to help not have such a long expanse of wall along Golden Valley Road. McCarty said he agrees that there is a lot of building along Golden Valley Road. Waldhauser suggested that instead of having so much open space with parking in the center they consider moving the parking to the outside of the building and camouflaging it, then the building wouldn't be so close to the street. Hall stated that with that configuration they would lose density and they would have to have a T-shaped building. He said that they did consider turning the buildings and that this project as gone through several versions before the one being proposed. Keysser stated that the Douglas Drive side of the buildings looks good to him and questioned if anything could be done along the Golden Valley Road side to help break-up the fac;ade along the street. Hall stated that could have bump-outs in the fac;ade along Golden Valley Road. Minutes of the Golden Valley Planning Commission Aug ust 11, 2008 Page 12 Fariborz Afsharjavan, JSSH Architects, Architect for the project, stated that some of the issues with the buildings have to do with the setback requirements, the density and the parking requirements. He said the buildings are broken up as much as possible and the site doesn't allow them to do anything differently. He said they are breaking up the fa<;ade with the materials they are using. He added that the end user is going to drive the look of this project because people living in these units don't want to look at cars on Douglas Drive or Golden Valley Road. He referred to the entrance and discussed how it will be a visible focal point. Keysser opened the public hearing. John Paulson, 320 Edgewood Avenue North, asked if the City is subsidizing or deferring taxes to aid this project in any way. Grimes stated that the applicant has requested Tax Increment Financing (TIF). Hall added that they have had preliminary discussions with the City regarding TIF but nothing has been finalized. Paulson said he not opposed to the development if they pay for it themselves. He said he doesn't want to pay taxes to assist someone in constructing another building and taxpayers shouldn't have to support this project. Grimes said that the issue of TIF is an HRA and City Council issue. The detailsof that are separate from the land use issues they are discussing at this meeting. Kluchka asked how TIF is being used. Grimes stated it will be used to write down the cost of the land. Kluchka asked about the TIF process. Grimes said there will be a development plan for the area and he believes the Planning Commission will review it. Keysser clarified that TIF is paid by the property owner, not by taxpayers. Paulson said he doesn't believe in subsidies because it is not the American way to do business. Roxanne Sienko, 5800 Golden Valley Road, asked how tall the buildings are from the bottom of the building to the top. Hall said the buildings are approximately 57 to 58 feet in height. Sienko said she thinks a 60-foot high building would be considered a six story building. She said she wants to know if these buildings are four or six story buildings. Grimes explained that the City measures height from grade to the middle of the highest gable. Sienko stated that the existing apartment building is a three story building. Grimes stated that story heights are greater today than when the apartments were built and there is also more space between the floors. Sienko asked if she will only see one more story on the proposed new buildings compared to the apartments that are there now. Kluchka stated that these new buildings have a slightly steeper gable so essentially it will look like another story visually. Hall added that the proposed new buildings will be approximately 10 feet higher than the condominium building to the north. Sienko asked how many feet there will be from the curb to the edge of the building. Grimes said there will be 43 feet from the curb to the building. Sienko asked if between the building and the curb there will be trees, sidewalk and grass. Grimes said yes. Minutes of the Golden Valley Planning Commission August 11, 2008 Page 13 Sienko asked why they are proposing so much parking if all the spots are not needed. She suggested they put in more green space instead. Kluchka said it is a matter of use versus capacity. Hall stated that visitors won't have access to the underground garage spaces. He explained that they could probably get rid of half of the underground parking under the assisted living building but it is not cost effective to dig out only half of the underground area. He said he does feel that they will need all of the surface parking. Sienko said her concern is the increased traffic on Golden Valley Road. She said she has concerns about people passing each other on Golden Valley Road when they have to slow down for their driveways. She stated that Golden Valley Road was just replaced last year and now it will look like it did before it was replaced. She said she also thinks that a 59-foot tall building is a big building. Stacy Hoschka, 6400 Golden Valley Road, said she agrees with the comment made about having a "faux Craftsman" look along Golden Valley Road and that even the architect said he is not a fan of the massive look. She asked if the City wants the buildings to look like they are proposing just to meet the applicant's needs. She said the aesthetics are her biggest concern and the four story portions of the buildings will largely overshadow the three story portions. She said traffic is also a major concern and she is concerned about what could be built at this location if this plan doesn't go through. She asked if a PUD includes just the building plans or if it includes the trees too. Grimes stated that the PUD plans include a landscaping plan that is typically in effect for two growing seasons. Hoschka asked if trees die would they have to be replaced. Grimes said the applicant will be required to have a tree preservation plan. Hoschka asked if the applicant has considered using geothermal heating and cooling. Hall said no. Hoschka asked if a maintenance agreement will be required for the pervious pavers they are proposing. Grimes said yes. Hoschka asked if the proposed ponding was considered pervious or impervious. Kluchka said the ponds are considered pervious. Hoschka said ponds are impervious. Patty Burrets, 6414 Golden Valley Road, expressed concern that there is only one entrance and exit for the number of cars coming in and out. She asked where deliveries will be made and said she hopes it's not on Golden Valley Road. Keysser reiterated that the County will not allow access on Douglas Drive. Burrets said the driveway on Golden Valley Road is going to be dangerous and asked how far away the entrance is from the bridge. Kluchka said the bridge is about 20 feet away from the entrance. Teppen, stated that the distance from the entrance to the driveway was an issue discussed with the City Engineer and the Deputy Fire Marshal, also with the County. Burrets stated that Hall had said they were considering moving the entrance further to the west. Hall said they are still considering that. Burrets stated that people on Golden Valley Road go 35 to 40 miles per hour and there is not enough space for a person to stop. She said a project this size is not appropriate with one entrance and it is something that needs to be thought about. Minutes of the Golden Valley Planning Commission August 11, 2008 Page 14 Burrets asked how the property is going to be lit. Hall said they would follow the City's lighting ordinance requirements. Burrets said she is surprised this property is as expensive as it is considering the blight. She asked how the taxes are figured on co-ops versus condos and how it compares to her house. Keysser stated that the co-op building pays the taxes versus the individuals. Grimes added that the City has no say in a building becoming a condo or a co-op. Hall stated that cities assess co-ops similar to apartment buildings. Burrets said she thinks this project is huge for the size of property it is on and it will be overbuilt. Janice Laulainen, 6040 Golden Valley Road, asked if Golden Valley Road is torn up who pays to fix it, the developer or the people who live on Golden Valley Road. Grimes explained that the City policy is if a street is less than 5 years old the developer has to make it new again. He said the City has the same concern because it does not want its new streets torn up and not fixed. Laulainen said this project is more work and trouble for everyone. Grimes stated that the City can't stop development for 5 years because a street is new. Hoschka stated she is not opposed to the project she just wants to be involved in the aesthetics of it. Hall stated that he strongly believes based on past traffic studies that the traffic generated from the proposed four stories of senior housing will be less than the numbers for a less dense, non-senior project. Grimes said the City does know that senior developments produce less peak-hour trips. Seeing and hearing no one else wishing to comment, Keysser closed the public hearing. Schmidgall said he would very much like to see this project built but he thinks it is too big for this site. Keysser said he supports this project because there is clearly a need for it. Cera said he supports the proposal as well especially since it opens up single family homes for new buyers and it is close to a bus line. Kluchka said he wants to see the design better suit the site and he wants to see better traffic safety at that intersection. He said he is concerned about the safety of the entrance and the yield sign and crosswalk at that intersection. He said he wants conditions of approval that require the building along Golden Valley Road to articulate and because of the lack of articulation he is going to vote no. Grimes said he can get more traffic and safety information from the City's consulting traffic engineer. He said the City also has concerns about the safety of that intersection and it will also a part of the Douglas Drive Corridor Study. Minutes of the Golden Valley Planning Commission August 11, 2008 Page 15 McCarty said he agrees that Golden Valley needs this type of project but he is also concerned about the traffic and long stretch of building along Golden Valley Road so he is not inclined to support this proposal. Keysser suggested they add a condition to their approval that the building fac;ade along Golden Valley Road must articulate. Kluchka said his preference would be to table the req uest. McCarty said he would rather see one building be taller and set back further from Golden Valley Road than have the long fac;ade right along Golden Valley Road. Eck said his initial reaction was that this is a lot of building for this site but there are groups of apartment buildings all over Golden Valley that seem to manage traffic coming in and out of them. He said he is inclined to support the project. MOVED by Cera, seconded by Waldhauser and motion carried 4 to 3 to recommend approval of a PUD at the Northeast Corner of Douglas Drive and Golden Valley Road to allow for the construction of a 4-story, 74-unit senior cooperative building and 4-story, 1 05-unit assisted living building with the following conditions. Kluchka, McCarty and Schmidgall voted no. 1. The "Preliminary Site Development Plans for Applewood Pointe" prepared by MFRA Associates and dated 7/25/08 shall become a part of this approval. These plans consist of Sheets C-1.01, 2.01, 3.01, 3.02,4.01,4.02,4.03, 5.01, 5.02, 5.03, 6.01, 8.01,9.01,9.02, and 10.01. 2. The preliminary architectural plans for Applewood Pointe of Golden Valley prepared by JSSH Architects and dated 5/09/08 shall become a part of this approval. These plans consist of Cooperative Sheets CSt A1.1, A2.0, A2.2, A2.3, A2.4, A2.5, A2.6, A2.7, A3.1, A3.2, A3.3, A3.4, A4.1, A4.2, A4.3, A4.4, Assisted Living Sheets A2.1, A2.2, A4.1 , and A4.2. 3. The recommendations and findings made by City Engineer Jeff Oliver, PE, found in the memo to Mark Grimes, Director of Planning and Development and dated July 30, 2008 shall become a part of this approval. 4. The recommendations and findings made by Deputy Fire Marshal Ed Anderson found in the memo to Mark Grimes, Director of Planning and dated July 21, 2008 shall become a part of this approval. 5. Prior to approval of the final plan of development by the City Council, title to the triangular piece of property now owned by the condominium association north of Bassett Creek shall be in the ownership of Applewood Pointe. 6. The applicant shall show some alternate designs regarding the fac;ade of the assisted living building along Golden Valley Road. 7. The City's consulting traffic engineer shall address the issues related to the traffic concerns before the proposal goes to the City Council. Minutes of the Golden Valley Planning Commission August 11,2008 Page 16 4. Informal Public Hearing - Conditional Use Permit - Teacher Federal Credit Union - 601 Boone Avenue North - CU-123 Applicant Teacher Federal Credit Union Address: 601 Boone Avenue North Purpose: To allow for the construction of a 7,700 square foot credit union building with 4 drive-through lanes in the Commercial Zoning District. The Conditional Use Permit is required for the drive-through lanes. Grimes stated that the applicant, Teacher Federal Credit Union would like to move from their existing location in Golden Valley to this new location at 601 Boone Avenue North. He explained that the applicant would like to tear down the existing gas station building and construct a new 7,700 square foot credit union building with four drive-through lanes. A Conditional Use Permit is required in this case because of the drive-through lanes. Keysser asked what the applicant is planning to do with the building they are currently in. Grimes said he didn't know. Dan Lieberthal, Vice President Real Estate, Teacher Federal Credit Union, said they have been in Golden Valley for a very long time and their current facilities no longer meet their needs. He referred to a site plan and stated that they are planning to build a very nice credit union and they are also working on re-branding their image. He stated that they will have to construct the building on pilings because of the flood plain and they will work with FEMA and the City regarding the flood plain issues. Keysser asked if there are any environment concerns due to the fuel tanks. Lieberthal said there are some minor issues but the current owner will be required to remove the tanks before they buy the property. Kluchka stated that this location is highly visible and asked the applicant if the credit union will lease out space for commercial use. Lieberthal said they won't lease out any space because credit unions are not allowed to own investment properties because they are taxed differently. Keysser opened the public hearing. Seeing and hearing no one wishing to comment, Keysser closed the public hearing. MOVED by Schmidgall, seconded by Cera and motion carried unanimously to recommend approval of a Conditional Use Permit at 601 Boone Avenue North to allow for the construction of a 7,700 square foot credit union building with 4 drive-through lanes in the Commercial Zoning District with the following conditions: 1. The site plan for the TFCU new branch facility at 601 Boone Ave. N. prepared by HTG Architects and dated 7/14/08 shall become a part of this approval. Minutes of the Golden Valley Planning Commission August 11, 2008 Page 17 2. The recommendations and findings of City Engineer Jeff Oliver, PE, found in a memo to Planning Director Mark Grimes and dated July 31, 2008 shall become a part of this recommendation. 3. The recommendations and findings of Deputy Fire Marshal Ed Anderson found in a memo to Planning Director Mark Grimes and dated July 30, 2008 shall become a part of this recommendation. 4. A sidewalk connection between the sidewalk along Boone Ave. N. to the sidewalk in front of the proposed credit union building shall be constructed along with other site improvements. 5. The Building Board of Review shall review and approve the final landscape plan for this site. 6. Any failure to comply with one or more of the conditions of approval shall be grounds for revocation of the conditional use permit. ---Short Recess--- 5. Reports on Meetings of the Housing and Redevelopment Authority, City Council, Board of Zoning Appeals and other Meetings No reports were given. 6. Other Business No other business was discussed. 7. Adjournment The meeting was adjourned at 11: 15 pm. Lester Eck, Secretary Minutes of a Regular Meeting of the Golden Valley Board of Zoning Appeals August 26,2008 A regular meeting of the Golden Valley Board of Zoning Appeals was held on Tuesday, August 26, 2008 at City Hall, 7800 Golden Valley Road, Golden Valley, Minnesota. Chair Sell called the meeting to order at 7 pm. Those present were Members Kisch, Nelson, Segelbaum, Sell, and Planning Commission Representative McCarty. Also present were City Planner Joe Hogeboom and Administrative Assistant Lisa Wittman. I. Approval of Minutes - July 22, 2008 MOVED by Kisch, seconded by Nelson and motion carried unanimously to approve the July 22 minutes as submitted. II. The Petitions are: 1400 Rhode Island Ave. N. (08-08-11) Frank A. Manaro, Applicant Request: Waiver from Section 11.21, Subd. 12(A)(2) Front Yard Setback Requirements . 14.8 ft. off the required 35 ft. to a distance of 20.2 ft. at its closest point to the front yard (south) property line. Purpose: To allow for the construction of a new garage. Request: Waiver from Section 11.21, Subd. 12(A)(3) Rear Yard Setback Requirements . 2 ft. off the required 5 ft. to a distance of 3 ft. at its closest point to the rear yard (east) property line. Purpose: To allow for the construction of a new garage. Request: Waiver from Section 11.21, Subd. 12(E) Accessory Structure Size Requirements . 75 sq. ft. more than the allowed 800 sq. ft. for anyone accessory structure for a total area of 875 sq. ft. Purpose: To allow for the construction of a new garage. Hogeboom referred to a survey of the property and explained that the applicant is proposing to tear down his existing garage in order to build a new garage. He stated that the proposed new garage needs variances from front and side yard setback requirements and also from accessory structure size requirements. He added that in 1997 five variances Minutes of the Golden Valley Board of Zoning Appeals August26,2008 Page 2 were granted to bring the existing home and garage into conformance and to allow for the construction of a 3-season porch. Segelbaum referred to the application and asked if there was three feet taken from this property when the streets were reconstructed as the applicant stated. Hogeboom said he didn't know and suggested they ask the applicant. Kisch asked if the existing garage fell under the pre-1982 regulations of the Zoning Code. Joe stated that the existing garage did receive variances to be located where it is. Frank Manaro, Applicant, stated that he is looking for more room to park cars and the existing garage needs to be torn down because it is bad shape. He stated that when the City reconstructed his street he lost three feet from the length of his driveway so now the driveway is too short to park cars on. Sell noted that the proposed newgarage is 25 feet deep and 35 feet wide. Kisch asked about the rationale for the 35-foot width of the proposed new garage. Manaro said he wants a third garage stall to be able to park two cars and have room for storage. Sell stated that variances have been granted in the past for the location of the existing garage so really the only new item is the size of the proposed new garage. He added that it seerns strange to him to look differently at the location of the garage now. McCarty said he is ok with the location of the proposed new garage but he is uncomfortable granting a variance for an additional 75 square feet. He stated that if the garage is going to be rebuilt he would like to see it meet the 5-foot rear yard setback requirement. Manaro explained that it would be difficult to meet the 5-foot rear yard setback requirement because the curb cut is already in place and the neighbor has a nice fence along that property line so it would look bad to move the new garage over. Kisch suggested making the garage 24 feet deep and 32 feet wide in order to reduce the square footage of the garage. Segelbaum agreed and said he is guessing that the rest of the Board is most hesitant about the size of the proposed new garage. Manaro said he doesn't want to build something and then be disgusted with it. Segelbaum asked the applicant if he had to reduce the size of the new garage if he would rather reduce the width or the depth. Manaro said he'd rather reduce the depth but if the new garage is too small it is not worth it to him to build it. McCarty stated that technically right now the applicant has a two-car garage so there isn't really a hardship in this case. He said that if the new garage was 25 feet deep and 32 feet wide he would be happy and the new garage would still be bigger than the existing garage. Sell agreed that 25 feet by 32 feet would be adequate. Kisch said he would be comfortable approving the first two variance requests and denying the third. Minutes of the Golden Valley Board of Zoning Appeals August26,2008 Page 3 Segelbaum suggested the Board require the new garage to meet the 5-foot rear yard setback, but he would be comfortable approving the first variance request regarding the front yard setback. Kisch said that requiring the new garage to meet the 5-foot rear yard setback would have a bigger impact on the property to the east because there is already a fence and landscaping in place. Sell opened the public hearing. Seeing and hearing no one wishing to comment, Sell closed the public hearing. MOVED by Nelson, seconded by McCarty and motion carried unanimously to approve the following variance requests: . 14.8 ft. off the required 35 ft. to a distance of 20.2 ft. at its closest point to the front yard (south) property line to allow for the construction of a new garage. . 2 ft. off the required 5 ft. to a distance of 3 ft. at its closest point to the rear yard (east) property line to allow for the construction of a new garage. And to deny the following variance request: . 75 sq. ft. more than the allowed 800 sq. ft. for anyone accessory structure for a total area of 875 sq. ft. 6925 Medicine Lake Road (08-08-12) Ronald and Vicki Rath. Applicants Request: Waiver from Section 11.21, Subd. 11(A)(3)(a) Side Yard Setback Requirements . 7.75 ft. off the required 22.75 ft. to a distance of 15 ft. at its closest point to the side yard (east) property line. Purpose: To allow for the construction of a new home. Request: Waiver from Section 11.21, Subd. 11 (B) Height Requirements . 2.5 ft. higher than the allowed 28 ft. in height to a height of30.5 ft. (south front elevation) Purpose: To allow for the construction of a new home. Request: Waiver from Section 11.21, Subd. 11 (A)(3)(d) Articulation Requirements Minutes of the Golden Valley Board of Zoning Appeals August 26,2008 Page 4 . To allow the front wall (along Medicine Lake Rd.) with no articulation Purpose: To allow for the construction of a new home. Request: Waiver from Section 11.21, Subd. 11(A)(1) Front Yard Setback Requirements . 4 ft. off the required 35 ft. to a distance of 31 ft. at its closest point to the front yard (south) property line. Purpose: To allow for the construction of a deck on a new home. Hogeboom stated that the applicants are proposing to build a new home on a vacant lot at the corner of Medicine Lake Road and Sandburg Lane. He explained that this lot was part of a subdivision done a few years ago and that the house the applicants are planning to build met all of the zoning code requirements at that time. The applicants discovered that the zoning code requirements had significantly changed when they applied for a building permit. Hogeboom stated that if these current variance requests are granted it would basically allow the applicants to build their house using previous zoning code requirements before the "infill ordinance" was adopted. He added that one of the significant hardships in this case is the triangular shaped lot with essentially three front yards. McCarty referred to the variance regarding the height of the proposed new home and questioned if the previous zoning code allowed for 30 feet of height. Hogeboom said yes and stated that the requested variance is .5 feet higher than the previously allowed 30 feet. McCarty noted that the articulation requirements would not have been met under the previous zoning code requirements either because the previous code required walls to articulate when they reached 40 feet in length. Hogeboom reiterated that the shape of the lot is the hardship in this case. Segelbaum asked if the house would have had to have been built before the code changed to be considered legally non-conforming. Hogeboom said yes and stated that the applicant was following the regulations of the zoning code at the time. McCarty asked when the property was subdivided. Hogeboom said he wasn't sure. Nelson asked when the zoning code requirements changed. Hogeboom said the "infill ordinance" was adopted in March 2008. Ronald Rath, Applicant, stated that the property was subdivided in the fall of 2004. He explained that at that time he showed the City Council preliminary drawings showing a 2- story house with no articulation in the front. He stated that at that time the only part of his proposed new house that would not have met the zoning code requirements was the deck along Sandburg Lane. He said he would be willing to build that deck differently in order to meet the current setback requirements. He stated that if he doesn't receive a variance Minutes of the Golden Valley Board of Zoning Appeals August 26, 2008 Page 5 from the side yard setback requirements the lot becomes virtually unbuildable because he would only be able to build a 900 square foot house which wouldn't be worth the money they paid for the lot. Nelson asked about the square footage of the proposed new home. Rath said there will be 1,400 square feet on the main floor, 900 square feet in the master suite above and 900 square feet below. He reiterated that the area he is proposing to build the house on is the only buildable part of the lot and that he did not pay $80,000 for the lot to build a rambler. He explained that the height of the proposed new house would be 28-30 feet if he didn't have to give up 5 feet required for the grading of the lot. He added that the new zoning code requirements just about destroy this property. Hogeboom noted that this property is bordered by light industrial properties so there won't be any homes to the rear of this proposed new house. Sell talked about the many ideas that have been proposed in the past for this corner. He commended the applicant for trying to build a house on this lot. Nelson said she understands the intent of the recently adopted zoning changes but this is certainly a unique lot and the proposed house is not enormous or oversized for this lot. McCarty asked that applicant why he didn't build this house three years ago when the property was subdivided. Rath explained that the mortgage company folded and the amount of construction money available is down to three lenders in the state. McCarty said he feels ambivalent about this proposal. He said he is fine with the side yard setback variance request because the intent of the new zoning requirements was to avoid a "canyon" affect between houses and he doesn't see that as being an issue in this case. He added however that he doesn't believe that the house plans met the previous zoning code requirements either. Rath stated that every jog in a wall costs more to build, insure and heat and cool. He asked if the proposed deck along Sandburg Lane can be built to within 30 feet of the property because it is considered a front yard. Segelbaum said he thinks this lot has one front setback when considering an open front porch. He explained that the zoning code allows open front porches, not decks, to be located 30 feet from the front yard property line. Sell opened the public hearing. Seeing and hearing no one wishing to comment, Sell closed the public hearing. Segelbaum said that he feels sympathetic for the applicant because he was caught in the middle of the zoning code changes. He said the house plans look nice but the City Council voted to change the zoning code requirements and he feels that granting these variance requests would go against the City Council's wishes. He said he would like the Council to review this proposal to see if this was their intent. Minutes of the Golden Valley Board of Zoning Appeals August 26,2008 Page 6 Kisch said he feels fine granting the side yard variance request because this is such a unique lot and he needs the side yard variance to make this a buildable lot. He said he is also ok with the variance regarding articulation because the front porch breaks up the fa9ade of the front of the house and it is in line with the intent of the zoning code. He said that the height of the proposed new home is an issue for him and he thinks the height could be brought down a little bit. He added that the proposed house will fit in with the character of the neighborhood and noted that the next two homes on the same street are also 2-story walk-out style homes. McCarty said the Board can't look at the other homes in area because they were built before the new zoning requirements were adopted. Nelson stated that there are unique circumstances with this property. The proposal is keeping within the spirit of the zoning code and the proposed house won't substantially change the character of the neighborhood. She added that these are the things the Board is supposed to consider when granting variances. Sell stated that if this proposed house were being built between two existing houses he could see that there would be some concern but this lot is unique because of its shape and what is located around it. He said due to the many unique circumstances in this case he is in favor of granting the requested variances. He said he would also like these minutes and issues brought to the City Council's attention because maybe the new zoning code requirements need further review. Segelbaum asked Hogeboom which variances requested are needed as a result of the zoning code changes. Hogeboom said all of the requests except the one for the deck along Sandburg Lane are required as a result of the new zoning code changes. Nelson said she thinks it is important to be consistent when granting variances but this is such a unique circumstance that she doesn't think it will establish any type of precedent. Segelbaum agreed that granting the requested variances wouldn't set a precedent but he reiterated that he is not comfortable going against the zoning code requirements that were just recently adopted by the City Council. He said he would oppose the first three variance requests but he would be in favor of granting the fourth request. He said he thinks the City Council needs to see this request and make the decision. Sell said that the City Council doesn't tend to overrule the Board of Zoning Appeals or go against the Board's decisions. He said he thinks a split vote would be better than a denial in this case. Hogeboom offered to write a report to the City Council regarding the issues in this case. McCarty said he would like to vote on the variance requests individually. The Board ag reed. MOVED by McCarty, seconded by Kisch and motion carried 4 to 1 to approve the request for 7.75 ft. off the required 22.75 ft. to a distance of 15 ft. at its closest point to the side yard (east) property line to allow for the construction of a new home. Segelbaum voted no. Minutes of the Golden Valley Board of Zoning Appeals August 26, 2008 Page 7 MOVED by Nelson to approve the request for 2.5 ft. higher than the allowed 28 ft. in height to a height of 30.5 ft. (south front elevation) to allow for the construction of a new home, the motion died due to the lack of a second. MOVED by Segelbaum, seconded by Kisch and motion carried 3 to 2 to deny the request for 2.5 ft. higher than the allowed 28 ft. in height to a height of 30.5 ft. (south front elevation) to allow for the construction of a new home. Nelson and Sell voted no. MOVED by Kisch, seconded by Nelson and motion carried 3 to 2 to approve the request to allow the front wall (along Medicine Lake Rd.) with no articulation to allow for the construction of a new home. McCarty and Segelbaum voted no. MOVED by Segelbaum, seconded by McCarty and motion carried unanimously to approve the request for 4 ft. off the required 35 ft. to a distance of 31 ft. at its closest point to the front yard (south) property line to allow for the construction of a deck on a new home. Rath stated that he has a very unique lot. He stated that is the job of the Board to make these types of decisions, not to pass them on to the City Council to review them. He said with the decisions the Board just made they've basically said that he can't build his house this year. He reiterated that he has to start measuring his lot five feet underground because the Code says elevations have to be taken on both street sides. 117 Meadow Lane South (08-08-13) Wooden Dreams. Applicant Request: Waiver from Section 11.21, Subd.11(A)(3)(b) Side Yard Setback Requirements . 9.16 ft. off the required 15.5 ft. to a distance of 6.34 ft. at its closest point to the side yard (north) property line. Purpose: To allow for the construction of garage/home addition. Hogeboom referred to a survey of the property and stated that the applicant is proposing to enlarge the existing one-stall garage into a two-stall garage with living space above. He stated that the hardship noted by the applicant is the one-stall garage. He referred to the recent changes to the zoning code requirements and stated that the side yard setback requirement in this case is 15.5 feet. The applicant is proposing to build the addition to within 6.34 feet of the side yard (north) property line. McCarty asked what the height of the addition would be if measured to the fascia. Hogeboom said he didn't know and explained that if the proposed height were fifteen feet or less in height the side yard setback requirement would be 12.5 feet for this property. Sell asked how big the proposed new garage will be. Kisch noted that the proposed new garage will be 25 feet wide and 26 feet deep. Minutes of the Golden Valley Board of Zoning Appeals August 26,2008 Page 8 Howard Theis, Wooden Dreams, Contractor for the project, explained that there are stairs going into the garage and that is part of the reason they have to build further toward the front of the lot. Segelbaum asked the applicant if he has considered reducing the width of the proposed garage. Theis said no because the need room to get two cars and the stairs in the garage. Sell noted that the garage depth in effect would be 22 feet deep when considering the stairs. Theis agreed and added that there is also a grade change and a retaining wall on the right side of the garage. McCarty asked if the zoning code hadn't recently changed if the variance request would be for 6.16 feet off of the required 12.5 feet. Hogeboom said that is correct. Theis added that a typical two-stall garage is 24 feet wide. Kisch noted that the other homes/garages in the neighborhood seem to be approximately 14 feet away from the side yard property lines so this proposal is quite a bit closer to the property line than others in the area. Segelbaum agreed that 6 feet away from the property line is fairly close and that is why he was wondering if the width of the proposed addition could be made smaller. McCarty asked the applicant if he would agree to build a 24-foot wide addition instead of the proposed 25-foot wide addition. Theis stated that he thought a 24-foot wide garage would still be functional. Kisch stated that given the location of the existing house he thinks this proposal is respectful of the neighboring properties. He noted that the stairwell is causing the addition to jog and to have two garage doors therefore requiring slightly more width. Dennis Dahlman, Homeowner, stated that he spoke with the neighbor to the north who would be the most impacted by this addition and she is ok with it. Nelson stated that in this neighborhood a 2-car garage is appropriate and will improve the value of the property. MOVED by Kisch, seconded by Segelbaum and motion carried unanimously to approve a variance for 8.16 ft. off the required 15.5 ft. to a distance of 7.34 ft. at its closest point to the side yard (north) property line to allow for the construction of garage/home addition. III. Other Business No other business was discussed. IV. Adjournment The meeting was adjourned at 8:40 pm Mike Sell, Chair Joe Hogeboom, Staff Liaison GOLDEN VALLEY ENVIRONMENTAL COMMISSION Regular Meeting Minutes July 28, 2008 Present: Commissioners Baker, Chandlee, Hill, Pawluk and Stremel. Also present were Jeannine Clancy, Public Works Director; AI Lundstrom, Environmental Coordinator; and Lisa Nesbitt, Administrative Assistant. Absent: Commissioners Anderson and St. Clair 1. Call to Order Pawluk called the meeting to order at 7:05 pm. Introduction of New Commissioner Jim Stremel Pawluk introduced new Commission member Jim Stremel. He has been a resident of Golden Valley for three and a half years. He lives on St. Croix Ave with his wife. He is a. Civil Engineer for a small consulting firm. He handles mostly development work. 2. Approval of Joint Meeting Minutes - June 23. 2008 MOVED by Hill, seconded by Chandlee, and the motion carried unanimously to approve the minutes of the June 23, 2008 joint meeting. 3. Approval of Regular Meeting Minutes - June 23. 2008 MOVED by Chand lee, seconded by Hill, and the motion carried unanimously to approve the minutes of the June 23, 2008 regular meeting. 4. Mavor's Climate Protection Agreement Four goals were identified as a means of addressing the MCPA which will 1. Measurement - Staff will provide base numbers for fuel usage, Kwh usage in public buildings and Btu's for heating. 2. Education articles - Chand lee will draft the first article for CityNews. Staff will provide deadlines for publications. 3. Develop materials for developers regarding environmentally friendly development - Baker will research. Staff will give him copies of current materials. 4. Education Forum - Pawluk 5. Program/Proiect Updates TMDL - Lundstrom reported that this has been a better year for data collection. SEH has materials on their website regarding Sweeney Lake. III - Clancy reviewed latest III report. There is a high participation rate in the PMP areas. Point of Sale is busy. There are a total of 1,125 compliant properties. Private Development Updates - Applewood Point is going to the Planning Commission soon with a proposal for a Senior Housing and Assisted Living complex. Minutes of the Environmental Commission July 28, 2008 Page 2 of 2 Teachers Federal Credit Union has submitted a purchase agreement on the Amstar gas station on the corner of Hwy. 55 and Boone. 7. Commission Member Council Reports None. 8. Other Business None 9. Adiourn MOVED by Baker, seconded by Chandlee, and the motion carried to adjourn. The meeting was adjourned at 8:34 pm. The next scheduled meeting will be on August 25, 2008 at 7:00 pm. alley OPEN SPACE & RECREATION COMMISSION Meeting Minutes Brookview Community Center Monday, July 28, 2008 5:45 PM I. CALL TO ORDER Sandler called the meeting to order at 5:45 p.m. II. ROLL CALL Present: Roger Bergman, Ken Graves, Jim Johnson, Kelly Kuebelbeck, Jerry Sandler, Jim Vaughan, Rick Jacobson, Director of Parks and Recreation; Bert Tracy, Public Works Maintenance Manager; and Sheila Van Sloun, Parks and Recreation Administrative Assistant. Absent: Bob Mattison and Anne Saffert. III. AGENDA CHANGES OR ADDITIONS None made. IV. APPROVAL OF MINUTES - June 23, 2008 MOTION: Moved by Kuebelbeck and seconded by Bergman to approve the June 23rd meeting minutes. Motion carried unanimously. V. PARK AND OPEN SPACE TOUR The Open Space and Recreation Commission visited the following parks and open space areas: General Mills Nature Preserve, Golden Oaks Park, Lakeview Park, Golden Ridge Nature Area, General Mills Research Nature Area, Medley Park, Wesley Park, Hampshire Park, Wildwood Park/Olson School, Pennsylvania Woods, Honeywell Little League Area, Sandburg Ball fields, St. Croix Park/Bassett Creek Trail, Scheid Park, Adeline Lane Nature Area, Schaper Park, Natchez Park, Davis Community Center, Lions Park, Western Avenue Marsh and Brookview Park. VI. Request for winter maintenance of trails at General Mills Nature Preserve and James Ford Bell Technical Center The Commission was briefed on the request from the Council for the Commission to consider the request from General Mills for winter maintenance of trails at the General Mills Nature Preserve and the James Ford BellTechnical Center. Tracy Minutes of the Golden Valley Open Space and Recreation Commission July 28, 2008 Page 2 reviewed with the Commission the current winter sidewalk/trail maintenance priorities. After Commission discussion, the following motion was introduced. MOTION: In the spirit of Fit City and to encourage trail use, the Commission feels that outdoor activities are a high priority. However, they also realize the city has limited resources and therefore cannot honor all requests for additional maintenance, and to communicate with General Mills regarding winter trail maintenance. Moved by Johnson and seconded by Kuebelbeck. Motion carried unanimously. VII. BROOKVIEW COMMUNITY CENTER STUDY Jacobson gave details on the possible renovations to Brookview Community Center. He also explained that a committee may be formed to review options for the potential community center. Bergman volunteered to participate on the committee. VIII. ADJOURNMENT MOTION: Moved by Bergman and seconded by Vaughan to adjourn at 8:00 p.m. Motion carried unanimously. Envision Connection Project Board of Directors Meeting Minutes August 21,2008 Present: Sharon Glover, Jim Heidelberg, Helene Johnson, Linda Loomis, Philip Lund, Dean Penk, Marshall Tanick, and Blair Tremere Absent: Luke Weisberg (GVCEF Representative) Staff: Jeanne Andre The meeting began at 7: 15 pm in the Council Conference Room. Approval of Minutes Tremere/Penk moved to approve the minutes of July 17, 2008, as presented. Motion carried. Golden Valley Connects Outreach. Ice Cream Social - Blair Tremere and Marshall Tanick solicited $625 in donations, which exceeds the expenditures for the 2008 event and will be carried over to 2009. Contributors include WSB, Best & Flanagan, Mansfield, Tanick and Cohen, Lupient and individual Connection Project Board Members. Attendance was higher and more ice cream was eaten. Tweaks to the 2007 arrangements improved the process this year. The group supports continuing the Ice Cream Social in 2009 and did a wrap up evaluation to guide future planning. Speaker in a Box - It was agreed that this working group will build on the power point prepared for the League of Minnesota Cities Conference and will resume work in the fall. Bridge Building Activities Quarterlv Meetings - The Summer Quarterly Meeting at Eloise Butler Wildflower Garden went well, though most of the Bridge Builders attending were Board Members. Guests in attendance might be future Bridge Builders. It was suggested that more Bridge Builders could be recruited at the Lilac Planting Event and the group should consider organizing another Bridge Builder training. Marshall Tanick has been working with the Viking Council Boy Scout Headquarters to host the Fall Quarterly Meeting. The Boy Scouts prefer an evening session but may be willing to open on a Saturday to host the group. Marshall will continue discussions with a proposed event in late October or early November. Back up locations discussed include PRISM and the Humane Society. Arrangements will be finalized at the next meeting. Lilac Planting - This project is well underway. It is estimated that 40-45 people have volunteered at this time. Work groups are planning training for team leaders, doing publicity, and planning a registration center to welcome and direct volunteers. Donations are being solicited for a celebration for participants when the planting is done. Blair Tremere is working on food donations and noted that General Mills has been very receptive and may be able to provide food and encourage its employees to volunteer. The group determined that it should staff a table to provide information to volunteers about Bridge Building and encourage other initiatives. KARE 11 has expressed an interest in covering this event. One volunteer photographer is on board and others are being solicited. Envision Connection Project Board of Directors Meeting Minutes August 21,2008 - Page 2 Olympia Street Gathering - Philip Lund reported that he and Sharon Glover attended a neighborhood meeting at a home on Olympia that was attended by about 60 other people from the neighborhood. The event was hosted by residents of a group home for recovering drug users who want to interact with the neighbors and quell concerns about their presence. He thought it was a very positive neighborhood-building event. Joint Fundraising with GVCEF - Dean Penk reported that GVCEF would like to pursue a memorandum of understanding and partnership agreement with the Connection Project Board to collaborate on the 501 (c)3 Board of Directors and joint funding under its auspices to raise funds for the Festival and Connection Project Activities. Dean reported that Luke Weisberg suggested that the Connection Project Executive Board should identify in advance the type of projects they would like to fund. Some events activities (Ice Cream Social, Buckthorn Bust and Paint-A- Thon were identified at the start of discussions, but capital projects such as the performance center, a community billboard or a dog park could be added. It was determined that the subgroup working on this issue would prepare documents in advance of the September 18 meeting for further discussion. Sharon Glover shared information about fundraising and explained the difference between being a fiscal agent for a community group versus that group operating as a program under the auspices of the parent organization. Since the rights and responsibilities under each approach are different, she recommended that the Board seek clarity on these issues from the onset. She also explained that the Downtown Main Library can assist groups by doing Com Searches to identify pertinent foundations and grant opportunities that fund specified projects or programs. Dean noted that he anticipates that the current GVCEF Board would be significantly expanded under the proposed model, and both the Festival and Bridge Builders would be programs under the broader umbrella. These issues will be discussed at the next meeting. The issue of the proposed performance venue was discussed. Various groups are suggesting different approaches ranging from a citizens group providing education and leadership for a community referendum to a separate capital campaign or a community- based in-kind design-build project. Community Awards The group would like to move forward with discussion of a community award, while still searching for a catchy title. Helene Johnson agreed to present the draft proposal to the Council. The group tentatively decided to talk to the Council at its October 13 Council/Manager Meeting. Future Meetings The next meeting is September 18. The meeting ended at 8:45 pm. Jeanne Andre Assistant City Manager hlley Moran m Public Works 763-593-8030 I 763-593-3988 (fax) Executive Summary For Action Golden Valley City Council Meeting October 7, 2008 Agenda Item 3. E. 1. Award Contract for the Five (5) Signal Systems Revisions (Pedestrian Signal/Push Button Modification) Project 08-20 Prepared By Jeannine Clancy, Director of Public Works Ron Nims, Public Works Project Coordinator Summary Bids for the Five (5) Signal Systems Revisions (Pedestrian Signal/Push Button Modification), Project No. 08-20, were opened on September 29,2008. The following bids were received: Engineer's Estimate $29,525.00 $33,047.00 $38,850.50 $35,450.00 Electrical Installation & Maintenance, Inc. Killmer Electric, Inc. Eagan Company The project provides for modifying the existing traffic signals to install countdown pedestrian indications at the following locations: . Duluth Street (CSAH 66) at TH 100 West Frontage Road . Duluth Street (CSAH 66) at TH 100 West ExiUEntrance Ramps . Duluth Street (CSAH 66) at TH 100 East ExiUEntrance Ramps . Duluth Street (CSAH 66) at Noble Avenue . Duluth Street (CSAH 66) at Hidden Lakes Parkway The City's 2008-2012 Capital Improvement Program, page 103, includes $45,000 for this project. Attachments Location Map (1 page) Recommended Action Motion to award a contract for modification of the Five (5) Signal Systems Revisions (Pedestrian Signal/Push Button Modifications) Project 08-20 to the lowest responsible bidder, Electrical Installation and Maintenance, Inc. in the amount of $29,525.00. lSk L 1/1 1 ill I -Ii.- =( ~ '":1 -J:!. iil.- ~~ - h- r-- ----J, I I- ~/ ~ 17 / I ~ NErflKr~ A FF:-~ /~ ~. .~ I 1 ~~. ~l ~~~ ~ I I I _ =r- r:= ~.' r;: )..'-S. /"'0..... Nil: . -.C L ~ r '\. ).. "- '<:. ~ -r- ~ 1.a:l V Q!:,...-. ~~ ~ Yi;~ ~ ~Rl f ~-~ ~- -~ ~j~;f- ~~ ~B~", C) ~ 0 r" jlJr..HO ~ ~ -'--I' mIl \ - - J..--- ~" - ----1 (jE>~ ~ ; =~ ~= := · I ~~1l~~ ~ \~ ;~ \_-~. 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Q ~ , L .' ~ 1 '1< -j~ll \ z '~J. ~ U ~ t==.: ~"~~I=~ ~ J \\ \ \l"" ,~ ~ ~~ := ~= -]= ~ ~ fi#ffrIift ~~m"~'-" .' / I: I ~ ~l---~ ;j P! ) / \ I I ?i--l' ~ .' I ,. . J Five (5) Signal Systems Revisions Print Date: 10/01/08 N Sources: A (Pedestrian Signal/ Hennepin County Surveyors Office for Property Lines (2008). Push Button Modification) City of Golden Vaffey for aff other layers. Project 08.20 Not to Scale - - - - Rl) "NE' I+-~~ "-<tiE(CO~ - r i-- m-, [f- l> ~_ m ~t t~- I~J:.. ",.,.---.. ~ ! . . 1/1 li"tlJ, I~' ~~lley I II SEp 3, 9 2008 September 22, 2008 Mayor Linda Loomis Golden valley City Hall 7800 Golden valley Rd Golden valley, MN. 55427 Dear Mayor Loomis, I know what I say may fall on deaf ears but I want to express my opinion. I was unable to attend the City council public hearin9 on approval for united properties to build "Applewood POlnte", because of a medical problem. I did, however, watch the whole procedure on T.V. I object to many features of this development. It was obvious to me and many I have talked with that the meeting was held to merely comply with the requirement for an open meetin9. It was not held to review and evaluate the facts. Your mlnds were already made up. councilman shaffer protests too loudly that it is not a "done deal" when he fully knows it is. united properties are not stupid. They aren't going to buy up 6ptions on all of this property unless they are sure of getting approval. I also disapprove of their getting tax increment financing. Some council members seem to have a distorted vision of what is good for Golden valley and what the people want. Mark Grimes gave a long dissertation on how the corner of Golden valley Rd. and Douglas Dr. should have been rezoned from a R-2 & R-3 to a R-4 in 1999 but by some error it wasn't. So now you conveniently change it to a R-4 to accommodate Applewood's 4 Yz story 54 ft. buildings. He can quote records to account for this but how do we know his justification is accurate. I am sure United properties may build well designed, nice appearing buildings but their beauty will be on the inside of the compound. We will be looking at the outside complex wall supposedly set 40 ft. from the curb. It is too big for a 4.7 acre site. My biggest objection is increased traffic and only one access/exit off of Golden valley Rd. Mark Grimes states that the county objects to an access on Douglas Drive but I doubt this. There are. plenty of other exits on Douglas including the villa. Applewood pointe's access will be next to .. the rai 1 road bri dge whi ch does have an i mpai red vi ew because of the bridge supports. Feasibly this could cause accidents. . The city's traffic expert estimates this will only increase the number of cars by 365 a day. when you consider a 74 unit senior High Rise building and also 95 Assisted Living units, you are talking about a large number of employees, delivery and repair trucks entering and leaving. The seniors have cars to drive daily and considering visitors for so many patients in Assisted Living, as well as emergency ambulance vehicles, I believe the expert is greatly underestimating the increase in traffic. This is further compounded with only a Golden valley Rd. access/exit receiving all this traffic. Can you imagine the backup congestion of cars in that whole area? In addition, semi trucks heavily use this road. There is room for a Douglas Dr. access between the two buildings so it could have another outlet. The Fire and Police Depts. state that safety is not an issue. It would be sad if a fire started and emergency vehicles could not maneuver because of the 90 space parking lot being full. Because of the determination of the Councll to approve, staff people are hesitant to object. why is the council so determined to have that corner developed making an impact on what is basically a single family neighborhood? There are many other possible sltes. There is a large area of deserted commercial buildings near Laurel and Turners Crossroad. There is the site where Homestead Restaurant was on Douglas and Highway 55 and there is the site at the SE corner of Highway 55 and winnetka. The latter was once seriously consldered about six years ago. It would have been appropriate because people could walk to shopping and restaurants. For some unknown reason, this was shot down probably by more influential opponents. Mark Grimes paints an appraisal that the Golden valley baby boomers are aging, want to sell their houses and move into senior Living unlts in Golden valley. This is a pipe dream and he has no statistics to back up this theory. other senior High Rises such as calvary, Country villa, sunrise, The Heathers and Covenant village are all having problems with vacancies. We get frequent invitations to dinners and luncheons they are having to promote selling their units. One of the speakers, Jane shannon, a board member from calvary, gave an impassioned plea not to build Applewood because they are having serious problems selling their units. when an individual or estate needs to sell a unit, they have to continue to pay the maintenance fee which is expensive. It really hurts them when they can't sell their units. In view of all of these obvious issues, why is the council so set on the "Applewood" development? What do you have to gain? only two council members, Mike Freiberg and De De Scanlon, even ask appropriate questions and understand the community's objections. Naturally, united properties wants to build. This is their business but it's not yours. There is such an excess of closely adjacent senior, Assisted Living and Nursing Homes available, why pursue a vision that is so nebulous? why change an area of Single Family Living when there are other areas which would have less impact? why not keep Golden valley a great place for Family Living? The corner may need revitalization but at best the space can only accommodate one building. Sincerely, ~~~ Alden v. Halloran 5735 Golden valley Rd Golden valley, MN. 55422 alley Me urn Finance 763-593-8013/763-593-3969 (fax) Executive Summary For Action Golden Valley City Council Meeting October 7, 2008 Agenda Item 3. G. Approval of Appointment of Election Judges for State General Election Prepared By Sue Virnig, Finance Director Edie Ernst, Accounts Receivable/Elections Assistant Summary As required in State Statute 2048.21, the Council needs to approve the appointment of the Election Judges for the upcoming General Election. Attached is the list of judges and the precincts they will be working at on election day. Attachments Resolution Approving the Appointment of Election Judges for the State General Election to be Held on November 4,2008 (4 pages) Recommended Action Motion to adopt the Resolution Approving the Appointment of Election Judges for the State General Election to be Held on November 4,2008. Resolution 08-40 October 7, 2008 Member introduced the following resolution and moved its adoption: RESOLUTION APPROVING THE APPOINTMENT OF ELECTION JUDGES FOR THE STATE PRIMARY ELECTION TO BE HELD ON NOVEMBER 4,2008 BE IT RESOLVED, by the City Council of the City of Golden Valley, that the persons herein named are appointed judges and alternates for the State Primary Election to be held on November 4,2008. The judges appointed, precinct and voting places wherein they shall serve and the hours are as follows: Polls shall be open from 7:00 a.m. until 8:00 p.m. Election judges shall work from 6:00 a.m. until votes are counted. 2008 STATE GENERAL ELECTION JUDGES Precinct #1 - N. E. Fire Station - 3700 Golden Vallev Road Marie Tiffin, Captain Andra Barnard Roger Bergman Janet Berkseth Karen Haan Donovan Juliar Janet Olfe Janet Pagenhopf Barbara Schultz Jacquelyn Smith Precinct #2 - Valley Presbyterian Church - 3100 North Lilac Drive Janice Johnson, Captain Karen Boehne Sheila Coy Betty Hill Lloyd Fortman Christy Lueck Sally Netzinger Frank Neubecker Peter Palmquist Theodore Rausch Yvonne Rausch Lois Richter Janet Schmidt Patricia Tomko Ruby Van Horn Jacqueline Wells Resolution 08-40 ., Continued October 7, 2008 Precinct #3 - Meadowbrook School - 5430 Glenwood Avenue Cynthia Hasselbusch, Captain Mary Anderson Gary Cohen James Dommel Dale Gerdin Marilyn Kilner Pat Magnuson Shirley Obern Linda Romeo Marie Rossman Penny Tesarek Betty Vaughn Precinct #4 - LOGIS - 5750 Duluth Street Barbra Juliar, Captain JoAn Burkholder John Burkholder Rusty Cowan Arlene Dietz Teresa George Barbara Held Lucille Keltgen Tom Moore Kay Myers Margaret Nelson Gerald Savage Linda Smith Precinct #5 - S.E. Fire Station - 400 Turners Crossroad South Elizabeth Kamman, Captain Eleanor Blatt LouAnn Bongard John Livingston Joan Monson James Murphy Artice Silverman Dean Smith Sylvia Thompson Resolution 08-40 - Continued October 7, 2008 Precinct #6 - Golden Valley City Hall - 7800 Golden Valley Road Pat Moore, Captain Ann Cole Barbara Courey Therese Fox Lauren Freiberg MaryAnn Gavigan Nancy Ipsen Dwayne King Carol McKillips Bruce Osvold Donna Robinson Delphine Sunderland Precinct #7 - Christian Life Center - 8025 Medicine Lake Road Gwendolyn Jorgens, Captain Tracy Anderson Jack Cole Don Coy Daniel Decker Roger Hackbart Constance Hietala Mary Hill Maria Johnson James Kempfert Dianne Osvold Lois Palmquist Janet Plager Glennys Sell Marjorie Stresemann Barbara Tollefson Barbara Van Heel Precinct #8 - Brookview Community Center - 200 Brookview Parkway Shirley Jones, Captain Robert Brevig Mary Gaffney Pierre Girard Suzanne Herberg Sally Manzano Jerome Monson Marcie Schlaeger Mike Sell Phillip Tenenbaum Inez Weist Resolution 08-40 - Continued October 7,2008 Alternates Barbara Hanovich MaryAnn Christenson Mary Abbey Paula Longendyke Milton Goldstein Louis Christenson Cheryl Dando Delores Oehler David Johnson Jean Crump Maxine Heinitz John Burkholder Cindy Moy Byron Undlin Diane Hoffstedt Gordon Sandbaken Randall Lundell Harold Whitfield Linda R. Loomis, Mayor ATTEST: Susan M. Virnig, City Clerk The motion for the adoption of the foregoing resolution was seconded by Member and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted, signed by the Mayor and her signature attested by the City Clerk. Hey Me ra u Finance 763-593-8013/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting October 7, 2008 Agenda Item 3. H. Call for Administrative Hearing - Repeat Nuisance Service Call Fee - 2417 Parkview Boulevard - 10/14108 Prepared By Susan Virnig, Finance Director/City Clerk Stacy Altonen, Police Chief Summary At their meeting of October 7 the City Council should call for an administrative hearing for the appeal of a repeat nuisance service call fee at 2417 Parkview Boulevard for October 14, 2008 at 6 pm. City Code Section 10.85, Subdivision 6, outlines the procedure for appeal of the service call fee. The property owner has requested an administrative hearing and a letter has been sent to the property owner regarding the hearing. Attachments Letter to property owner for the Administrative Hearing on October 14 at 6 pm (1 page) Recommended Action Motion to call for an Administrative Hearing on an appeal of the Repeat Nuisance Service Call Fee for 2417 Parkview Boulevard on October 14,2008 at 6 pm. _Wd.go/~_vJl~ Y September 17, 2008 Ms. Suzanne Pierson 2417 Parkview Boulevard Golden Valley, MN 55422 Dear Ms. Pierson: As outlined in City Code Section 10.85, Subdivision 6, Right to Appeal Repeat Nuisance Service Call Fee, you have requested a hearing before the City Council regarding a nuisance violation at 2417 Parkview Boulevard. The administrative hearing date has been scheduled for Tuesday, October 14, 2008 at 6 pm. The meeting will be held in the Council Chambers at City Hall, 7800 Golden Valley Road. You are invited to. attend and present your witnesses and evidence to the Council at this time. For your information I have enclosed a copy of City Code Section 10.85 for your reference. Sincerely, Sue Virnig City Clerk Enclosure I alley Me randu Finance 763-593-8013/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting October 7, 2008 Agenda Item 3. I. Call for Administrative Hearing - Appeal of Administrative Citation - Residential Property Maintenance Code - 1617 Xerxes Avenue North - 10/21/08 Prepared By Susan Virnig, Finance Director/City Clerk Mark Kuhnly, Chief of Fire and Inspections Services Summary At their meeting of October 7 the City Council should call for an administrative hearing for the appeal of a administrative citation of the Residential Property Maintenance Code at 1617 Xerxes Avenue North for October 21,2008 at 6 pm. City Code Section 4.60, Subdivision 12, outlines the procedure for appeal of the Residential Property Maintenance Code. The property owner has requested an administrative hearing and a letter has been sent to the property owner regarding the hearing. Attachments Letter to property owner for the Administrative Hearing on October 21 at 6 pm (1 page) Recommended Action Motion to call for an Administrative Hearing on an appeal of the Residential Property Maintenance Code for 1617 Xerxes Avenue North on October 21,2008 at 6 pm. _w'cigOM'n_vJl~ Y September 17, 2008 Ms. Minnie Steele 1617 Xerxes Avenue North Golden Valley, MN 55411 Dear Ms. Steele: As outlined in City Code Section 4.60, Subdivision 12, Right to Appeal the Administrative Citation, you have requested a hearing before the City Council regarding a compliance order at 1617 Xerxes Avenue North. The administrative hearing date has been scheduled for Tuesday, October 21,2008 at 6 pm. The meeting will be held in the Council Chambers at City Hall, 7800 Golden Valley Road. You are invited to attend and present your witnesses and evidence to the Council at this time. For your information I have enclosed a copy of City Code Section 4.60 for your reference. Sincerely, Sue Virnig City Clerk Enclosure CITY OF GOLDEN VALLEY PROCLAMATION FOR MINNESOTA MANUFACTURER'S WEEK October 20 - October 24, 2008 WHEREAS, the manufacturing industry is a dynamic part of Minnesota's economy, and promotion of this sector's strength, success and high quality of life is an integral part of Minnesota's economic development strategy; and WHEREAS, manufacturing provides high skill, high wage jobs which significantly contribute to Minnesota's high standard of living and economic vitality; and WHEREAS, manufacturing has the largest total payroll of any business sector in Minnesota, providing 17.9 billion in 2007 wages; and WHEREAS, manufacturing produces $33.9 billion for the state economy and is the largest share, 13.3 percent of our gross domestic product; and WHEREAS, manufactured exports brought over $16.2 billion into the Minnesota economy in 2007. NOW, THEREFORE, I, Linda R. Loomis, Mayor of Golden Valley, Minnesota, do hereby proclaim that, the week of October 20 - October 24,2008 shall be observed as MINNESOTA MANUFACTURER'S WEEK in the City of Golden Valley, Minnesota. IN WITNESS WHEREOF, I have hereunto set my hand and caused the great seal of the City of Golden Valley to be affixed this 7th day of October, 2008. Linda R. Loomis, Mayor Public JI~y Mem ra du Police Department 763-593-8079 I 763-593-8098 (fax) Executive Summary For Action Golden Valley City Council Meeting October 7, 2008 Agenda Item 3. K. Authorization to Sign Agreement with North Suburban Towing for Vehicle Impound Prepared By Mike Meehan, Operations Commander Summary The Police Department requests that the City Council authorize an extension of the vehicle impound contract with North Suburban Towing. The current contract is a three year extension of an agreement that was originally negotiated as the result of competitive bidding, and signed on November 15, 1985. The City Attorney rendered an opinion on September 12, 1988, that indicated that state law does not mandate that this particular service be bid competitively. This company has provided very timely customer service to our patrol division by clearing the roadways in the city of vehicles involved in traffic crashes and arrests, to make them safer for the driving public. The rates as quoted in the contract are the same for the previous three year extension; there is no rate increase. The rates listed are the same as in agreements with the Cities of Brooklyn Center, Crystal, New Hope, Robbinsdale, and with the Minnesota State Patrol. Staff recommends the Council authorize renewal of the contract. Recommended Action Motion to authorize the Mayor and City Manager to sign the agreement with North Suburban Towing, Inc., for car impound services from November 15, 2008 to November 15, 20011. alley emoran Public Works 763.-593-8030 I 763-593-3988 (fax) Executive Summary For Action Golden Valley City Council Meeting October 7, 2008 Agenda Item 3. L. Receive and File Statement Regarding Asphalt Driveway Patch Installations from William Anderl, 4911 33rd Avenue North, at the September 16, 2008 Council Meeting Prepared By Jeannine Clancy, Director of Public Works Jeff Oliver, PE, City Engineer Summary During the Open Forum portion of the September 16, 2008 City Council meeting, Mr. William Anderl, 4911 33rd Avenue North, made comments relating to the asphalt driveway patches installed as part of the City's Pavement Management projects. Staff has prepared a response to Mr. Anderl's comments. Attachments Statement from William Anderl from September 16,2008 Council meeting (2 pages) Memorandum dated October 2, 2008, from Jeff Oliver, City Engineer, to Mayor Loomis and City Council and City Manager (10 pages) Photos (18 pages, loose in agenda packet) Recommended Action Motion to receive and file summary of William Anderl's comments from the Open Forum at the September 16, 2008 City Council meeting and direct staff to mail the Public Works Department response to Mr. Ander!. .. Statement Made to Golden Valley City Council on Sept. 16. 2008 Regarding Staff Policies/Procedures on Asphalt "Driveway Patch" Installations . A 5 ft. section of asphalt was installed in my all concrete driveway, despite my objection and without adequate inspection. Six major deficiencies of this wor~ were identified to you in my letter of August 27th. I requested that this inadequate "patch" be removed and reinstalled following the Asphalt Institute's Model Specifications for Small Paving Jobs, CL-2. 1- Subgrade was not properly graded and compacted before the installation of the asphalt mixture. 2 - Full-depth asphalt pavements for residential driveways should be a minimum of 4-inches compacted thickness on a properly prepared subgrade. The driveway patch does not average 2-inches in compacted thickness. 3 - Compaction of the subgrade was not done with a roller and no testing was done prior to the placement of the asphalt concrete. 4 - Hand placement of the asphalt mixture should include the placement of forms at the edge of the driveway. No such forms were used. 5 - Inspection of the driveway patch job was inadequate. At the completion of the installation, one inspector walked to west side of the patch and placed the sole of his boot on the asphalt. A few days later two inspectors drove up and one measured the width of the patch. 6 - The surface of the asphalt concrete driveway patch appears to have excessive course material exposed, indicating a mix that does not meet the specification for asphalt content. .. . After being invited to attend last week's Council/Managers meeting and learning that the public would not be able to participate in the meeting, I elected to decline the invitation and speak to you at Open Forum tonight. I have talked to several neighbors who are also dissatisfied with the asphalt work that was performed on their driveways. I have also walked along streets that have "driveway patches" that were installed within the past few years and have observed significant failures due in part to the city's failure to insure good design specifications, proper constriJction and field inspection during the construction. List of Failed Driveway "Patches" Observed due to visible cracks or settling) House no. on Orchard Ave. No. 2946 2913 2945 2912 2941 3240 2940 3260 2936 2925 Council Action Requested: House no. on Lowry Terrace 4965 4720 House no. on Noble Ave. No. 2945 3115 3125 1) Conduct follow-up interviews with residents regarding these driveway failures and determine what actions are needed to correct them. Insure resolution of all problems reported. 2) Ongoing deficiencies in the pavement program should be eliminated by using the Asphalt Industries model specifications and improvements in the city's inspection procedures. 3) Revise and effectively communicate all aspects of the driveway "patch" pOlicy/procedure in writing before the driveway materials are replaced. William H. Anderl, P.E. 4911-33rd Ave. No. alley M morandu Public Works 763.593.8030 I 763.593.3988 (fax) Date: October 2,2008 To: Mayor Loomis and City Council Tom Burt, City Manager From: Jeff Oliver, PE, City Enginee~ Through: Jeannine Clancy, Director of Public Works Subject: Response to William Anderl, 4911 33rd Avenue North September 16,2008 City Council Open Forum As requested by the City Council, staff has prepared a response to the comments made by Mr. William Anderl, 4911 33rd Avenue North, during the Open Forum at the September 16, 2008 City Council Meeting. Mr. Anderl's comments were directed at the asphalt patch specifications for driveways in the City's Pavement Management Projects. Many of Mr. Anderl's comments were addressed in a September 4, 2008 memorandum prepared by the Public Works Department, a copy of which is attached for reference. In addition, Mr. Anderl identified 15 driveway patches from the 1998 PMP project on portions of Orchard Avenue, Lowry Terrace and the Noble Avenue Frontage Road, all located near the current 2008 PMP project. Staff has inspected all 15 of the driveways that Mr. Anderl has identified as failed driveway patches. All of the patches on the driveways identified exhibit distresses consistent with a 10-year old asphalt pavement. (Photocopies of the subject driveways are loose in the agenda packet for reference.) Several of the driveways have transverse cracking, caused by temperature fluctuations, which are expected in all asphalt pavements. However, several of the driveways did not have any transverse cracking present. Minor settlements are also present on several of the driveways. In general, the settlements were immediately adjacent to the driveway aprons, or within a well-defined wheel path into to the driveway. However, the settlements observed were within the expectations for a flexible asphalt pavement that is 10 years old. Cracks from tree roots were observed in several of the subject driveways. G:\PROJECTS\2008 PMP (08-1)\Corres 2008-09 PMP Project No. 08-1\AnderJ Comment Response 091608.doc One driveway exhibited moderate edge cracking. However, there was similar edge cracking along the same driveway edge on the pavement that was present prior to reconstruction. Based upon the cracking patterns, and the absence of cracking on. the rest of the driveway patch, it appears that the edge cracking may be a result of groundwater weakening the driveway subgrade. One of the driveways has transverse cracking present, along with an isolated area of alligator cracking, along the north driveway edge. Based upon the location ofthe alligator cracking, including the presence of significant load related alligator cracking on the pavement existing prior to reconstruction, it appears thatthis cracking is load. related. It should also be noted that this driveway is within a portion of the 1998 PMP where a pond was filled at the time of the development approximately 70 years ago, and significant groundwater issues are present. It should also be noted that the overall driveway patch is in fair condition, and is in substantially better condition thatthe rest of the driveway. Overall, the driveway patches identified as "failed" by Mr. Anderl are in good condition, and exhibit pavement defects that are well within the expectations of a 10-year old asphalt pavement. In a significant number of these cases, the driveway patch installed by the City is in much better condition than the pavement present at the time of reconstruction. Finally, many of these driveway patches should have maintenance such as sealing performed in order to extend the life of the asphalt pavement. This routine maintenance is the responsibility of the property owner. Based upon the inspection of these driveways, it is the opinion of the Public Works Department that there would be no significant benefit to the City of Golden Valley in modifying its construction standards to include a 4-inch thick asphalt driveway pavement. The 3-inch thick asphalt patch that is currently being used, and has been used for at least the last 20 years, is performing as expected. nlley Memorandum Public Works 763.593.8030 I 763.593.3988 (fax) Date: September 4, 2008 To: Jeannine Clancy, Director of Public Works Jeff Oliver, City Engineer From: Ron Nims, Public Works Project Coordinator Brian Dahlberg, Engineering Technician Subject: Driveway Restoration at 4911 33rd Avenue North In all City projects, staff observes all facets of the construction for compliance with the project specifications. The base specifications which govern the work are the Standard Specifications for Construction prepared by the Minnesota Department of Transportation (MnDOT), 2005 edition. These specifications are supplemented by the City's Special Provisions for specific requirements that are modified by the City, under the direction of the City Engineer or the consulting engineer, to improve the quality of the work. Although the Asphalt Institute procedures and suggestions, as quoted by Mr. Anderl,are used in the development of project requirements, they are not the specifications or contract documents under which the project is governed. It should also be noted that the City's requirement/policy for replacements is to restore the existing facilities to an "equal or better" condition as present before the project. The attached photos represent the before and after condition of Mr. Anderl's driveway patch. In response to specific comments from Mr. Anderl's letter to the Golden Valley City Council dated August 27, 2008, staff has the following comments: 1. Subgrade was not properly graded and compacted before the installation of the asphalt mixture. Staff and City representatives were present during the compaction of the aggregate base placed under the current asphalt patch. Driveways are compacted in accordance with MnDOT's "Quality Compaction Method" which states that the soil must be compacted until there is no evidence of further consolidation. This was the case with Mr. Anderl's driveway patch. The grade was established between the existing concrete placed by Mr. Anderl's contractor and the apron placed by the City's contractor, a space of approximately 5 feet to 6 feet wide. There is a +/-0.05 foot (approximately G:\PROJECTS\2008 PMP (08-1)\Corres 2008-09 PMP Project No. 08-1\Anderl Memo 9-4-08_revised.docx 5/8 inch) tolerance on a gravel surface being prepared for placement of an asphalt course. The requirement was met by the contractor. 2. Full-depth asphalt pavements for residential driveways should be a minimum of 4- inches compacted thickness on a properly preparedsubgrade. The driveway patch does not average 2-inches in compacted thickness. Pavement thickness is designed using the strength of the subgrade, traffic volumes and the design load on the pavement. The local streets in Mr. Anderl's neighborhood were designed for 7-ton loads over silty sand/silty clay soils with traffic volumes between 400. to 1,000 Average Daily Traffic (ADT). These same streets have a total of 4.5 inches of asphalt. The City's current standard (and has been for at least 20 years) is to replace asphalt driveway pavements with a minimum of 3 inches compacted thickness (tolerance = +/- % inch). Where existing pavements are thicker than 3 inches, the City replaces the asphalt to the thicker section. This standard has shown very good results and is typically thicker than what is provided by most private contractors on residential driveways. Three inches of asphalt is more than adequate to handle the use as a residential driveway pavement and more than meets the "equal to or better" requirement. Again, staff was present to review the placement of the asphalt and the thickness was within the requirements. 3. Compaction of the subgrade was not done with a roller and no testing was done prior to the placement of the asphalt concrete. It is true that a roller was not used to compact the aggregate below the asphalt patch. Placing a roller on the new concrete that was placed previously could damage/chip the concrete edge. It is not feasible to use a roller on the small, confined space (approximately 5 feet to 6 feet) between the new concrete slabs that were placed previously. Instead, the appropriate tool for consolidating the soil was a walk behind plate tamper, which was used on Mr. Anderl's patch. Although this method typically achieves the desired compaction, should the driveway settle, the City warrants the work for a period of one year. Typically, any deficiencies will manifest themselves during the warranty period and the City will to have the contractor make replacements as necessary. 4. Hand placement of the asphalt mixture should include the placement offorms at the edge of the driveway. No such forms were used. The Asphalt Institute's literature provided with Mr. Anderl'sletter, does state that forms should be used in the construction of residential driveway pavements. However, it is hardly the industry standard. Staff cannot recollect G:\PROJECTS\2008 PMP (08-1)\Corres 2008-09 PMP Project No. 08-1\Anderl Memo 9-4-08_revised.docx one incident where forms were used on any private or public asphalt driveway construction in 20 years. Again, the City has had no adverse effects on driveway pavements where forms were not used. Also, use of forms was not required under the specifications, therefore none were used. 5. Inspection of the driveway patch job was inadequate. Inspector was not on-site until after the pavement was rolled Staff does not observe the rolling of every driveway patch as there are typically a multitude of activities that are on-going at any given time during a project like this one. Staff does monitor the rolling of some of the asphalt patches for compliance with the specifications. However, in the case of Mr. Anderl's driveway, staff was present for the rolling operation and the contract requirements were met. In fact, concerns were expressed by staff to the contractor that he should not be rolling over the asphalt pavement onto Mr. Anderl's concrete slab to prevent any damage. 6. The surface of the asphalt concrete driveway patch appears to have excessive course material exposed, indicating a mix that does not meet the specification for asphalt content. The asphalt mixture that is used on driveways is the same mixture used in the wearing course for the street work. It does sometimes have a more "open" surface texture than mixes commonly referred to as "sand mixes." The asphalt is from a certified plant, the design meets MnDOT requirements, and is spot checked by MnDOT personnel at the plant. Since the asphalt is used in streets as well as driveway construction, it is designed to give stability to the pavement more than to achieve a very closed surface texture for aesthetics. This asphalt mixture has been used for years with little negative comment from residents. Staff has received the same comment from a very few residents in the past. However, once given the reasoning they have been very satisfied. In summary, the driveway patch completed on Mr. Anderl's driveway meets the project requirements/policies set forth. The patch exceeds the obligation of the City to restore the pavement with an "equal to or better" condition. Attachments: Bill Anderlletter dated August 27,2008 Before and After photos of the driveway at 4911 33rd Avenue North G:\PROJECTS\2008 PMP (08-1)\Corres 2008-09 PMP Project No. 08-1\Anderl Memo 9-4-08_revised.docx ; t l~Oa 'Nli' BILL ANDERL l 4911-33td Avenue No. J Golden Valley, Minnesota 55422 ~ Ii 763-529-5008 August 27, 2008 City of Golden Valley Attn: City Council 7800 Golden Valley Road Golden Valley, MN 55427 Subject: Asphalt Driveway Patch Deficiencies Dear City Council: Now that the city's contractor has installed a 4 ft. patch of asphalt in my driveway, I am writing this letter to inform you of the major deficiencies of this work and ask that it be removed and reinstalled following the Asphalt Institute's Model Specifications for Smarr Paving Jobs, CL-2. Major deficiencies that are noted on my driveway patch are: 1- Subgrade was not properly graded and compacted before the installation of the asphalt mixture. 2 - Full-depth asphalt pavements for residential driveways should be a minimum of 4-Inches compacted thickness on a properly prepared subgrade. The driveway patch does not average 2-inches in compacted thickness. 3 - Compaction of the subgrade was not done with a roller and no ,testing was dpne prior to the placement of the asphalt concrete. 4 - Hand placement of the asphalt mixture should include the placement of forms at the edge. of the driveway. No such forms were used. 5 - Inspection of the driveway patch Job was inadequate. Inspector was not on-slte until after the patCh was rolled. '.,.,. 6 - The surface of the asphalt concrete driveway patch appears to have excessive course material exposed, Indicating a mix that does not meet the specification for asphalt content. I will not accept this quality of pavement for my driveway. I expect the patch to be removed and replaced with a properly installed driveway pavement, as was promised by the city. Other driveway patches on 33rd Ave. No. were also constructed with the same technique and materials. I would expect that all of them fail to meet some of the model specifications I have cited above. '. Sincerely, 0~l-f.~ William H. Andert, P .E. Attachment - Asphalt Institute Construction Leaflet No. 11 ,.,~ '- } C!l :z t3 it a: ::> rJJ ~ C!l :z > it -0 C\I II ~IJe GENERAL INFORMATION ~ In ~rder to be a good investment. a residential driveway must be properly constructed. The informa- ~ i tion contained in this leaflet is designed as a general guide to the proper design and construction of .! i asphalt pavements for private driveways, and to assist the homeowner in obtaining a driveway that will l- be sound, economically constructed, attractive and durable. . A driveway that is correctly designed and constructed by the Full~Depth asphalt method will give t' ,.,) many' years of service with little or no maintenance. Suoh a driveway is simple and economical to \,' .J build. and in practically every area there are reputable contra.crtors who will furnish and properly use the materials, equipment, and labor needed to build a completely acceptable pavement. \ , I '-J DEFINITIONS OF TERMS USED Asphalt: A dark brown to black cementitious material in which the predominating constituents are bitumens which occur in nature or are obtained in petroleum processing. In varying proportions, aspl;1alt is a constituent of most cmde petroleums. FuJ1-Depth Asphalt Pavement: Pavement. in which asphalt ntixtures are used for all courses above the sub grade or improved subgrade. Asphalt Concrete: A high-quality, thoroughly-controlled hot mixture of asphalt cement and well- graded, high-quaJity mineral aggregate. Subgrade: The soil prepared to support a structure or a pavement system. It is the foundation for the pavemeJ;1t structure. The subgrade soil sometimes is called "basement soil" or "foundation soil." Asphalt Base Course: A foundation course consisting of mineral aggregate, bO':1Ild together with as- . phaltic material. Asphalt Surface Course: The top course of an asphalt pavement, sometimes called asphalt wearing course. ,.\, --/ ~5 ii ~ all"" fill I\) 0- ~ <:: % Ci) f!O ~ ~ ~ 9 ~ DRAINAGE Good drainage is iinportant for pavement durability. It is desirable to blend the surface of the pave- ment to the contaur of the existing ground so that the surface water runs over it or away from it in its natural course. In flat areas.. the driveway should be sloped or crowned not less than J/4 in./ft (2 cm/m) so all surface water will 'drain off. Roof drainage from downspouts should, if feasible, be piped well away from the edge ,of the driveway. In some cases, pipe cross drains may be needed to take the water under the driveway. Water should not be allowed to stand at the edges. Generally, an underorain system is not required when the pavement is constructed by the Full-Depth asphalt method, even over poor soil or in certain other undesirable drainage conditions. However, an underdrain system may be required if the driveway pavement is constructed by another method in- voMnS the use of an untreated gravel or crushed rock base. . PAVEMENT WIDTH Prima:ry consideration should be given to building a driveway of proper' width. It should be no less than 8 ft (24 m), but 10ft (3 m) is a more practical minimum width. If the driveway will be used for both pedestrians and automobiles a 12 ft (3.7 ~) width should be considered. It usually is desirable to preserve aesthetic objects such as trees and rocks. Also, to avoid unsightly cuts in hilly areas, driveways should conform to the terrain. Therefore, where the property will ac- commodate it. a curving driveway will be more attractive. A curved driveway needs to be btcreased in width on sharp curves. PAVEMENT THICKNESS Full-Depth asphalt pavements for residential driveways should be a minimum of 4 in. (10 em) com- pacted thickness on a propepy prepared subgrade (see SUBGRADE PREPARATION, below). This minimum is sufficient for many years of serv.ice (autoJ,Ilobiles and an occasional truck) if the driveway is properly constructed. However, if there is concern about foundation conditions, such as soft sub- grade or an exceptional number of heavy vehicles using the pavement, it may be desirable to increase the thickneS$ to 5 in. (13 em) or,' under extreme conditions, 6 in. (1 5 em). Thickness design is further diScussed in The Asphalt Institute's publication, Fun":Depth Asphalt Pavements For Parking Lots, Sen1ce Stations and Driveways, Information Series No. 91 (IS-91). .; SUBQR..ApE PREPARATION Before construction begins, buried utility lines in the vicinity of the proposed driveway should be loca.ted. If they are likely to be damaged during constmction, they should be relocated or protect~d. The subgrade soil must serve as a working platfonn to support constrUction equipment and it also must serve as the foundation for the pavement structure. Because it must be capable of carrying ilie '. loads transmitted to it from the pavement structure, it is most important that the subgrade be~ ~rly grad~d and ~~uatelv t'nm p\cted. J After grading, and comDactine: with a roller. the subgrade should be tested to determine if it will support the constrUction equipment. This is done by driving a heavily-laden truck over it and noting the deflections. If a subgrade area shows pronounced deflection, this indicates that the soil has not been su.fficl.ently rolled or that the soil-moisture content of the subgrade is 'too high. If additional rolling fails to correct the unstable condition, the soft areas should be removed and replaoed with 2 or 3 in. (5 - 8 em) arhat-mix asphalt concrete. In some cases of extremely poor subgrade, it may be necessary to remove the upper portion of the subgrade and replace it with select material. ( i \. _~l Whe~ it is possible that weeds may grow in the subgrade soil, prior to paving the subgrade should be treated with a non-toxic commercial sterllant. -2- COMPOSITION OF PA VlNG MIXTURE rj , .' It is recommended that the asphalt paving mixture to be used be of a type locally and readily available. Typically this would be a State Highway Department mix used for residential streets. Because they are used extensively, these mixes are 1lSU8lly the lean expensive. If such locaJly specified. mixes are not available, it is advisable to use the American Society for Testing and Materials' Standard Specification D3SIS, Hot-Mixed, HDt-Laid Asphalt Pa'VingMixtures. Mix Designations and Nominal Maximum Size of Aggregate, 1/2 in. (12.5 rom) or 3/8 in. (9.5 mm) are recommended. SPREADING 'IHE MIXTURE The thick lift technique [placing in lifts of 4 or more in. (10 or more cm)} is in most instances satisfactory. However, if subgrade conditions or traffic loads necessitate thicknesses greater than 4 in. (lO em), it is suggested that the asphalt be placed in two layers. . In some cases it may also be necessary to place the miX in more than one layer to achieve desired smoothness. .Three in. (8 em) of base and 2 in. (S em) of surface mix or 4 in. (10 em) of base and 2 in. (5 cm).ofsurface are suggested thickness combinations for 5 and 6 in. (13 and 1 S em) total thicknesses. Small payers are available but most asphalt paving machines in use today place widths ranging from 8 to 12 ft (2.4 to 3.7 m). Relatively sophisticated self-propelled pavers as wen as sinip1er towed equip- ment have been successtUJly used for residential driveway construction. 'YJ1enever possible, hand 1M f the mixture shOuld be avoided. However, whe~ access to the drlveway site is limited, hand placement may be e roasi e construction methOd. When the asphalt mixture is placed by hand it is essential th!t forms be set at the.:edee m the dr1vewlY. These will. ensure a neat edge and wm mi:tdt1li%e surface iinperfections when used as a reference for a strike- off board. When used as forms for this ~, redwood boards may be left in place to provide a . separation between driveway and lawn. ...\ /. .' \ ) \.,:~- WEAI1IER CONDMONS Weather conditions affect asphalt construction. To obtain the best results asphalt paving should be done in oQler than wet or extremely cold weather. COMPACTION -Regardless of the thickness of the cpurse being placed, compaction of asphalt pavement mixtures is one of the most important construction operations contributing to the proper pelformance of the. co~pleted pavement. That. is why it is so important to have a J21'Operly J)l'epared subarade aaatnst which to compact the QVe1'lying pavement. A steel-wheeled tandem roDer is generaJly used Tor this ,. type of work. Howeva.r, many other types of roDer, including small self-propelled vibratina roners, can be used to attain tJte required compaction. MAINTENANCE () It is not necessary to seal the surface of a newly-constructed asphalt concrete driveway. When the pavement is properly constrUcted, the driveway should afford many years of service before a tbin ap- plication of driveway sealer containing mineralgdt (avaiIable at hardware stores) becomes desirable to . improVe the surface texture and seal smaH cracks. But, if the pavement is not properly compacted during construction a SUrface sealer may be needed within two to four years. -3- alley M randum Finance 763-593-8013/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting October 7, 2008 Agenda Item 3. M. 1. Waiver of Public Hearing and Certification of Special Assessments - 2007 Sanitary Sewer Repairs Prepared By Sue Virnig, Finance Director Summary Agreements have been signed with the property owners regarding total costs and waiving the public hearing pursuant to Minnesota Statutes 429.031. By adopting the resolutions it allows the property owner to pay for their sanitary sewer repairs over time with their property taxes. Attachments List of remainder of 2007 Sanitary Sewer Repairs Assessed in 2008 (1 page) Resolution Waiving the Public Hearing Pursuant to Minnesota Statutes 429.031 and Ordering Certification of Special Assessments on Sanitary Sewer Repairs that Involve 2007 City Street Improvements (1 page) Recommended Action Motion to adopt Resolution Waiving the Public Hearing Pursuant to Minnesota Statutes 429.031 and Ordering Certification of Special Assessments on Sanitary Sewer Repairs that Involve 2007 City Street Improvements. PID 07 -029-24-43-007 4 18-029-24-13-0055 07 -028-24-43-0019 Add ress 4620 Hampton Rd 2120 Spruce Trail 2815 Kyle Ave 2007 Sanitary Sewer Repairs Assessment 3,908.75 3,908.75 3,908.75 11,726.25 Resolution 08-41 October 7, 2008 Member introduced the following resolution and moved its adoption: RESOLUTION WAIVING THE PUBLIC HEARING PURSUANT TO MINNESOTA STATUTES 429.031 AND ORDERING CERTIFICATION OF SPECIAL ASSESSMENTS ON SANITARY SEWER REPAIR THAT INVOLVE 2007 CITY STREET IMPROVEMENTS Project Years Interest Rate First Year Levy Total Assessed 2007 Sanitary 10 7% 2009 $11,726.25 Sewer Repairs 1. Each individual address (lots) will be assessed the full value of the signed contract with the homeowner for the various driveway improvement(s). 2. The proposed assessments are hereby adopted and confirmed as the proper assessments for each of said property respectively together with interest at the rate of seven (7) percent per annum accruing on the full amount thereof unpaid, shall be a lien concurrent with general taxes upon parcel and all thereof. The total amount of each such assessment not prepaid shall be payable in equal annual principal installments extending over a period of 10 years, as indicated in each case. 3. The first of said installments, together with interest on the entire assessment for the period of January 1, 2008 through December 31, 2009, will be payable with general taxes for the year of 2008, collectible in 2009, and one of each of the remaining installments, together with one year's interest on that and all other unpaid installments, will be paid with general taxes for each consecutive year thereafter unless the entire assessment is paid in full by November 19, 2008. 4. The owner may payoff the assessment in full after November 19, 2008 with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. 5. The City Clerk shall, as soon as may be, prepare and transmit to the County Auditor a certified duplicate of the assessment roll, with each installment and interest on each unpaid assessment set forth separately, to be extended upon the proper tax lists of the County and the County Auditor shall thereafter collect said assessment in the manner provided by law. Linda R. Loomis, Mayor ATTEST: Susan M. Virnig, City Clerk The motion for the adoption of the foregoing resolution was seconded by Member and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted, signed by the Mayor and her signature attested by the City Clerk. Hey Memo ndu Finance 763-593-8013/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting October 7, 2008 Agenda Item 3. M. 2. Waiver of Public Hearing and Certification of Special Assessments - 2008 Sanitary Sewer Repairs Prepared By Sue Virnig, Finance Director Summary Agreements have been signed with the property owners regarding total costs and waiving the public hearing pursuant to Minnesota Statutes 429.031. By adopting the resolutions it allows the property owner to pay for their sanitary sewer repairs over time with their property taxes. Attachments List of Sanitary Projects Assessed in 2008 (3 pages) Resolution Waiving the Public Hearing Pursuant to Minnesota Statutes 429.031 and Ordering Certification of Special Assessments on Sanitary Repairs that Involve 2008 City Street Improvements (1 page) Recommended Action Motion to adopt Resolution Waiving the Public Hearing Pursuant to Minnesota Statutes 429.031 and Ordering Certification of Special Assessments on Sanitary Sewer Repairs that Involve 2008 City Street Improvements. Total PID Address Resident Total Fee Assessment 07 -029-24-23-0003 3328 Scott Ave. N. Mike Janssen 4,313.65 30.00 4,343.65 07-029-24-23-0004 3336Scott Ave. N. John Johnston 2,624.76 30.00 2,654.76 07 -029- 24-23-0006 3352 Scott Ave. N. Darle Blade 2,951.35 30.00 2,981.35 07-029-24-23-0009 3376 Scott Ave. N. Charles Christianson 2,689.77 30.00 2,719.77 07-029-24-23-0015 3365 Scott Ave. N. Benjamin Schulz 3,961.75 30.00 3,991.75 07-029-24-23-0017 3385 Scott Ave. N. Demetria Hawes 3,306.75 30.00 3,336.75 07-029-24-23-0023 3240 Scott Ave. N. Debra Wachman 2,961.00 30.00 2,991.00 07-029-24-23-0024 3244 Scott Ave. N. Craig Ching 2,594.43 30.00 2,624.43 07-029-24-23-0025 3245 Scott Ave. N. Joan Carlson 3,069.05 30.00 3,099.05 07-029-24-23-0031 5300 33rd Avenue No. Paul Bukoskey 2,685.43 30.00 2,715.43 07-029-24-23-0033 3301 Scott Ave. N. Herb Purdy 2,704.74 30.00 2,734.74 07-029-24-23-0034 5240 33rd Avenue No. Kevin Boedigheimer 2,611.76 30.00 2,641. 76 07-029-24-23-0036 5301-3 33rd Avenue N. Jeannette Aaserud 2,607.43 30.00 2,637.43 07-029-24-23-0039 3249 Regent Ave. N. Daniel Lord 2,585.76 30.00 2,615.76 07-029-24-23-0043 5340 Lowry Terrace Peter HautmanjMary Logue 2,646.43 30.00 2,676.43 07-029-24-23-0046 3211 Regent Ave. N. Xavier G. Haro 2,622.40 30.00 2,652.40 07-029-24-23-0052 5240 Lowry Terrace Steven Finical 2,646.43 30.00 2,676.43 07-029-24-23-0058 3231 Regent Ave. N. Dan Cragg 2,585.76 30.00 2,615.76 07-029-24-23-0059 3231 Scott Ave. N. Martin Coughlin 2,585.76 30.00 2,615.76 07-029-24-23-0072 3241 Scott Ave. N. Tim Van Tassel 2,788.06 30.00 2,818.06 07-029-24-24-0075 3281 Quail Ave. N. Patrick O'Rourke 6,955.00 30.00 6,985.00 07-029-24-24-0088 3315 Quail Ave. N. Glenda M Haug 2,666.72 30.00 2,696.72 07-029-24-24-0098 3244 Regent Ave. N. Jim Lien 3,891.43 30.00 3,921.43 07-029-24-24-0099 3248 Regent Ave. N. John Houk 2,555.43 30.00 2,585.43 07-029-24-31-0101 3120 Regent Ave. N. Thai XiongjPa Yang 3,541.09 30.00 3,571.09 07-029-24-31-0111 3138 Regent Ave. N. Serban D. Simian 2,621.41 30.00 2,651.41 07-029-24-32-0011 3000 Regent Ave. N. Mark Roczniak 2,581.43 30.00 2,611.43 07-029-24-32-0015 3055 Scott Ave. N. Ron Stover 2,663.77 30.00 2,693.77 07-029-24-32-0016 3005 Scott Ave. N. Duane & Janice Johnson 2,618.68 30.00 2,648.68 07-029-24-32-0017 3030 Glenden Terrace Grace Belsaas 2,594.43 30.00 2,624.43 07-029-24-32-0020 3065 Glenden Terrace Terry MacDonald 2,685.43 30.00 2,715.43 07-029-24-32-0021 3055 Glenden Terrace Peter Taffe 2,633.43 30.00 2,663.43 07-029-24-32-0022 3035 Gfenden Terrace Michael Allen 2,616.10 30.00 2,646.10 07-029-24-32-0023 3025 Glenden Terrace Paul Hilla 3,141.63 30.00 3,171.63 07-029-24-32-0024 3015 Glenden Terrace Lonnie Johnson 2,572.76 30.00 2,602.76 07-029-24-32-0025 2905 Scott Ave. N. Philip Smith 4,029.71 30.00 4,059.71 07-029-24-32-0033 5385 Triton Drive Kari Zakariasen 3,874.10 30.00 3,904.10 07-029-24-32-0035 5315 Lowry Terrace Mary Lutz 2,616.10 30.00 2,646.10 07-029-24-32-0036 5325 Lowry Terrace Garfield Anderson 2,642.10 30.00 2,672.10 07-029-24-32-0039 2955 Regent Ave. N. Richard Martens 4,712.79 30.00 4,742.79 Total PID Address Resident Total Fee Assessment 07-029-24-32-0040 3005 Regent Ave. N. David Peters 2,672.43 30.00 2,702.43 07-029-24-32-0041 5205 Triton Drive Jim Husnick 2,859.36 30.00 2,889.36 07-029-24-32-0045 3050 Scott Ave. N. Michael Anderson 2,633.43 30.00 2,663.43 07-029-24-32-0046 3030 Scott Ave. N. Donald Anderson 2,594.43 30.00 2,624.43 07-029-24-32-0055 2936 Regent Ave. N. Stephen Wallace 2,655.10 30.00 2,685.10 07-029-24-32-0056 3020 Scott Ave. N. Ronald Schmidt 2,533.76 30.00 2,563.76 07-029-24-32-0057 2945 Regent Ave. N. Ronald Schmidt 2,611. 76 30.00 2,641.76 07-029- 24- 33-004 7 5305 Culver Road Craig Franz 3,930.43 30.00 3,960.43 07-029-24-33-0058 2820 Scott Ave. N. Dick Conrad 2,564.09 30.00 2,594.09 07-029-24-24-0042 4850 Drake Road William Kranz 2,628.23 30.00 2,658.23 07-029-24-24-0049 4812 33rd Avenue No. Carolyn Rask 2,683.07 30.00 2,713.07 07-029-24-24-0052 4750 33rd Avenue No. Schuyler Woodall 2,924.36 30.00 2,954.36 07-029-24-24-0064 4845 33rd Avenue No. Mary Fontana 2,643.08 30.00 2,673.08 07-029-24-24-0067 4807 33rd Avenue No. Kevin Monogue 2,634.41 30.00 2,664.41 07-029-24-24-0074 3261 Quail Ave. N. Sharon Brown 2,838.68 30.00 2,868.68 07 -029-24-24-0084 3320 Quail Ave. N. David Duffy 3,023.64 30.00 3,053.64 07-029-24-24-0087 3301 Quail Ave. N. Tara Kriedermacher 2,555.43 30.00 2,585.43 07-029-24-31-0019 2900 Orchard Ave. N. Patrick Chung 2,655.10 30.00 2,685.10 07-029-24-31-0037 2901 Orchard Ave. N. John Worre 2,620.43 30.00 2,650.43 07-029-24-31-0041 2936 Perry Ave. N. Tammi Hall 2,738.42 30.00 2,768.42 07-029-24-31-0043 2942 Perry Ave. N. Michael Hermanson 2,826.07 30.00 2,856.07 07-029-24-31-0045 3000 Perry Ave. N. Robert Gullick 2,791.41 30.00 2,821.41 07-029-24-31-0048 2945 Perry Ave. N. Andrew Jones 2,689.77 30.00 2,719.77 07-029-24-31-0050 2925 Perry Ave. N. Ellen Foley 2,809.72 30.00 2,839.72 07-029-24-31-0054 2912 Cherokee Ave. N. Martin Cooney 2,642.10 30.00 2,672.10 07-029-24-31-0055 2924 Cherokee Ave. N. Gene Berglund 2,672.43 30.00 2,702.43 07-029-24-31-0061 2913 Cherokee Ave. N. Paul Hansen 2,895.01 30.00 2,925.01 07-029-24-31-0062 2901 Cherokee Ave. N. Kathy Schmitt 2,622.40 30.00 2,652.40 07-029-24-31-0072 4901 Triton Drive Janise Holter 2,607.43 30.00 2,637.43 07-029-24-31-0073 4900 Normandy Place Eric Conzemius 2,616.10 30.00 2,646.10 07-029-24-31-0074 4920 Normandy Place Peter Lenagh 2,629.10 30.00 2,659.10 07-029-24-31~0096 3139 Quail Ave. N. Bruce Kittilson 2,676.77 30.00 2,706.77 07-029-24-31-0110 3125 Quail Ave. N. Robert Shaffer 2,765.40 30.00 2,795.40 07-029-24-31-0114 4930 Normandy Place Jane Gibson/Sara Savage 5,125.30 30.00 5,155.30 07-029-24-31-0116 3138 Quail Ave. N. Andrew Tirpak 2,607.43 30.00 2,637.43 07-029-24-31-0117 3142 Quail Ave. N. Raymond Anderson 3,448.37 30;00 3,478.37 07-029-24-31-0118 3146 Quail Ave. N. Fred Reiter 2,685.43 30.00 2,715.43 07-029-24-32-0005 5038 Culver Road Kevin Courtney 2,672.43 30.00 2,702.43 07-029-24-33-0044 5047 Culver Road Bret Erickson 2,637.76 30.00 2,667.76 07-029-24-33-0045 5037 Culver Road Michael Scanlan 2,611.76 30.00 2,641. 76 PID 07-029-24-33-0046 07-029-24-34-0003 07-029-24-34-0092 07-029-24-34-0093 07-029-24- 34-0094 Address 5027 Culver Road 4801 Culver Road 4947 Culver Road 4937 Culver Road 4927 Culver Road Resident Duane Coleman Carol Pendzimas (Brose) Clark Meyer John Woolever Brian Kron LEVY 17186 Total 2,785.12 2,624.76 2,782.74 2,663.77 2,656.08 Fee 30.00 30.00 30.00 30.00 30.00 Total Assessment 2,815.12 2,654.76 2,812.74 2,693.77 2,686.08 249,850.31 Resolution 08-42 October 7, 2008 Member introduced the following resolution and moved its adoption: RESOLUTION WAIVING THE PUBLIC HEARING PURSUANT TO MINNESOTA STATUTES 429.031 AND ORDERING CERTIFICATION OF SPECIAL ASSESSMENTS ON SANITARY SEWER REPAIR THAT INVOLVE 2008 CITY STREET IMPROVEMENTS Project Years I nterest Rate First Year Levv Total Assessed 2008 Sanitary 10 7% 2009 $249,850.31 Sewer Repairs 1. Each individual address (lots) will be assessed the full value of the signed contract with the homeowner for the various driveway improvement(s). 2. The proposed assessments are hereby adopted and confirmed as the proper assessments for each of said property respectively together with interest at the rate of seven (7) percent per annum accruing on the full amount thereof unpaid, shall be a lien concurrent with general taxes upon parcel and all thereof. The total amount of each such assessment not prepaid shall be payable in equal annual principal installments extending over a period of 10 years, as indicated in each case. 3. The first of said installments, together with interest on the entire assessment for the period of January 1 through December 31, 2009, will be payable with general taxes for the year of 2008, collectible in 2009, and one of each of the remaining installments, together with one year's interest on that and all other unpaid installments, will be paid with general taxes for each consecutive year thereafter unless the entire assessment is paid in full by November 19, 2008. 4. The owner may payoff the assessment in full after November 19, 2008 with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. 5. The City Clerk shall, as soon as may be, prepare and transmit to the County Auditor a certified duplicate of the assessment roll, with each installment and interest on each unpaid assessment set forth separately, to be extended upon the proper tax lists of the County and the County Auditor shall thereafter collect said assessment in the manner provided by law. Linda R. Loomis, Mayor ATTEST: Susan M. Virnig, City Clerk The motion for the adoption of the foregoing resolution was seconded by Member and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted, signed by the Mayor and her signature attested by the City Clerk. Bey Moran Finance 763~593-8013/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting October 7, 2008 Agenda Item 3. M. 3. Waiver Of Public Hearing and Certification of Special Assessments - 2008 Driveways Prepared By Sue Virnig, Finance Director Summary Agreements have been signed with the property owners regarding total costs and waiving the public hearing pursuant to Minnesota Statutes 429.031. By adopting the resolutions it allows the property owner to pay for their driveway improvement over time with their property taxes. Attachments List of Driveways Assessed in 2008 (1 page) Resolution Waiving the Public Hearing Pursuant to Minnesota Statutes 429.031 and Ordering Certification of Special Assessments on Driveways that Involve 2008 City Street Improvements (1 page) Recommended Action Motion to adopt Resolution Waiving the Public Hearing Pursuant to Minnesota Statutes 429.031 and Ordering Certification of Special Assessments on Driveways that Involve 2008 City Street Improvements. r PW Address , ,-,--~~---------~ : 4920 33rd Ave N 4790 Drake Road 4950 Drake Road 3035 Glenden Terrace ---'-----~--------I 3055 Glenden Terrace . 3260 Quail Ave N >-- ..._-_._------_._--------~--_..__._..- --- ------..-----..--.'---- c _33~1_qu,!i~ ~,,~~__ ___ I 3300 Quail Ave N . r--.~.-.._~---~---'--._.-.-,.-..-------..--------------; ]350_qll~i1 A,,~~___~~------, 2925 Regent Ave N ~~._-_._- 2935 Regent Ave N -------'-"-- 2936 Regent Ave N ----..-'----,-.------- _ }~!~_~~~~_~~_A~~_~_________________~ ~--:~i~-:~~;~~-~~;~ u____ -----~ ---J I 3231 Regent Ave N ________ _ ~ ~ i 3055 Scott Ave N I- '------ ,,--,---- --,-,---- '---'-----'-'-------'--'---, ~ i320_S~~t A"-~_____________ _ ___ ~ i 3249 Regent Ave N ; !--.-._---_._._.__.._--_._.__._------_.._--_._-~ 3030 Scott Ave N W' __ "_ ______ _ _. ._._.._.__...__..._______..________________________---< i 3050 Scott Ave N 1------. -'--,-'.'-.-.--.-.-,-.----.--- -....-..--,.---...----.--.....--.,.-. .,..-..-----------..-------..-----' I I 3321 Scott Ave N t 474033!~ AV;~. --=-~-====~==J r 2912 Cherokee Place . ~---------- ------- ----,-,----- ,-- --------- r 5051 Lowry Terrace -------j 2944 Perry Ave. N. ~ I 3125 Euail Ave._~~__________ _ _ L 3139 Quail Ave. N. ~]~~~l.Iail Ave._N. L 3201 Quail Ave. N. , ---.~- -~-~.- . --_._-_..._-_._~_.._--, l!~50 Quail~~e_. _I!:_ ______ _____.. . --------J ~ " -----..-....j , - ------------1 , I 3251 Quail Ave. N. ~- - - --....-.--....-- -...- .. ~ 3307Euail Ave. N. I 3315 Quail Ave. N. L-~_---,---------- I --~ , --~-----------' 2008 PMP - Private Drivewavs Total Assessment --j , 201.69 553.12 213.78 5,939.49 5,259.02 336.92 365.98 398.07 337.93 4,138.22 4,039.93 1,125.10 6,026.50 1,707.82 3,122.20 992.54 203.37 239.82 5,257.02 2,876.73 3,929.62 7,538.99 652.26 138.19 8,161.03 90.64 3,392.41 4,852.20 3,475.19 4,457.99 1,404.44 1,962.10 2,367.32 5,074.58 -i 90,832.21 Resolution 08-43 October 7, 2008 Member introduced the following resolution and moved its adoption: RESOLUTION WAIVING THE PUBLIC HEARING PURSUANT TO MINNESOTA STATUTES 429.031 AND ORDERING CERTIFICATION OF SPECIAL ASSESSMENTS ON PRIVATE DRIVEWAYS THAT INVOLVE 2008 CITY STREET IMPROVEMENTS Project Years I nterest Rate First Year Levy Total Assessed 2008 City 10 7% 2009 $90,832.21 Driveways 1. Each individual address (lots) will be assessed the full value of the signed contract with the homeowner for the various driveway improvement(s). 2. The proposed assessments are hereby adopted and confirmed as the proper assessments for each of said property respectively together with interest at the rate of seven (7) percent per annum accruing on the full amount thereof unpaid, shall be a lien concurrent with general taxes upon parcel and all thereof. The total amount of each such assessment not prepaid shall be payable in equal annual principal installments extending over a period of 10 years, as indicated in each case. 3. The first of said installments, together with interest on the entire assessment for the period of January 1 through December 31, 2009, will be payable with general taxes for the year of 2008, collectible in 2009, and one of each of the remaining installments, together with one year's interest on that and all other unpaid installments, will be paid with general taxes for each consecutive year thereafter unless the entire assessment is paid in full by November 19,2008. 4. The owner may payoff the assessment in full after November 19, 2008 with interest accrued to December 31 ofthe year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. 5. The City Clerk shall, as soon as may be, prepare and transmit to the County Auditor a certified duplicate of the assessment roll, with each installment and interest on each unpaid assessment set forth separately, to be extended upon the proper tax lists of the County and the County Auditor shall thereafter collect said assessment in the manner provided by law. Linda R. Loomis, Mayor ATTEST: Susan M. Virnig, City Clerk The motion for the adoption of the foregoing resolution was seconded by Member and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted, signed by the Mayor and her signature attested by the City Clerk. Hey Me orandum Finance 763-593-8013/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting October 7, 2008 Agenda Item 4. A. Public Hearing - Special Assessments - Delinquent Utility Bills Prepared By Sue Virnig, Finance Director Summary The following resolution needs to be approved for the certification of special assessments for delinquent utility bills. Attachments Resolution Adopting and Confirming Assessments For Delinquent Utility Billing (1 page) Recommended Action Motion to adopt Resolution Adopting and Confirming Assessments For Delinquent Utility Billing. Resolution 08-44 October 7, 2008 Member introduced the following resolution and moved its adoption: RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR DELINQUENT UTILITY BILLING 1. The amount proper and necessary to be specially assessed at this time for various public improvements: Project Years Interest Rate First Year Levv Total Assessed 2008 Delinquent Utility Billing 1 6% 2009 $264,667.08 against every assessable lot, piece, or parcel of land affected thereby has been duly calculated upon the basis of benefits, without regard to cash valuation, in accordance with the provisions of Minnesota Statutes, Chapter 429, and notice has been duly published, as required by law that this Council would meet to hear, consider and pass upon all objections, if any, and said proposed assessment has at all time since its filing been open for public inspection and an opportunity has been given to all interested persons to present their objections if any, to such proposed assessments. 2. This Council, having heard and considered all objections so presented, finds that each of the lots, pieces and parcels of land enumerated in the proposed assessment was and is specially benefited by the construction of said improvement in not less than the amount of the assessment set opposite the description of each such lot, piece and parcel of land respectively, and such amount so set out is hereby levied against each of the respective lots, pieces and parcels of land therein described. 3. The proposed assessments are hereby adopted and confirmed as the proper assessments for each of said lots, pieces and parcels of land respectively, and the assessment against each parcel, together with interest at the rate of six (6) percent per annum accruing on the full amount thereof unpaid, shall be a lien concurrent with general taxes upon parcel and all thereof. The total amount of each such assessment not prepaid shall be payable in equal annual principal installments extending over a period of years, as indicated in each case. The first of said installments, together with interest on the entire assessment for the period of January 1, 2009 through December 31,2009, will be payable with general taxes for the year of 2008, collectible in 2009. 4. Prior to certification of the assessment to the County Auditor, the owner of any lot, piece or parcel of land assessed hereby may at any time pay the whole such assessment, with interest to the date of payment, to the City Treasurer, but no interest shall be charged if such payment is made by November 19, 2008. 5. The City Clerk shall, as soon as may be,prepare and transmit to the County Auditor a certified duplicate of the assessment roll, with each installment and interest on each unpaid assessment set forth separately, to be extended upon the proper tax lists of the County and the County Auditor shall thereafter collect said assessment in the manner provided by law. Linda R. Loomis, Mayor ATTEST: Susan M. Virnig, City Clerk The motion for the adoption of the foregoing resolution was seconded by Member and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted, signed by the Mayor and her signature attested by the City Clerk. alley emo ndu Finance 763-593-8013/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting October 7, 2008 Agenda Item 4. B. Public Hearing - Special Assessments - Miscellaneous Charges Prepared By Sue Virnig, Finance Director Summary The following resolution needs to be approved for the certification of special assessments for miscellaneous charges. Attachments List of Projects Assessed (1 page) Resolution Adopting and Confirming Assessments For Miscellaneous Charges (2 pages) Recommended Action Motion to adopt Resolution Adopting and Confirming Assessments For Miscellaneous Charges. Assessment 109.99 1,891.25 360.00 360.00 360.00 880.00 360.00 1,758.41 499.26 109.99 387.50 380.00 442.50 130.00 360.00 130.00 360.00 380.00 380.00 880.00 470.00 1,541.63 1,380.00 177.70 130.00 280.00 380.00 360.00 360.00 380.00 380.00 944.00 130.00 780.00 1,506.85 280.00 690.00 380.00 136.90 360.00 243.80 189.98 130.00 280.00 512.30 4,254.94 164.18 360.00 130.00 130.00 380.00 360.00 880.00 2,692.50 415.00 349.95 243.80 360.00 349.95 130.00 130.00 530.00 34,782.38 PID 28-118-21-31-0017 28-118-21-22-0098 28-118-21-22-0099 28-118-21-22-0100 28-118-21-22-0097 32-118-21-22-0022 07-029-24-42-0075 32-118-21-34-0022 30-118-21-32-0013 31-118-21-14-0048 19-029-24-42-0042 30-118-21-44-0027 30-029-24-22-0064 30-118-21-23-0127 29-118-21~33-0064 32-118-21-41-0018 32-118-21-31-0035 28-118-21-21.0032 31-118-21-31-0013 18-029-24-23-0032 29-118-21-23-0003 07-029-24-24-0028 18-029-24-23-0031 30-118-21-32-0018 06-117-21-11-0016 28-118-21-21-0074 33-118-21-31-0067 33-118-21-31.0067 17-029-24-21-0014 05-117-21-23-0029 29-118-21-11-0003 19-029-24-41-0048 30-118-21-24-0032 07-029-24-34-0057 17-029-24-21-0070 30-029-24-12-0089 30-118-21-32-0056 30-118-21-32-0056 31-118-21-32-0002 30-029-24-23-0040 33-118-21-23-0004 04-117-21-23-0005 30-118-21-11-0026 30-118-21-23-0127 33-118-21-34-0019 30-029-24-14-0045 28-118-21-34-0010 30-118-21-33-0116 18-029-24-33-0050 30-029-24-14-0044 17-029-24-21-0082 30-118-21-12-0020 28-118-21-23-0001 28-118-21-23-0001 28-118-21-23-0001 31-118-21-113-0002 31-118-21-41-0003 29-118-21-33-0050 31-118-21-24-0008 29-118-21-31-0030 17-029-24-31-0044 29-118-21-32-0013 Property Address 5669 DULUTH ST-FALSE ALARM 2550 DOUGLAS-MOWING & LEGAL FEES 2540 DOUGLAS-MOWING 2530 DOUGLAS-MOWING 2560 DOUGlAS-MOWING 1105 RHODE ISLAND-CITATIONS 2924 MAJOR AVE N-MOWING 7340 RIDGEWAY RD-TREE REMOVAL 1700 MENDELSSOHN AVE-MOWING 669 WINNETKA AVE N-FALSE ALARM 328 BURNTSIDE DR-MOWING 1336 VALDERS AVE-CITATIONS 208 TURNPIKE RD-MOWING 1901 FLAG AVE-CITATION 7601 WINSDALE ST-MOWING 6438 WESTCHESTER CIR-CITATION 531 KELLY DR-MOWING 2560 BROOKRIDGE AVE-CITATIONS 432 DECATUR-CITATIONS 1931 TOLEDO-CITATIONS 2120 WINNETKA-MOWING 3210 ORCHARD AVE-TREE REMOVAL 5305 GREENVIEW LN-CITATIONS 1800 MENDELSSOHN AVE-MAl NT 300 WINNETKA AVE-CITATION 2260 WINFIELD-NOISE VIOLATION 5530 WOODSTOCK AVE-CITATIONS 5530 WOODSTOCK AVE-MOWING 2534 ZENITH AVE N-MOWING 815 WINNETKA AVE S-CITATIONS 6601 MEDICINE LK RD-CITATIONS 500 INDIANA AVE N-BOARD UP 8805 ELGIN PL-CITATION 4801 DONA LN-ClTATlONS 2405 ZENITH AVE N-TREE REMOVAL 4511 STRAWBERRY LN-CITATION 1636 GETTYSBURG-MOWING 1636 GETTYSBURG AVE-CITATIONS 9400 GOLDEN VALLEY RD-FALSE ALARM 5230 CIRCLE DOWN-MOWING 5900 OLSON MEMORIAL HWY-ALARMS 6250 WAYZATA BLVD-FALSE ALARM 2445 WISCONSIN AVE N-CITATION 1901 FLAG AVE-CITATION 5600 LORING LN-CURB REPAIR 4102 WAYZATA BLVD-TREE REMOVAL 5540 GOLDEN VALLEY RD-MA/NT 1316 GETTYSBURG-MOWING 1420 LILAC DR N-CITATION 4112 WAYZATA BLVD-CITATION 3425 TERRACE LN-CITATIONS 8445 MEDICINE LAKE RD-MOWING 2230 DOUGLAS DR-CITATIONS 2230 DOUGLAS DR-REMOVE DEBRIS 2230 DOUGLAS DR-MOWING 830 BOONE AVE N-FALSE ALARMS 515 WINNETKA-FALSE ALARMS 7800 KNOLLST-MOWING 905 DECATUR AVE N-FALSE ALARMS 7125 GREEN VALLEY RD-CITATION 1617 XERXES AVE N-CITATION 1700 WINNETKA AVE N-CITATION Resolution 08-45 October 7, 2008 Member introduced the following resolution and moved its adoption: RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR MISCELLANEOUS CHARGES (WEEDS, FALSE ALARMS, ADMINISTRATIVE CITATIONS, ETC.) 1. The amount proper and necessary to be specially assessed at this time for various public improvements: Project Years Interest Rate First Year Levv Total Assessed 2008 Miscellaneous 1 6% 2009 $34,782.38 Charqes against every assessable lot, piece, or parcel of land affected thereby has been duly calculated upon the basis of benefits, without regard to cash valuation, in accordance with the provisions of Minnesota Statutes, Chapter 429, and notice has been duly published, as required by law that this Council would meet to hear, consider and pass upon all objections, if any, and said proposed assessment has at all time since its filing been open for public inspection and an opportunity has been given to all interested persons to present their objections if any, to such proposed assessments. 2. This Council, having heard and considered all objections so presented, finds that each of the lots, pieces and parcels of land enumerated in the proposed assessment was and is specially benefited by the construction of said improvement in not less than the amount of the assessment set opposite the description of each such lot, piece and parcel of land respectively, and such amount so set out is hereby levied against each of the respective lots, pieces and parcels of land therein described. 3. The proposed assessments are hereby adopted and confirmed as the proper assessments for each of said lots, pieces and parcels of land respectively, and the assessment against each parcel, together with interest at the rate of six (6) percent per annum accruing on the full amount thereof unpaid, shall be a lien concurrent with general taxes upon parcel and all thereof. The total amount of each such assessment not prepaid shall be payable in equal annual principal installments extending over a period of years, as indicated in each case. The first of said installments, together with interest on the entire assessment for the period of January 1,2009 through December 31, 2009, will be payable with general taxes for the year of 2008, collectible in 2009. 4. Prior to certification of the assessment to the County Auditor, the owner of any lot, piece or parcel of land assessed hereby may at any time pay the whole such assessment, with interest to the date of payment, to the City Treasurer, but no interest shall be charged if such payment is made by November 19, 2008. Resolution 08-45 - Continued October 7, 2008 5. The City Clerk shall, as soon as may be, prepare and transmit to the County Auditor a certified duplicate of the assessment roll, with each installment and interest on each unpaid assessment set forth separately, to be extended upon the proper tax lists of the County and the County Auditor shall thereafter collect said assessment in the manner provided by law. Linda R. Loomis, Mayor ATTEST: Susan M. Virnig, City Clerk The motion for the adoption of the foregoing resolution was seconded by Member and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted, signed by the Mayor and her signature attested by the City Clerk.