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05-19-09 CC Agenda Packet AGENDA Regular Meeting of the City Council Golden Valley City Hall 7800 Golden Valley Road Council Chamber May 19, 2009 6:30 p.m. The Council may consider item numbers 1, 2, 3, 5 and 6 prior to the public hearings scheduled at 7:00 p.m. 1. CALL TO ORDER A. Roll Call B. Presentation of Certificates of Appointment and Oath of Office C. Proclamation for Northwest Suburban Optimist Club 50th Year 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 - May 5, 2009 and Special Council/Manager Meeting - May 5, 2009 B. Approval of Check Register 1. City 2. Housing and Redevelopment Authority C. Licenses: 1 . General Business Licenses 2. Gambling License Exemption and Waiver of Notice Requirement - The Leukemia and Lymphoma Society D. Minutes of Boards and Commissions: 1. Human Services Foundation - March 9, 2009 E. Bids and Quotes: 1. Playground Equipment - Stockman Park - Quotes F. Letters and/or Petitions: 1. Letter from Golden Valley Historical Society Regarding Matching Funds G. Authorization to Sign Contract with Environmental Process, Inc. for 2009 Building Maintenance H. Board/Commission Reappointments I. Call for Administrative Hearing - Appeal of Repeat Nuisance Service Call Fee - 2230 Douglas Drive North - 6/2/09 J. Receipt of April 2009 General Fund Budget Report K. Approval of Amended Employee Handbook 09-28 4. PUBLIC HEARINGS 7:00 PM A. Public Hearing - Ordinance #418 - Conditional Use Permit 09-125 - 6210 Wayzata Boulevard - Art Holdings (B2B Segway), Applicant B. Public Hearing - Ordinance #419 - Amendment to Section 11.55 - Allowing for Extension of Time for Submittal of Final Planned Unit Development (PUD) Plan 5. OLD BUSINESS 6. NEW BUSINESS A. Announcements of Meetings B. Mayor and Council Communications 7. ADJOURNMENT CITY OF GOLDEN VALLEY PROCLAMATION FOR NORTHWEST SUBURBAN OPTIMIST CLUB'S 50th YEAR WHEREAS, Optimist International, as a public service organization, has existed nationally since 1919 promoting: optimism; interest in good government; respect for law; patriotism; international accord; and the development of youth; WHEREAS, Among a federation of clubs, the Optimist Club of Golden Valley (now known as Northwest Suburban Optimist Club) was chartered in 1959 at the Golden Valley Country Club, where it still resides; and WHEREAS, Over the years this Club has exemplified community service through innumerable efforts: with youth programs like "take a kid fishing," oratorical contests, "kids & cops," safety camps, "NYPUM mini-bikes," and scholarships; and with support to community programs of the City, Salvation Army, YMCA, Courage Center, Crisis Center, and others. NOW, THEREFORE, the City Council of Golden Valley, on behalf of the City and its residents, does hereby proclaim Thursday, May 21,2009 as a special day of recognition for the NORTHWEST SUBURBAN OPTIMIST CLUB's 50th year as a service club in our community, with our commendation to it, and all of its members over those fifty years, for what it has done to benefit our community and its youth. IN WITNESS WHEREOF, I have hereunto set my hand and caused the great seal of the City of Golden Valley to be affixed this 19th day of May, 2009. Linda R. Loomis, Mayor Special Council/Manager Meeting Minutes May 5, 2009 Present: Mayor Loomis and Council Members Freiberg, Pentel, Scanlon and Shaffer, City Manager Tom Burt, Public Works Director Jeannine Clancy, City Engineer Jeff Oliver, Finance Director Sue Virnig and Assistant City Manager Jeanne Andre. The meeting began at 7 pm in the Council Conference Room. 2010 Pavement Management Program Tom Burt explained that the debt required to support the current schedule for the Pavement Management Program (PMP) will grow significantly in the upcoming years. Given the poor economic climate the staff has prepared a plan to extend the construction of the local streets in the PMP an additional five years, to 2019. This would allow the debt to ramp up more gradually and the overall levy would benefit from the termination of the Golden Hills tax increment district in 2015. The public participation process for the 2010 PMP is set to begin later this month and the staff needs to know if the number of miles to be reconstructed in 2010 should be maintained or reduced, given the debt load and the economic environment. The Council reviewed the condition of the streets and the tradeoff between increased bonded debt and increased operating expenses to support the failing streets that have not been reconstructed. They also discussed the need to plan and budget for overlays to the reconstructed streets to protect the investment that has been made to the street infrastructure. Restructuring of the debt has decreased the near-term debt increases, so the Council supported maintaining the current reconstruction program for 2010, but determined that it would annually revisit the area/mileage to be included in the feasibility study for each phase of construction. The feasibility for the 2011 PMP program will be reviewed by the Council in the summer or fall of 2009. The meeting adjourned at 7:43 pm. Jeanne Andre Assistant City Manager Regular Meeting of the City Council May 5, 2009 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Golden Valley, Hennepin County, Minnesota was held at 7800 Golden Valley Road in said City on May 5, 2009 at 6:30 p.m. The following members were present Freiberg, Loomis, Pentel, Scanlon and Shaffer. Also present were: Thomas Burt, City Manager; Allen Barnard, City Attorney; and Judy Nally, Administrative Assistant. Citizen Commendation Awards - Curtis Larson and Robert Terlson Mayor Loomis introduced the agenda item. Chief Stacy Altonen presented Curtis Larson and Robert T erlson with a Citizen Commendation Award for rendering their assistance on April 10, 2009 when they observed a pickup truck parked in a parking lot in the 2500 block of Hillsboro Avenue North with the engine running and a hose extending from the tailpipe into the cab of the vehicle. Upon further observation Mr. Larson and Mr. Terlson noticed a male occupant was inside the vehicle. Mr. Larson and Mr. Terlson turned off the ignition and notified the police department for assistance. The occupant received medical attention and did recover from carbon monoxide exposure. The Council expressed their appreciation to Mr. Larson and Mr. Terlson. Approval of Agenda MOVED by Freiberg, seconded by Pentel and motion carried unanimously to approve the agenda of May 5,2009 as submitted. Approval of Consent Agenda MOVED by Shaffer, seconded by Pentel and motion carried unanimously to approve the agenda of May 5, 2009 as amended: removal of Letter from Bruce Peterson Regarding Resignation from Civil Service Commission. Representative from WorkAbilities, Inc. was present for questions, if needed. *Approval of Minutes - City Council Meeting - April 21, 2009 MOVED by Shaffer, seconded by Pentel and motion carried unanimously to approve the City Council Meeting minutes of April 21,2009 as submitted. *Bills and Claims MOVED by Shaffer, seconded by Pentel and motion carried unanimously to authorize the payment of the City and Housing and Redevelopment Authority bills as submitted. Regular Meeting of the City Council May 5, 2009 Page 2 *General Business Licenses MOVED by Shaffer, seconded by Pentel and motion carried unanimously to authorize the issuance of licenses as recommended by staff. *Solicitor's License - Back Four Ltd. MOVED by Shaffer, seconded by Pentel and motion carried unanimously to authorize the issuance of licenses as recommended by staff. *Minutes of Boards and Commissions MOVED by Shaffer, seconded by Pentel and motion carried unanimously to receive and file the minutes as follows: Planning Commission - February 23, 2009 Environmental Commission - March 23, 2009 Open Space and Recreation Commission - February 23, 2009 Envision Connection Project Board of Directors - March 19,2009 Bassett Creek Water Management Commission - January 15, 2009 Joint Environmental Commission, Planning Commission, Open Space and Recreation Commission and City Council - March 23, 2009 *Quotes - Sealcoat MOVED by Shaffer, seconded by Pentel and motion carried unanimously to award the bid for sealcoating to the lowest responsible bidder, Pearson Brothers, Inc., for $167,491.70. The bids are as follows: Pearson Brothers, Inc. Allied Blacktop Co. $167,491.70 194,881.95 Email from Bruce Peterson Regarding Resignation from Civil Service Commission Council Member Pentel acknowledged his service on the Civil Service Commission and his contributions to the City. MOVED by Pentel, seconded by Shaffer and motion carried unanimously to receive and file the email from Bruce Peterson, dated April 26, 2009 regarding resignation from the Civil Service Commission; and request the Mayor send him a letter of appreciation in recognition for his service to the community. Regular Meeting of the City Council May 5, 2009 Page 3 *Council Appointment - Assistant Weed Inspector Mayor Loomis appointed Josh Kunde as an additional Assistant Weed Inspector until January 5, 2010. *Proclamation for Arbor Dav and Month - Mav 2009 MOVED by Shaffer, seconded by Pentel and motion carried unanimously to proclaim May 15, 2008 as Arbor Day and Mayas Arbor Month. *Approval of Reauests for Beer and/or Wine at Brookview Park MOVED by Shaffer, seconded by Pentel and motion carried unanimously to approve the requests for beer and/or wine at Brookview Park as recommended by staff. *Call for Public Hearina - Private Activity Bonds - WorkAbilities. Inc. - 6/2/09 Member Shaffer introduced the following resolution and moved its adoption: RESOLUTION 09-27 RESOLUTION CALLING FOR A PUBLIC HEARING ON A PROJECT BY WORKABILlTIES, INC. UNDER MINNESOTA STATUTES, CHAPTER 469 The motion for the adoption of the foregoing resolution was seconded by Member Pentel and upon a vote being taken thereon, the following voted in favor thereof: Freiberg, Loomis, Pentel, Scanlon and Shaffer; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and her signature attested by the City Clerk. *Board/Commission Reappointments MOVED by Shaffer, seconded by Pentel and motion carried unanimously to make the following reappointments: Planning Commission: Dean McCarty Cathy Waldhauser 3 year term 3 year term term expires - 5/1/12 term expires - 5/1/12 Human Services Foundation: Connie Sandler 3 year term term expires - 5/1/12 Human Rights Commission: Marion Helland 3 year term term expires - 5/1/12 Regular Meeting of the City Council May 5, 2009 Page 4 *Board/Commission Reappointments - Continued Environmental Commission: Dawn Hill 3 year term term expires - 5/1/12 Board of Zoning Appeals: Mike Sell 1 year term term expires - 5/1/10 Open Space and Recreation Commission: Bob Mattison 3 year term term expires - 5/1/12 Jerry Sandler 3 year term term expires - 5/1/12 Second Consideration - Ordinance #417 Amendina Section 10.85. Broadenina the Type of Nuisance Activity Leadina to Repeat Nuisance Call Service Fees The following ordinance was MOVED by Freiberg, seconded by Shaffer: ORDINANCE NO. 417, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Amending Section 10.85, Broadening the Type of Nuisance Activity Leading to Repeat Nuisance Call Service Fees Stacy Altonen, Police Chief, introduced the agenda item and answered questions from the Council. MOVED by Freiberg, seconded by Shaffer and motion carried unanimously to approve on Second Consideration, Ordinance #417, 2nd Series. FREIBERG - YES LOOMIS - YES PENTEL - YES SCANLON - YES SHAFFER - YES Announcements of Meetinas The City Council will adjourn to a Special Council/Manager Meeting immediately following the Council Meeting. The Bike Rodeo will be held on May 6, 2009 from 6 to 8 pm at the New Hope City Hall. The Brookview Golf Course 40th Anniversary Week will be held from May 11 to May 15, 2009 with various activities. Some Council Members may attend the Douglas Drive Corridor Study Committee Meeting on May 12, 2009 at 7:30 am at City Hall. The next Council/Manager meeting will be held on May 12, 2009 at 6:30 pm, Regular Meeting of the City Council May 5, 2009 Page 5 Announcements of Meetings A Golden Valley Historical Society Meeting on May 14, 2009 at 7 pm at the Golden Valley Historical Society. The Golden Valley Days Art & Music Festival will be held on May 15-17, 2009. The Step To It Challenge begins on May 18, 2009. The next City Council Meeting is May 19, 2009 at 6:30 pm. Some Council Members may attend the Optimist Gala on May 21, 2009 at 6:30 pm at the Golden Valley Country Club. The City Offices are closed on Monday, May 25,2009 in observance of Memorial Day. Mavor and Council Communications Mayor Loomis updated the Council on the meeting the City of Minneapolis held with various jurisdictions regarding regional water governance. Adiournment The Mayor adjourned the meeting at 6:58 p.m. Linda R. Loomis, Mayor ATTEST: Judy Nally, Administrative Assistant Hey Memorandum Finance 763-593-8013/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting May 19, 2009 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. Hey M morandum Finance 763-593-8013/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting May 19, 2009 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. alley Memorandum Inspections 763-593-8090 I 763-593-3997 (fax) Executive Summary For Action Golden Valley City Council Meeting May 19, 2009 Agenda Item 3. C. 1. General Business Licenses Prepared By Kathryn Pepin, Administrative Assistant Summary As per City Code, some businesses are required to be licensed by the City. Listed below are the License Number, Applicant, License Type and Fee of those who have submitted an application for approval. #3904 #2882 #3906 #3911 #3912 #3907 #3908 #3913 #3905 Walgreen's 5695 Duluth Street Retail Fireworks (inside store) $100.00 Garbageman, Inc. 401 -11th Avenue South 1 Refuse Vehicle $ 50.00 Aspen Waste Systems 2951 Weeks Avenue S.E. 9 Refuse Vehicles $450.00 Sanimax A TO, Inc. 505 Hardman Avenue 11 Refuse Vehicles $550.00 Randy's Environmental Servo 4351 Hwy 12 S.E. 16 Refuse Vehicles $800.00 Allied Waste Services 9813 Flying Cloud Drive 13 Refuse Vehicles $650.00 Baldy Sanitation 5906 Henry Street 1 Refuse Vehicle $50.00 Vintage Waste Systems 2142 Fern Lane 2 Refuse Vehicles $100.00 Menard's of Golden Valley 6800 Wayzata Blvd. Retail Fireworks (inside store) $100.00 #3910 Michael P. Hall 3119 _150th Ln N.W. 3 Refuse Vehicles $150.00 Recommended Action Motion to authorize the issuance of licenses as recommended by staff. hlley Memorandum City Administration/Council 763-593-8006/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting May 19, 2009 Agenda Item 3. C. 2. Gambling License Exemption and Waiver of Notice Requirement - The Leukemia and Lymphoma Society 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 3D-day waiting period. Attachments Application for Exempt Permit (2 pages) Letter from The Leukemia and Lymphoma Society requesting waiver of 3D day waiting period (1 page) Recommended Action Motion to receive and file the gambling license exemption and approve the waiver of notice requirement for The Leukemia and Lymphoma Society. 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 # $ OR.GANIZA....IONINFORMATION Or. niz~on name~l~ ~ t W\- Type of nonprofit organization. Ch k one. [Q] Fraternal 101 Religious I 01 Veterans (,i?;~dOeS~ IW~ N I 0rfl*, ~oltl{-eMS\i~( Previous gambling permit number Other nonprofit organization Zip Code County V\A V1 C??4- 2l.P Yl- Name of chief executive officer (CEO) Daytime phone number Email address Attach a copvofQNE of the fc:dlowingfor proof of nOl1prQfit statu~.Oheck one. Do not attach a sales tax exempt status or federal ID employer numbers as they are not proof of nonprofit status. I 0 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 1'riffi IRS income tax exemption [501(c)] letter in your organization's name. P 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. g IRS. Affiliate of national, statewide, or international parent nonprofit organization (charter) If your organization falls under a parent organization, attach copies of both of the following: a. 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. I 0 I 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 INFORMATION Name of premises where gambling activity will be conducted (for raffles, list the site where the drawing will take place) Mv1y-t? \ ~ V1 A0+l~ot~Oit1t~ B>I~ M r~ I MN Zip Code LP couHtMlIl Date(s) of activity (for raffles, indicate the date of the drawing) ~ 112 to VlI heck the box or boxes that indicate the type of gambling activity your organization will conduct: o Bingo* ~ Raffles DPaddlewheels* DPull-Tabs* DTipboards* * Gambling equipment for pull-tabs, bingo paper, tipboards, and paddlewheels must be obtained from a distributor licensed by the Gambling Control Board. EXCEPTION: Bingo hard cards and bingo number selection devices may be borrowed from another organization authorized to conduct bingo. To find a licensed distributor, go to www.gcb.state.mn.us and click on List of Licensed Distributors, or call 651-639-4076. Also complete Page 2 of this form. MAY/16/2009/SAT 12:01 AM p, 001 LG220 Application for Exempt Permit Page 2 of 2 9108 LOCAL UNIT OF GOVE,RNIVi'ENTAC'K.N.OWL;JgflGMEtJlt.>,:::">:':,!\:1:<:<:.:::::::':::,< ,", "':',::" ,:: ~.,::; ;:'}':," If the gambling premises is within city limits, a oity official must check (X) the action that the city is taking on this application and 3ign the application. ~The application is acknoWledged with no waiting perfod. _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. lication. Signature of city official receiving application Title ,Date---1---1_ CHIEF EXECUTIVE OFFICER'S' ,SIG~*TU:RE,'" :,: The Information provided In th18 application is complete and a , ~' fln.~nCial report will be completed an returned to the B Chief executive officer's signature Complete a separate applioation for each ga ~ one day of gambling activity, - two or more consecutive da~ of gambling activ w each day a raffle drawing is held Send app6cation with: a cOpy of your proof of nonprofit status, and $50 application fee for each event. Make check payable to 'State of Minnesota." To: Gambling Control Board 1711 West County Road B, Suite 300 South Roseville, MN 55113 If the gambling premiSEll!l is located in a township. a CQu.nty official must check (X) the action that the COI.I nty is taking on this application and sign the application. A township official Iii not required to sign the application (unless required by the cOLlnty). _The application is acknowledged with no waiting period. _The application is acknowledged with a 30 day waiting period, and allows the Board to iesue a permit after 30 days. _The application is denied. Print county name On behaffofthe county, I aCknowledge thIs applioation. Signature of county official receiving application Title Date 1- (Optional) TOWNSHIP: On behalf of the town5hip, I acknowledge that thQ organization is applying for exempted gambling aClMty within tQwnship limits. [A township has no statutory authority to approve or deny an appllcatlOj'l [Minne$l!Ita Statute 349.166)) Print township name Signature of township official acknowledging application Title Date ---1---1 ...... " :'. :. \ ::',. ::. ,:.~, .' ..: to the best of my knowledge. I acknowledge that the days of the date of our gambling activity. Date S,-If)~O Financial report and recordkeeping required A financial report form and instructions \!ViII be sent with your penn It. Within 30 days of the activity date, complete and return the financial report form to the Gambling Control Board. Questions? Call the Ucenslng Section I1f the Gambling Control Board at 651-639-4076. Date privacy. ThIs form will be- made available the Board wiD be able to process your In alternative format (i.e. large prtnt, BraIlle) application. Your name and and your . upon request. The infonnation requested on . organlzatfon's name and addrB&s Will ba public this tOl'm (and any attachments) will be used by infol'll1atlon when received by the Board. All the Gambling Control Board (Board) to the oth~ i~ ~u provide will be private delennina your qualifications to be imlolved in dillla until the Board ISSUes your permIt. When lawful gambling activities in MInnesota. You the Board Issues your permit, all of the have 1he rtght to rerU&EI to supply the informatil;ln provided to the Board will becom'a information requested: however, if you refuse to pUblic. If the Board does not Issue a permit. aU supply this information. the Board may not be Information pl'Dllided remains private, with th~ able to determine your qualltlcatlons and, as II exception of your ns~ an~ your organization s consequence, may refuse to Issue you a permit. n~ and add~ ~d1 WIll remain public. If yo\.! supply the Information raqueeted, Pnvate ~Q1 are available to: Board members, 5loillrd iIllaff Wh06E1 work requires aCce8l1 to the Infonnatlon; Minnesota'S Department of Public Safety: Attorney General: Commissioners ot AdmInistration. Finance. and Revenue; L.sgi~~ve Auditor, national and International gambling regulatory agancies; anyone pursuant to court order: other individual& and agencie& that are spec11lcafly authori%ed by state or federal law to have access to the IntormarlOfl; individuals and agencies for which law or legal order authorizes a nqw. use or sharing of Information after thIs Notice Was giVen; and anyona with \tour consent. MAY/16/200S/SAT 12:01 AM p, 002 ,. "', . ~ The LeukemiD & Lymphoma Soe/ety'" Fighting Blood Cancers , ':. May 15, 2009 .". " JUdy Nally City of Golden Valley 7800 Golden Valley Road Golden Valley, MN 55427 \..: Dear Judy: The Leukemia & Lymphoma Society will host our annual fund raising gala at the Metropolitan Ballroom and Clubroom on Friday, June 12,2009. We are requesting permission 'to hold a raffle at this event and respectfully request that the City Council "waive the customary 30-day waiting period for the $xemption for lawful gambling permit "required for this type of event. Thank you for your consideration. Sincerely, Cathy Swanson Girsch Sr. Campaign Director Minnesota Chapter 8441 Wayz;ata Boulevard, Suite 340 Golden Valley, MN 55426 Phone: (763) 852-3000 Fax: t763) 852w300J www.LLS.Qrg/MNMWOY Golden Valley Human Services Foundation (GVHSF) Meeting Minutes March 9, 2009 Present: Daniel Blumb, Hilmer Erickson, Diane Nimmer, Connie Sandler, Steve Schumacher and Toots Vodovoz. Also present Jeanne Fackler, Staff Liaison. Not Present: Elissa Heilicher, Teri Holgate, Gloria Johnson and Chris Monroe. Call to Order: Chairman Blumb called the meeting to order at 6:40 p.m. February 9 minutes: Erickson moved and Sandler seconded the motion to approve the minutes of February 9. The motion passed unanimously. Run the Valley: Fackler reported that registrations are comparable to 2008. T-shirts have been ordered and will arrive by April 1. Nimmer reported that Breck would like to assist with the race but will be on Spring Break. Vodovoz will contact the YMCA and Home Free and Blumb will contact TreeHouse for volunteers. Runners for the end of the race are especially needed. A sign-up sheet for race duties was distributed. Several residents have volunteered to assist at the event. Several members offered to take race brochures and posters to area businesses. Erickson reported that he has talked with the new manager, Terri Tombers, of Wells Fargo- Golden Valley. Fackler will send Ms. Tombers a sponsor letter with Erickson making the follow-up contact. Other Business: Monroe suggested via e-mail that members of the GVHSF meet with the new General manager of the Golden Valley Country Club to discuss the Taste of Golden Valley event. Blumb, Sandler and Nimmer offered to meet with him within the next two weeks. Blumb will be attending the Golden Valley Rotary Club's meeting to accept a $900 check on behalf of the GVHSF. The current roster was reviewed. Go Health Chiropractic contacted Fackler about offering free chair massages at Run the Valley. The Commission thought that was a great addition to the event. Adjournment: Erickson moved to adjourn the meeting, Sandler seconded the motion. The meeting was adjourned at 7:35 p.m. Respectfully submitted, Jeanne Fackler GVHSF Staff Liaison alley Memorandum Park and Recreation 763-512-2342/763-512-2344 (fax) Executive Summary For Action Golden Valley City Council Meeting May 19, 2009 Agenda Item 3. E. 1. Quotes - Stockman Park Playground Equipment Prepared By Rick Jacobson, Director of Parks and Recreation Summary The 2009-2013 Capitol Improvement Program Park Section P-003, (page 65) includes $100,000 for replacement of playground equipment in city parks. Quotes were received for the purchase and installation of new equipment, which conforms to the ADA and Consumer Product Safety Commission Guidelines at Stockman Park. The following quotes were received: Earl F. Andersen, Inc. Play Power/Flanagan Sales $34,922 $35,752 Recommended Action Motion to authorize the purchase and installation of playground equipment at Stockman Park from the lowest responsible bidder, Earl F. Anderson, Inc. for $34,922. 2008-2009 'Board" of Virectors Xennetli Jfu6er 'President Nancy .1tzzam Yice 'Presidimt vonalif J'lnderson Secretary Joanie Clausen 'lreasurer Jerry 'Bretli V.irector Jolin Co{we{[ Virector 'Betty Crews Virlictor Jon JforRey Virector (jforia Jolinson Virector Leone Jolinson Virector Don :Jv!inor Virector :Ro6ert 'Provost V irec tor Past 'President Iona Scliu{fer Virector Cliester Scliuftz 'Director Catliy'Wafdhauser 'Direetor MiRe J'rei6erg City Councu 1{eyresentative Virector MAY 0 &2009 ~o{c[en Ya{{ey J-{istorica{ Society 7800 (joGfen 'Va{fey 'Road, (joGfen 'Va{{ey, :Minnesota 55427 Mayor Linda Loomis City of Golden Valley 7800 Golden Valley Road Golden Valley, MN 55427 May 4,2009 Dear Mayor Loomis, I am pleased to report that the members and friends of the Golden Valley Historical Society have raised the funds to meet the challenge grant of the City of Golden Valley of $7,500.00. As of this date the total dollars contributed to the Society is $7,552.64. The members of the Society thank you and the members of the City Council for your support of our organization as we continue in the mission of finding and preserving the heritage ofthe City of Golden Valley. I respectfully request that the check in the amount of $7,500.00 be forwarded to the Golden Valley Historical Society. Thank you. Sincerely, l~~ tJ~ KEN HUBER, President cc: Sue Virnig, Director of Finance Bey Memorandum Public Works 763-593-8030 I 763-593-3988 (fax) Executive Summary For Action Golden Valley City Council Meeting May 19, 2009 Agenda Item 3. G. Authorization to Enter into a Contract with Environmental Process, Inc. for Professional Services for the 2009 Building Maintenance Projects Prepared By Jeannine Clancy, Director of Public Works Ron Nims, Public Works Project Coordinator Summary The 2009-2013 Capital Improvement Program includes funding for the following building maintenance projects: 1. City Hall Emergency Generator in the amount of $125,000 (B-012, page 52). 2. Exterior Maintenance/Repairs including caulking, sealing windows, tuck pointing, and flashing repair to the estimated amount of $12,000 at Fire Station NO.2 and NO.3 (B-025, page 54). 3. Miscellaneous Utility Building Repairs including replacement of caulk and sealant, painting, masonry work, minor HVAC work and fan replacement in the amount of $25,000 (W&SS-045, page 140). In addition, several City-owned buildings sustained damage from hailstorms in 2008. The City has submitted an insurance claim for the repairs that were estimated at approximately $71,500. After completion of the repairs and satisfaction of the $25,000 insurance deductible, the City will receive reimbursement of approximately $52,500 which includes professional services for developing the bid packet and construction observation supplied by Environmental Process, Inc. (EPI). A professional services agreement from EPI is attached for Council consideration to provide professional services for design and construction observation for all of the above listed projects in an amount not to exceed $28,075. Attachments Professional Services Agreement from EPI for Architectural, Engineering, and Environmental Services, dated April 20, 2009 (21 pages) Recommended Action Motion to authorize entering into an agreement for professional services with EPI for the 2009 Building Maintenance Projects at an estimated cost of $28,075. Environmental Process, Inc. 715 Florida Avenue South, Suite 111, Golden Valley, MN 55426-1700 Phone: 763-398-3040. Fax: 763-398-0121 . email: en:iJ::qpls(a),rconnect.com. www.go-epi.com e .........<.p>...........:f')....:...fn...... ..... ,:- ,-;::.::: ": :.... :: :. .: :.; :":;: ",".. ", '.... -." . ..... -. .". - . . ' ..~ .. - . - - .' ',' .. . . . .....- .. '.... --. . . " .... .....--... ".. . . " .". .. "," ,',.." ..-. " .. . ... ... . . ... .., . -.' ~ .. . -. . . . . - ... . - . - ., . . April 8, 2009 Ms. Jeannine Clancy Director of Public Works City of Golden Valley 7800 Golden Valley Road Golden Valley, MN 55427 Re: City of Golden Valley - 2009 Scope of Work C-l City Hall - 2009 Emergency Generator Proposal for Architectural, Engineering, and Environmental Services EPI No. 09-056 Dear Ms. Clancy: 1.0 INTRODUCTION Thank you for this opportunity for Environmental Process, Inc. (EPI) to submit our proposal to provide Architectural, Engineering, and Environmental services for the installation of an Emergency Generator at the City of Golden Valley City Hall located at 7800 Golden Valley Road, Golden Valley, Minnesota. We are familiar with the City Hall building as we were the Architect and Engineer of Record for previous projects and also prepared the Emergency Generator Feasibility Report in 2008 for the City Hall. 2.0 SCOPE OF WORK We understand the intent of this project is to provide Architectural, Engineering, and Environmental Services for the installation of an Emergency Generator. This proposal is based on the preliminary schematic design which includes the installation of a Diesel Engine powered Emergency Generator located near the southwest comer of the City Hall building as in the Feasibility Report dated August 25, 2008. 2.1 Phase 1 - Schematic Design, Feasibility, and Construction Cost Estimate was completed in2008. 2.2 The scope of work for Phase 2 - Construction Documents is as follows: a. Preparation of registered ArchitecturallEngineering plans and specifications (contract documents) for the purpose of obtaining public (open) bids for the installation of the Emergency Generator. Includes Architectural (concrete pad, etc.) and Electrical. 2.3 The scope of work for Phase 3 - Construction Project Management I Quality Control is as follows: a. Prepare bid advertisement, submit to Owner for publication. City of Golden Valley City Hall- 2009 Emergency Generator April 8, 2009 Page 2 b. Distribution of plans and specifications to Bidders shall be done by Owner. c. Pre-bid conference meeting with minutes. d. Review Contractor questions, clarify work scope, Addendums, etc. during bidding. e. Bid opening meeting attendance, Contractor Qualification review, and bid review and recommendation. f. Review Contractor Contract, Insurance, Bonds for Owner / Contractor Agreement, (Prepared by Owner). g. Pre-construction conference meeting with minutes. h. Shop drawing and submittal review (shop drawings, schedule, payment schedule of values, samples, etc.). 1. Site observations during construction on a regular basis (as needed) during construction. An Architects' Field Report will be prepared for each site observation. Four (4) site observations and Architects' Field Reports are included. Additional site observations and field reports during construction will be extra @ $300.00 per visit. J. Contractor payment request and lien waiver verification reviews. k. Contractor/Owner change order requests and execution. 1. Final punch list site observation with documentation, preparation of substantial completion document, and one (1) follow up punch list site observation review. Additional site punch list observations and reports will be extra @ $200.00 per visit. m. Collect and assemble contractor closeout documents, Lien Waivers, IC-134, and contractor as-built plan submittal to Owner. n. EPlcan complete an as-built set of documents at an extra cost ~er Contractor submits their documents. This cost can be provided upon project completion. 3.0 CLIENT RESPONSmarrIES This proposal is based on the following client responsibilities. 3.1 Provide the existing and/or as-built building plans & specifications (Architectural, Structural, Mechanical, and Electrical). l.2 Provide any required documents to be inserted in the contract document. City of Golden Valley City Hall - 2009 Emergency Generator April 8, 2009 Page 3 3.3 Provide review of EPI's contract documents before bidding. 3.4 Provide access to the building areas as needed. 4.0 ADDmONAL SERVICES 4.1 Expansion of the scope ofproject. 4.2 Building materials suspect asbestos survey (collection and analysis of samples). The asbestos survey will only be required if suspect materials (gypsum wall board, joint compound, caulking, flooring, etc.) will be disturbed as a part of this project and has not previously been tested. 4.3 Asbestos (hazardous materials) abatement design (plans and specifications). This proposal assumes no asbestos is present in the work areas. The asbestos survey will be completed if necessary. If the existing building materials are found to be asbestos, we anticipate the additional fees for the abatement design (plans and specifications), management, and on-site monitoring shall not exceed $2,000.00. 5.0 FEE SCHEDULE Based on the services as defined above, EPI proposes a time and material not to exceed professional service fee for the total Architectural/Engineering and Project Management / Quality Control services. This fee breakdown is as follows: Phase 1 Schematic Design, Feasibility, and Cost Estimate Phase 2 Construction Documents (plans and specifications) Phase 3 Construction Project Management / Quality Control Services _ Complete $ 5,200.00 $ 5.400.00 Total Professional Fees (NTE) $10,600.00 $ 600.00 Estimated Reimbursable Expenses at actual costs - Estimated Total Project Estimate $ 11,200.00 Additional Asbestos fees afNecessarv) Limited Asbestos Survey (based on 12 samples) Asbestos Abatement Design and On-Site Monitoring $ 1,800.00 $ 2,000.00 City of Golden Valley City Hall- 2009 Emergency Generator April 8, 2009 Page 4 6.0 PRELIMINARY PROJECT SCHEDULE Preparation of Construction Documents (plans and Specifications) Bidding (Pre-Bid Meeting, Bid Opening, Bid Review and Recommendation) Bid Award / Contracts (Council Meeting, Contracts, Insurance, Bonds) . Shop Drawing Preparation, Review, and Approval Order Equipment (Generator) - Approx. 10 - 12 week Delivery Time Concrete Pad and Miscellaneous work prior to Generator Delivery Receive Equipment (Generator) Installation of Generator - Start-Up / Testing Punch List / Finalize All Work Project Close Out Documents (IC-134, Lien Waivers, Final Payment) May 2009 June 2009 July 1-15,2009 July 16-31,2009 August 1, 2009 August - October 2009 November 1,2009 ~ovemberl-30,2009 December 1-15, 2009 December 15-31,2009 Please feel free to call me at (763) 398-3040 with any questions or comments. We feel confident that we can assist you and look forward to working with you on this project. If you have any questions or find this proposal acceptable, please sign, date and return and we will schedule a date to begin. Sincerely, ENVIRONMENTAL PROCESS, INC. ~~ Denny Langer, PE AfchitecturelEngineering Manager Copy: Charles A. Lane, EPI Michael Berreau, EPI Environmental Process, Inc. 715 Florida Avenue 'South, Suite 111, GoldenValley, MN 55426-1700 Phone: 763-398-3040 . FaX: 763-398-0121 . email: epimp1slah-connect.com. www.go-epi.com .,"", , "'''''','11'''''''''' """f)',',""'",' .. ','" .... ,.. . . .,.. . . . ..' . . . . - .. . . ". :.:-; . ...... ". ;' ".:. . .. -. .. . . .... . . . .. . . . . . , .........,', ',,'" - . . . .. .' . ...... .,. " '. .',' -." . . '. . . . . ... . , . . - .. .... .... -. ... .. . ........... .. -, ," . -' . .. -... . . .... " . . , " , ' , ' , ' April 20, 2009 Ms. Jeannine Clancy Director of Public Works City of Golden Valley 7800 Golden Valley Road :Golden Valley, MN 55427 Re: . City of Golden Valley - 2009 Scope ofW ork C-2 2009 Building Maintenance Proposal for Architectural, Engineering, and Environmental Services EPI No. 09-057 Dear Ms. Clancy: 1.0 INTRODUCTION Thank you for this opportunity for Environmental Process, Inc. (EPI) to submit our proposal to provide Architectural, Engineering, and Environmental services for the 2009 Building Maintenance Project located at various City of Golden Valley Buildings. The 2009 Building Maintenance work scope shall be separated into three (3) subprojects (1. Utility Maintenance Department, 2. Fire Station #2 and#3, and 3. Storm Damage) which will all be bid as one (1) project (one specification) with separate funding from separate sources for each subproject. 2.0 SCOPE OF WORK We understand the intent of this project is to provide Architectural, Engineering, and Environmental Services for building maintenance work items. 2.1 The scope of work for Phase 1 - Schematic Design, Feasibility, and Cost Estimate are as follows: a. Field verify existing conditions, perform field measurements, verify existing project conditions for the specific building maintenance items listed below: 1.) Subproiect 1: Utility Maintenance Department Buildin2 Maintenance. a.) Replacement of caulk / sealant at control joints, main entry door, miscellaneous wall penetrations, south windows, and south window sill butt joints. b.) Preparation and painting of exterior doors and frames of the north and east service doors. c.) Preparation and painting of the wood trim and seal the joint between the wood trim and masonry around the north and east overhead doors. d.) Preparation and painting of the steel lintel above the south wall windows, east overhead door, and north overhead door. City of Golden Valley 2009 Building Maintenance April 20, 2009 Page 2 e.) Repair I seal coping at the top of the wing walls located on the south side of the building. f.) Repair masonry infill at precast concrete tee at south side of building (east and west ends). g.) Repair / patch hole at removed drains at south side of building. h.) Replace broken bricks located near the east overhead door. i.) Remove four (4) abandon dampers on east side of building and in-fill with an insulated panel. The existing louvers at the exterior of these opens to remain. j.) Replace I repair insulated glass at upper level southeast room windows. 2.) SubDroiect 2: Fire Station #2 and #3 Buildim! Maintenance. a.) Replacement of caulk I sealant at Fire Station #2 control joints, between soffit wood trim and masonry at pass-through, and miscellaneous wall penetrations. b.) Replace damaged I cracked brick at Fire Station #2. c.) Provide diverter (kick-out) flashing at the roof / wall intersection above office window at Fire Station #2. d.) Provide metal flashing at office window sill and window gasket repair I replacement at office window at Fire Station #2. e.) Preparation and painting of comer guards at Fire Station #2. f.) Remove antenna and patch wall anchors at Fire Station #2. g.) Tuck point mortar at miscellaneous exterior locations and at step crack located at SW comer in the Day Room at Fire Station #2. h.) Replacement of caulk I sealant at Fire Station #3 control joint, front windows, doors, miscellaneous wall penetrations, window sill butt joints, overhead doors, and louver. i.) Replace damaged / cracked brick near south service door at Fire Station #3. j.) Tuck point mortar at miscellaneous exterior locations at Fire Station #3. k.) Remove antenna and patch wall anchors at Fire Station #3. 3.) SubDroiect 3: Storm Dama2e Buildin2 Maintenance. a.) Repair work at various buildings as listed in the Allied Adjusters report dated March 25, 2009 as follows: Work Item Club House / Community Center B.V. Park Shelter Golf Cart Storage B.V. ParklPicnic Golf Pump House #1 Golf Pump House #2 RCV $ 5,260.93 $16,517.62 $10,235.76 $ 6,723.90 $ 729.84 $ 210.00 ACV $5,260.93 . $8,346.31 $5,117.87 $3,449.45 $ 729.84 $ 210.00 City of Golden Valley 2009 Building Maintenance April 20, 2009 Page 3 Golf Starter Par 3 Schaper Park Tennis Building B.V. Pk Golf Starter - 18 GolfRanlZe- West TOTAL $ 1,312.73 $ 664.20 $ not listed $ not listed $ not listed $41,654.98 $ 868.86 $ 664.20 $ not listed $ not listed $ not listed . $24,647.46 plus not listed item's b. Attend preliminary design review meeting with City of Golden Valley Staff to review the preliminary schematic design and estimated cost of construction for each work item. c. Finalize building maintenance work scope based on above site data and review meeting. d. Building materials suspect asbestos survey (collection and analysis of samples). The asbestos survey will only be required if suspect building materials (caulking, etc.) will be disturbed as a part of this project and has not previously been tested. 2.2 The scope of work for Phase 2 - Construction Documents is as follows: a. Preparation of registered Architectura1lEngineering plans and specifications (contract documents) for the putpose of obtaining public (open) bids for the building maintenance work scope as in Phase 1 Schematic Design and Feasibility. b. This proposal is based on the assumption that the work area is asbestos free. If asbestos containing materials are found in Phase 1 Schematic Design and Feasibility, we anticipate the additional fees for the abatement design (plans and specifications), project management (Quality Control), and on-site monitoring during the abatement shall not exceed $2,000.00 - $3,000.00. 2.3 The scope of work for Phase 3 - Construction Project Manage~ent I Quality Control is as follows: a. Prepare bid advertisement, submit to Owner for publication. b. Distribution of plans and specifications to Bidders shall be done by Owner. c. Pre-bid conference meeting with minutes. d. Review Contractor questions, clarify work scope, Addendums, etc. during bidding. e. Bid review and bid recommendation. f. Review Contractor Contract, Insurance; Bonds for Owner I Contractor Agreement, (Prepared by Owner). City of Golden Valley , 2009 Building Maintenance April 20, 2009 Page 4 g. Pre-construction conference meeting with minutes. h. Shop drawing and submittal review (schedule, payment schedule of values, samples, etc.). 1. Site observations during construction on a regular basis (as needed) during construction. An Architects' Field Report will be prepared for each site observation. Six (6) site observations and Architects' Field Reports are included. Additional site observations and field reports during construction will be extra @ $300.00 per visit. j. Contractor payment request and lien waiver verification reviews. k. Contractor/Owner change order requests and execution. 1. Final punch list site observation with documentation, preparation of substantial completion document, and one (1) follow up punch list site observation review. Additional site punch list observations and reports will be extra @ $200.00 per visit. m. Collect and assemble contractor closeout documents, Lien Waivers, IC-134, and contractor as-built plan submittal to Owner. 3.0 CLIENT RESPONSffiILITIES This proposal is based on the following client responsibilities. 3.1 Provide the existing and/or as-built building plans & specifications (Architectural, Structural, Mechanical, and Electrical). 3.2 Provide any required documents to be inserted in the contract document. 3.3 Provide review of EPI' s contract documents before bidding. 3.4 Provide access to the building areas as needed. 4.0 ADDmONAL SERVICES 4.1 Expansion of the scope of project. 4.2 Asbestos (hazardous materials) abatement design (plans and specifications), management, and on-site monitoring. This proposal assumes no asbestos is present in the work areas. The asbestos survey will be completed if necessary in Phase 1 work scope. If the existing building materials are found to be asbestos, we anticipate the additional fees for the abatement design (plans and specifications), management, and on-site monitoring shall not exceed $2,000.00 - $3,000.00. City of Golden Valley 2009 Building Maintenance April 20, 2009 Page 5 5.0 FEE SCHEDULE Based on the services as defined above, EPI proposes a time and material not to exceed professional . service fee for the total Architectural/Engineering and Project Management / Quality Control services. This fee breakdown is as follows: 'Phase 1 Schematic Design, Feasibility, and Cost Estimate Phase 2 Construction Documents (plans and specifications) Phase 3 Construction Proiect Management / Ouality Control Services $ 2,775.00 $ 7,500.00 $ 5.700.00 Total Professional Fees (NTE) $15,975.00 Estimated Reimbursable Expenses at actual costs - Estimated $ 900.00 Total Project Estimate $16,875.00 Fee Schedule ner Subnroiect (For Owners Internal Fund Allocation Only) Utility Maintenance Department $ 4,175.00 Fire Station #2 and #3 $ 5,575.00 Storm Damage (11 Buildings) $ 7.175.00 $16,875.00 Additional Asbestos Fees (IfNecessarv) Limited Asbestos Survey (based on 12 samples) Asbestos abatement design, management, and on-site monitoring $1,800.00 $3,000.00 Please feel free to call me at (763) 398-3040 with any questions or comments. We feel confident that we can assist you and look forward to working with you on this project. If you have any questions or find this proposal acceptable, please sign, date and return and we will schedule a date to begin. Sincerely, ENVIRONMENTAL PROCESS, INC. ~/~ Denny Langer, PE Senior Engineer/Project Manager Copy: Charles A. Lane, EPI Michael Berreau, EPI PROFESSIONAL SERVICES AGREEMENT This Agreement is made as of the 20th day of April, 2009, by and between the City of Golden Valley, hereinafter referred to as City, and Environmental Process, Inc. (EPI), hereinafter referred to as Consultant, with offices located at 715 Florida Avenue South, Suite 111, Golden Valley, Minnesota 55426. Witnesseth, that the City and Consultant, for the consideration herein named, agree as follows: SECTlON6/EXEITBITS The following initialed Exhibits are attached to and made a part of this Agreement: SECTION 11 GENERAL CONTRACT PROVISIONS These provisions shall be as set forth in Exhibit A. SECTION 21 SCOPE OF WORK The scope of work to be performed by Consultant is set forth in Exhibit C. The work and services to be performed hereunder and described in Exhibit C shall be referred to herein and in the General Contract Provisions as the Project. SECTION 31 COMPENSATION Compensation to Consultant for services described in this Agreement shall be as designated in the attached Exhibit D and as hereinafter descnbed. SECTION 41 WORK SCHEDULE The anticipated schedule is set forth in Exhibit C. SECTION 51 SPECIAL CONDffiONS Special conditions, if any, are as set forth in Exhibit G. CITY: CITY OF GOLDEN VALLEY ADDRESS: 7800 GOLDEN VALLEY ROAD GOLDEN VALLEY, MN 55427 BY: Linda R. Loomis SIGNATURE: TITLE: Mayor BY: Thomas D. Burt SIGNATURE: TITLE: City Manager ADDRESS: X Exhibit A General Contract Provisions X Exhibit B Definitions X Exhibit C Scope of Work X Exhibit D Compensation X Exhibit E Insurance Schedule X Exhibit F Rate Schedule SECTION 7 I ACCEPTANCE OF AGREEMENT All work and services described in this Agreement shall be performed by Consultant only after written acceptance of the City. The undersigned hereby accept the tenns and conditions of this Agreement and Consultant is hereby authorized to perform the services described herein. CONSULTANT: ENVIRONMENTAL PROCESS, INC. ADDRESS: 715 FLORIDA AVE. S., SUITE 111 GOLDEN VALLEY, MN 55426 By: Charles A~ SIGNAnrruJ, v'~(j.,e TITLE: President I CEO Professional Services Agreement Page 1 of9 EXHIBIT A GENERAL CONTRACT PROVISIONS ARTICLE 1 . GENERAL These general contract provisions are incorporated in and become a part of the Agreement to which it is attached between um, Inc., hereinafter referred to as Consultant, and the other party to the Agreement, City of Golden Valley, hereinafter ref~ to as City, wherein the City engages the Consultant to provide certain services more particularly described in Exhibit C, Scope of Work. Either party may be hereinafter ref~ to as party or, collectively, parties. The starting date will connnence when authorhed by the City. ARTICLE 2. CHANGED CONDmONS If the Consultant detennines that any services it bas been directed or . requested to perform are beyond the scope as set forth in Exhibit C or that, due to changed conditions or changes in the method or manner of administration of the Project, the ConsUltant's effort required to perform its services'under this Agreement exceeds the estimate which formed the basis for the Consultant's compensation, Consultant shall prompdy notify the City of that fact. Additional work and additional compensation for such work, and the extension of timefor completion thereof, shall be set forthin a supplemental Agreement entered into by the parties prior to proceeding with any additional work or related expenditures. Such supplemental Agreement shall be incorporated in and become a part of this Agreement. ARTICLE 3 . TERMINATION The City may by written notice terminate the Agreement or any portion thereof when it is deemed in the City's best interest to do so or the City is unable to adequately !wid payment for the Agreement because of changes in State fiscal policy, regulation or law. In the event of tennmation, copies of plans, reports, specifications, electronic drawing/data files (CADD), field data, notes, and other documents whether written, printed or recorded on any medium whatsoever, finished or unfinished, prepared by the Consultant pursuant to this Agreement and pertaining to the work or to the Project, (hereinafter ''lnstnnnents of Service"), shall be made available to the City pursuant to Article 4. All provisions of this Agreement allocating responsibility or liability between the City and Consultant shall survive the completion of the services hereunder and/or the termination of this Agreement. ARTICLE 4 . REUSE AND DlSPOSmON OFINSlRUMENTS OF SERVICE During the course of the work, the Consultant shall (if requested,) make available to the City copy(ies) of the Instruments of Service. At the time of completion or tennination of the work, the Consultant shall make such Instruments of Service available to the City upon (i) payment of amounts due and owing for work performed and expenses incurred to the date and time of termination, and (ii) fulfillment of the City's obligation under this .Agreement and such Instruments of Service shall become the property of the City. Any use or re-use of such Instruments of Service by the City or others without written verification or adaption by the Consultant except for the specific purpose intended will be at the City's risk and full legal responsibility. The City agrees, to the fullest extent permitted by law, to indemnify and hold the Consultant harmless from any claim, liability or cost (including reasonable attorneys' fees, and defense costs) arising or allegedly arising out of any unauthorhed reuse or modification of these Instnnnents of Service by the City or any person or entity that acquires or obtains the reports, plans and specifications from or through the City without the written authorb:ation of the Consultant. Under no circumstances shall transferofInstrutnents of Service be deemedasale by Consultant, and Consultant makes no warranties, either expressed or implied, of merchantability and fitness for any particular purpose. Consultant shall cause any contractforwork between Consultant and a third party for work under this Agreement to contain the terms and provisions of this Article 4 relating to the Instruments of Service created by such subcontractor. ARTICLE 5 . AGREEMENT As used herein Agreement means: (1) The Agreement for engineering, surveying and planning services; (2) These general contract provisions; (3) The attached exhibits; and (4) The supplemental Agreement, where appliCable. As to superseding effect, the attached exhibits shall govern over these general provisions, and the supplemental Agreement, where applicable, shall govern over attached exhibits and these general provisions. The Agreement constitutes the entire understanding between the Consultant and City. The Agreement supetSedes all prior written or oral understanding and may only be amended, supplemented, modified or cancelled by a duly executed written instrument. ARTICLE 6. RESPONsmnnms fA. In order to permit the Consultant to perform the services required under this Agreement, the City shall, in proper time and sequence and where appropriate to the Project, at no expense to the Consultant: 1. Provide available information as to its requirements for the Project. 2. Guamntee access to and make all provisions for the Consultant to enter upon public and private lands to enable the Consultant to perform its work under this Agreement. 3. Provide such legal, accounting and insurance counseling services as may be required for this Project, (such as review of insurance certificates, bonding clarifications and legal questions regarding property acquisition or assessment). 4. Notify the Consultant whenever the City observes or otherwise becomes aware of any defect in the Project. 5. The Golden Valley City Council or a person or persons designated, shall act as City's representative with respect to the services to be rendered under this Agreement. The City's representative shall have the authority to transmit and receive instructions and information and to interpret and define the City's policies with respect to services rendered by the Consultant. 6. Furnish data (and professional interpretations thereof) prepared by or services performed by others, including where applicable, but not limited to, previous reports, core borings, probings and sub. surface explorations, hydrographic and hydrogeologic surveys, laboratory tests and inspection. of samples, materials and equipment; appropriate professional interpretations. of the foregoing data; environmental assessment and impact statements; property, boundary, easement, right-of-way, topographic and utility surveys; property description; wning, deed and other land use restrictions; and other special data. 7. Review all reports, sketches, drawings, specificationS and other documents prepared and presented by the Consultant, obtain advice of legal, accounting and insurance counselors or others as City deems necessary for such examinations and render in writing decisions pertaining thereto within reasonable times so as not to delay the performance by the Consultant of the services to. be rendered pursuant to this Agreement. 8. Where appropriate, endeavor to identify, remove and/or encapsulate asbestos products or materials or pollutants located in the project area prior to accomplishment by the Consultant ofany work on the Project. 9. Provide record drawings and specifications for all existing physical plants of facilities which are pertinent to the Project. 10. Where available provide other services, materials, or data as may be set forth. 11. Bear all costs incidental to compliance with the requirementS of this article. 12. Provide the foregoing in a manner sufficiently timely so as not to delay the performance by the CoDsultant of the. services in accordance with the Contract Documents. B. Consultant shall be entided to rely on the accuracy and completeness of information or services furnished by the City or others employed by the City. Consultant shall endeavor to verify the information provided and shall prompdy notify the City if the Consultant discovers .that any information or services furnished by the City is in error or is inadequate for its purpose. Exhibit A - General Conttact Provisions Page 2 of9 ARTICLE 7 . OPINIONS OF COST Opinion, if any, of probable cost, construction cost, financial ev~uations, feasibility studies, economic analyses of alternate solutions and utilitarian considerations of operations and maintenance costs provided for are made or to be made on the basis Of the Consultant's experience and qualifications. and represent the Consultant's best judgment as aD. experienced and qualified professional design t'irmo The parties acknowledge, however, that the Consultant does not have control over the cost of labor, material, equipment or services furnished by others or over market conditions or contractor's methods of detennining their prices, and any evaluation of any facility to be constructed or acquired, or work of necessity must be speculative until completion of construction or acquisition. Accordingly, the Consultant does not guarantee that proposals, bids or actual costs win not vary from opinions, evaluations or studies submitted by the Consultant. ARTICLE 8. INSURANCE Consultant has procured insurance in the types and amounts set forth in ExhibitE, and shall cause any work subcontracted to a third party to be completed under a subcontract requiring the procurement of insurance in the types and amounts set forth in Exhibit E. The Consultant further agrees to furnish certificates of the insurance set forth in Exhibit E to the City, naming the City as an additional insured, not later than ten (10) days after eXecution of this Agreement and will provide the City with written notice ten (10) days prior to cancellation of the policy or any matetial change in the coverage period. ARTICLE 9. ASSIGNMENT This Agreement, intended to secure the service ofindividuals employed by and through the Consultant, shall not be assigned or transferred without written consent of the City. ARTICLE 10. CONTROLLING LAW This Agreement is to be governed by the laws of the State of Minnesota. ARTICLE 11 . NON. DISCRIMINATION Consultant will comply withthe provisions of applicable Federal, State and Local Statutes, Ordinances, and Regulations pertaining to human rights and non-discrimination, and shall cause any contract for work subcontracted to a third party to be completed under a subcontract requiring compliance with Article 11 herein. ARTICLE 12 . CONFUCT RESOLUTION In an effort to resolve any conflicts that arise during the design or construction of the project or following the completion of the project, the City and Consultant agree that all disputes between them arising out of or relating to this Agreement shall be submitted to nonbinding mediation unless the parties mutually agree otherwise. ARTICLE 13 . CONFIDENTIALITY The Consultant agrees to keep confidential and not to disclose to any person or entity, other than the Consultant's employees, subconsultants and the general contractor and subcontractors, if appropriate, any data and information not previously known' to and . generated by the Consultant or furnished to the Consultant and marked CONFIDENTIAL by the City. These provisions shall not apply to information in whatever form that comes into the public domain, nor shall it restrict the Consultant from giving notices required by law or complying with an order to provide information or data when such order is issued by a court, administrative agency or other authority with proper jurisdiction, or if it is reasonably necessaty for the Consultant to defend himself or herself from any suit or claim. ARTICLE 14 LOCATION OF UNDERGROUND IMPROVEMENTS The Consultant and/or his authorized subconsultant will conduct the research that in his or her professional opinion is necessaty and will prepare a plan indicating the locations intended for subsurface penetrations with respect to assumed locations of underground improvements. Such services by the Consultant or his or her subconsultant will be performed in a manner consistent with the ordinaty standard of care. The City recognizes that the 'research may not identify all underground improvements and that the infonnation upon which the Consultant relies may contain errors or may not be completed. The City agrees, to the fullest extent permitted by law, to waive all claims and causes of action against the Consultant and anyone for whom the Consultant may be legally liable, for damages to utlderground improvements resulting from subsurface penetration locations established by the Consultant, except that the City does not release the Consultant, its principals, employees, agents and consultants from negligence which causes damage to underground improvements resulting from subsurface penetration locations established by the Consultant. ARTICLE 15 . REVIEW It is understood and agreed by the Consultant that the City, throughits authorized agents shall be the sole and final judge of the fitness of the work and its acceptability, and no payment shall be made to the Consultant hereunder until the work shall have been found acceptable by the City through its authorized agents. The Consultant shall be liable for any work done by asubcontractorfor services rendered under this Agreement. The City shall be entided to pay any such subcontractor direcdy in its own discretion. ARTICLE 16. INDEMNIFICATION The Consultant agrees, to the fuUest extent permitted by law, to indemnify and hold the City, their elected officials, officers, agents and employees harmless from any damage, liability or cost (including reasonable attorneys' fees and costs of defense) to the extent caused by the provision of services, errors or omissions in the performance of professional services under this Agreement and those of Consultant, subconsultants or anyone for whom the Consultant is legally liable. The City agrees to the fullest extent permitted by law, to indemnify and hold the Consultant harmless from any damage, liability .or . cost (including reasonable attorneys' fees and costs of defense) to the extent caused by the City's negligent acts, errors or omissions and those of his or her contractors, subcontractors or consultants or anyone for whom the City is legally liable, and arising from the project that is the subject of this Agreement. Exhibit A - General Contract Provisions Page 3 of9 EXHIBIT B DEFINITIONS B.l "HOURLY BASIS" means that the fee shall be determined by multiplying the number of hours of work performed, times the direct personnel cost for the appropriate labor classification shown on the fee schedule. B.2 "EXPENSES" means costs incurred in the performance of the services described herein or authorized by the City which are not direct personnel costs or overhead costs. Expenses include long distance telephone charges, subconsultant fees, testing costs, outside reproduction and printing costs, equipment rental costs and similar costs. B.3 "IMPROVEMENT PROJECT" means public improvement projects authorized by the City and paid for with public funds. BA "INSTRUMENTS OF SERVICE" means the specifications, plans and other documents (including those in electronic form), prepared by Consultant and its subcontractors of this project. Exhibit B - Definitions Page 4 of9 EXHIBIT C SCOPE OF WORK SCOPE OF SER,VICES FOR IMPROVEMENT PROJECTS See Attached 2009 Scope Letters dated: C-l: April 8, 2009 C-2: April 20, 2009 Exhibit C - Scope of Work PageS of 9 SCHEDULE a. 2009 TENTATIVE SCHEDULE - Cl Work Area Dates Preparation of Construction Documents (plans and Spec.) May 2009 Bidding (Pre-Bid Meeting, Bid Opening, Bid Review and Reconunendation) June 2009 Bid Award / Contracts (Council Meeting, Contracts, Insurance, Bonds) July 1-15, 2009 Shop Drawing Preparation, Review, and Approval July 16-31, 2009 Order Eauipment (Generator) - Approx. 10 - 12 week Delivery Time August 1, 2009 Concrete Pad and Miscellaneous work prior to Generator Delivery August - October 2009 Receive Eauipment (Generator) November 1, 2009 Installation of Generator - Start-Up / Testing November 1-30,2009 Punch List / Finalize All Work December 1-15,2009 Project Close Out Documents (IC-134, Lien Waivers, Final Payment) December 15-31, 2009 b. 2009 TENTATIVE SCHEDULE - C2 Work Area Dates Prepare Schematic Design and Cost Estimate (Feasibility) May 2009 Design Review Meeting May 2009 Prepare Construction Documents (plans and Specifications) June 2009 Bid Advertisement and Bid~ June - July 2009 Bid A ward, Secure Contracts, Insurance, Bonds, Permits July - August 2009 . Shop Drawing Submittal and Review/Approval August 2009 Contractor Mobilization - Begin Work: August 2009 Substantial CompletionlPunch List September 2009 Contractor to Complete all work October 2009 Exhibit C - SeODe of Work PaRe 6 of9 EXHIBIT D COMPENSATION The City shall pay the Consultant for Basic Services rendered on an hourly basis as mutually agreed to and deemed fair and reasonable for the particular work to be performed. Consultant's current fee schedule with hourly rates is attached to this contract as Exhibit F. The rate schedule is for 2009, and will remain in effect for the term of the project. The following are the compensation terms: D.I RecciptofPayment In order to receive payment for services, the Consultant shall submit monthly invoices describing in detail the services performed in accordance with this contract. The City . shall pay Consultant before ten (10) days after receipt of (a) each monthly invoice, (b) a certificate from the City that work has been completed, and (c) an opinion of the City's attorney that the City is then obligated to pay the sum contracted for herein. The personnel who worked on the project shall be included in the invoice. Invoices shall include daily reports detailing the time for each day that the individual was working on the project. All invoices will include the City representative who authorized the work. All payments to the Consultant shall be made payable to Environmental Process. Inc. and the City does not assume and shall not have any responsibility for the allocation of payments or obligations of the Consultant to third parties. D.2 Expenses Consultant shall be reimbursed for reasonable expenses related to the scope of services of this contract and/or individual projects. The Consultant shall be reimbwsed for the actual cost of the expenses, without markup. Typical expenses include, but are not limited to, the following: · Plan and specification reproduction fees . Costs related to the development of project photos The following shall not be considered reimbursable expenses: · Mileage · Mobile phone usage . Computer equip~ent time . Preparation and reproduction of common correspondence · Mailing 'Cvh:.....,. T\ _ 1""",Y'rt1'to",,"~<!Ilttnn Palle 7 of9 GENERAL LIABILITY Carrier: Type of Insurance: . Coverage: AUTOMOBILE LIABILITY Carrier: Type of Insurance: Coverage: EXIllBIT E INSURANCE SCHEDULE Acord Commercial General Liability General Aggregate Products-Comp/Ops Aggregate Personal & Advertising Injury Each Occurrence Integrity Mutual Insurance Co. Hired Autos Non-Owned Autos Combined Single Limit WORKER'S COMPENSATION AND EMPWYERS' LIABILITY Carrier: Coverage Acord Statutory Each Accident Disease-Policy Limit Disease-Each Employee PROFESSIONAL LIABILITY (ERRORS AND OMISSIONS) Carrier: Coverage: CNA $2,000,000 each claim/$2,000,000 annual aggregate Certificates of Insurance will be provided upon request. $2,000,000 $2,000,000 $1,000,000 $1,000,000 $1,000,000 $ 500,000 $ 500,000 $ 500,000 Exhibit F - Rate Schedule Pae:e 8 of9 Exhibit F 2009 Rate Schedule See attached Attachment Fl - 2009 Fee Schedule Exhihit F - Rate Schedule PaRe 9 of9 000090/480568/959626_1 . . '" . .... ..::>:.:~:\: .::, Environmental Process, Inc. e.:,..,.... '.'p: '.:'....... ....'..J. .'.: .. '....' ...:....:'.:':>.'.:.: 715 Florida Avenue South,Suite 111 . .. ..: '. ".' , .. :, ....:...' ,:::. Golden Valley. MN 55426 '.' ....': '. ' .... . :; Phone: (763) 398-3040 Fax: (763) 398-0121 : . " .. Emall: eplmpls@rconnect.com . . .. .. . .. -. . Attachment F1 2009 Fee Schedule January 1, 2009 Note: All Professional Fees are based on a hourly rate - no extra overtime costs. 1 Professional Fees Forensic Design/Construction Diagnostician/Claims Evaluatorllnvestigator Associate Design/Construction Diagnostician/Claims Evaluator/Investigator Design/Construction/Private Investigator Indoor Air Quality Diagnostician Principal Project Manager Sr. Indoor Air Quality Diagnostician Licensed Principal ArchitectlEngineer/lnterior Designer Certified Industrial Hygienist/Safety Professional Licensed Code Specialist Sr. Project Manager Environmental Manager/Designer/lnspector/Planner/Coordinator Licensed Asbestos Designer/Inspector/Management Planner Licensed Lead Inspector/Risk Assessor Licensed Sr. Structural/MechanicallElectrical Engineer Sr. Construction Diagnostician/Claims Evaluator/lnvestigator Licensed Sr. Asbestos Designer/lnspector/Management/Planner Construction Specifier/Estimator/Plans Examiner/Special Inspector Licensed Asbestos Inspector/Management Planner Associate Designer (Architect)/Asbestos/Lead Designer Industrial Hygienist Associate Mechanical/Structural/Electrical Engineer Associate Construction Diagnostician/Claims Evaluator/lnvestigator Associate Engineer Technician Licensed Asbestos Building Inspector Industrial Hygiene TechnicianlMicro/Asbestos/Lead/Radon Environmental Analytical TechnicianlNiosh 582 Certified AlE Draftsman/Cad Operator Environmental Technician/Licensed Asbestos Site Supervisor Associate Environmental Technician Word Processor/Clerical/Administration Leaal Professional Fees Work-Up Testimony Deposition/Mediation/ArbitrationlTrial 225.00 195.00 195.00 180.00 175.00 155.00 150.00 150.00 150.00 150.00 150.00 150.00 150.00 145.00 135.00 130.00 118.00 100.00 100.00 100.00 97.00 89.00 77.00 77.00 74.00 74.00 72.00 66.00 64.00 47.00 Per Fees Above 250.00 2 Analytical Expenses Lead - water, paint soil !;:Iemental Analysis (PIXE) Mlcrobiological- Tease, Air, Bulk, Surface Toxic Characteristic Leachate Procedure (TCLP) Lead Air Silica Air - Respirable MVOC - (AIHA EMPAT Protocol) Volatile Organic Compounds/OVM Summa Canister Particulate Sample (Macroscopic or Quantitative) Asbestos Bulk - AHERA Methodology (PLM) Page 2 of 3 1-5 samples 5-20 samples 21-40 samples Regular Rush Regular Rush Flec - Voc Regular Rush Rush Regular 0-50 samples 51-100 samples 101-up Rush (No Discounts) 12 to 24 hour~ Emergency Rush < 12 to 8 hours 40/sample 325/sample 100/each 95/each 90/each 2,500/sample 84/sample 240/sample 520/sample 920/sample 325/sample 400/sample 500/sample Rate Varies 310/sample 330/sample 26/sample 24/sample 221sample 38/sample 60/sample TEM Asbestos Air Samples - (quoted/project basis - cost vary - quantity & time frame) TEM ;:: 72 Hours TEM ;:: 48 Hours TEM ;:: 24 Hours TEM 6 Hours TEM Prep Asbestos (PCM) (NIOSH 582) Air Samples (PCM) Air ) ~ Regu/ar/Rush/QAlQC Weekend and Holiday Lab Opening Cost Extra 3 Equipment Use Tracer Analysis Infra Red Service 100lhour 135/sample 150/sample 180/sample 250/sample 10/sample 20/sample 510/site 550/day XRF Lead Analyzer Thermal Sensor Carbon Monoxide Sensor Carbon Dioxide Sensor With Recorder 80/hour 500/day 50/day 110/day 110/day Page 3 of 3 3 Equipment Use. (continued) Portable Carbon DioxidelT emp Sensor Moisture Content Sensor - (Delmhorst ..Tramex) Anderson TM Sampler Anderson TM Flow Pump Calorimetric/Air Flow Tubes Temperature/Relative Humidity with Recorder Quad Meter (Confined Space Monitor) Solomat™ Monitor Two Way Radio - Per Day Per Radio Portable. Micromanometer Recording Manometer Air Pumps - High Flow Air Pumps - IH - Low Flow Data Logger XRF Lead Analyzer PAPR - Piggyback Filter (microbiological- asbestos) PAPR HEPA Filter (asbestos) Half Face HEPA Organic Filter Half Face HEPA Filter Tyvec Suits - Asbestos Tyvec Suits - Micro - Polypropylene HEPA Vac Negative Air Machine - 2000/1000 CFM Auto CADD Hammer Drill/Reciprocal Saw Ozone Unit 55/day 95/day 110/day 110/day 20/tube 11 O/day 110/day 120/day 10/day 30/day 35/day 25/day 30/day 90/day 550/day 32/each 27/each 221each 14/each 16/each 23/each 30/each 25/day 8lhour 40/day 30/day 4 Other Expenses Travel - Mileage Other Expenses Electronic Communication Meals Sub Contractor or Contractors Digital Camera/Photos IRS Rate at cost 2% of Professional Fees-(Maximum $150.00) government rate cost plus 20% markup $1.00/each alley M morandum Council 763-593-8006/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting May 19, 2009 Agenda Item 3. H. Board/Commission Reappointments Prepared By Linda Loomis, Mayor Summary Each year the City Council conducts interviews with persons who have applied to serve on a board and/or commission. After the interviews are conducted the Council makes their appointments. Recommended Action Motion to make the following reappointments: Human Services Foundation: Dan Blumb 3 year term Chris Monroe 3 year term Environmental Commission: Jon Pawluk 3 year term Rich Baker 3 year term Board of Zonina Appeals: Mike Kisch 1 year term Nancy Nelson 1 year term Chuck Segelbaum 1 year term Luke Weisberg 1 year term Buildina Board of Review: Angie Knodel 3 year term term expires - 5/1/12 term expires - 5/1/12 term expires - 5/1/12 term expires - 5/1/12 term expires - 5/1/10 term expires - 5/1/10 term expires - 5/1/10 term expires - 5/1/10 Alternante term expires - 5/1/12 alley Memorandum Finance 763-593-8013 I 763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting May 19, 2009 Agenda Item 3. I. Call for Administrative Hearing ~ Appeal of Repeat Nuisance Service Call Fee ~ 2230 Douglas Drive North ~ 6/2/09 Prepared By Stacy Altonen, Police Chief Susan Virnig, Finance Director/City Clerk Summary At their meeting of May 19 the City Council should call for an administrative hearing for the appeal of a repeat nuisance service call fee at 2230 Douglas Drive North for June 2, 2009 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 June 2 at 6pm (1 page) City Code Section 10.85, Subdivision 6 (1 page) Recommended Action Motion to call for an Administrative Hearing on an appeal the Repeat Nuisance Service Call Fee for 2230 Douglas Drive North on June 2, 2009 at 6 pm. ~.dgO'dro_vJl~ Y May 4, 2009 Mr. Loren Zemple 2230 Douglas Drive North Golden Valley, MN 55422-3357 Dear Mr. Zemple: 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 2230 Douglas Drive North. The administrative hearing date has been scheduled for Tuesday, June 2,2009 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. Sue Virnig City Clerk Enclosure 9 10.85 Subdivision 6. Right to Appeal Repeat Nuisance Service Call Fee Upon the imposition of a repeat nuisance service call fee, the City shall inform the owner or occupant of his/her right to a hearing on the alleged repeat nuisance service calls. The owner or occupant upon whom the fee is imposed may request a hearing by serving upon the City Clerk within five (5) business days of the mailing of the fee invoice, inclusive of the day the invoice is mailed, a written request for hearing. The hearing shall be heard by the City Council within thirty (30) days of the date of the owner or occupant's request for hearing. The hearing shall be conducted in an informal manner and the Minnesota Rules of Civil Procedure and Rules of Evidence shall not be strictly applied. The hearing need not be transcribed, but may be transcribed at the sole expense of the party who requests the transcription. After considering all evidence submitted, the City Council shall make written findings of fact and conclusions on the issue of whether the City responded to or rendered services for repeat nuisance service calls of the same or similar kind on three (3) or more occasions within a three hundred sixty five (365) day period. The findings and conclusions shall be served upon the owner or occupant by U.S. Mail within twenty (20) days of the hearing. An owner or occupant's right to a hearing shall be deemed waived if the owner or occupant fails to serve a written request for hearing as required herein or fails to appear at the scheduled hearing date. Upon waiver of the right to hearing, or upon the City Council's written findings of fact and conclusions that the repeat nuisance call service fee is warranted hereunder, the owner or occupant shall immediately pay the fee imposed. Golden Valley City Code Page 1 of 1 alley Memorandum Finance 763-593-8013/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting May 19, 2009 Agenda Item 3. J. Receipt of April 2009 General Fund Budget Report Prepared By Sue Virnig, Finance Director Summary The monthly General Fund Budget Report provides a progress report on the General Fund operations for 2009. The revenues and expenditures show current month actual and year-to- date actual compared to the 2009 approved budget. The 2009 unallotment from the State is estimated at $325,000. Attachments April 2009 General Fund Budget Report - unaudited (2 pages) Recommended Action Motion to receive and file the April 2009 General Fund Budget Report. City of Golden Valley Monthly Budget Report - General Fund April, 2009 (unaudited) Percentage Of Year Completed 33.00% Revenue: Over % 2009 April YTD (Under) of Budget Type Budget Actual Actual Budget Received Ad Valorem Taxes $11,796,685 0 $0 ($11,796,685) 0.00% (1) Licenses 151,425 69,727 106,535 ($44,890) 70.35% Permits 703,000 90,490 201,092 ($501,908) 28.60% Federal Grants - Vest Program 0 0 0 $0 State Aid 10,500 (3,209) 14,280 $3,780 136.00% Charges For Services: General Government 36,020 8,185 10,486 ($25,534) 29.11 % Public Safety 172,080 19,822 40,229 ($131,851) 23.38% Public Works 102,000 11,644 32,660 ($69,340) 32.02% Park & Rec 391,050 42,745 144,361 ($246,689) 36.92% Other Funds 1,187,000 100 12,512 ($1,174,488) 1.05% Fines & Forfeitures 280,000 19,938 55,340 ($224,660) 19.76% (2) Interest On Investments 230,000 0 0 ($230,000) 0.00% (3) Miscellaneous Revenue 210,940 2,312 6,659 ($204,281) 3.16% Transfers In 175,000 0 0 ($175,000) 0.00% TOTAL Revenue $15,445,700 $261 ,754 $624,154 ($14,821,546) 4.04% Notes: (1) The first half taxes will not be received until July. (2) Fines and Forfeitures is for March. (3) Investments will be booked at year end. Percentage Of Year Completed 33% (unaudited) Expenditures: Over % 2009 April YTD (Under) Of Budget Division Budget Actual Actual Budget Expend. Council $333,565 33,833 133,486 ($200,079) 40.02% (5) City Manager 820,770 62,490 239,098 (581,672) 29.13% Admin. Services 1,555,470 93,567 376,072 (1,179,398) 24.18% Legal 115,000 12,069 25,473 (89,527) 22.15% (1) General Gov't. Bldgs. 602,500 50,022 178,543 (423,957) 29.63% Planning 356,490 19,340 107,814 (248,676) 30.24% Police 4,531,630 327,330 1,397,735 (3,133,895) 30.84% Fire and Inspections 1,549,690 124,846 482,903 (1,066,787) 31.16% (2) Public Works Admin. 312,430 26,016 97,939 (214,491) 31.35% Engineering 674,750 47,694 147,858 (526,892) 21.91% Streets 1 ,400,985 74,370 327,953 (1,073,032) 23.41% Community Center 77,125 5,320 20,599 (56,526) 26.71 % Park & Rec. Admin. 642,845 48,323 198,195 (444,650) 30.83% Park Maintenance 976,035 74,837 249,277 (726,758) 25.54% Recreation Programs 432,680 22,453 80,802 (351,878) 18.67% Risk Management 248,765 124,994 130,764 (118,001 ) 52.57% (3) Transfers Out 814,970 0 0 (814,970) 0.00% (4) TOTAL Expenditures $15,445,700 $1,147,504 $4,194,511 ($11,251,189) 27.16% (1) This includes March ytd legal bill. (2) Paid on Call Firefighters are now being paid monthly versus semi~annually. (3) This includes two quarterly payments. (4) Transfers will be made in July. (5) This amount includes services for YMCA and Home Free Shelter. Hey Memorandum City Administration/Council 763-593-8096 I 763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting May 19, 2009 Agenda Item 3. K. Approval of Amended Employee Handbook Prepared By: Paula A. Graff, Human Resources Coordinator Summary The Employee Handbook will be updated to reflect the following changes: Section 6.06 Time Clock Policy Adds section addressing the recording of time with the recent installation of time clocks at Brookview Golf Course. Section 7.11 Paid Time Off Adds section which outlines the provisions under which new employees will accrue paid time off. Paid time off is earned in lieu of earning separate vacation and sick leave and is currently only available to employees hired after January 1, 2009. Section 7.40 Family Medical Leave Revises FMLA section to account for the updates to the Family Medical Leave Act (FMLA) recently made by the US Department of Labor. The new FMLA provisions clarify a number of issues such as notice provisions, serious health conditions and medical certifications. Section 7.41 Military Leave Adds a section relating to Military Leave incorporating the new provisions of the FMLA made by the US Department of Labor. The section provides for two new types of leave including Military Caregiver Leave and Qualifying Exigency Leave for members of the National Guard and Reserves. Section 10.15 Tuition Reimbursement Amends the city's tuition reimbursement policy to clarify when city reimbursement will be reduced by other financial aid (such as the GI Bill, scholarships and grants). It also requires that employees get a grade of "B" or better in order for the employee to be eligible for city reimbursement. The policy used to allow the employee to get a grade of "C" or better. Section 11.60 Idling Policy Adds section about the City's idling policy outlining when it is appropriate for city vehicles to be left running. This policy was put into place back in August 2008. Attachments Resolution Adopting Amendments to the Employee Handbook (1 page) Recommended Action Motion to adopt Resolution Adopting Amendments to the Employee Handbook. Resolution 09-28 May 19, 2009 Member introduced the following resolution and moved its adoption: RESOLUTION ADOPTING AMENDMENTS TO EMPLOYEE HANDBOOK WHEREAS, the Employee Handbook was effective January 1, 1991, was adopted by Resolution 9-21 on February 1991; and amended by Resolution 92-3 on January 7, 1992; and WHEREAS, the Edited Employee Handbook dated May 6, 1996, wa~ adopted by Resolution 96-56 on May 22,1996; and WHEREAS, a completely revised Employee Handbook dated January 1, 2006, was adopted by Resolution 06-17 on March 6,2006; and WHEREAS, the handbook was amended by Resolution 06-83 on December 19, 2006; WHEREAS, the handbook was amended by Resolution 07-75 on December 18, 2007; WHEREAS, this handbook adopted by Resolution 09-28 has again been amended to include new City policies and procedures, comply with recently enacted state and federal laws and clarify language of existing policies in a manner that involves a partial reprinting of certain pages of the handbook; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Golden Valley that the amendments to the "City of Golden Valley Employee Handbook" dated January 1, 2006, are hereby adopted, and the revised policies supersede all previously adopted policies and procedures except those contained in approved union contracts. 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 Memorandum Planning 763-593-8095/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting May 19, 2009 "60 Days" Deadline: May 29, 2009 Agenda Item 4. A. Public Hearing - Ordinance No. 418 - Conditional Use Permit 09-125 - 6210 Wayzata Boulevard - Art Holdings (B2B Segway), Applicant Prepared By Joe Hogeboom, City Planner Summary At the April 27 meeting of the Planning Commission, the Commission recommended approval of Conditional Use Permit #125 that would allow for sale and service of electronic vehicles (Segways) at 6210 Wayzata Boulevard. Art Holdings, Inc. owns and operates the facility, and is the party officially requesting the Conditional Use Permit. The sale and service of automobiles are allowed by condition in the 1-394 Mixed Use Zoning District. City staff and the Planning Commission feel that the proposed use is in compliance with the ten factors in the City Code that determine the eligibility of a conditional use. Included in the Planning Commission's recommendation are seven conditions. The purpose of the conditions is to limit the size and scope of the proposed operation, and its impacts on surrounding properties. The conditions are included, in their entirety, in the minutes of the Planning Commission meeting. The Planning Department feels that the proposed use is compatible with the 1-394 Mixed Use Zoning District, and would add a unique combination of uses at the Art Holdings Building, which intends to continue to operate a portion of the site. Attachments Location Map ( 1 page) Planning Commission Minutes dated April 27, 2009 (6 pages) Memo to Planning Commission dated April 21, 2009 (3 pages) Memo from Deputy Fire Marshal Ed Anderson dated April 9, 2009 (1 page) Memo from City Engineer Jeff Oliver dated April 17, 2009 (1 page) Applicant's Narrative (2 pages) Site Plans (2 pages) Ordinance No. 418, Approval of Conditional Use Permit Number 09-125,6210 Wayzata Boulevard, Art Holdings (B2B Segway), Applicant (2 pages) Recommended Action Motion to approve Ordinance No. 418, Approval of Conditional Use Permit Number 09-125, 6210 Wayzata Boulevard, Art Holdings (B2B Segway), Applicant (2 pages) 0 0 0 0 \II 102 0 ~ 0 0 ! ~ 0 0,:0 0 0 0 . 8liO \II ~ 8 ~ 700 6620 6440 90Ii I Subject Property I \ U'I 6400 ~ i 8 1.1.\ 84G QOlI ....... ,. .~,. -EIlSrJll"t 394 .. (l) ~~""'''''~s" Cafr.F'4\l!iCi !.OGISGlS:!I:l5 o 6100 o 0 00 0 0 o 0 00 0 0 ~105 U 0 0 0 HI o !.Jl,lffl.""AV!!! o II 5900 o a .59211 . PARt( pLACE BLVOS TOWS U94 IIlfTERST411! 3M 3ll6t1 . EB 1394 TO 58 HWY100 S Regular Meeting of the Golden Valley Planning Commission April 27, 2009 A regular meeting of the Pia ing Commission was held at the Golden Valley City Hall, Council Chambers, 780 Golden Valley Road, Golden Valley, Minnesota, on Monday, April 27, 2009. Chai Keysser called the meeting to order at 7 pm. TH se present were Planning Commissioners Cera, Eck, Keysser, Kluch McC , Schmidgall and Wal hauser. Also present was Director of Develo ent Mark Grimes, C Planner Joe Hogeboom and A Assistant 'sa Wittman. 1. noted 11 at the word "said" is raph on page seven and auser and motion c ied unanimously to with the above noted corr tions. 2. g - Conditional Use Permit - 6210 Wayzata Blvd.- '.0.... .,-..-....,_. ddreS'~ - 6210 Wayzata Blvd. P~fp6~e - To allow for the sale and repair of electric vehicles in the Mixed Use zoning district Hogeboom explained that the applicant is requesting a Conditional Use Permit in order to allow B2B Segway/Segway Minnesota to sell and service electric vehicles in the Art Holdings building located at 6210 Wayzata Blvd. He noted that the property is zoned Mixed Use and is guided on the Comprehensive Plan for Mixed Use. Hogeboom stated that this is the first request for a Conditional Use Permit in the Mixed Use zoning district. He explained that the Mixed Use zoning district has a Minutes of the Golden Valley Planning Commission April 27, 2009 Page 2 provision in it that allows conditional uses in the Commercial zoning district to be permissible in the Mixed Use zoning district. Hogeboom referred to his staff report and discussed the ten factors used when reviewing a Conditional Use application. He stated that staff feels there will be no negative effects as a result of this proposed use and has determined that this proposed use does not conflict with the Comprehensive Plan, it will not affect property values and it will not impact traffic in the area therefore, staff is recommending approval of this request with the following conditions: McCarty asked if condition nu on the square footage of the number of employees wa number of employees i property has adequate requirements. ipment. all be met at all times. 1. All signage must adhere to City sign guidelines for the 1-394 District. 2. The number of employees on the site at anyone time s 3. The hours of normal operation shall be Monday throug pm. 4. All improvements to the building must meet the,~ity's 5. All requirements must be met for the installation' 6. All other applicable local, state and federal Kluchka stated that condition number three ss;ms too necessary. Hogeboom agreed and stat' ou conditions of approval were taken from pli trictive and asked if it is f operation listed in the arrative. ding number of employees is based t licant's narrative. Hogeboom said the applicant's narrative. Keysser asked if the vailable parking. Hogeboom noted that this se. etween Art Holdings, C. Chase Company and IS understanding that C. Chase Company is related to e building and that Segway is the company proposing to i,finess. Grimes clarified that C. Chase Company is the real Idings. f the things he looks for in proposals in the Mixed Use zoning ey measure against the use of the zoning. He asked if the Mixed Use zoning ation made this more or less necessary to provide a Conditional Use Permit. Hogeboom said the Mixed Use zoning district has made it easier in this case for the applicant because permitted and conditional uses in the Commercial zoning district are allowed in the Mixed Use zoning district with a Conditional Use Permit. Kluchka referred to applicant's narrative regarding their proposed sidewalk and the applicant using that sidewalk to display and demonstrate their product. He asked if staff feels that is an appropriate use for a sidewalk. Hogeboom said ordinarily that would not be an appropriate use for a sidewalk but in this case the proposed sidewalk is on their property, not in city right-of-way. He said he feels that part of the intent of Minutes of the Golden Valley Planning Commission April 27, 2009 Page 3 the Mixed Use zoning district is to have some retail uses brought out to the sidewalk. He added that when the applicant installs the proposed sidewalk he will have to work with the city's Engineering Department regarding necessary permits. Kluchka said he would like the Planning Commission to have additional discussion about allowing product sales and display on sidewalks when the intent in the 1-394 Corridor was to encourage restaurants and seating on sidewalks. Waldhauser said she realizes that there will be some industrial, commercial and office uses in the Mixed Use zoning district but she thinks the City is really looking for retail businesses that serve individuals and have a street presence. She that in this case it looks like the showroom is going to be on the second lev~~~t level will be a service operation but it looks like the street front are . t ispla <f'" ea that Art Holdings has had at this property. Greg Hennes, Owner, Art Holdings, 6210 Wayzata Blvd., t t~lbuilding is 26,000 square feet and he is looking for a tenant to.Jakee space because it is too big for Art Holdings. He explained .... will continue to operate in this building and will occupy approxtlll of the building; B2B Segway will occupy approximately one-third qlj1the b g. stated that the upper floor for Art Holdings is used for office, showrQ~im and ail space. For Segway the upper floor would be used for office a . l7 evelfor Art Holdings is the production and picture framing area g ould be the area they use to service the vehicles. He added th~Sii~~Jrently has 24.employees with 51 parking spaces with proof of p. dditional 36 parking spaces. Hennes referred to the si be a city sidewalk it will the building and used there would also b s been discussed and explained that it won't ~,on their property running along the perimeter of ain ciecess to the east parking lot. He confirmed that y of product on the sidewalk as well. ained that B2B Segway is their commercial division is their retail division. He talked about his current location in ark and stated that he would like to have more of a retail hey would like to move to the proposed location in Golden at their product is all electric transportation including scooters, and Segways. Keysse about NEV products. Benyas said NEV products have more of a niche market and his business would have some NEV products but they would not be his main focus. Keysser asked if the products being sold are "street legal". Benyas said yes and stated that the Segway product is classified as a pedestrian vehicle so they have to follow the same laws as pedestrians. Grimes asked Benyas if he feels comfortable with the area that will be used for test drives. Benyas said yes and added that he feels there is enough room on the property for test drives. Minutes of the Golden Valley Planning Commission April 27, 2009 Page 4 Keysser asked Benyas how many customers per day he envisions. Benyas said he currently has approximately 20 customers per day but he hopes to have more once he is located in the 1-394 Corridor. Grimes asked if individuals purchase Segways or if they are purchased by companies. Benyas stated that approximately 65% of his sales are commercial and 35% are retail. Grimes asked Benyas if his intent is to display his products on the sidewalk during the day and bring them indoors at night. Benyas said yes. He added that in the future there may be some electric cars stored outside. Kluchka asked if there if there are bicycle rac Hennes stated that none of his current em 10 bus and carpool. . customers ot of trade Keysser asked Benyas if he has any concerns about traffic dU~;ljlg drives. Benyas said no because it is a fairly quiet area. Eck asked how people would know about this business. mainly find him. There is also some national adverti~ing a show work. pe for the employees. work but they do ride the Cera referred to the condition in th asked Benyas how he felt abo regarding his hours of operati Benyas said he will be ap cars or motorcycles on condition regarding the residential prope . t consider limiting ev weekdays and;l_!~ presence e may to be oj;> remove ev ~ da . ;'lt~~~rding the hours of operation and he would appreciate some flexibility Benyas if he could sell on Sundays. alership license but he won't be able to sell his s said he would feel comfortable removing the n. Waldhauser noted that currently there isn't ut that could change in the future so they may want to enyas said his current hours are 8 am to 7 pm on on weekends. He added that with his larger retail e open on weekends. Cera stated that if the applicant wants he condition regarding hours would have to be changed or ted allowing the hours of operation to be from 7 am to 9 pm missioners agreed. .f the stipulations for Segway apply to the entire building. Grimes said s would only apply to this proposed use. Waldhauser asked if there needs to be a limit on the number of employees. Benyas said he doesn't foresee having more than 12 employees. Grimes said the parking works for 12 employees but they could be flexible and allow for 15 employees. Keysser opened the public hearing. Seeing and hearing no one wishing to comment, Keysser closed the public hearing. Minutes of the Golden Valley Planning Commission April 27, 2009 Page 5 Kluchka asked why there needs to bea limit on the parking or the number of employees if there is already proof of parking on the property. Grimes said he agrees that there probably isn't a need for limits on parking or the number of employees. Grimes stated that he would like to add a condition of approval that the Segway space is limited to what they've shown on the site plan they submitted with their application. Kluchka asked if there needs to be a stipulation regarding the sidewalk not being located in the right-of-way. Grimes said the sidewalk requirements will be handled in the grading and erosion control permit process if one is required. Benyas referred to the site plan submitted with thea~ modifications could still be made. Grimes ask him before the proposal goes to the City Cou the g is two dock in Eck noted that the Segway showroom is on the second floor ~.~.~, ramp mentioned in the applicant's narrative. Benyas explai~.tha> ri" stories in the back and one story in the front. The ramp will' . .tJ\1e I the service area. and ked if slight bring a final plan to McCarty asked Grimes why the City w the site plan. He asked what would space in the building. Grimes exp specific use and the applicant Use Permit if he wants to ma McCarty asked about the square feet to the spa require an amended C flexibility in order t Permit could be for operation wor and differ nt a space..li this uset th oppo is use to how it is shown on nt wanted to use additional '~$nditional Use Permit is based on a come back and amend the Conditional t approved Conditional Use Permit. B Segway wanted to add a couple hundred of echnically any change to approved plan would Use rmit. Benyas said he would appreciate some iness in the future. He asked if the Conditional Use Iding. Grimes said he would like to see how this says it can be bigger because this is something new bably be awhile before they would need to expand their o wait and see if there are any issues or concerns regarding e applicant to come back for amendments would give the City ddress any issues that may arise. The Commissioners agreed. MO by ldhauser, seconded by Eck and motion carried unanimously to recommem proval of a Conditional Use Permit to allow for the sale and repair of electric vehicles at 6210 Wayzata Blvd. with the following conditions: 1. All signage must adhere to City sign guidelines for the 1-394 Mixed Use Zoning District. 2. The hours of normal operation shall not exceed Monday through Sunday from 7 am to 9 pm. 3. All improvements to the building must meet the City's Building Code requirements. 4. All requirements must be met for the installation of fire safety equipment. 5. All other applicable local, state and federal requirements shall be met at all times. Minutes of the Golden Valley Planning Commission April 27 J 2009 Page 6 6. The.site plan submitted by Art Holdings and prepared by MS&R shall become a part of this approval. 7. Failure to comply with one or more of the above conditions shall be grounds for revocation of the CUP. Informal Public Hearing - Zo ing Code Amendment - Regarding Extension of Time for Submi I of Final PUD Plan pplicant - City of Golden Vall y Pu ose - To amend Section 1 .55, Subd. 6(A) (Planned Chap r of the Zoning Code) t allow for Extension of T e Final P D Plan Cera asked if the Planning Co Grimes said no, it would be th Keysser opened the p Keysser closed the pu 9. Grimes minded the Commissioners that this item was brougH to them recently askin at they review the Douglas Drive edevelopment Projec Area to confirm that' conforms to the City's Comprehensi e Plan. At that time the new Co prehensive Plan had not yet been ap roved by the City Council. It has since b n adopted by the City Council so staff els it is now a more appropriate time for the Planning Commission to find that the uglas Drive Redevelopment Plan Project Hey Planning 763-593-8095/ 763-593-8109 (fax) Date: April 21, 2009 To: Planning Commission From: Joe Hogeboom, City Planner Informal Public Hearing on Conditional Use Permit (CUP-125) to Allow for the Sale and Service of Electric Vehicles at 6210 Wayzata Boulevard- Bruce Bahneman (Representative, C. Chase Company on behalf of Art Holdings, Inc.), Applicant Subject: Background Mr. Bruce Bahneman, representative for C. Chase Company, has requested a Conditional Use Permit (CUP) in order to allow for the sale and service of electric vehicles at 6210 Wayzata Boulevard. The property is located in the 1-394 Mixed Use Zoning District. Section 11.47 of City Code allows conditional uses which, in the opinion of the Council, are compatible with conditional uses specifically described in the Commercial Zoning District. Staff has determined that the sale and service of electric vehicles in a mixed-use building is compatible with other functions of the District. Art Holdings, Inc. is the owner of the property at 6210 Wayzata Boulevard. B2B Segway/Segway of Minnesota will occupy approximately half of the building. The proposed sale of electric vehicles would pertain to Segway-branded products, which could include electric cars, electric scooters, and personal electronic mobility devices. C. Chase Company is currently representing B2B Segway/Segway of Minnesota. Proposed Use In addition to being located in the 1-394 Mixed Use Zoning District, 6210 Wayzata Boulevard is guided for 'mixed use' development in the Comprehensive Plan. In its Conditional Use Permit application, C. Chase Company explains that the proposed use would involve the storage of electronic vehicles outdoors during business hours. In contrast to traditional automobile dealers, the applicant claims that this dealership will provide more personal service to a smaller number of clients. The proposed use would occupy approximately one half of the upper level of the building and approximately two fifths of the building's lower level. In total, approximately 7,500 square feet of interior space would be dedicated to the proposed use. The facility will include amenities standard for a sales and service operation. The applicant is not proposing to add additional parking stalls to the site. However, the applicant has expressed interest in extending and improving city sidewalks on the location. Prior to any upgrade or construction of a sidewalk, the applicant would meet with the Public Works Department and discuss grading and building issues. Analysis of Ten Factors Per City Code, the Planning Commission must make findings on ten factors when reviewing a CUP application. They are as follows with staff comment: 1. Demonstrated Need of the Use: The City requires that an applicant identify a legitimate need for a Conditional Use Permit. 828 Segway would need a CUP to perform automotive sales in the 1-394 Mixed Use Zoning District. 2. Consistency with the Comprehensive Plan: The General Land Use Plan Map depicts the proposed site as long-term mixed use development. A facility that sells and services electric vehicles does not conflict with this vision. 3. Effect on Property Values in the Area: Staff does not believe the approval of this permit will affect property values in the area in any way. 4. Effect of Use on Traffic in the Area: The applicant has estimated that no more than twelve employees would occupy the site at any onetime. In addition, the proposed business does is not expected to attract a large number of clients at anyone time. Therefore, staff feels the proposed use will not impact traffic in the area. 5. Effect of Increases in Density or Population on the Area: The proposed use will not increase the population of the area. Since this use is non-residential, only the daytime population of Golden Valley would be (very minimally) affected. 6. Increase in Noise Created by Use: Noise impacts created by this proposed facility should not extend beyond the site. 7. Any Dust, Odor or Vibration Caused by Use: No such problems are expected to be caused by this proposal. 8. Any Increase in Animal Pests Caused by the Use: The nature of this facility does not contribute to the existence of pests in any way. 9. Visual Appearance of the Use: The exterior of the building will not be significantly altered for the proposed use. 10. Other Effects of the Use: Staff does not anticipate any negative effects of the proposed use. Recommended Action: Staff recommends approval of the Conditional Use Permit allowing B2B Segway/Segway of Minnesota to operate an electronic vehicle sale and service operation located at 6210 Wayzata Boulevard. The approval of a Conditional Use Permit is subject to the following conditions: 1. All signage must adhere to City sign guidelines for the 1-394 Mixed Use Zoning District. 2. The number of employees on the site at anyone time shall be limited to twelve. 3. The hours of normal operation shall be Monday through Saturday from 8 am to 7 pm. 4. All improvements to the building must meet the City's Building Code requirements. 5. All requirements must be met for the installation of fire safety equipment. 6. All other applicable local, state and federal requirements shall be met at all times. Attachments: Location Map (1 page) Applicant's Narrative (2 pages) Memo from Deputy Fire Marshal Ed Anderson, dated April 9, 2009 (1 page) Memo from City Engineer Jeff Oliver, dated April 17, 2009 (1 page) Site Plans (2 pages) Public Jl~y Memorandum Fire Department 763-593-8055 I 763-512-2497 (fax) To: Mark Grimes, Director of Planning and Zoning From: Ed Anderson, Deputy Fire Marshal Subject: Conditional Use Permit - 6210 Wayzata Blvd. Date: April 9, 2009 The Golden Valley Fire Department has reviewed the application for the Conditional Use Permit for the proposed sales, service and storage of electric vehicles located at the Arts Holding building located at 6210 Wayzata Blvd. The Golden Valley Fire Department's following comments are focused on the reasonable level of life safety from the hazards of fire or dangerous conditions in the building structure and provide safety to firefighters and emergency responders during emergency operations. 1. The demolition and remodeling of the interior proposed space shall be in accordance with the Minnesota State Fire Code. 2. The impairment of the fire suppression system during the demolition and remodeling of this proposed site shall be in accordance with the Minnesota State Fire Code. Also the impairment of the fire suppression system shall not affect the day to day operations of the other tenants located in this same building. 3. The impairment of the fire alarm system and the fire alarm notification devices during this proposed construction and remodeling for this site shall be in accordance with the Minnesota State Fire Code. This impairment of the fire alarm system shall not affect the day to day operation of the other tenants in the same building. 4. The relocation and additional installation of the fire suppression system and fire alarm devices shall be in accordance with the Minnesota State Fire Code and the Golden Valley City Ordinance. . 5. The interior storage and charging of batteries for the electrical vehicles shall be in accordance with the Minnesota State Fire Code and the National Fire Code Standards. 6. The proposed repair/service area located in the lower level of the building shall be in accordance with the Minnesota State Fire Code. 7. The proper placement of fire extinguishers throughout the building will be required in accordance with the Minnesota State Fire Code. If you have any questions or concerns, please contact me at 763-593-8065 or e-mail, eanderson@cLgolden-vallev.mn.us 1 alley Memorandum Public Works 763.593.8030 I 763.593.3988 (fax) Date: April 17, 2009 From: Mark Grimes, Director of Planning and Development Jeff Oliver, PE, City Engineerl CU-125 Art Holdings Building . To: Subject: Public Works staff has reviewed the proposed Conditional Use Permit for the Art Holdings building, which is located at 6210 Wayzata Boulevard. Based upon this review staff has identified the following issue: . The proposed sidewalk and loading dock construction may require a Grading, Drainage and Erosion Control permit. The applicant must submit plans to the Public Works Department for review and comment. Based upon this review, Public Works staff recommends approval of the proposed Conditional Use Permit. C: Jeannine Clancy, Director of Public Works AI Lundstrom, Environmental Coordinator Mitch Hoeft, Graduate Engineer Gary Johnson, Building Official G:\Developments - Private\Art Holdings CUP\CUP Review 041709.doc NARRATIVE (828 Segway) Art Holdings, Inc.("Art Holdings")(6210 Wayzata Boulevard, Golden Valley, MN), wishes to lease out approximately half of its current building to B2B Segway/Segway of Minnesota ("Segway"). Segway will occupy approximately one-half of the upper floor which it will utilize as a showroom for its line of electric transportation devices which include electric scooters and electric cars. Segway will occupy approximately two-fifths of the lower level where it will assemble and conduct service on electric vehicles. The lower level will also be used as a standard warehouse/storage facility for various items and parts related to Segway's core business. Segway would like the opportunity to display vehicles on the buildings sidewalk (located on Art Holdings parcel) as well as on the side of the building. These display vehicles would only be displayed during normal business hours and would be brought back into the building each night for overnight storage. The company would like the opportunity to extend the same sidewalk (located on parcel) around the East side of the building or to partially widen the existing sidewalk. Segway would also like to have the option of storing up to twelve (12) electric cars on the lot on the backside of the Art Holdings Building. The building currently meets all city parking ratios. Generally the standard procedure for the company would be for it to move any electric vehicles into the building at night for protection from the elements. Thus any outside storage of vehicles is believed to be quite minimal. The company would also like the opportunity to ramp up a drive-in door to one of its current dock-high doors. The ramp would be a standard metal style ramp which would be utilized by Segway to transfer vehicles into its service area. The hours of operation will be roughly 8:00 AM to 7:00 PM (Monday-Saturday). The number of employees on site is not expected to exceed twelve (12) people. Segway is to be distinguished from a standard automobile showroom. They do not cater to big crowds and a large proportion of their business is corporate accounts. Segway will not be catering to the public at large or anticipating large dealership style events. Segway has become a highly desired tenant for municipalities across the country. This area of Interstate 394 has historically been home to a number of car dealerships. In light of the recent zoning changes that effect the Property, we feel it is logical to ask the City of Golden Valley for a Conditional Use Permit to allow this type of dealership and light service use. Especially due to the overall"green" and renewable energy aspects of this electric vehicle line. Segway presents the type of highly desirable use that several other municipalities have shown a great deal of interest in landing. We feel that Segway vehicles are the future and that renewable energy is an area of great concern to cities across the entire State of Minnesota. In closing this is a use that will benefit the City of Golden Valley and position them on the forefront of renewable energy and alternative forms of transportation. We premise that this would be a highly complementary use to the other neighboring dealerships and commercial businesses in the area. 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City Code Chapter 11 entitled "Land Use Regulations (Zoning)" is amended in Section 11.10, Subd. 2, and Section 11.30, by approving a Conditional Use Permit for certain tracts of land at 6210 Wayzata Boulevard, thereby allowing retail sales and service of electric vehicles in the existing building located in the Mixed Use Zoning District. This Conditional Use Permit is approved based on the findings of the Planning Commission pursuant to City Code Section 11.80, subd. 2(G), which findings are hereby adopted and incorporated herein by reference. This Conditional Use Permit is subject to all of the terms of the permit to be issued including, but not limited to the following specific conditions: 1. All signage must adhere to City sign guidelines for the 1-394 Mixed Use Zoning District. 2. The hours of normal operation shall not exceed Monday through Sunday from 7 am to 9 pm. 3. All improvements to the building must meet the City's Building Code requirements. 4. All requirements must be met for the installation of fire safety equipment. 5. All other applicable local, state and federal requirements shall be met at all times. 6. The site plan submitted by Art Holdings and prepared by MS&R shall become a part of this approval. 7. Failure to comply with one or more of the above conditions shall be grounds for revocation of the CUP. Section 2. The tract of land affected by this ordinance is legally described as follows: Parcel 1: That part of Government Lot 3, Section 4, Township 117, Range 21, Hennepin County, Minnesota, described as follows: Beginning at a point in the North line of County Road 41 (formerly Wayzata Boulevard) distant 332 feet East of the West line of Section 4, measured perpendicular to the West line of said Section 4, thence North parallel to West line of Section 4, 300 feet, to actual point of beginning of tract to be described; thence South parallel to West line of said Section 4,300 feet to North line of said County Road 41; thence West along North line of said County Road No. 41, 188.12 feet; thence North parallel to West line of said Section 4, 300 feet; thence East to point of beginning, except the East 30 feet thereof. Parcel 2: The East 106.88 feet of the West 176.88 feet of the South 333 feet of Government Lot 3, in Section 4, Township 117, Range 21, Hennepin County, Minnesota, according to the United States Government Survey thereof, and situate in Hennepin County, Minnesota. Together with a driveway easement appurtenant to Parcel 2 over the East 10 feet of the West 70 feet of that part of Government Lot 3, Section 4, Township 117, Range 21, Hennepin County, Minnesota, described as follows: Beginning at a point in the North line of County Road No. 41 (formerly Wayzata Boulevard) distant 332 feet East of the West line of said Section 4; thence North parallel to the West line of said Section 4, 300 feet to the actual point of beginning of the tract of land to be described herein; thence South parallel with the West line of said Section 4, 300 feet; thence West along the North line of said County Road No. 41 to the intersection of the West line of said Section 4 with the North line of said County Road No. 41; thence North along said West line of said Section 4, 300 feet; thence East to the actual point of beginning; as contained in Document Nos. 3628373 and 3628374. Hennepin County Abstract Property. Section 3. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Sec. 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 4. This ordinance shall take effect from and after its passage and publication as required by law. Adopted by the City Council this 19th day of May, 2009. IslLinda R. Loomis Linda R. Loomis, Mayor ATTEST: Is/Susan M. VirniQ Susan M. Virnig, City Clerk Hey Memorandum Planning 763-593-8095/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting May 19, 2009 Agenda Item 4. B. Public Hearing - Ordinance No. 419 - Amendment to Section 11.55 - Allowing for Extension of Time for Submittal of Final Planned Unit Development (PUD) Plan Prepared By Mark Grimes, Director of Planning and Development Summary At the April 27, 2009 Planning Commission meeting, the Commission held an informal public hearing to consider a change to the zoning code that would specifically allow for an extension of up to 180 days for the submission of the Final PUD plan. Currently, the Final Plan must be submitted within 180 days of City Council approval of the Preliminary Plan and no extensions are specifically allowed. As indicated in the attached Planning Commission minutes, no one spoke at the informal public hearing. After the hearing, the Planning Commission voted unanimously to recommend approval of the change. A copy of my memo to the Planning Commission dated April 1 0, 2009 is attached. This memo explains the reason for the recommended amendment. Attachments Planning Commission minutes dated April 27, 2009 (1 page) Memo to Planning Commission dated April 10, 2009 (1 page) Underlined/Overscored version of Section 11.55, Subdivision 6(A) (1 page) Ordinance No. 419, Amendment to Section 11.55, Subdivision 6(A), Allowing for Extension of Time for Submittal of Final Planned Unit Development (PUD) Plan Recommended Action Motion to adopt Ordinance No. 419, Amendment to Section 11.55, Subdivision 6(A), Allowing for Extension of Time for Submittal of Final Planned Unit Development (PUD) Plan. Minutes of the Golden Valley Planning Commission April 27, 2009 Page 6 6. prepared by MS&R shall become a 7. above conditions shall be grounds for 8. Informal Public Hearing - Zoning Code Amendment - Regarding Extension of Time for Submittal of Final PUD Plan Applicant - City of Golden Valley Purpose - To amend Section 11.55, Subd. 6(A) (Planned Chapter of the Zoning Code) to allow for Extension of Tiple Final PUD Plan Grimes explained that staff recently looked at granting a submittal and it was discovered by the City Attorney that t the Code that specifically allow the City Council to gra even though they had done so in the past. He believe that amending the PUD language to by the City Council is appropriate with the un sole discretion of the City Council and t e the time granting the extension. Cera asked if the Planning COI1J~issi~fl wOHld have a role in granting extensions. Grimes said no, it would be t 'sjgn ontme City Council. Keysser opened the p Keysser closed the pu ing and hearing no one wishing to comment, The Commissione sense. this proposed change to the Zoning Code makes econded by Cera and motion carried unanimously to amend Section 11.55, Subd. 6(A) (Planned Unit ~/pter of the Zoning Code) to allow for extension of time for al':I/'UD Plan. eration of Resoluti n No. 09-02 Finding that the Redevelopment Ian for the Douglas Driv Redevelopment Project Area Conforms to the Ci omprehensive Pia Grimes reminded the Co 'ssion s that this ite g t to them recently asking that they review the Do edevelopment Project Area to confirm that it conforms to the Cit ' pr 've Plan. At that time the new Comprehensive P ad not yet b en appro by the City Council. It has since been ad y the City Council s staff feels it is a more appropriate time for the Planning Commission to find th t the Douglas Drive evelopment Plan Project alley Memorandum Planning 763-593-8095/763-593-8109 (fax) To: Planning Commission From: Mark Grimes, Director of Planning and Development Subject: Informal Public Hearing - Amendment to Section 11.55, Subd. 6(A) (Planned Unit Development Chapter of the Zoning Code) to Allow for Extension of Time for Submittal of Final PUD Plan Date: April 10, 2009 The City Attorney and Planning staff is recommending that the zoning code be changed to specifically allow for an extension of the period of time when a Final PUD plan must be submitted. Currently, a Final PUD plan must be submitted for approval within 180 days of the approval of the Preliminary PUD plan approval. There is no provision for an extension of that period although extensions have been granted by the City Council in the past. Because there is no specific language permitting an extension, the City Attorney and staff believe that amending the language in Section 11.55, Subd. 6(A) to permit an extension of up to 180 days by the City Council is appropriate with the understanding that the extension is at the sole discretion of the City Council and that the City Council may add conditions at the time of granting the extension. Staff believes that these extensions may be appropriate in certain situations. The staff has been contacted by Duke Realty and they have indicated that they may ask for an extension for a period of 180 days unless they have pre-leased a substantial portion of one of the office buildings. In this economic climate, a request for an extension seems reasonable as long as the City Council has the right to determine if additional conditions should be added. The City Council did grant a 180 day extension for the submission of the Final PUD plan to OPUS for the Xenia Ridge project. This 180 day extension goes until May 1, 2009. Recommended Action Staff recommends approval of the attached language that would specifically allow for up to a 180 day extension of the time period for which a Final PUD plan must be submitted. Attachments: Proposed Language for Section 11.55, Subd. 6(A) (1 page) 9 11.55 2. Preservation. The PUD plan preserves and protects substantial desirable portions of the site's characteristics, open space and sensitive environmental features including steep slopes, trees, scenic views, creeks, wetlands and open waters. 3. Efficient - Effective. The PUD plan includes efficient and effective use (which includes preservation) of the land. 4. Compatibility. The PUD Plan results in development compatible with adjacent uses and is consistent with the Comprehensive Plan and redevelopment plans and goals. 5. General Health. The PUD plan is consistent with preserving and improving the general health, safety and general welfare of the people of the City. 6. Meets Requirements. The PUD plan meets the PUD Intent and Purpose provision and all other PUD ordinance provisions. Subdivision 6. Application Procedure - Final PUD Plan A. Application and Final PUD Plan Requirements. Unless the applicant has obtained City Council permission under Subd. 5(A) hereof to develop a project over more than two (2) years, Oncc the City Council has approvcd an applicant's Preliminary PUD Plan, the applicant shall submit within one hundred cighty (180) doys 0 complctc Final PUD Plan. a complete Final PUD Plan within one hundred eighty (180) days of Preliminary PUD Plan approval. Such one hundred eighty (180) day period may be extended by the City Council in the exercise of its sole discretion subject to such additional conditions as it deems appropriate. A The Final PUD Plan shall be submitted which mcets and is consistent with the Preliminary PUD Plan approved by the City Council, as well as the PUD Intent and Purpose provisions hereof., The standards and other Pl:H3 provisions of this section aftd shall include, but not be limited to, the following: 1. Site Plan/Development Plan. Plans of the proposed PUD development which identify all land uses and proposed square footage, the location of buildings, existing and proposed roadways and accesses, pedestrian ways and sidewalks, proposed parking areas, traffic volume projections, areas to be preserved, public and common areas, building elevations including height and materials, preliminary utilities plan, the location of the parcel's boundaries, the net and gross density of the development, the total area occupied by the development, the amenities to be provided and the development schedule. 2. Setbacks. Setback measurements from buildings, roads, parking and high use outdoor activity areas to the nearest lot lines shall be shown on the Golden Valley City Code Page 7 of 15 ORDINANCE NO. 419, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Amendment to Section 11.55, Subdivision 6(A) - Allowing for Extension of Time for Submittal of Final Planned Unit Development (PUD) Plan The City Council for the City of Golden Valley hereby ordains: Section 1. City Code Section 11.55, entitled "Planned Unit Development" Subd. 6(A) is hereby deleted in its entirety and replaced with a new Subdivision 6(A) as follows: A. Application and Final PUD Plan Requirements. Unless the applicant has obtained City Council permission under Subd. 5(A) hereof to develop a project over more than two (2) years, the applicant shall submit a complete Final PUD Plan within one hundred eighty (180) days of Preliminary PUD Plan approval. Such one hundred eighty (180) day period may be extended by the City Council in the exercise of its sole discretion subject to such additional conditions as it deems appropriate. The Final PUD Plan shall be consistent with the Preliminary PUD Plan approved by the City Council, as well as the PUD Intent and Purpose provisions hereof. The standards and other provisions of this section shall include, but not be limited to, the following: Section 2. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 3. This ordinance shall take effect from and after its passage and publication as required by law. Adopted by the City Council this 19th day of May, 2009. IslLinda R. Loomis Linda R. Loomis, Mayor ATTEST: IslSusan M. Virniq Susan M. Virnig, City Clerk