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02-16-10 CC Agenda Packet (entire) AGENDA Regular Meeting of the City Council Golden Valley City Hall 7800 Golden Valley Road Council Chamber February 16, 2010 6:30 pm The Council may consider item numbers 1, 2, 3, 5 and 6 prior to the public hearings scheduled at 7 pm 1. CALL TO ORDER A. Roll Call B. Oath of Office - Police Officer Randy Mahlen C. Hennepin County Sheriff Rich Stanek 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 B. Approval of Check Register C. Licenses: 1. Rental Property Licenses 2. Gambling License Exemption and Waiver of Notice Requirement - Open Arms of Minnesota 3. Gambling License Exemption and Waiver of Notice Requirement - Junior League of Minneapolis 4. Gambling License Application to Conduct Excluded Bingo - Ladies Auxiliary to the Veterans of Foreign Wars Post #7051 D. Minutes of Boards and Commissions: 1. Environmental Commission - November 23, 2009 2. Envision Connection Project Board of Directors - December 17,2009 3. Joint Water Commission - October 7,2009 4. Human Rights Commission - August 19, 2008 5. Open Space and Recreation Commission - November 23, 2009 6. Bassett Creek Watershed Management Commission - December 17, 2009 E. Bids and Quotes: 1 . Sidewalk Maintenance Tractor and Attachments - Quotes F. Adoption of Fleet Operation, Maintenance, and Replacement Policy and EquipmenWehicle Replacement Guidelines 10-12 G. Support for Funding Request by Five Cities Senior Transportation Project from 2010 Consolidated Pool - Urban Hennepin County Community Development Block Grant Program 10-13 H. Authorization to Submit Community Development Block Grant Application for Neighbors Helping Neighbors Loans and Grants 10-14 I. Annual Election for 2010 Insurance Policy 10-15 3. CONSENT AGENDA - CONTINUED J. Approval of Six Month Extension for Filing of Plat and Submitting Final PUD Plan Application - PUD #107 - The Towers at West End - Southwest Quadrant of 1-394 and Highway 100 - Duke Realty, Applicant K. Authorization to Sign Agreement with Short Elliott Hendrickson Inc. for Watermain Rehabilitation L. Authorization to Sign Agreement with Randolph Center, LLC d/b/a Firetec Apparatus Sales to List and Market Fire Pumper and Miscellaneous Equipment M. Authorization to Sign Sergeant Contract N. Appointment of Weed Inspector O. First Consideration - Ordinance #430 - Amending Section 4.20 Regarding Sign Permits and Regulations in 1-394 Mixed Use Zoning District 4. PUBLIC HEARINGS 7 PM A. Public Hearing - Ordinance #431 - Approval of Conditional Use Permit 10-126 - 7575 Golden Valley Road - Starboard Media Foundation, Applicant B. Public Hearing - Ordinance #432 - Approval of Amended Conditional Use Permit 10-121, Amendment NO.1 - 9400 Golden Valley Road - RHT Office, LLC, Applicant C. Public Hearing - Preliminary Plat Approval - 100 Brunswick Avenue North - Peter Miller, Applicant D. Public Hearing - Ordinance #433 - Amending Sections 11.03, 11.21 and 11.22 Regarding Garden Structure Requirements 5. OLD BUSINESS 6. NEW BUSINESS A. Support for Metropolitan Council Environmental Services Interceptor 1-GV-461 Reliever Project 10-16 B. Announcements of Meetings C. Mayor and Council Communications 7. ADJOURNMENT Public Jl~y M m Police Department 763-593-8079 I 763-593-8098 (fax) Executive Summary For Action Golden Valley City Council Meeting February 16, 2010 Agenda Item 1. B. Oath of Office - Police Officer Randy Mahlen Prepared By Stacy Altonen, Chief of Police Summary Officer Randy Mahlen will be present to take his oath of office as a Golden Valley police officer. Recommended Action Mayor Loomis administers the oath of office to Officer Mahlen. alley M nd m City Administration/Council 763-593-8003/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting February 16, 2010 Agenda Item 1. C. Hennepin County Sheriff Rich Stanek Prepared By Thomas Burt, City Manager Summary Hennepin County Sheriff Rich Stanek will be at the meeting to give an overview of the Sheriff's Department. Hey e m Finance 763-593-8013 I 763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting February 16, 2010 Agenda Item 3. B. 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. Public ~U~Y Mora Fire Department 763-593-8055/763-512-2497 (fax) Executive Summary For Action Golden Valley City Council Meeting February 16, 2010 Agenda Item 3. C. 1. Rental Property Licenses Prepared By Becky Perkins, Office Clerk Summary AS per City Code, Some businesses are required to be licensed by the City. Listed below are the License Number, Applicant, License Type and Fee of those who have Submitted an application for approval. #30001-2010 #30002-2010 #30028-2010 #30042-2010 #30043-2010 #30045-2010 #30046-2010 #30047-2010 #30048-2010 Mayfair Apartments Multiple Family Rental $100.00 5307 Circle Down Mayfair Apartments Multiple Family Rental $100.00 5311 Circle Down Valley Village Apartments Multiple Family Rental $100.00 600 North Lilac Drive Golden Valley Townhomes Multiple Family Rental $160.00 2100 Douglas Drive North Golden Valley Townhomes Multiple Family Rental $120.00 3354 North Lilac Drive Dover Hill Apartments Multiple Family Rental 2400 Rhode Island Avenue North $1,320.00 Dover Hill Apartments Multiple Family Rental 2566 Rhode Island Avenue North $120.00 Dover Hill Apartments Multiple Family Rental 2544 Rhode Island Avenue North $120.00 Dover Hill Apartments Multiple Family Rental 2522 Rhode Island Avenue North $120.00 #30049-2010 Dover Hill Apartments Multiple Family Rental $120.00 2438 Rhode Island Avenue North #30050-2010 Dover Hill Apartments Multiple Family Rental $140.00 2410 Rhode Island Avenue North #30051-2010 Dover Hill Apartments Multiple Family Rental $260.00 2420 Rhode Island Avenue North #30052 -2010 Dover Hill Apartments Multiple Family Rental $260.00 2442 Rhode Island Avenue North #30053-2010 Dover Hill Apartments Multiple Family Rental $260.00 2460 Rhode Island Avenue North #30057-2010 Dover Hill Apartments Multiple Family Rental $260.00 2554 Rhode Island Avenue North #30058-2010 Dover Hill Apartments Multiple Family Rental $260.00 2526 Rhode Island Avenue North #30059-2010 Dover Hill Apartments Multiple Family Rental $260.00 2504 Rhode Island Avenue North #30060-2010 Dover Hill Apartments Multiple Family Rental $140.00 2478 Rhode Island Avenue North #30004-2010 Douglas Drive Apartments Multiple Family Rental $244.00 1400 Douglas Drive North #30005-2010 Douglas Drive Apartments Multiple Family Rental $196.00 1450 Douglas Drive North #30006-2010 Douglas Drive Apartments Multiple Family Rental $228.00 1500 Douglas Drive North #30007 -2010 Douglas Drive Apartments Multiple Family Rental $188.00 1600 Douglas Drive North #30033-2010 Golden Valley Arms Apartments Multiple Family Rental $508.00 6150 St. Croix Avenue North #30024-2010 Trentwood Apartments Multiple Family Rental $340.00 9210 Golden Valley Road #30023-2010 Trentwood Apartments Multiple Family Rental $220.00 9200 Golden Valley Road #30022-2010 Trentwood Apartments Multiple Family Rental $340.00 9140 Golden Valley Road #30025-2010 Trentwood Apartments Multiple Family Rental $340.00 9240 Golden Valley Road #30021-2010 Trentwood Apartments Multiple Family Rental $340.00 9110 Golden Valley Road #30054-2010 Calvary Center Apartments Multiple Family Rental $100.00 7650 Golden Valley Road #30027 -2010 Copacabana Apartments Multiple Family Rental $590.00 1725 Lilac Drive North #30044-2010 Anderson Triplex Multiple Family Rental $160.00 6212 Golden Valley Road #30029-2010 Medley Park Townhomes Multiple Family Rental $156.00 2345 Mendelssohn Lane #30030-2010 Medley Park Townhomes Multiple Family Rental $172.00 2352 Mendelssohn Lane #30031-2010 Medley Park Townhomes Multiple Family Rental $156.00 2359 Mendelssohn Lane #30032-2010 Medley Park Townhomes Multiple Family Rental $156.00 2373 Mendelssohn Lane #30018-2010 Valley View Apartments Multiple Family Rental $100.00 6543 Golden Valley Road #30017-2010 Valley View Apartments Multiple Family Rental $100.00 6541 Golden Valley Road #30016-2010 Valley View Apartments Multiple Family Rental $100.00 6539 Golden Valley Road #30015-2010 Valley View Apartments Multiple Family Rental $100.00 6537 Golden Valley Road #30014-2010 Valley View Apartments Multiple Family Rental $100.00 6535 Golden Valley Road #30013-2010 Valley View Apartments Multiple Family Rental $100.00 6533 Golden Valley Road #30012-2010 Golden Valley Road Apartments Multiple Family Rental $184.00 6200 Golden Valley Road #30036-2010 Valley Square Commons Multiple Family Rental $600.00 751 Winnetka Avenue #30038-2010 Village Terrace Multiple Family Rental $204.00 241 Yosemite Circle #30039-2010 Village Terrace Multiple Family Rental $276.00 251 Yosemite Circle #30040-2010 Village Terrace Multiple Family Rental $276.00 261 Yosemite Circle #30041-2010 Village Terrace Multiple Family Rental $276.00 271 Yosemite Circle #30009-2010 Colonial Apartments Multiple Family Rental $196.00 5743 Glenwood Avenue #30010-2010 Colonial Apartments Multiple Family Rental $196.00 5745 Glenwood Avenue #30011-2010 Colonial Apartments Multiple Family Rental $196.00 5747 Glenwood Avenue #30056-2010 Valley Creek West Apartments Multiple Family Rental $100.00 1370 Douglas Drive #30019-2010 Mallard Creek Apartments Multiple Family Rental $100.00 8300 Golden Valley Road #30020-2010 Mallard Creek Apartments Multiple Family Rental $100.00 8400 Golden Valley Road #30026-2010 Laurel Estates Apartments Multiple Family Rental $1,400.00 5610 Laurel Avenue South #30035-2010 Laurel Terrace Apartments Multiple Family Rental $100.00 250 Turners Crossroads South #30034-2010 Southwirth Apartments Multiple Family Rental $1,300.00 501 Theodore Wirth Parkway Recommended Action Motion to authorize the issuance of licenses as recommended by Staff. Hey M nd City Administration/Council 763-593-8006/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting February 16, 2010 Agenda Item 3. C. 2. Gambling License Exemption and Waiver of Notice Requirement - Open Arms of Minnesota Prepared By Judy Nally, Administrative Assistant Summary As per State Statute organizations that conduct gambling within the City limits have to submit an application for a lawful gambling permit to the State after the permit has been approved or denied by the City. Depending upon the timing of the permit the applicants may request the City to waive the 30-day waiting period. Attachments Application for Exempt Permit (2 pages) Letter from Open Arms of Minnesota requesting waiver of 30 day waiting period (1 page) Recommended Action Motion to receive and file the gambling license exemption and approve the waiver of notice requirement for Open Arms of Minnesota. 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. ON.INJ;ORM~TION Page 1 of2 1/10 Application fee If a lication ostmarked or received: less than 30 days more than 30 days before the event before the event $100 $50 Organization name Check # Previous gambling permit number \) ~~ Type of nonprofit organization. Check one. D Fraternal D Religious D Veterans D Other nonprofit organization Mailing address City State Zip Code \f\ <Q \S f'r\ to ";51-\ oV\. Daytime phone number Email address '\ ../. G. \ L- _ 0-. t"\D .., ~ ~ '€-\.) \. ~ \....,0 \. "'- e.... <::" 2- - t '- '"J L ~"LV ... V") 'C! '-'r e...V"\ <-' . ~~cha.c.~PYQfQNEQftll~f()ll()vvlJ:\g.f()r. pro()fofnon.pr()fit$t~t~s..qh~el<()rl~. f\\~ . l S-,=> - ~ - ~ -z. o~ CJ- V7 /'f \,1() l' County ~ ""C-..f'\.. '" "'::>/h\'"\ or~ Do not attach a sales tax exempt status or federal ID employer numbers as they are not proof of nonprofit status. D Nonprofit Articles of Incorporation OR a current Certificate of Good Standing. Don't have a copy? This certificate must be obtained each year from: Secretary of State, Business Services Div., 180 State Office Building, St. Paul, MN 55155 Phone: 651-296-2803 D IRS income tax exemption [501(c)] letter in your organization's name. Don't have a copy? To obtain a copy of your federal income tax exempt letter, have an organization officer contact the IRS at 877-829-5500. D 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. D 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 NameClf premises where gambling aCtivity will be conducted (for raffles, list the site where the draWirtg will take place) bo\ C0~ ~-LUP Address (do not use PO box) r--..r\... County ~I(XJ\ bo\C~.." \:A-\ \~ '0 5SLl ~~ Date(s) of activity (for raffles, indicate the date of the drawing) 'S' Id-O /1 U Check the box or boxes that indicate the type of gambling activity your organization will conduct o Bingo* ~affles 0 Paddlewheels* 0 Pull- Tabs* 0 Tipboards* * Gambling equipment for pull-tabs, bingo paper, tipboards, and paddlewheels must be obtained from a distributor licensed by the Gambling Control Board. EXCEPTION: Bingo hard cards and bingo number selection devices may be borrowed from another organization authorized to conduct bingo. To find a licensed distributor, go to www.gcb.state.mn.us and click on List of Licensed Distributors, or call 651-639-4076. Also complete Page 2 of this form. F:.~;"~~J LG220 Application for Exempt Permit Page 2 of 2 1110 LOCAL UNIT OF GOVERNMENT ACKNOWLEDGMENT If the If the , a a city official must check the action that the city is county official must check the action that the county is taking taking on this application and sign the application. on this application and sign the application. A township official is not required to sign the application. ~The application is acknowledged with no waiting period. _The application is acknowledged with no waiting period. _The application is acknowledged with a 30 day waiting _The application is acknowledged with a 30 day waiting period, and allows the Board to issue a permit after 30 period, and allows the Board to issue a permit after 30 days (60 days for a 1st class city). days. _The application is denied. _The application is denied. Print city name G I ~ of< Go' (iel\. \1 C(,( te 'f) Print county name On behalf of the county, I acknowledge this application. On behalf of the city, I acknowledge this application. Signature of county official receiving application s;~.. of city offic~1 """""'no o"'",,"on TiUe Date I I 1~~~ Title~Date.2:..-' ":;-/~ (Optional) TOWNSHIP: On behalf of the township, , acknowledge that the organization is applying for exempted gambling activity within township limits. [A township has no statutory authority to approve or deny an application [Minnesota Statute 349.166)J Print township name Signature of township official acknowledging application Title Date I I CHIEF EXECUTIVE OFFICER'S SIGNATURE The information provided in this application is complete and accurate to the best of my knowledge. I acknowledge that the financial report will be completed and re~:: t~.ard within 30 days of the date of our gamblin0~ift~ Chief executive officer's signature / ~A.j Y Date ;2. ~ /0 Complete a separate application for each gambing ;i"ctivity: Financial report and record keeping required - one day of gambling activity, A financial report form and instructions will be sent with -two or more consecutive days of gambling activity, your permit, or use the online fill-in form available at - each day a raffle drawing is held www.gcb.state.mn.us. Within 30 days of the activity date, Send application with: complete and return the financial report form to the - a copy of your proof of nonprofit status, and Gambling Control Board. - application fee for each event. Questions? Make check payable to "State of Minnesota." Call the Licensing Section of the Gambling Control To: Gambling Control Board Board at 651-639-4076. 1711 West County Road B, Suite 300 South I Print Form I I Reset Form I Roseville, MN55113 Th. · '0 be made iIabIe . ....._..._ the Board will be able to process your IS ,orm WI . aye m a.....,......... organizalion's application. Your organization's format ~.e. large ~nt, Bra.ille) upon request. name and address will be public information Data pnvacy notice:The Information requested when rec:eived by the Board AI other on this form <and any attachments) wit be used information provided wII be Private data until by the Gambling Control Board (Board) to the Board issues the permit When the Board determine y~ur organiza~'s qua.~ns to issues the permit. aU inform_ provided will ~ involved In Iawful9l!"bI!ng ac:tivilies.1I'I become public. If the Board does not issue a Minnesota. Your ~~ has the nght to permit, a'lnformatlon provided remains private, refuse to ~pply the ~Iion requested; with the exception of your organization's name however, if your organization refuses to supply and address which will remain pubic Private this i~rmation, the Board ~y not be ~ to data are available to: Board~, Board determine your organizations qua~ns staff whose work requires access to the and, as a consequence, may refuse to ISSue a permit. If you supply the information requested, information; Minnesota's Depilrtment of Public Safety; Attorney Genaral; Commissionars of Administration, Minnesota Management & Budget, and Revenue; LegisIaIive Auditor, national and intemational gambling regulatory agencies; anyona pursuant to court order; other individuals and agencies specificaly authorized by state or federal law to have access to the information; Individuals and agencies for which law or legal order authorizes a new use or sharing of information after this Notice was given; and anyone INith your written consent. openc February 4, 2010 Judy Nally City of Golden Valley 7800 Golden Valley Road Golden Valley, MN 55427 Dear Judy: . Open Arms of Minnesota will host our annual fundraising event, Moveable Feast, at The Golden Valley Country Club on Thursday, February 04,2010. 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 exemption for lawful gambling permit required for this type of event. Thank you for your consideration. Nancy Benedict Event Director Open Arms of Minnesota 612872 1152 612872 0866 OPENARMSMN.ORG alley I o urn City Administration/Council 763-593-8006 I 763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting February 16, 2010 Agenda Item 3. C. 3. Gambling License Exemption and Waiver of Notice Requirement - Junior League of Minneapolis 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 Junior League of Minneapolis of Minnesota requesting waiver of 30 day waiting period (1 page) Recommended Action Motion to receive and file the gambling license exemption and approve the waiver of notice requirement for Junior League of Minneapolis. Minnesota Lawful Gambling LG220 Application for Exempt Permit An exempt pennit 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. ORGANIZATION INFORMATION Page 1 of2 7/09 Application fee If a Iication ostmarked or received: less than 30 days more than 30 days before the event before the event $100 $50 Check # $ Organization nr,me Previous gambling permit number Type of nonprofit organization D Fraternal D Religious Mailing address 41J City fUtLSlllLd Name of chief executive officer (CEO) County 76 Attach a copy of ONE of the following for proof of nonprofit status. Check one. Do not attach a sales tax exempt status or federal ID employer numbers as they are not proof of nonprofit status. D Nonprofit Articles of Incorporation OR a current Certificate of Good Standing. Don't have a copy? This certificate must be obtained each year from: Secretary of State, Business Services Div., 180 State Office Building, St. Paul, MN 55155 Phone: 651-296-2803 D IRS income tax exemption [501(c)) letter in your organization's name. Don't have a copy? To obtain a copy of your federal income tax exempt letter, have an organization officer contact the IRS at 877-829-5500. D 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. D 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 activity will be conducted (for rafft~s, list the site where the drawing will take place) . t/tih Zip Code County S-SY~7 () heck the box or boxes that indicate the type of ambling activity your organization will conduct: D Bingo* ~Rafftes 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 selec\jon 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 Ust of Ucensed Distributors, or call 651-639-4076. Also complete Page 2 ofthis form. I Print Form I I Reset Form J LG220 Application for Exempt Permit Page 2 of2 7109 LOCAL UNIT OF GOVERNMENT ACKNOWLEDGMENT If the gambling premises is within city limits, If the gambling premises is located in a township, a a city official must check the action that the city is county official must check the action that the county is taking taking on this application and sign the application. on this application and sign the application. A township official is not required to sign the application. X The application is acknowledged with no waiting period. _The application is acknowledged with a 30 day waiting period, and allows the Board to issue a permit after 30 days (60 days for a 1st class city). _The application is denied. Print city name tJ ti On behalf of the city, I acknowledge this ap ication. Date J~2LJli CHIEF EXECUTIVE OFFICER'S SIGNATURE _The application is acknowledged with no waiting period. _The application is acknowledged with a 30 day waiting period, and allows the Board to issue a permit after 30 days. _The application is denied. Print county name On behalf of the county, I acknowledge this application. Signature of county official receiving application Title Date_I---1_ (Optional) TOWNSHIP: On behalf of the township, I acknowledge that the organization is applying for exempted gambling activity within township limits. [A township has no statutory authority to approve or deny an application [Minnesota statute 349.166)] Print township name Signature of township official acknowledging application Title Date _1---1_ The information provided in this application is complete and accurate to the best of my knowledge. I acknowledge that the financial report will be completed and t ed to th Board within 30 days of the date (If our gambling activity. Chief executive officer's signature Date , I ~ J J P 1 b Complete a separate application for each gambing a - one day of gambling activity, - two or more consecutive days of gambling activity, - each day a raffle drawing is held Send application with: - a copy of your proof of nonprofit status, and - application fee for each event. Make check payable to "State of Minnesota." To: Gambling Control Board 1711 West County Road 8, Suite 300 South Roseville, MN 55113 Financial report and record keeping required A financial report form and instructions will be sent with your permit, or use the online fill-in form available at www.gcb.state.mn.us. Within 30 days ofthe activity date, complete and return the financial report form to the Gambling Control Board. Questions? Call the Licensing Section of the Gambling Control Board at 651-639-4076. Print Form I Reset Form Data privacy. This form will be made available in the Board will be able to process your altemative format (i.e. large print, Braille) upon application. Your name and and your request. The information requested on this form organization's name and address will be public (and any attachments) will be used by the information when received by the Board. All Gambling Control Board (Board) to determine your the other information you provide will be private qualifications to be involved in lawful gambling data until the Board issues your permit. When activities in Minnesota. You have the right to the Board issues your permit, all of the refuse to supply the information requested; information provided to the Board will become however, if you refuse to supply this information, public. If the Board does not issue a permit, all the Board may not be able to determine your information provided remains private, with the qualifications and. as a consequence, may refuse exception of your name and your organization's to issue you a permit. If you supply the name and address which will remain public. information requested. Private data are available to: Board members, Board staff whose work requires access to the information; Minnesota's Department of Public Safety; Attorney General; Commissioners of Administration, Finance, and Revenue; Legislative Auditor, national and intemational gambling regulatory agencies; anyone pursuant to court order; other individuals and agencies that are specifically authorized by state or federal law to have access to the information; individuals and agencies for which law or legal order authorizes a new use or sharing of information after this Notice was given; and anyone with your consent. JL. JUNIOR LEAGUE OF MINNEAPOLIS Women building better communities. January 5, 2010 Ms. Judy Nally Administrative Assistant City of Golden Valley 7800 Golden Valley Rd. Golden VaHey, MN 55427 Dear Judy: The jWllor League of Minneapolis will host iis annual fWldraiser, American Girl Fashion Show, at the Golden VaHey Country Club on the weekend of March 5-7 2010. We respectfully request that the City Council waive the customary 30-day waiting period for the exemp.. tion O.flaWjj~d ga bling permit required for this type uf event. Sincerely. A A ~ ;/\tv~ .. LVOk Sara~~hers A~~. Y Ch. p';e-Sldent Elect 1'W-e.SltLt"'l~J ( tooq - laiD fQ1 410 Oak Grove Street. Minneapolis, MN 55403-3294 Phone: 612-238-8460 · Fax: 612-573-6551 · www.JLMinneapolis.org The Junior League of Minneapolis is an organization of women committed to promoting voluntarism, developing the potential of women and improving the community through the effective action and leadership of trained volunteers. Its purpose is exclusively educational and charitable. The Junior League of Minneapolis reaches out to women of all races, religions, and national origins who demonstrate an interest in and commitment to voluntarism. alley City Administration/Council 763-593-8006/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting February 16, 2010 Agenda Item 3. C. 4. Gambling License Application to Conduct Excluded Bingo - Ladies Auxiliary to the Veterans of Foreign Wars Post #7051 Prepared By Judy Nally, Administrative Assistant Summary As per State Statute organizations that conduct gambling within the City limits have to submit an application for a lawful gambling permit to the State after the permit has been approved or denied by the City. Attachments Application to Conduct Excluded Bingo (2 pages) Letter from Ladies Auxiliary to the Veterans of Foreign Wars #7051 requesting waiver of 30 day waiting period (1 page) Recommended Action Motion to approve the gambling license application to conduct excluded bingo for the Ladies Auxiliary to the Veterans of Foreign Wars Post #7051. Minnesota Lawful Gambling LG240B Application to Conduct Excluded Bingo ORGANIZATION INFORMATION 1/10 Page 1 of 2 No fee Organization name , Type of nonprofit organization. Check ( ) one. D Fraternal D Religious [i3I Veterans D Other nonprofit organization Mailing address County ATTACH A COPY OF ~ OF THE FOLLOWING FOR PROOF OF NONPROFIT STATUS * Do not attach a sales tax exempt status or federal 10 employer number as they are not proof of nonprofit status. _ Nonprofit Articles of Incorporation OR a current Certificate of Good Standing. Don't have a copy? This certificate must be obtained each year from: Secretary of State, Business Services Div., 180 State Office Building, St. Paul, MN 55155 Phone: 651-296-2803 _ Internal Revenue Service -IRS income tax exemption [501 (c)] letter in your organization's name. Don't have a copy? To obtain a copy of your federal income tax exempt letter, have an organization officer contact the IRS at 877-829-5500. _Internal Revenue Service - Affiliate of national, statewide, or international parent nonprofit organization (charter) If your organization falls under a parent organization, attach copies of 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. X-.x-Internal Revenue Service - proof previously submitted to Gamblng Control Board If you previously submitted proof of nonprofit status from the Internal Revenue Service, no attachment is required. EXCLUDED BINGO ACTIVITY 1. x.x-No _Yes Has your organization held a bingo event in the current calendar year? If yes, list the dates when bingo was conducted 2. The proposed bingo event for which we are applying will be: XX- ol1fe of four or fewer bingo events held this year. Dates 3 _ 21 1 0 I " -).1-1 () I q ~ 210-10/ 11-/'1 _/0 OR _conducted up to 12 consecutive days in connection with a: _county fair. Dates _civic celebration. Dates Minnesota state fair. Dates 3. Person in charge of bingo event ~ lA...J ~ 4. Name of premises where bingo Wi{ be conducted Go 1 ~ n Vall e 5. Premises street address (tt)7(P7:J,.. 5l/{' -FSJI Daytim; phone0 1 (. '3 ~ 'IV 3 - ,20.2 VFW Post #7051 6.City Golden Valley If township, name of township County Hennepi n Bingo hard cards and bingo number selection devices may be borrowed from another organization authorized to conduct bingo. Otherwise, bingo hard cards, bingo paper, and bingo number selection devices must be purchased from a distributor licensed by the Gambling Control Board. To find a licensed distributor, go to www.gcb.state.mn.us an9 click on List of Licensed Distributors. Or call 651-639-4076. Be sure to complete page 2 LG240B Application to Conduct Excluded Bingo Page 2 of 2 1/10 Chief Executive Officer's Signature The information provided in this application is complete and accurate to the best of my knowledge. l ? (1) 7? ~.5Y.t _5rk Chief executive officer's signature /~ tt~ Phone number(c) 7''}~ "I":3-;lO~ Name (please print) (.:03....; 1.10c.1" I v Date j.- I~I /0 Local Unit of Government Acknowledgment and Approval If the gambling premises is within city limits, the city must sign this application. On behalf of the city, I approve this application for ?1:;~t1;~ Va/Ie; excluded bingo activity at the premises located within the city's jurisdiction. sfj,ture o~ity ~ersonnel f'€ceiving application Title ~ ~ Date8- 1 1!~ If the gambling premises is located in a township, only the county is required to sign this application. For the county: On behalf of the county, I approve Print county name this application for excluded bingo activity at the premises located within the county's jurisdiction. Signature of county personnel receiving application Title Date ~_I- For the township: On behalf of the township, (Township signature is not required) 1 acknowledge that the organization is applying for Print township name excluded bingo activity within the township limits. A township has no statutory authority to approve or Signature of township official acknowledging application deny an application (Minn. Stat. 349.166, Subd. 2). Title Date ~_I- Mail Application and Attachment(s) Send the application and proof of nonprofit You will receive a document from the Gambling Control Board with status to: your excluded permit number for the gambling activity. Your Gambling Control Board organization must keep its bingo records for 3-1/2 years. Suite 300 South 1711 W. County Rd. B Questions? Contact the Gambling Control Board at 651-639-4000. Roseviiie, MN 55113 Or, you may fax it to 651-639-4032. This form will be made available in alternative format (I.e. large print, Braille) upon request. Data privacy notice: The information requested on this form (and any attachments) will be used by the Gambling Control Board (Board) to determine your organization's qualifications to be involved in lawful gambling activities in Minnesota. Your organization has the right to refuse to supply the information; however, if your organization refuses to supply this information, the Board may not be able to deternune your organization's qualifications and, as a consequence, may refuse to issue a permit. If your organization supplies the information requested, the Board will be able to process your organization's application. Your organization's name and address will be public information when received by the Board. All other information provided will be private data about your organization until the Board issues the pennit. When the Board issues the permit, all information provided will become public. Ifthe Board does not issue a permit, all information provided remains private, with the exception of your organization's name and address which will remain public. Private data about your organization are available to: Board members, Board staff whose work requires access to the information; Minnesota's Department of Public Safety; Attorney General; Commissioners of Administration, Minnesota Management & Budget, and Revenue; Legislative Auditor, national and international gambling regulatory agencies; anyone pursuant to coul1 order; other individuals and agencies specifically authorized by state or federal law to have access to the information; individuals and agencies for which law or legal order authorizes a new use or sharing of information after this notice was given; and anyone with your written consent. Ladies Auxiliary to the Veterans of Foreign Wars Golden Valley Post 7051 7775 Medicine Lake Road Golden Valley, MN 55427 February 4, 2010 Golden Valley City Offices 7800 Golden Valley Rd. Golden Valley, MN 55427 Attn: Mayor and City Council In reference to our LG240B Application to Conduct Excluded Bingo, the Ladies Auxiliary to the Veterans of Foreign Wars requests that you waive the usual 30 day waiting period for the March 21, 2010 Bingo. With this permit request, we are also requesting 3 additional dates to conduct Bingo at the Golden Valley Post. The additional dates are June 27, Sept 26, and Nov 19. Thank you for your consideration. ~I~ Geri Westly, Co-Chairman 3020 Kilmer Lane No Plymouth, MN 55441 763-546-8511 (h) 763-443-2021 (c) GOLDEN VALLEY ENVIRONMENTAL COMMISSION Regular Meeting Minutes November 23, 2009 Present: Commissioners Anderson, Baker, Gitelis, Hill, Pawluk, and Stremel; AI Lundstrom, Environmental Coordinator, and Lisa Nesbitt, Administrative Assistant 1. Call to Order Baker called the meeting to order at 7:00 pm. 2. Approval of Reaular Meetina Minutes - October 5, 2009 MOVED by Stremel, seconded by Anderson, and the motion carried unanimously to approve the minutes of the October 5, 2009 meeting. 3. Solid Waste Haulina and Recyclina The proposal from Tim Goodman to assist in the Solid Waste_study was notapproved, therefore the City Manager has directed the Planning Dept. to assist the Environmental Commission with the study. The Commission is requesting that the Planning Dept. and potentially Council member Pentel attend the next meeting so that roles can be defined together. Staff will forward the request. 4. 2010 Meetina Schedule MOVED by Gitellis, seconded by Stremel, and the motion carried unanimously to approve the 2010 meeting schedule. All meetings will be the fourth Monday of the month with the exception of December when the meeting will be on the second Monday of the month. 5. Proaram/Project Updates A. TMDL - drafts are still on-line for review i. Sweeney Lake ii. Medicine Lake iii. Wirth Lake iv. Minnehaha Creek and Hiawatha v. Brownie Lake B. III - nothing to report C. Private Development Update - nothing to report. D. Emerald Ash Borer - Staff has applied for another grant. A management plan is still being developed. E. MPCA Progress Report - Data validation is still in progress. 6. Commission Member Council Reports None 7. Other Business None 8. Adjourn MOVED by Gitelis, seconded by Stremel, and the motion carried to adjourn. The meeting adjourned at 7:55 pm. The next scheduled meeting will be December 14, 2009 at 7:00 pm. Envision Connection Project Board of Directors Meeting Minutes December 17,2009 Present: Sharon Glover, Jim Heidelberg, Helene Johnson, Linda Loomis, Philip Lund, Dean Penk Marshall Tanick, Blair Tremere and Luke Weisberg (GVCEF Representative) Staff: Jeanne Andre The meeting began at 7:20 pm in the Council Conference Room. Approval of Minutes Tremere/Glover moved to approve the minutes of November 19, 2009 with typographical errors corrected. Motion carried. Proposed Community Foundation/Non-Profit Dean Penk reported on a meeting with Dan Blumb and Diane Nimmer of the Golden Valley Human Services Foundation (GVHSF) to discuss whether that group would like to collaborate on the establishment of a community foundation. The meeting was prefatory for a meeting with the whole group anticipated to occur on January 11. Dean reported that Dan and Diane were inclined to support the proposal as they could continue their operations with the benefit of accepting donations to a 501 (c)3 organization. The lack of this option has precluded some donations in the past. They requested that the Foundation Overview include language that reflects the mission and activities of the foundation when it is presented to the group in January. Members asked Chair Loomis to take on this task, with the understanding that the language could be removed if GVHSF chooses not to be a part of the foundation at this time. Luke Weisberg reported that he has informally talked to people at the Women's Club, Rotary, Optimists and the General Mills Foundation, but has not had a formal meeting with any of them. Rotary suggested a formal presentation to the group. Luke will try to set up a meeting with the General Mills Foundation in the next few weeks, at a time early or late in the day, so others could attend. The Rotary presentation would be on a Tuesday over the lunch hour. Blair Tremere and Linda Loomis said they might be available for that presentation. The group decided to try and schedule all of the meetings before the January 21 meeting. At that meeting they will prepare a presentation, anticipating discussing it with the City Council at its February 9 Council/Manager Meeting. Luke will prepare a few slides to visually represent the proposed Foundation structure. Bridge Building Activities Lilac Planting - Dwight Townes would like his committee to meet in January to start planning for planting in 2010. Penny Thompson-Burke is still interested in helping but is unable to lead the initiative to maintain the existing plantings. Cathy Waldhauser had suggested this should be a priority. Jeanne Andre suggested that this issue should be a priority for the January meeting. Library After School Program - The program is underway again. Blair Tremere reported that he was able to provide the library with General Mills granola bars left over from the Lilac Planting. Mary Anderson was appreciative and Lee Anderson at General Mills also appreciated the additional recognition of General Mills contributions to the community. Envision Connection Project Board of Directors Meeting Minutes December 17,2009 - Page 2 Ice Cream Social - Jeanne Andre is waiting to hear from the Park and Recreation staff about scheduling for 2010. Dog Park - Linda Loomis explained that the group has been waiting to hear from the Humane Society if it would like to partner on this project. If they agree, the next step would be to contact the Minneapolis Park Board about expanding the park onto adjacent Park Board property and having a three-way partnership. Marshall Tanick expressed willingness to speak with Park Board Members he knows about the project. Linda indicated she would seek a progress report from staff to determine if discussions can proceed with this site, or if the group should select another site. She noted that Annie Cleveland prefers a site in Wirth Park adjacent to the lake. Buckthorn Busting - Blair Tremere will be meeting with Pauline Langsdorf, who chairs the Bassett Creek Water Management Commission Education Committee, to see if it would sponsor educational seminars on buckthorn busting. Blair would like to organize a session for the spring of 2010, similar to the ones conducted by the City of Minnetonka. Garden Club - Linda Loomis reported that the evening garden club continues to meet. The most recent event involved carpooling to a meeting on Vermicomposting. Jeanne Andre reported that the club is considering adopting gardens created by Don Brown on Mendelssohn Road along the Highway 169 right-of-way. They want to create a xeriscape garden to demonstrate how to design for low water conditions. Members suggested tapping the Garden Club to help with ongoing maintenance for the lilac planting. Neighbors Helping Neighbors - Jeanne Andre reported that this program had its first referral, which has led to help for the homeowner from Calvary Church. PRISM is also seeking additional resources since the scope of needs exceeds what Calvary can do. Jeanne is also looking into seeking Community Development Block Grant (CDBG) funds to help pay for materials volunteers use to help maintain properties. Golden Valley must apply for CDBG funds through a competitive process for small cities in Hennepin County. Quarterly Meeting - Blair Tremere reported that he has been unable to get in touch with Jolly Jenny to see if she could help plan a volunteer day. The group supported proceeding with a meeting at the Minneapolis Crisis Nursery on Saturday, January 30. Jeanne Andre will use the list serve to invite Bridge Builders and Bridge Builder prospects. Board Members helped correct the contact lists of these two categories of volunteers. Members asked Jeanne to prepare an agenda for the meeting and include the Volunteer Day and recruitment of members to the Executive Board as agenda items. Helene Johnson suggested that the Volunteer Day initiative could benefit from the help of Golden Valley youth involved in the JCRC (Jewish Community Relations Council) volunteer initiative highlighted in an article that Marshall Tanick circulated at the meeting. Marshall will try and identify a local volunteer and invite him or her to attend the Quarterly Meeting. Dean Penk agreed to convene the meeting. Future Meetings Members suggested rescheduling the February meeting to be on February 25 and the May meeting to be on May 13. The next meeting will be on January 21. The meeting ended at 8:45 pm. Jeanne Andre, Assistant City Manager JOINT WATER COMMISSION MINUTES Golden Valley - Crystal - New Hope Meeting of October 7, 2009 The Golden Valley - Crystal - New Hope Joint Water Commission meeting was called to order at 1 :30 pm, in the City of Golden Valley Council Conference Room. Commissioners Present Tom Burt, City Manager, Golden Valley Anne Norris, City Manager, Crystal Kirk McDonald, City Manager, New Hope Staff Present Tom Mathisen, Director of Public Works, Crystal Randy Kloepper, Utility Maintenance Supervisor, Crystal Sue Virnig, Finance Director, Golden Valley Bert Tracy, Public Works Maintenance Manager, Golden Valley Dave Lemke, Utilities Maintenance Supervisor, Golden Valley Paul Coone, Operations Manager, New Hope Bernie Weber, Utilities Maintenance Supervisor, New Hope Guy Johnson, Director of Public Works, New Hope Minutes of August 5, 2009 MOVED by Norris, seconded by McDonald and motion carried unanimously to approve the minutes of the August 5, 2009 meeting. Resolution 09-05 regarding Approval of the Capital Improvement Program 2010-2014 Commissioner Norris introduced the following resolution and moved its adoption: RESOLUTION 09-05 ADOPTING THE 2010-2014 CAPITAL PROJECTS FOR THE GOLDEN VALLEY-CRYSTAL-NEW NEW HOPE JOINT WATER COMMISSION The motion for the adoption of the foregoing resolution was seconded by Commissioner McDonald and upon a vote being taken thereon, the following voted in favor there of Norris, McDonald and Burt; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Chair and his signature attested by the Vice Chair. Conservation Rates - Water Rates McDonald stated that New Hope is considering two options for a conservation rate and are planning to implement one of the plans in January of 2010. Norris stated that Crystal will be implementing a conservation rate in 2010, but the plan will not be in place on January 1, 2010. Joint Water Commission Page 2 of 2 Virnig stated that she'll suggest a three tier rate conservation charge for Golden Valley customers. Independent School District 281 Agreement Coone state that District 281 was informed the District would have to cover the attorney costs involved in writing up a contract for placing an antenna on the New Hope facilities. The District currently has limited funds. Clancy stated she would contact Golden Valley's City Attorney and get an estimate on the cost of preparing an agreement for District 281 to place their equipment on the facility in New Hope. Other Business Clancy suggested that New Hope, Crystal and Golden Valley prepare a spreadsheet listing the companies that currently have equipment attached to the Joint Water facilities and the spread sheet should include emergency contact information for each company. Mathisen stated he heard the cities of Savage and Burnsville had developed an agreement for managing surface water between the two cities. Mathisen thought their plan of mixing hard water with soft water might be a viable option when considering the JWC emergency water supply plan. Next Meeting The next meeting will be November 4, 2009. Adiournment The meeting was adjourned at 2 pm. Thomas D. Burt, Chair ATTEST: Christine Columbus, Administrative Assistant GOLDEN VALLEY HUMAN RIGHTS COMMISSION MEETING Minutes from the Meeting of August 19, 2009 Members Present: Christopher Jordan, Marion Helland, Anne Dykstra, Jay Sandvik and Debra Yahle. Members Absent: Bob Hoyt and Roger McConico. Staff Present: Chief Stacy Altonen and Mayor Linda Loomis. The meeting was called to order by Chair Jordan at 7:03 pm. OPEN FORUM There was no one present requesting to address the Commission. CHAIRPERSON'S REPORT APPROVAL OF MINUTES Commissioner Helland moved to approve the minutes of the July 9,2009 meeting; seconded by Commissioner Yahle. The minutes were unanimously approved. OLD BUSINESS: Review of Commission Bylaws and Guidelines There was discussion about the various subcommittees outlined in the bylaws. Chair Jordan inquired about a commission budget. Chief Altonen advised $3,000.00 is budgeted for educational events for the commission. COMMITTEE REPORTS I. Executive Committee Chair Jordan gave an overview of this committee, advising it should be comprised of the chair, vice-chair and two other commissioners. Appointments to this committee will be postponed to the next meeting when all commissioners are present. II. Nomination and Governance Committee There was discussion of this committee's responsibilities, including nomination and recruitment of new commissioners, orientation of new commissioners and overseeing attendance issues with current commissioners. Appointments of two commissioners to serve with the vice chair on this committee will be postponed to the next meeting when all commissioners are present. III. League of Minnesota Human Rights Commission Commissioner Dykstra reported on the Anoka-Hennepin School District settlement of a suit filed by a student who was being harassed by teachers and peers due to perceptions regarding his sexuality. Discussion ensued concerning community education about the Human Rights Commission and the local assistance that is available. Commissioner Helland distributed a flier for the conference being held December 4th between the MN Department of Human Rights and the League of MN Human Rights Commission. The next League of MN Human Rights Commission meeting is in Red Wing on August 23rd. Commissioner Dykstra advised a conference on racism will be held in November. More details will be forthcoming. IV. Program Committee Chair Jordan gave an overview of this committee and the various topics that would be discussed as part of this committee's responsibilities. Human Rights Community Issues Chief Altonen advised no issues have been reported to the police department. Commissioner Dykstra inquired about the Taser lawsuit article in the Sun Post newspaper. Chief Altonen advised litigation is ongoing in this matter. A settlement conference is scheduled for September 4th and if a settlement is not reached, a trial date has been set for September 28th. Commissioner Dykstra inquired if the officer involved is still employed as a police officer and Chief Altonen advised the officer involved is still an active employee. Bills Hobbs Human Riqhts Award Chair Jordan advised a subcommittee should be formed to handle this award. Commissioner Helland advised nominations are due by December 1 st. Share the Dream Chair Jordan expressed interest in having a series of Share the Dream events throughout the year. Nominations to this subcommittee will be postponed to a future meeting when more commissioners are present. Census Proiect Mayor Loomis advised there is a DVD that encourages participation in the Census that may be able to be played on Channel 16. Chair Jordan is working with Joe Hogeboom to organize a system for receiving submissions of various census project entries. Commissioner Dykstra expressed interest in helping with the census project. Chair Jordan advised the Bremer Grant funds have to be accepted by September 30th. NEW BUSINESS GOLDEN VALLEY HUMAN RIGHTS COMMISSION CALENDAR Chair Jordan expressed interest in creating an electronic calendar so commissioners will know when various events and deadlines are approaching. Once it is developed it will be e-mailed to commissioners as it is updated or will be listed in a shared file so all commissioners can access it. NEXT MEETING The next meeting is scheduled for Thursday, September 10th, beginning at 7PM. ADJOURNMENT Moved by Commissioner Dykstra, seconded by Commissioner Yahle to adjourn the meeting at 8:49 pm. Regular Meeting Minutes of the GOLDEN VALLEY OPEN SPACE & RECREATION COMMISSION Monday, November 23,2009 - 7:00 PM Brookview Community Center 1. CALL TO ORDER Sandler called the meeting to order at 7:00 p.m. 2. ROLL CALL The following members were present: Roger Bergman, Kelly Kuebelbeck, Bob Mattison, Emily Piper, Anne Saffert, Jerry Sandler, Dan Steinberg and Jim Vaughan. Also present were: Rick Jacobson, Director of Parks and Recreation; and Andy Soltvedt, Recreation Supervisor. The following members were absent: Ken Graves. 3. AGENDA CHANGES OR ADDITIONS None made. 4. APPROVAL OF MINUTES - October 26, 2009 MOVED by Bergman and seconded by Mattison to approve the October 26th meeting minutes. Motion carried unanimously. 5. RECREATION REPORT - ANDY SOL TVEDT Soltvedt introduced himself to the Commissioners. He gave a brief history on his previous work experience. He then gave a recap on summer programs. He said there were 181 tennis courses offered with 524 participants. He said most camps are held at Brookview with a few held at Scheid. He said there were 4 co-rec and 32 men's softball leagues this summer with games played at Schaper Park and fields in New Hope. He said there were 372 games played at Schaper this summer. Soltvedt said that the eleven Concerts in the Park were well attended with an average of 250 people at each. He said there were no rain-outs this year. He said his staff has been evaluating the number of attendees at the Davis Community Center gym programs. He plans to use those numbers to make changes as needed to maximize usage of the space. Minutes of the Golden Valley Open Space and Recreation Commission November 23, 2009 Page 2 He said there are 68 youth registered for ballet and 40 in tap. He said there are three sessions offered through April with a recital in the spring. He said adult boot hockey will be offered this winter on Thursday evenings. The program will be offered with New Hope, Crystal, Brooklyn Park and Brooklyn Center. Cost will be $225 for a resident team and $285 for a non-resident team. It covers six officiated games. Youth basketball starts in January. He said he's always looking for volunteer coaches. He plans to work with staff to update marketing materials for programs and facility rental. Soltvedt said all parks are currently adopted through our Adopt-A-Park program. He said the program is going well. He added that the Music for Everyone program has been running through Golden Valley for 20 years. The program offers piano and guitar lessons. He said registrations are down from previous years. He plans to take a look at the program offerings and may make changes or additions accordingly. 6. ATHLETIC FIELD GRANT PROGRAM Jacobson thanked the sub-committee for their efforts in putting the application together. He said a decision should be made by the first of the year. 7. CAPITAL IMPROVEMENT PROGRAM Jacobson said the Capital Improvement Program for 2010-2014 moved ahead to the Council. In an effort to cut back on spending, $1 OOK was taken out of the Playground Equipment Replacement program for 2010. Jacobson explained that adjustments in other departments were made as well. 8. ADJOURNMENT MOVED by Bergman and seconded by Kuebelbeck to adjourn at 8:00 p.m. Motion carried unanimously. Bassett Creek Watershed Management Commission Minutes of the Meeting of December 17, 2009 1. Call to Order The Bassett Creek Watershed Management Commission (BCWMC) was called to order at 11:40 a.m., Thursday, December 17,2009, at Golden Valley City Hall by Chair Welch. Ms. Herbert conducted roll call. Roll Call Crystal Golden Valley Medicine Lake Minneapolis Minnetonka New Hope Plymouth Robbinsdale St. Louis Park Also present: Commissioner Pauline Langsdorf, Secretary Commissioner Linda Loomis, Treasurer Not represented Commissioner Michael Welch, Chair Commissioner Kris Sundberg Commissioner Daniel Stauner Alternate Commissioner Liz Thornton Not represented Alternate Commissioner Justin Riss Counsel Engineer Recorder Charlie LeFevere Karen Chandler Amy Herbert Laura Adler, BCWMC Technical Advisory Committee, City of St. Louis Park Derek Asche, BCWMC Technical Advisory Committee, City of Plymouth Jeannine Clancy, BCWMC Technical Advisory Committee, City of Golden Valley Jack Frost, Metropolitan Council Dave Hanson, Alternate Commissioner, City of Golden Valley Randy Lehr, Three Rivers Park District Tom Mathisen, BCWMC Technical Advisory Committee, City of Crystal Stu Stockhaus, Alternate Commissioner, City of Crystal Liz Stout, BCWMC Technical Advisory Committee, City of Minnetonka 2. Approval of Agenda and Consent Agenda Commissioner Loomis moved to approve the agenda. Commissioner Stauner seconded the motion. The motion carried unanimously [Cities of Medicine Lake and Robbinsdale absent from the vote]. Commissioner Loomis moved to approve the consent agenda. Acting Commissioner Thornton seconded the motion. The motion carried unanimously [Cities of Medicine Lake and Robbinsdale absent from the vote]. 3. Citizen Input on Non-Agenda Items No citizen input on non-agenda items. 4. Administration A. Presentation of the November 18, 2009, BCWMC meeting minutes. The minutes were approved under the consent agenda. B. Presentation of the Financial Statement. The December financial statement was received and filed under the consent agenda. The general and construction account balances reported in the December 2009 Financial Report are as follows: Checking Account Balance TOTAL GENERAL FUND BALANCE 482,167.24 482,167.24 Construction Account Cash Balance Investment due 10/18/2010 TOTAL CONSTRUCTION ACCOUNT BALANCE -Less: Reserved for CIP projects Construction cash/ investments available for projects 3,008,992.67 533,957.50 3,542,950.17 3,256,699.00 286,251.17 C. Presentation of Invoices for Payment Approval. Invoices: i. Kennedy & Graven - Legal Services through October 31, 2009 - invoice for the amount of $1,714.95. ii. Barr Engineering Company - November Engineering Services - invoice for the amount of $28,370.95. iii. Amy Herbert - November Recording Administrator Services - invoice for the amount of $2,093.39. Commissioner Loomis moved to approve the payment of the invoices. Commissioner Stauner seconded the motion. By call of roll, the motion carried unanimously with seven votes in favor [Cities of Medicine Lake and Robbinsdale absent from the vote]. D. Resolution 09-07 to Transfer Budgeted BCWMC Funds from its Administrative Account to its Erosion/Sediment (Channel Maintenance), Long-Term Maintenance, and TMDL funds. Commissioner Loomis moved to approve Resolution 09-07. Acting Commissioner Thornton seconded the motion. The motion carried unanimously [Cities of Medicine Lake and Robbinsdale absent from the vote]. 5. New Business No New Business this month. 6. Old Business A. Medicine Lake Draft TMDL Update. Chair Welch reported that Hans Holmberg of LimnoTech, the MPCA's contractor for the TMDL, is trying to finish the report and that Brooke Asleson of the MPCA has said the BCWMC should receive the TMDL in the second half of December. Ms. Herbert added that yesterday Ms. Asleson communicated to her that the BCWMC would receive it in early January. Chair Welch asked if the Commission wants to formally communicate to the MPCA its expectations of receiving the TMDL by a deadline date. Commissioner Stauner asked if the delay in receiving the TMDL would impact the cities' MS4 permitting or reporting process. Mr. Asche replied that it would not and that municipalities will have 18 months to update their SWPPPs from the date of receiving the final TMDL. The Commission indicated it did not think a formal communication would be worth the time spent on putting it together. Chair Welch said he would 2 #249452 vI BCWMC December 17, 2009 Meeting Minutes informally communicate with Ms. Asleson that the BCWMC wants to see the Medicine Lake TMDL get wrapped up as soon as possible. Chair Welch suggested having an update on the Sweeney Lake and Wirth Lake TMDLs now while the Commission is on the topic of TMDLs. Chair Welch said Ron Leaf of SEH, Inc., the BCWMC's contractor for the Sweeney Lake TMDL, reported that he is waiting for comments back from the MPCA on the TMDL report. Ms. Chandler said Mr. Leaf indicated to Barr Engineering that the MPCA will get the comments to SEH by Tuesday, December 220d and that the comments will include the MPCA's comments as well as comments from the Minnesota Board of Water and Soil Resources (BWSR) and the Minnesota Department of Natural Resources (DNR). She said Mr. Leaf suggested that the BCWMC and SEH review the comments once received and if no significant implementation concerns are raised then the review of the draft implementation plan should be scheduled to occur in January. Ms. Chandler said there is no update on the Wirth Lake TMDL. Chair Welch asked for the Wirth Lake TMDL to be added to the January meeting agenda and asked Ms. Chandler to ask Greg Wilson of Barr Engineering to provide an update for the meeting packet and an update on the status of the contract. B. Administrative Services Committee Update. Chair Welch reported that the Committee met to discuss the draft Request for Proposals (RFP) for administrative services provided by Springsted, Inc. He said that the RFP in the meeting packet was the version from Springsted and that today's handouts include the RFP and also a position description and that one version includes his comments and one version contains Commissioner Black's revisions. Chair Welch said the Committee recommends distributing the RFP and position description via e-mail to a list of people put together by the Committee, including recommendations from BWSR, and via posting on the BCWMC's Web site and the MPCA's SEEK Web site. He said the Committee is open to additional locations for posting the RFP and stated that Commissioners are welcome to forward the e-mail to contacts they have who may be qualified and interested. Mr. LeFevere suggested posting the position with the League of Minnesota Cities job listing. The Commission discussed whether or not the qualifications should include that applicants must hold a bachelor's degree and decided to make it a requirement. Chair Welch stated that he plans to step down from the Chair position at the end of the term in January and asked the Commission to keep that fact in mind as it considers the RFP and the applicants for the position. Commissioner Stauner commented that the current position description portrays the position as a job instead of a contract. He recommended that the description be revised to clearly state that the BCWMC is looking to contract for the administrative services. Commissioner Stauner remarked that the position description also should include that the person will act as the primary contact for the public. The Commission discussed the RFP's requirement that a writing sample be submitted and decided the RFP should require the submission of a professional writing sample. The Commission decided that the RFP should require that the submissions be sent electronically as a PDF to the BCWMC's Deputy Treasurer, Sue Virnig. The Commission decided that hard copies of applications would not be accepted and that the RFP should not state that receipt of applications will be confirmed nor should the RFP list dates of applicant interviews or of the Commission's final decision. Commissioner Loomis move to approve the discussed revisions and the distribution of the revised RFP and position description and their posting on the discussed Web sites. Commissioner Sundberg seconded the motion. The motion carried unanimously [Cities of Medicine Lake and Robbinsdale absent from the vote]. Chair Welch said he will draft the discussed changes and will send them to the Administrative Services Committee for review and then to Commissioner Black for distribution. 3 #249452 vI BCWMC December 17, 2009 Meeting Minutes C. Education and Public Outreach Committee i. $100 Budget Increase for Teacher Focus Group. Commissioner Langsdorf reported that the focus group will occur on January 14th and that seven out of ten teachers have accepted the invitation to participate. She reminded the Commission that it approved a budget to pay a $100 stipend to each participating teacher and requested the Commission approve an additional $100 to cover a pizza lunch for the participants. She said the additional budget will only be used if the full amount of the original $1,000 budget is spent. Commissioner Loomis moved to approve the additional $100 for pizza for the focus group. Chair Welch seconded the motion. The motion carried unanimously [Cities of Medicine Lake and Robbinsdale absent from the vote]. D. Resource Management Plan. Chair Welch reminded the Commission that at its November meeting it directed staff to sound out the possible costs involved in conducting a cultural resource review due to comments submitted to the U.S. Army Corps of Engineers on the BCWMC's Resource Management Plan (RMP). He said that Jeff Lee of Barr Engineering is working with the Corps and with the consultant who did the initial cultural resources review for Barr Engineering as part of the RMP. Ms. Chandler said that as part of the RMP there was a paper-type of archeological survey, meaning a review of documents that have already been published. She said if there are sites in the RMP that require an on-the-ground survey, also known as a shovel test," the Commission Engineer estimates the cost to be $6,000 - $8,000. She said that cost estimate is based on the premise that the BCWMC uses a contractor similar to the one used for the paper survey. Ms. Chandler said that the cost estimate might change based on the outcome of the meeting between the Commission Engineer, the U.S. Army Corps of Engineers (the Corps), and the interested Commissioners. Ms. Chandler reported that the Corps would like to hold a meeting in January involving their staff archeologist Brad Johnson, staff members Joseph Vanta and Melissa Jenny, the representatives from Barr Engineering including Len Kremer and Jeff Lee, and the Commission representatives. Chair Welch asked to be included on the e-mail that is coordinating the meeting dates and said he would like to attend but that his availability is secondary to Mr. deLambert's schedule. Commissioner Stauner said that he would like to be informed about the meeting date. Chair Welch explained that the cultural review costs are ballpark numbers at this time because the Commission needs to hear from the Corps about which sites need to be reviewed before the information can be forwarded to a contractor for a cost estimate. Chair Welch clarified that the review costs are project costs the BCWMC would incur even without the RMP because the cultural review would be part of any Corps review. Ms. Chandler explained that the BCWMC is trying to get ahead in the process so the cultural review doesn't present a delay down the road. Ms. Chandler reported that Joseph Vanta of the Corps indicated that after the January meeting between Corps staff and the BCWMC representatives, the Corps would develop a cultural resources memorandum of agreement with the BCWMC, the State Historical Preservation Office, and other interested parties - perhaps the cities - to outline the steps that would need to be taken before the BCWMC could begin work. E. Mississippi River E. Coli TMDL Update. Chair Welch explained that the MPCA is conducting the Upper Mississippi River Bacteria TMDL. He said the Bassett Creek Main Stem is also impaired for bacteria and the issue in front of the Commission is whether it wants that TMDL to 4 #249452 vI BCWMC December 17, 2009 Meeting Minutes be done as part of the Upper Mississippi River Bacteria TMDL. Chair WeIch stated that Barb Peichel's memo to the Commission assumes that the Bassett Creek TMDL will occur as part of the Upper Mississippi River TMDL. He said that one main theme that comes through from her memo is that things are very open ended right now and it is not yet clear how the process will proceed. Ms. Chandler reported that Len Kremer spoke yesterday to Barb PeicheI. She said their conversation included the pros and cons of the BCWMC doing the Bassett Creek bacteria TMDL as part of the Upper Mississippi River TMDL. Ms. Chandler listed that one pro is that the BCWMC would be eligible for implementation project funding sooner. Chair WeIch pointed out it would only be available sooner if the TMDL was completed sooner than if the BCWMC conducted it on its own. Chair WeIch stated that Ms. Peichel's memo lists the goal for the Upper Mississippi TMDL as having a draft in 2012 - 2013. Ms. Chandler said another pro for going under the umbrella of the MPCA's TMDL is that costs would be covered by the MPCA, outside of the BCWMC paying for its staff representation in the project. She said the MPCA communicated that it is not sure it will have funds available for the BCWMC to conduct the TMDL on its own. Ms. Chandler reported that Ms. Peichel said that waiting to conduct the TMDL probably won't change the level of detail required for the TMDL. Ms. Chandler said that as a point of information, whichever way the BCWMC conducts the TMDL, the TMDL probably won't be completed by 2011 when the MS4 permits are supposed to be renewed. Chair WeIch pointed out that the Commission does have funds earmarked for TMDLs but the current available balance won't cover the cost of the Bassett Creek E. coli TMDL. He said another consideration is whether the Commission wants to sign on for conducting another TMDL in collaboration with the MPCA. Chair WeIch said it makes sense to get a couple of commissioners, a staff member, Barb Peichel and Brooke Asleson of the MPCA together to address some of the Commission's questions. He said staff should put together a memo of the outcomes of that meeting for the TAC's review and then the TAC should present recommendations to the Commission. Chair WeIch directed the Commission Engineer to coordinate the meeting to occur in January after the January BCWMC meeting and to invite Commissioner Loomis and Alternate Commissioner Riss. He directed staff to add the item to the TAC's March meeting agenda and to the BCWMC's March meeting agenda. [Commissioner Sundberg departs meeting.] F. Flood Control Project Inspections. Ms. Chandler explained that there were two aspects to this year's inspection: the required annual above-ground inspection that occurred in mid- to late- November and the November 19th inspection of the double box culvert, which is inspected every five years. She pointed out the summary and recommendations listed on the first page of the December 9th inspection memo that was included in the meeting packet. Ms. Chandler reported that the double box culvert is in good condition; however, she stated that a three-inch hole was discovered during the flood control inspection. She said that the hole needs to be patched and that Barr Engineering recommends that the BCWMC notify the Minnesota Ballpark Authority (BP A). She said cracks and other deficiencies noted in the double box culvert inspection do not need to be addressed at this time and will be inspected in the next five-year inspection. Ms. Chandler stated that copies of the inspection notes and report will be sent to the City of Minneapolis and the U.S. Army Corps of Engineers. Chair WeIch stated that it seems that the request for the repair of the three-inch hole can wait until the BCWMC sees who will be handling it and requested that the inspection notes and report also be sent to the BP A. Ms. Chandler said that Barr Engineering will complete the 2009 flood control inspection report in early 2010 and the report will be available for the BCWMC's February meeting. Mr. LeFevere said he spoke with the BP A yesterday and informed them of the hole in the ceiling of the tunnel #249452 vI 5 BCWMC December 17, 2009 Meeting Minutes and said the BP A had not been aware of it. He said he thinks the issue would be resolved by the BCWMC informing the BPA of the hole and then the BPA arranging for the contractor to return to the site to repair the hole it drilled in the double box culvert. Chair Welch said the ownership of the easement above the tunnel is not yet resolved but that Mr. LeFevere is working on it. Ms. Clancy requested that Barr Engineering coordinate the annual flood control project inspection with city staff. Chair Welch said that going forward the BCWMC should invite city staff to accompany Barr on the annual inspection. G. Clean Water Fund Grants Update. Chair Welch asked for staff to give an update regarding Hennepin County's grant program before the update about the Clean Water Fund Grants. Ms. Chandler said the Hennepin County staff members haven't made their formal recommendations to the Hennepin County Board of Commissioners (County Board). Commissioner Loomis said that Joel Settles of Hennepin County contacted the City of Golden Valley to discuss its application. Mr. Asche said that Joel Settles also contacted him regarding the City of Plymouth's application. Commissioner Loomis said Mr. Settles told the City of Golden Valley that it will be getting funding just not in the amount requested. Mr. Asche reported that he received the same message from Mr. Settles. Ms. Chandler said the County Board is slated to make its final recommendations in January. Chair Welch commented that BWSR got $44 million in requests for the $13- $14 million available for Clean Water Fund Grants. 7. Communications A. Chair: i. Chair Welch reminded the Commission that it will elect a new set of officers at the February meeting. ii. Chair Welch announced that the City of Plymouth's Web site has an application where people can sign up for e-mail updates on the Plymouth Creek restoration project. iii. Chair Welch stated that the DNR is pulling together a work group to consider existing plans and policies, existing ordinances and conditions, identified resources and features and other things in the Mississippi Corridor and if anyone is interested in the announcement to let him know. iv. Chair Welch reported that the MPCA has what it calls its 10-year intensive watershed monitoring and that in 2010 the Bassett Creek Watershed is part of that monitoring. He said that Brooke Asleson of the MPCA contacted him regarding the BCWMC convening a meeting to discuss what monitoring and data exists and what data needs there may be. Ms. Herbert reported that she will work with Ms. Asleson to coordinate the meeting. B. Commissioners: i. Mr. Asche reported that the Plymouth Creek water quality project started yesterday with tree removal and that the dewatering process will start next week. He commented that the Commission should consider the project as a tour stop in its next watershed tour. C. Committees: Education Committee: i. Ms. Langsdorf announced that the Committee expects the salt article to be written and marketed in early January. #249452 vI 6 BCWMC December 17, 2009 Meeting Minutes ii. Ms. Langsdorf stated that the Committee decided it is not ready to recommend that the BCWMC sign the NEMO charter because there isn't anyone available to attend the meetings at this time. iii. Ms. Langsdorf announced that the next BCWMC Education Committee meeting is January ih in the Council Conference Room at Golden Valley City Hall at 9:00 a.m. iv. Ms. Langsdorf said at the last Joint Education and Public Outreach Committee meeting the group continued working on the education plan, which will be ready in a few months. v. Ms. Langsdorf said the Committee recommends that the new administrative services contractor assist with education activities. Chair Welch commented that he did add educational activities into the scope of services listed in the RFP. D. Counsel: i. Mr. LeFevere stated that the first draft of the easement agreement from the BP A had a lot of problems. He said the BP A then separated the tunnel easement into a separate document. He said the tunnel easement is an easement for the City of Minneapolis. He reminded the Commission that the BCWMC doesn't have easements and doesn't have the legal authority under its Joint Power Agreement to have easements. Mr. LeFevere said the City of Minneapolis is obligated under contract to maintain the tunnel easement. He said the agreement is now coming along well and he thinks the City will end up with an easement better than it had before. Mr. LeFevere remarked that it looks like the BPA will allow access to the tunnel in emergencies by trenching down to it. He said the next draft is due in the next week or so and he expects it will all be sorted out before the Commission's January meeting. ii. Mr. LeFevere said he received the dividend check from the League of Minnesota Cities Insurance Trust and he passed it on to Treasurer Loomis. E. Engineer: No communications. 9. Adjournment Acting Commissioner Thornton moved to adjourn the meeting. Commissioner Loomis seconded the motion. The motion carried unanimously. The meeting adjourned at 1:30 p.m. Michael Welch, Chair Date Amy Herbert, Recorder Date Pauline Langsdorf, Secretary Date #249452 vI BCWMC December 17, 2009 Meeting Minutes 7 Hey Public Works 763-593-8030 I 763-593-3988 (fax) Executive Summary For Action Golden Valley City Council Meeting February 16, 2010 Agenda Item 3. E. 1. Sidewalk Maintenance Tractor and Attachments Prepared By Jeannine Clancy, Director of Public Works Bert Tracy, Public Works Maintenance Manager Summary The 2010-2014 Capital Improvement Program includes $55,000 for one sidewalk maintenance tractor (V&E-051, page 21). The Bobcat 5600 Turbo Toolcat replaces a 1999 MT trackless Unit number 747 sidewalk machine. The replacement of the unit 747 meets the goals of the City's new Fleet Operation, Maintenance, and Replacement Policy and Vehicle and Equipment Replacement Guidelines. The existing unit has a Vehicle Condition Index (VCI) of 35. Equipment with VCI points exceeding 28 points meets the highest level for replacement. This unit is 11 years old and the expected life of a sidewalk machine is 10-12 years. Staff will utilize the Toolcat for winter sidewalk maintenance, spring street sweeping, brush and tree trimming cleanup and removals, dirt work, landscaping, grading, etc. The Minnesota Materials Management Division has awarded the following contracts: Contract No. Item Vendor Amount 442439 Bobcat 5600 Turbo Toolcat Tri State Bobcat, Inc. $38,977.44 Tax $2,679.70 Subtotal $41,657.14 441607 68" Angle Broom Tri State Bobcat, Inc. $3,459.84 441607 60" Snow blower Tri State Bobcat, Inc 3,404.76 441607 84" Grader Tri State Bobcat, Inc 5,402.60 Tax 843.37 Subtotal $13,110.57 TOTAL PURCHASE $54,767.71 Recommended Action Motion to approve purchase of one 2010 Bobcat Turbo Toolcat and attachments in the amount of $54,767.71 alley m ndu Public Works 763-593-8030 I 763-593-3988 (fax) Executive Summary For Action Golden Valley City Council Meeting February 16, 2010 Agenda Item 3. F. Fleet Operation, Maintenance, and Replacement Policy and EquipmenWehicle Replacement Guidelines Prepared By Jeannine Clancy, Director of Public Works Bert Tracy, Public Works Maintenance Manager Summary The City of Golden Valley's Fleet Operation, Maintenance, and Replacement Policy and EquipmenWehicle Replacement Guidelines are attached for the Council's approval. The policy and guidelines are intended to ensure the availability of funds for the operation, maintenance, acquisition, and replacement of City vehicles in all departments with the exception of those owned by the Golf Course. The goal of the Public Works Department Vehicle Maintenance Division is to provide vehicles that are dependable, flexible, efficient, and responsive so that City departments and divisions can operate in a cost-effective manner, minimizing the City's vehicle equipment budget. The policy establishes a sound business approach associated with the cost benefits of equipment and its capabilities, purchase funding, and making decisions on acquisition and replacement considering the level of usage and demonstrated needs. Departments/divisions are asked to review fleet and equipment needs and continually seek to increase fuel efficiency, consider alternative or flexible fuel fleet and equipment, reduce the number of vehicles, convert diesel fleet and equipment to bio-diesel, and promote the anti-idling policy. This policy was reviewed at the Council/Manager meeting on February 9,2010. Attachments Resolution Authorizing Approval of the Fleet Operation, Maintenance, and Replacement Policy and the EquipmenWehicle Replacement Guidelines (11 pages) Recommended Action Motion to adopt Resolution Authorizing Approval of the Fleet Operation, Maintenance, and Replacement Policy and EquipmenWehicle Replacement Guidelines. Resolution 10-12 February 16, 2010 Member introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING APPROVAL OF THE FLEET OPERATION, MAINTENANCE, AND REPLACEMENT POLICY AND THE EQUIPMENTNEHICLE REPLACEMENT GUIDELINES WHEREAS, the City of Golden Valley finds it is in the best interest of the City to provide effective and efficient fleet and equipment services for operating departments/division so they may best serve the residents and businesses of Golden Valley; and WHEREAS, the policy will ensure the availability of funds for the operation, maintenance, acquisition, and replacement of fleet and equipment; and WHEREAS, the policy establishes a sound business approach associated with the cost benefits of equipment and its capabilities, funding purchases, methodology, and making decisions on acquisition and replacement considering the level of usage and demonstrated needs; and NOW, THEREFORE, BE IT RESOLVED that the City Council adopts the Fleet Operation, Maintenance, and Replacement Policy and the EquipmenWehicle Replacement Guidelines dated February 2010. 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. Resolution 10-12 - Continued February 16, 2010 Fleet Operation, Maintenance, and Replacement Policy Message from the Manager Motor vehicles and equipment are vital to day-to-day operations and service delivery activities of the City of Golden Valley. The Public Works Department Vehicle Maintenance Division is responsible for the stewardship of the City's fleet and equipment assets and for meeting the fleet and equipment service requirements of City departments. The division also develops fleet and equipment utilization and replacement policies and schedules. The Vehicle Maintenance Division is an internal service division of the Public Works Department of which the costs are allocated to the other City departments for services provided. The main goal of the Public Works Department Vehicle Maintenance Division is to provide vehicles that are dependable, flexible, efficient, and responsive so that City departments and divisions can operate in a cost-effective manner, minimizing the City's vehicle equipment budget. The division is also committed to maintaining the City's fleet and equipment so that the equipment is readily available for performing City operations and keeping downtime to a minimum. The Public Works staff works with all departments to embrace a philosophy which emphasizes the value of the importance of vehicle and equipment availability, safety, reliability, and efficiency as well as preserving the City of Golden Valley's major capital investment in fleet and equipment. The City has established a capital replacement schedule to replace aging vehicle and equipment. The vehicle and equipment replacement schedule, in conjunction with the 5-year Capital Improvement Program (CIP) and operating budgets, is used to plan any major capital investment (the CIP reflects only those investments that exceed $10,000). New equipment or other items, which are not part of a replacement schedule, are funded annually out of the originating or requesting department's operating budget. Tom Burt City Manager February 2010 Resolution 10-12 - Continued February 16, 2010 Purpose The purpose of this policy is to assign responsibility to the City of Golden Valley's Public Works Department Vehicle Maintenance Division for the operation, maintenance, acquisition, and replacement of vehicles and equipment owned and operated by the City, with the exception of vehicles and equipment used by Brookview Golf Course, which are acquired, operated, maintained, and replaced by Golf Maintenance. Pol icy This policy is intended to ensure the availability of funds for the operation, maintenance, acquisition, and replacement of fleet and equipment. Adherence to this policy will provide effective and efficient fleet and equipment services for operating departments/divisions to provide the best services for the residents and businesses of Golden Valley. This policy establishes a sound business approach associated with the evaluation of vehicle and equipment cost and capabilities, purchasing and funding methodology, and making decisions on acquisition and replacement considering the level of usage and demonstrated needs. Departments are asked to review vehicle and equipment needs with a goal of increasing fuel efficiency, consideration of alternative and/or flexible fuels, reducing the number of vehicles, conversion of the diesel vehicle and equipment to bio-diesel, and promoting the anti-idling policy. 1. Vehicle and Equipment Replacement A vehicle and equipment replacement schedule is maintained by the Public Works Department Vehicle Maintenance Division and Finance Department. Replacement of vehicle and equipment will generally follow the attached Equipment and Vehicle Replacement Guidelines and are summarized as follows and listed as Attachment A: a. Description b. Unit number c. Classification d. Year purchased e. Purchase price f. Expected service life g. Projected replacement cost h. Annual fuel, maintenance, and overhead costs by vehicle classification 2. Vehicle and Equipment Maintenance Vehicle and equipment preventative maintenance schedules are maintained by the Public Works Department Vehicle Maintenance Division with the goal of keeping vehicles and equipment available 95% of the demand time. Resolution 10-12 - Continued February 16, 2010 a. Generally, maintenance standards and procedures are as recommended by the vehicle/equipment manufacturer or other recognized authority, or utilizing the Public Works Department Vehicle Maintenance Division Preventative Maintenance Schedules. I. Daily maintenance inspections are performed by operators and maintenance personnel using the Pre-operation Inspection Form. II. Scheduled maintenance is performed by the maintenance mechanics considering the above-referenced Preventative Maintenance Schedules. III. Demand maintenance is generated by user activities and may require outside services. The Service Request Form is used to request demand maintenance. IV. All maintenance done by the operator shall be coordinated with the Vehicle Maintenance Division. b. The Public Works Department Vehicle Maintenance Division may remove equipment or vehicles from service based on the Commercial Vehicle Safety Alliance (CVSA) Out-of -Service Criteria (OSC) or other recognized criteria. 3. Vehicle and Equipment Operation The use of City vehicles or equipment is approved only for matters related to City job responsibilities or for City business. Operation of City vehicles and equipment shall be in accordance with the Employee Handbook, Section 5.0, Subd. 5.25, Vehicle Use, January 1, 2006. Care and cleaning of vehicle and equipment is the responsibility of the user. The Public Works Department Vehicle Maintenance Division will manage and maintain the central fuel system. This includes fuel system access assignments and records management. a. Dedicated department vehicles shall be assigned to departments whose job duties require the immediate availability of a vehicle. I. Dedicated vehicle use shall be subject to the same limitations and conditions as identified in the Vehicle Use Policy. b. Shared vehicles should be considered for employees with similar job duties and should be considered in lieu of a dedicated vehicle. Resolution 10-12 - Continued February 16, 2010 Funding Vehicle and equipment replacement will be funded through the CIP. The Public Works Department Vehicle Maintenance Division will maintain a current and complete inventory of all vehicles and equipment in coordination with all users and the Finance Department. These inventories will establish all divisions/department vehicle and equipment replacement schedule. All vehicles and equipment maintained by the Vehicle Maintenance Division will be reviewed on an annual basis for replacement. If a department/division has requested replacement or an addition to the fleet, Vehicle Maintenance will make a recommendation on the purchase for the CIP to the City Manager. The CIP will be presented to the City Council for consideration and approval during the budget process. 1. Funding New and Replacement Vehicles and Equipment Fleet and equipment projected for replacement, or additional vehicles and equipment, will be funded through the CIP process. Upon acquisition, all fleet and equipment purchased shall be included in the vehicle and equipment inventory database. Requests for fleet and equipment replacement will be addressed through the normal budget process. a. Fleet and equipment with a value in excess of $10,000 purchased for the first time must be included in the CIP. b. Fleet and equipment with a value less than $10,000 purchased for the first time does not have to be included in the CIP, but must be included in the operating budget. 2. Funding of Operational Expenses a. Fuel Allocation Fuel is allocated based on usage by each piece of equipment or vehicle and billed monthly to the responsible department. Pricing for fuel is based on average total cost of inventory and an overhead charge, as set by the Finance Department. 3. Reassigned Equipment a. Reassigned equipment may be used in lieu of new vehicles/equipment with written approval by the City Manager. Reassignment duration will be as determined annually by the Public Works Department Vehicle Maintenance Division. Reassignments moved within or across departments/divisions will be charged for conversion costs to the receiving department/division by internal service charges. Reassignments with no conversion costs will not be charged. The Finance Department will be notified of all reassignments for fixed assets and insurance reports. Resolution 10-12 - Continued February 16, 2010 4. Equivalent Replacement/Upgrades a. The CIP fund is structured to replace each vehicle or piece of equipment with an equivalent unit, unless specified/justified, during the budget process. b. Cost increases due to upgrades, changes in type of fleet or equipment, addition of options, or other upgrades associated with vehicles scheduled for replacement, shall be highlighted and clearly summarized as an element of the CIP by the department requesting the upgrade or addition in options. Responsibilities 1. Department Directors shall be responsible for: a. Ensuring that all vehicles and equipment for replacement requests are of the appropriate type and have only those items/options that are operationally required. b. Submitting requests for replacement with cost estimates to the Finance Department and the Public Works Maintenance Manager prior to the CIP and budget process. 2. The Public Works Department Vehicle Maintenance Division shall be responsible for: a. Submitting a 5-year Capital Improvement Program to the Finance Department and City Manager during the budget process. b. Reviewing replacement schedule annually with departments during the budget process to ensure all vehicles and equipment are replaced as appropriate. c. Establishing the Vehicle and Equipment Replacement Schedule. d. Tracking fuel, labor and repair parts annually, and provide this information to Finance and responsible departments. e. Identifying the actual historical cost and variations in cost performance based on lifetime-accumulated age and usage of the various vehicle and equipment types (classifications) . 3. The Finance Department shall be responsible for: a. Completing an analysis and reconciliation of the vehicle replacement CIP on an annual basis. Resolution 10-12 - Continued February 16, 2010 Purchasing and Disposal 1. Purchasing Procedures a. New vehicles and equipment will be purchased by the Public Works Maintenance Manager, as assigned by the Director of Public Works and in accordance with Minnesota Statute 471.345. Acquisitions require the cooperation and assistance of many departments. b. When possible, purchases will be made from the State of Minnesota, Hennepin County, or other Joint Purchasing Agreement contracts, as permitted by State Statute. These purchases will also follow the City's purchasing policy. c. Details for budgeting will be provided by the Finance Director when providing the overall budget guidelines. 2. Equipment Disposal a. Disposal of equipment shall be in accordance with the City's business standard of disposing all vehicles and equipment by auction, trade-in, or other approved methods. b. When vehicles and equipment are replaced, there may be reassignment of vehicles or equipment, but there will be no fleet or equipment hold over on the fleet after a replacement is purchased. Adding fleet or equipment to the inventory without City Manager authorization is not permitted. c. In order to address the seasonal or short-term needs, fleet or equipment may be retained temporarily for a period not to exceed nine months from the date the replacement fleet or equipment is placed into service. Request for Vehicles, Equipment, and Service 1. Requesting Vehicles or Equipment a. New vehicles or equipment in excess of $10,000 must be made and approved through the CIP budget process, and have a life of more than three (3) years. The request shall be discussed with the Public Works Maintenance Manager and Vehicle Maintenance Division to avoid duplication of equipment and to discuss the appropriate type and size of vehicle or equipment requested. b. Request for new vehicle or equipment less than $10,000 must be made and approved through the normal budget process. Resolution 10-12 - Continued February 16, 2010 2. Repair and Maintenance of Vehicle or Equipment Requests a. All repair and maintenance of vehicles and equipment will be made by completing the Vehicle Maintenance Repair Slip, as provided by the Vehicle Maintenance Division. Acquisition Request(s) The 5-year CIP will be reviewed and evaluated annually as part of the budget process. In any given year, vehicle or equipment originally planned for replacement may be adjusted as necessary to account for current needs. Resolution 10-12 - Continued February 16, 2010 alley ATTACHMENT A VEHICLE AND EQUIPMENT REPLACEMENT GUIDELINES Public Works Department Vehicle Maintenance Division Management Methodology To manage the City's fleet in a manner that theoretically all of the City's motorized equipment and vehicles are maintained and disposed of by the Public Works Department Vehicle Maintenance Division. The Vehicle Maintenance Division has full responsibility for vehicle and equipment maintenance and the equipment users are charged an hourly repair rate for all service and repairs. 1. Expected Life When new vehicles or equipment are purchased, it is given an expected life (years in service) based on a variety of factors. Below are the estimated life expectancies for some of the significant pieces of equipment: a. Engine Pumpers b. Tandem Dump Trucks c. Single Axle Dump Trucks d. Wheel Loaders e. Backhoe/Excavators f. Jet Truck g. One-Ton Trucks h. % and % Ton Pickups I. Skid Steers J. Street Sweeper k. Tractors I. Vactor Truck m. Mowers n. Sport Utility Vehicle o. Passenger CarsNans p. Squad Cars q. Trailers r. Sidewalk Machines 20+ years (refurbish half way through life cycle) 12 years 12-14 years-some longer 15-18 years 1 0-12 yea rs 10 years 9-10 years 10 years-some longer 8-10 years 8 years Varies (15 years average) 10 years Varies (6-10 years) 10 years 10 years 100,000 miles/4 years 15 years 10-12 years Resolution 10-12 - Continued February 16, 2010 2. Replacement Factors When a particular piece of vehicle or equipment achieves its expected life and reaches its anticipated replacement year, it is analyzed to determine if it should be replaced based on the following factors: a. Critical nature of the equipment or vehicle and the availability of a backup or alternative equipment or vehicle. For example, the Sewer Jet is a critical piece of equipment for which there is no backup except to contract for those services. It is important to have this equipment operational with minimal downtime. b. Use of the equipment or vehicle (hours and/or miles). The duration and intensity of use are also important factors. For example, squad cars typically achieve their expected life of 100,000 miles and are retired in approximately 4 years while other vehicles (cars and light trucks) may never achieve 100,000 miles and can last for many years. c. Appropriateness of the equipment or vehicle for the assigned tasks. Public Works and the user examines whether the equipment or vehicle is still capable of doing its intended work, whether it is the right equipment, and determine if the work changed causing the equipment or vehicle to be obsolete. d. Repair history, costs, and downtime. Mechanics provide critical input and assessments of the overall condition of the equipment. Near the end of the expected life of the equipment or vehicle, repair costs can exceed the value of the equipment or vehicle and replacement is appropriate. e. Suitability of the equipment or vehicle for other tasks. Other departments provide input regarding the ability to reassign equipment and vehicles to other less frequent or intense duties. For example, Public Works have re-assigned used marked squad cars and light pickup trucks to other departments. 3. Life Cycle Costing This accounting method is used as much as possible in managing the City's fleet management. Life cycle costing includes the purchase cost of the equipment or vehicle, lifetime maintenance and operation costs, and the residual value at the time of disposal. This is the true cost of equipment or vehicle ownership. The goal is to replace the equipment during its economic life. This is the period when the maintenance costs are the lowest. 4. Fire Department Vehicle Replacement Practice Fire apparatus is historically refurbished half way through its life cycle (approximately 1 0-12 years) and replaced after 20 to 24 years of service, or a couple of years longer depending on condition. This general rule applies to "major" apparatus, engine, and ladder trucks. The replacement of a particular piece of apparatus is based upon several factors including the general mechanical and structural condition, required vehicle and safety upgrades, technological changes, current and anticipated use, anticipation of future mission changes, and the current mechanical history (including mileage). Resolution 10-12 - Continued February 16, 2010 The apparatus replacement schedule is revised to reflect a philosophy of validating the replacement of a vehicle, as opposed to replacement based solely upon the age of the vehicle. To this end, vehicles have been moved back in the replacement schedule and not replaced at the time mark historically associated with replacement schedules. Refurbishing pumpers and ladders to extend the "life" of fire apparatus is a common practice. Refurbishin9 pumper and ladder fire vehicles extends vehicle life. alley M 0 Planning 763-593-8095/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting February 16, 2010 Agenda Item 3. G. Support for Funding Request by Five Cities Senior Transportation Project from 2010 Consolidated Pool - Urban Hennepin County Community Development Block Grant Program Prepared By Mark Grimes, Director of Planning and Development Summary In 1985, the City of Golden Valley was one of the founding members of the Five Cities Senior Transportation Project. This service provides transportation to seniors for trips for shopping, dining, senior clubs, doctor appointments and other senior activities. The service is funded by donations from the riders and from the five cities of Golden Valley, Crystal, Robbinsdale, New Hope and Brooklyn Center. From 1985 to 2003, the City of Golden Valley used a portion of its Community Development Block Grant (CDBG) funds that were allocated to Golden Valley through the Urban Hennepin County CDBG Program to pay its share of the project. In 2004, the City was informed that it no longer had a specific allocation dedicated to Golden Valley due to the changes to its population documented in the 2000 Census. Therefore, CDBG funds for the Five Cities Senior Transportation Project now come out of the consolidated pool portion of funds that are part of the Urban Hennepin County CDBG Program. (The consolidated pool funds are those funds available for eligible projects from cities in Hennepin County that do not have a specific allocation.) Since 2005 the Five Cities project was successfully supported by the consolidated pool with support from Golden Valley and other cities. Since the City of Golden Valley has been a staunch supporter of this Project since its inception and because it supports transportation needs of seniors in the City, staff is recommending that the City Council again support the direct funding request by Five Cities Senior Transportation from the consolidated pool. Any funds received from the consolidated pool would reduce the amount of funds that the City will have to provide to keep the service operating. The 2010 Golden Valley obligation for this service is $13,700 as determined by the Five Cities Senior Transportation Executive Committee. Attachments Memo from Rita DeBruyn, Senior Program Coordinator, City of Robbinsdale dated January 14,2010 (2 pages) Resolution Supporting Funding Request by Five Cities Senior Transportation Project from 2010 Consolidated Pool - Urban Hennepin County Community Development Block Grant Program (1 page) Recommended Action Motion to adopt Resolution Supporting Funding Request by Five Cities Senior Transportation Project from 2010 Consolidated Pool - Urban Hennepin County Community Development Block Grant Program. ~ City of Robbinsdale 4100 Lakeview Avenue North Robbinsdale. Minnesota 55422-2280 Phone: (763) 537-4534 . Fax: (763) 537-7344 www.robbinsdalemn.com MEMORANDUM TO: Lisa Whitman, City of Golden Valley FROM: Rita DeBruyn, Senior Program Coordinator, City of Robbinsdale DATE: January 14, 2010 SUBJECT: . CDBG Request for Five Cities Senior Transportation Five Cities Senior Transportation provides older adult transportation under a 1985 Joint Powers Agreement between the cities of Brooklyn Center, Golden Valley, New Hope, Crystal and Robbinsdale. The Five Cities Senior Transportation Executive Committee comprised of City Managers of each of the five cities has approved the sum of $13,700.00 per city for the 2010 transportation budget. This amountis the Five Cities Transportation request for the 2010-2011 CDBG funding year. Enclosed is a copy of the 2009 cumulative statistics. You will note the City of Golden Valley ridership is 103 persons served and 1488 rides. Destinations included: . Shopping trips to Ridgedale, Target, Wal-Mart, Brookdale, Super Target, IKEA . Grocery shopping trips to Cub Foods and Byerly's . Pharmacy, banking and post office opportunities at some destinations . City sponsored activities such as Brunch Bunch, Seniors in Mind, Nature of Things, Donut Make You Wonder, Afternoon Vivace Concerts, Local Motion, Meandering with.Mary . In addition to home pick ups, Five Cities vehicles transport older residents from the following locat,ions: Dover Hill, Calvary Apartments and Co-op, Covenant Village, LaurelEstates, The Crossings, Laurel Condos, Golden Valley Arms, Valley View, Village Terrace and Golden Valley City Hall. If you need additional information, please contact me at 763-531-1274. On behalf of older Golden Valley residents served by the Five Cities Senior Transportation Project in 2009, thank you. cc: Jeanne Fackler Thomas Burt Mark Grimes Attachment FIVE CITIES TRANSPORTATION SUMMARY 2009 RIDER SUMMARY CITY Rides Persons New Persons Hours Robbinsdale 1,998 75 15 235 Crystal 1,026 68 30 364 Crystal & New Hope New Hope 1,284 105 33 Golden Valley 1,482 99 25 219 Brooklyn Center 894 46 12 265 Homes Robbinsdale 474 15 2 Crystal 250 15 3 New Hope 340 6 2 Golden Valley 6 4 1 Brooklyn Center 1,184 20 2 Total: 8,938 453 125 1,083 ANNUAL COMPARISON 2009 2008 2007 2006 2005 2004 2003 PERSONS SERVED 453 532 563 564 609 635 598 ONE-WAY RIDES 8,938 9,924 10,888 11 ,080 10,712 11 ,464 10,908 HOURS 1,083 1,121 1,243 1,237 1,217 1219 1,176 1/8/2010/jb Resolution 10-13 February 16, 2010 Member introduced the following resolution and moved its adoption: RESOLUTION SUPPORTING FUNDING REQUEST BY FIVE CITIES SENIOR TRANSPORTATION PROJECT FROM 2010 CONSOLIDATED POOL - URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM WHEREAS, the City Council of the City of Golden Valley was one of the founding members of the Five Cities Senior Transportation Project in 1985; and WHEREAS, the City of Golden Valley has provided continual financial support for the Project from the City's General Fund and with Community Development Block Grant (CDBG) funds allocated to the City of Golden Valley because of the demonstrated need that has proved by the number of rides provided to seniors each year since 1985; and WHEREAS, the need for such senior transportation will continue to grow in upcoming years; and WHEREAS, the City of Golden Valley no longer has its own CDBG allocation. NOW, THEREFORE, BE IT RESOLVED, by the City Council for the City of Golden Valley that it supports the funding request by the Five Cities Senior Transportation Project from the 2010 Consolidated Pool that is part of the Urban Hennepin County Community Development Block Grant Program. 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 M 0 City Administration/Council 763-593-8014 I 763-593-8109 (fax) Executive Summary for Action Golden Valley City Council Meeting February 16, 2010 Agenda Item 3. H. Authorization to Submit Community Development Block Grant (CDBG) Application for Neighbors Helping Neighbors Loans and Grants Prepared By Jeanne Andre, Assistant City Manager Summary The City has been working with PRISM, Calvary Lutheran Church, Valley Presbyterian Church and H.O.M.E. on a new program, Neighbors Helping Neighbors. Through this program residents who have basic/emergency home improvement needs are helped by volunteers organized through the churches or H.O.M.E. to address necessary repairs to their homes. PRISM and the churches also attempt to find financial resources needed for volunteers to make the repairs. Golden Valley staff is working with Hennepin County staff to prepare an application to secure Community Development Block Grant (CDBG) funds to assist homeowners at or under 80 percent of the median income to pay for the materials needed for repairs through the Neighbors Helping Neighbors Program. A small amount of the money would also be available to PRISM for administering each loan/grant. The attached resolution authorizes the submission of such an application and the authority to enter into necessary agreements if the proposal is funded. Attachment Resolution Approving Proposed Application for 2010 Urban Hennepin County Community Development Block Grant (CDBG) Program Funds and Authorizing Execution of Subrecipient Agreement with Urban Hennepin County and Any Third Party Agreements (1 page) Recommended Action Motion to adopt Resolution Approving Proposed Application for 2010 Urban Hennepin County Community Development Block Grant (CDBG) Program Funds and Authorizing Execution of Subrecipient Agreement with Urban Hennepin County and Any Third Party Agreements Resolution 10-14 February 16, 2010 Member introduced the following resolution and moved its adoption: RESOLUTION APPROVING PROPOSED APPLICATION FOR 2010 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM FUNDS AND AUTHORIZING EXECUTION OF SUBRECIPIENT AGREEMENT WITH URBAN HENNEPIN COUNTY AND ANY THIRD PARTY AGREEMENTS WHEREAS, the City of Golden Valley, through execution of a Joint Cooperation Agreement with Hennepin County, is cooperating in the Urban Hennepin County Community Development Block Grant Program; and WHEREAS, the City of Golden Valley has developed a proposal for the use of 2010 Urban Hennepin County Community Development Block Grant funds; BE IT RESOLVED, that the City Council of Golden Valley approves the following project(s) for funding from the 2010 Urban Hennepin County Community Development Block Grant Program and authorizes submittal of the proposal to Urban Hennepin County/Consolidated Pool. Activitv Neighbors Helping Neighbors Emergency Loans and Grants Bud~et $30,000 BE IT FURTHER RESOLVED that the City Council hereby authorizes and directs the Mayor and its City Manager to execute the Subrecipient Agreement and any required Third Party Agreement on behalf of the City to implement the 2010 Community Development Block Grant Program. BE IT FURTHER RESOLVED, that should the final amount of FY2010 CDBG available to the City be different from the preliminary amount provided to the City, the City Council hereby authorizes the City Manager to adjust project budget(s) to reflect an increase or decrease in funding. 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 M 0 nd Finance 763-593-8013 I 763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting February 16, 2010 Agenda Item 3. I. Annual Elections for 2010 Insurance Policy Prepared By Sue Virnig, Finance Director Summary All coverage will be issued with a tort liability for $1.5 million per occurrence limit for claims incurred after July 1,2009. Cities can waive the statutory liability limits, in which case, the damages compensated could be up to the amount of the coverage carried. Staff recommends that the City does not waive the statutory limits on tort liability established by Minnesota Statutes 466.04 for the 2010 insurance policy. The League of Minnesota Cities Insurance Trust (LMCIT) requires each City to approve the election through a resolution. Attachments Resolution Making Annual Elections for the 2010 Insurance Policy (1 page) Recommended Action Motion to adopt Resolution Making Annual Elections for the 2010 Insurance Policy. Resolution 10-15 February 16, 2010 Member introduced the following resolution and moved its adoption: RESOLUTION MAKING ANNUAL ELECTIONS FOR THE 2010 INSURANCE POLICY WHEREAS, the City of Golden Valley must declare whether or not to waive the statutory limits on tort liability established by Minnesota Statutes 466.04, NOW, THEREFORE, BE IT RESOLVED by the City Council for the City of Golden Valley that it does not waive the statutory limits on tort liability established by Minnesota Statutes 466.04 for the 2010 insurance policy. 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 e Planning 763-593-8095/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting February 16, 2010 Agenda Item 3. J. Approval of Six Month Extension for Filing of Plat and Submitting Final PUD Plan Application - PUD #107 - The Towers at West End - Southwest Quadrant of 1-394 and Highway 100 - Duke Realty, Applicant Prepared By Mark Grimes, Director of Planning and Development Summary At the March 3, 2009 City Council meeting, the Council approved the Preliminary PUD Plan and Preliminary Plat for The Towers at West End PUD No. 107. At the September 1,2009 City Council meeting, the Council approved a 6-month extension for filing of Plat and submitting a Final PUD Plan application. The Preliminary PUD Plan and Preliminary Plat provide for the construction of a 4,000+ space parking deck attached to several office buildings that are located in St. Louis Park. Due to market conditions, Duke is requesting 180 day extensions for the filing of applications for the Final PUD plan and the Final Plat. When Duke received preliminary PUD plan approval, they hinted that they would be asking for extensions if the office market did not improve. In May 2009, the City revised the zoning code to allow for 180 day extensions for the filing of Final PUD plan applications. At the time of granting the extension, the City Council may add other conditions to the Preliminary PUD plan approval. At this time, the staff is recommending that additional conditions be added to the Preliminary PUD approval as follows: 1) Duke shall submit an additional cash deposit of $5,000 to cover legal and engineering costs incurred by the City for consideration of the Preliminary Plan; and 2) Duke will be financially responsible for road construction under TH 100 and intersection improvements on the east side of TH 100 and traffic calming along the frontage road east of TH 100, to occur at the time building permits are applied for by Duke. Attachments Location Map (1 page) Letter from Duke Realty dated February 9, 2010 (1 page) Recommended Action Motion to approve an extension for submittal of the Final PUD Plan application and the Final Plat for The Towers at West End, PUD No. 107 until August 27,2010, subject to the following conditions: 1. Duke shall submit an additional cash deposit of $5,000 to cover legal and engineering costs incurred by the City for consideration of the Preliminary Plan. 2. Duke will be financially responsible for road construction under TH 100 and intersection improvements on the east side of TH 100 and traffic calming along the frontage road east of TH1 00, to occur at the time building permits are applied for by Duke. ~ 'C. ~ .A o ~ \ \ .~ NE tOO?Pond ~ L r:\ NW1.eop Pond ~ @ 5B HWY1J)O S TO 108 1394 City of St. Louis Park C 1307 L-~ 1315 Subject Properties 1':1;/ .<;:,"<:~:>'::~ ';\;~,n kc:lM$ " C<wt"':g':t ,:c! ;;.~OCiS c~s ~~'Xi,S iJ :s~~~ , Duke REALTY CO R PO RATION 02/09/10 Mr. Mark Grimes Director of Planning and Development City of Golden Valley 7800 Golden Valley Road Golden Valley, MN 55427 RE: The Towers at West End - Preliminary pun Golden Valley - St Louis Park, MN Dear Mark: This letter is to request a 180 day extension (August 28t\ 2010) for our Towers at West End Development including the Preliminary PUD approvals. Market conditions have continued to be very challenging in the past year and our local office is unable to start speculative office development at this time. We have continued interest in build-to-suit prospects and will keep you updated as to when a project might begin. If you have any additional questions please contact me at 952/543-2989. Sincerely, ~,p.E. David Bade, P .E. Development Services Manager Duke Realty 1600 Utica Ave S - #250 St Louis Park, MN 55416 alley u Public Works 763-593-8030 I 763-593-3988 (fax) Executive Summary For Action Golden Valley City Council Meeting February 16, 2010 Agenda Item 3. K. Authorization to sign a contract with SEH for professional engineering services for watermain rehabilitation Prepared By Jeannine Clancy, Director of Public Works Jeff Oliver, PE, City Engineer Mitchell Hoeft, EIT, Engineer Summary The City's existing trunk watermains on Boone Avenue and Legend Drive are structurally deficient. Corrosion problems have caused multiple watermain breaks in these areas over the past few years. In some cases, these breaks have also caused property damage. To resolve these issues, the City is looking into a cured-in-place pipe (CIPP) rehabilitation of the existing watermains. The proposed improvements will take place along Boone Avenue between Plymouth Avenue and a point north of Golden Valley Road, and on Legend Drive between Legend Lane and Bassett Creek Drive. Staff received a proposal for professional engineering services for the rehabilitation work from Short Elliott Hendrickson, Inc. (SEH). A copy of the agreement is attached to this summary for Council review. These professional services include bid document preparation, bidding assistance, and construction phase services. SEH will be paid on an hourly basis for their work with a not to exceed cost of $157,600. This fee will cover both improvements. Funding for this project is included in the 2010-2014 Capital Improvement Program, Water and Sanitary Sewer Fund (W&SS-021, page 100). Attachments Professional Services Agreement from SEH to Jeff Oliver dated January 29, 2010 (15 pages) Recommended Action Motion to authorize entering into an agreement for professional engineering services with SEH for the rehabilitation of the City's trunk watermains on Boone Avenue and Legend Drive, in an amount not to exceed $157,600. ~ SEH January 29,2010 RE: Golden Valley, Minnesota Boone Avenue and Legend Drive / Legend Lane Trunk Water Main Pipe Rehabilitation SEHNo. A-GOLDVll0735 10.00 Mr. Jeff Oliver City Engineer City of Golden Valley 7800 Golden Valley Road Golden Valley, MN 55427-4588 Dear Jeff: Thank you very much for asking SEH to assist the City of Golden Valley (City) with its Boone Avenue and Legend Drive / Legend Lane Trunk Water Main Pipe (pipe) Rehabilitation Projects (project). This letter serves as the Supplemental Letter Agreement to provide the City with bid document preparation, bidding assistance, and construction phase services for this project in accordance with the Agreement for Professional Services between the City and SEH. Background We understand the following items to be true in this project area. 1. Recent increases in the amounts of maintenance required by the pipes serving the businesses and homes shown in Figures 1 and 2 enclosed with the Supplemental Letter Agreement has caused City staff to consider rehabilitation of the pipes. 2. The water service pipes and curb stop boxes serving these businesses and homes are in satisfactory condition. 3. Existing subgrade soils along Boone Avenue will not easily support pipe reconstruction by open- cut method. Several hundred feet of the pipe along Boone Avenue is installed on a piling foundation driven to an unknown depth. 4. No records exist detailing how the pipe is attached to the top of the piling along Boone Avenue. Fortunately, recent advances in the cured-in-place-pipe liner method (CIPP) of pipe rehabilitation gives the City an option to rehabilitate these pipes with very minimal excavation and without damaging the existing water service pipes. Several companies now fabricate these liners and know how to install them. Our experience with this method tells us that the City can secure competitive pricing to successfully apply this method to rehabilitate its pipes in the project area. Therefore, SEH proposes to prepare bidding documents using CIPP to rehabilitate Boone A venue and Legend Drive / Legend Lane pipes as a single contract package. Short Emott Hemlrickson inc., 1090 I Red Circle Drive, Suite 300. Minnetonka, MN 55343-9302 SEH is an equal opportunity employer I www.sehul1c.com I 952.912.2600 I 800.734.6757 I 952.912.260 I fax Mr. Jeff Oliver January 29,2010 Page 2 Project Team Sue Mason is the client service manager for all projects undertaken by SEH in the City. Paul Pasko will be the project manager responsible for successfully executing the work plan for this project. Chad Millner will assist Paul Pasko as our project engineer. Paul and Chad both have extensive experience with CIPP and projects of this type. Compensation For the City's convenience, we prepared a work plan for the Boone Avenue project separately from the Legend Drive / Legend Lane project. Our work plan for each project is enclosed with this Supplemental Letter Agreement as a Task Hour Budget (THB). The table below summarizes the estimated engineering fee for each project. Project Estimated Eneineerinl! Fee Boone Avenue $100,641 Legend Drive / Legend Lane $56,959 Total Fee $157,600 A conceptual level construction cost for this work is $800,000. Our fees to prepare bid documents, assist the City with bidding, and provide part-time construction phase services will likely cost the City 19.7% of this project's likely construction cost. . We respectfully request compensation for the work described by our THBs on an hourly basis. Compensation will be based on the hourly cost of personnel plus reimbursable expenses, including reproductions, mileage, car allowance, and equipment. Additional services required beyond the tasks and estimated hours as described in the THB' s can be negotiated or provided as extra work on an hourly basis. Schedule Our anticipated project production schedule is given in the table below. Work Item Work Work Item DescripQon Work Item Key Item No. Milestone Date 1 City Council Considers our Proposal at its Regularly February 16,2010 Scheduled Meetin~ 2 Begin Work on the Bidding Documents February 17,2010 3 Neighborhood / Informational Meetmg . March 16,2010 4 City Review of Bidding Documents April 12, 2010 5 Post Final Bidding Documents Online May 5, 2010 6 Open Bids June 10, 20 IO 7 Begin Construction July 5, 2010 This Supplemental Letter Agreement, Figure's No.1 and No.2, the THBs, and the Agreement represent the entire understanding between the City and SEH in respect to the project and may only be modified in writing if signed by both parties. If this document satisfactorily sets forth your understanding of our agreement, please sign in the space below and return one copy to our office. Mr. Jeff Oliver January 29, 2010 Page 3 We look forward to working with you, your staff, and the community to apply this exciting technology in the City. Respectively submitted, SHORT ELLIOTT HENDRICKSON INC. ~pL~~- Paul J. Pasko ill, PE, Principal Project Manager Enclosures c: Sue Mason, SEH (with Enclosures) p:~Idv\II073S\18en\\IO\cipp watermain I 29 IO.doe Approved this day of ,2010 City of Golden Valley, Minnesota By o 100 200 400 - - Feel 1"=200' ~ SEH Task Hour Budget City of Golden Valley Boone Avenue Trunk Water Main Pipe Rehabilitation January 29,2010 ESTIMATED HOURS ESTIMATED CLIENT PROJEcr SENIOR GEOTECH .PROJECT STAFF COST PROJECT TASKS SERVICE MANAGER GEOTECH ENGINEER ENGINEER ENGINEER GIS ADMIN TECH MANAGER ENGINEER ........... >./.:...i .,',iC ......).i......'C "c.>' '. .. ......, '7' .ce. ..... [.;,,;;'e'i;'; !:"<i.'''/<~ ...,./c;'t ..T:,"'i'; ii.......". '. ......... ..... ..... ;x.. .;c...;.;.i....,....iii.... 1.0 Data Collection 1.1 Review of Geotechnical Information 1.1.1 Subsurface Investigation (3)(4)(35)(30) 2 2 2 1 1.1.2 Preoare technical memorandum (36) 2 8 12 1.2 City Suoolied Infonnation (5)(43) 1.2.1 City Water Main Break Infonnation 1 1 2 1.2.2 Past e:eotechnical investie:ations 1 1 Tabulation of water service pipe diameters per address 1.2.3 in the moiect area 1 One (1) llx17 paper copy of the City's current water 1.2.4 main atlas sheets (40) 1 1.2.5 List ofworkine; water main e;ate valves (37) 1 1 1.3 Gather Prooertv Infonnation (45) 4 4 6 2 1.3 Private Utility Comoanv Atlases (6) 6 8 2 1.4 Field Reconnaissance 1.4.1 Street & utilitv reconnaissance with nictures (2) 4 3 6 2 '. .... ..... ..... .. $U*..t..~~tCfJ~' .... >. ....' 'i ............ ... .. '.""">' ........ c....,".'.. C$,.;M6 2.0 Bid Document Preparation (8) 2.1 Plans (7)(20)(42) 2.1.1 Cured-In-Place Method Lavout (9) 4 4 4 2.1.2 Locationmao (41) 2 2.1.3 SUlZIZested S1:lle;ine; I Phasing Plan (22) 6 6 6 2.1.4 Water Service Plan (19) 4 4 4 2.1.5 Construction Limits (24) 4 4 4 2.1.6 T Watennain Lavout (18) 4 6 6 2.1.7 Traffic Control (21) 4 4 4 2.1.8 Street I Boulevard Restoration 4 4 4 '/ .. ii; .. ...... $Jl~..tt.bQl'C9$t'. .. .... . .......-. .. ........... ...... .............. . ........ c $U;t:t$ '; Page 1 of 5 PROJECT TASKS 2.2 I 2.2.1 2.2.2 2.2.3 t t .:",:.,,":";'- 2.3 2.4 2.3.1 2.3.1.1 2.3.1.2 ~ 2.3.2.1 2.3.2.2 "I 2.4.1 2.4.1.1 2.4.1.2 2.4.1.3 ~ 2.4.2.1 2.4.2.2 2.4.2.3 2.4.3 2.4.3 ESTIMATED HOURS 3 4 6 2 6 CLIENT SERVICE MANAGER SENIOR GEOTECH ENGINEER GEOTECH ENGINEER 3.1.1 3.1.2 3.1.3 3.1.4 PllOJECl' MANAGER 10 40 4 I 2 2 2 2 1- 1 1 6 1 1 1 1 }=H4 1 4 1 4 2 I 6 3 4 Page 2 of 5 PROJECI' ENGINEER ADMIN TECH STAJIIl' ENGINEER GIS 12 40 -L 10 20 -L ;' -.'~ - -, .. 15 3 -- 2 2 8 8 4 8 8 2 2 6 2 2 2 2 2 2 1 1 1 1 1 1 1 2 2 2 4 4 4 2 2 2 1 1 1 8 3 4 8 ESTIMATED COST $1;9,01:6 . $5~U:l .. ESTIMATED HOURS ESTIMATED CLIENT PROJECT SENIOR GEOTECH PROJECT STAFF' COST PROJECT TASKS SERVICE MANAGER GEOTECH ENGINEER ENGINEER ENGINEER GIS ADMIN TECH MANAGER ENGINEER 3.2 Prepare Electronic Bid Documents (33) 3.2.1 Plans 2 4 4 6 3.2.2 ProJect Manual 2 4 4 6 ';i.?";" ..' x,.'; ".. ....:;.;/.. ...... ..... .. ...... ,.......... ... ......... ';; l,x....."..............;..?,.. .. l;!.)<;;;; .....; ...................;;;.j;). .'i"!ii";'V;'!2 ...... ....,;;;;.C,;..... ..?.....X, ....... ...... ........ .'; <; .' <.. /i ...,. ...;. 4.0 Construction Phase Services 4.1 Prepare Construction Contracts 4 4 4 2 4.2 Pre-Constroction Meetine; (13) 4 4 4 2 4.3 Construction Insoection (14) 160 8 4.4 Construction Administration (16) 16 60 16 4.5 As-built Infonnation (20) 32 CLIENT PROJECT SENIOR GEOTECH PROJECT STAFJI' ESTIMATED SERVICE GEOTECH GIS ADMIN TECH ....."'At:"R MANAGER ENGINEER ENGINEER ENGINEER COST PROJECT COST SUMMARY Bid Document PreDaration Services (1) Subtotal Hours 6 141 10 14 155 136 10 50 522 Subtotal Labor Cost 560,386.14 Subtotal Exueuses $300.00 Subtotal 560,686.14 Bidding Assistance Services Subtotal Hours 11 22 15 27 75 Subtotal Labor Cost 57,818.57 Subtotal Exnenses 5150.00 Subtotal $7,968.57 Construction Phase Services (17) Subtotal Hours 24 68 200 28 320 Subtotal Labor Cost $30,401.95 Subtotal EXDenses $1,584.34 Subtotal $31,986.29 TOTAL COST ASSOCIATED WITH THIS PROPOSAL: $100,641.00 P:\FJlG\GoIdv\110735\1 GenMO\(Boone Ave CIPP THB final.x1s]Hours-Costs NOTES 1 Project will be designed using City GIS utility base mapping, aerial photography, and field reconnaissance data. No topographic surveying is needed. 2 Task includes noting locations of boulevard features possibly impacted by utility reconstruction. Task also includes noting the existence of gate valves, hydrants, curb stops, manholes. and catch basins. Photos will be saved in digital fonnat. Snow removal is not included in the scope of this work item. We will do the best we can working with the snow cover on the grmmd. Page 3 of 5 ESTIMATED HOURS ESTIMATED COST CLIENT I SERVICE PROJECT TASKS MANAGER I ..-.~-_.. I ENGINEER . . _ _ . 3 Drilling and testing of core samples is not nonnal or customary with cured in place pipe lining method of reconstruction. Instead a general identification of the existing subgrade soils is provided to the bidders. 4 Investigation includes reviewing past nearby geotechnical infonnation provided by the City, soil maps, and asking the City what type of subgrade soils they encountered during past watennain repairs. S City supplied information includes sanitary and storm sewer, water main, and street as-built plans, airflown contours, right of way, and property lines. DWG base mapping suitable for use as bid document plan sheets. 6 Task includes performing a Gopher State One Call and adding the private utility line work to the base mapping. 7 Task includes determining pipe crossing conflicts, depicting conflicts, and noting previous water main repairs on the plan sheets in areas of excavations. 8 Task include two submittals to the City of plans, project manual, and opinion of probable cost. A preliminary review at 50% complete bid documents and final review 2 weeks prior to posting of final bid documents online. This task assumes the City will coordinate reviews between the engineering and public works departments. 9 Task includes determining suggested locations for equipment staging, insertion pits, fitting removals, gate valves, and wet tap valves for staging. 10 Not used II Task is necessary only if conflicts with private utilities are discovered during the design phase. 12 Task assumes a watershed review of plans. 13 Assumes SEH prepares invitations, agenda, and minutes and facilitates the meeting. 14 Assumes 20 hours per week for 8 weeks of construction for the project engineer classification. IS Task assumes SEH will not attend any City Council meetings related to this project. 16 Task assumes 6 hours per week for 10 weeks. Task assumes SEH will create the application for payments, weekly property owner notifications, facilitate weekly on-site construction meetings, and prepare meeting minutes. The City will copy and mail property owner notifications. 17 Task assumes no construction staking or survey quality as-builts will be needed. 18 Task involves identifying suggested connection points, valve operation, location of the service pipe, and possible conflicts with traffic necessary to provide continuous water service to the property owners in the project area. 19 While water service pipe reconstruction is not needed using cured in place pipe lining, this task assumes that a few water services will not be able to be reestablished robotically. Therefore this task will design the contingency reconstruction of particular segments of existing water service pipe, corporation stops, and possibly curb stop boxes with direction from City staff. 20 Plans will be created and submitted in AutoCad format 21 Task identifies traffic requirements on Boone Avenue and access requirements for the properties affected by the watermain reconstruction. 22 Task includes identifying the need for and location of wet tap watermain valves. 23 Quantities and probable cost will be compiled in a columnar format allowing the City to see the cost of the Legend Drive I Legend Lane project together, yet separately, from the Boone Avenue project. 24 Task includes investigating the means and methods that result in a small reconstruction footprint 2S Task assumes the City will provide SEH with a DOC file of their standard special provisions as a point of beginning for our work. 26 Task will likely include preparing bidder qualification language. 27 SEH will prepare the opinion in a XLS fonnat. 28 Assume the City's specification is the 2005 edition ofMnDOT's Standard Specifications for Construction. 29 The proposal form will feature bid items from the Legend Drive I Legend Lane project as Schedule A and bid items for the Boone Avenue project as schedule B. The proposal form will explain that the City 30 Because the special provisions will direct the Contractor to provide dewatering to match what they encounter in the field, an investigation of water table elevations in not included in this work plan. 31 City will prepare and mail the invitation to this meeting. SEH and City staff will attend this meeting. The meeting will be held at City Hall. The meeting will be informal and built around up to 2 copies of a color scaled graphic of the proposed improvements hung on the wall for review by the property owners. Property owner comments will be collected at this meeting as notes written on the graphic for possible inclusion in the final bidding documents. 32 Meeting will capture comments and "buy-in" from the fire department regarding the staging plan and use oftemporary water. ADMIN TECH Page 4 of 5 ESTIMATED CLIENT I PROJECT I SENIOR I GEOTECH I PROJECl' I STAFF I I I COST PROJECT TASKS I SERVICE MANAGER GEOTECH ENGINEER ENGINEER ENGINEER GIS ADMINTECH MANAGER ENGINEER 33 Because the project may be bid by out state contractors we recommend that the City sell the bidding documents and issue any addenda via the internet. SEH can provide this service to the City using its own web site. 34 Tabulation will be in a XLS format. 35 No drilling or sampling will be undertaken as part of this project. 36 The memo will comment on the existing subgrade soil conditions in relation to cured~in-place watermain operations. The memo will be included in the appendix to the project manual. 37 We will use this list during preparation of the suggested staging plan. 38 Include the technical memorandum, including any soils borings from past City geotechnical information. in the Appendix. 39 Include the Ilxl7 bid document plan sheets, Ilxl7 copies of the City's current water main atlas sheets, and pertinent digital photos of boulevard or driveway conditions in the Appendix. 40 Atlas sheet needs to show the profile of the water main pipe 41 Using a Ilxl7 copy of the City's Streets, Parks, and Trails map, show the location of both Legend Drive I Legend Lane project and the Boone Avenue project. Bidders will likely use this map when considering their bid unit price for mobilization. 42 Based on discussions with City staff, no water system modeling will be done as part of this project. It is assumed that the slight decrease in the inside diameter of the water main trunk pipes to be lined will not adversely affect the amount of flow or pressure provided by these trunk pipes. 43 Task includes verifying or correcting public utility information contained in tlte DWG base mapping file supplied by tlte City such as pipe location. size, and flow direction. 44 We understand MDH has already reviewed and issued a permit for a similar project in Minnesota. Based on this, we assume a normal and customary amount of effort is needed by SEH to secure this permit on behalf of tlte City. 45 Task includes creating a matrix of business name, maintenance contacts, type of business, water requirements, allowable times for water shut-offs to connect and disconnect from temporary water service, and possible locations of temporary water service connection points. 46 MnDOT review may be necessary depending on tlte scope of work needed at TH 55. 47 MnDOT ROW permit may be necessary depending on tlte scope of work needed at TH 55. ESTIMATED HOURS Page 5 of 5 ~ SEH Task Hour Budget City of Golden Valley Legend Drive I Legend Lane Trunk Water Main Pipe Rehabilitation January 29,2010 ESTIMATED HOURS ESTIMATED CLIENT PROJEer SENIOR GEOTECH PROJEcr STAFF COST PROJECT TASKS SERVICE MANAGER GEOTECH ENGINEER ENGINEER ENGINEER GIS ADMlN TECH MANAGER ENGINEER i>......................> .............., ............... .. . ...... I , .... /. ..... ...... " ............. /.. 'Y> Bid])~..me..tPre.....tio...Sel'riees(il ..' I ". ...... .... 1.0 Data Colledio.. 1.1 Review of Geotechnical Information 1.1.1 Subsurface Investigation (3)(4)(35)(30) 1 1 1 1 1 1.1.2 Preoare technical memorandum (36) 5 7 1.2 City SUDPlied Information (5)(43) 1.2.1 City Water Main Break Information 1 1.2.2 Past e:eotecbnical investie:ations 1 1 Tabulation of water service pipe diameters per address 1.2.3 in the oroiect area 1 One (1) llx17 paper copy of the City's current water 1.2.4 main atlas sheets (40) 1 1.2.5 List of working water main gate valves (37) 1 1 1.3 Private Utility Company Atlases (6) 4 (; 2 1.4 Field Reconnaissance 1.4.1 Street & utility reconnaissance with oictures (2) 1 1 4 2 i~ ...... i .;t ." ~,~,.:tl.~..ch$t '. .' '. "..." I.' .': ........;;, ...."'.',... 2.0 Bid Document Preparation (8) 2.1 Plans (7)(20)(42) 2.1.1 Cured-In.Place Method Lavout (9) 1 2 3 2.1.2 Location man (41) 2 2.1.3 Suggested S18e:ine: I Phasine: Plan (22) 1 2 3 2.1.4 Water Service Plan (19) 1 2 3 2.1.5 Construction Limits (24) 1 2 3 2.1.6 Temoorarv Watermain Layout (18) 1 2 3 2.1.7 Traffic Control (21) 1 2 3 2.1.8 Street I Boulevard Restoration 1 2 3 ~ ...... " '. ....., : s..lrill~rLabc..'C~'" .'. ................ . '..' ..... Page 1 of 5 ESTIMATED HOURS ESTIMATED CLIENT PROBCf SENIOR GEOTECH PROJECf STAFF COST PROJECT TASKS SERVICE MANAGER GEOTECH ENGINEER ENGINEER ENGINEER GIS ADMIN TECH MANAGER ENGINEER 2.2 Proiect Manual (28) 2.2.1 Prooosal Form (26)(29) 2 2 2 4 2.2.2 Special Provisions (25) 10 20 8 18 2.2.3 \upendix (38 39) 3 2 2 2 li~ .. "'i 1>', > ,....!, . 'It .~. '.' ...., """,.'., ';'i ....,i ""i ',ii'.;..,i .. 2.3 >uantities & 'Dinion of Probable Cost (23) 2.3.1 >uantitv Calculations 2.3.1.1 Water Main 1 2 5 2.3.1.2 Street / Boulevard Restoration 1 2 5 2.3.2 I Opinion of Probable Cost (27) 2.3.2.1 Water Main 1 2 5 2.3.2.2 Street / Boulevard Restoration 1 2 5 " I...., S..tiJcltl"~~Cost .... ".' '. ..' " ... .;lIilKl'H'" 2.4 Al!;ency Review, Permittinl!; and Meetinl!;S 2.4.1 Al!;ency Review 2.4.1.1 Private Utility Companies (11 ) 1 1 1 2.4.1.2 Watershed District (2) 1 1 1 2.4.2 Permittinl!: 2.4.2.1 MDH - Water Main Permit (44) 1 1 1 1 1 2.4.2.2 NPDES / MPCA SWPPP 1 1 1 1 1 2.4.2.3 Watershed Gradinl!; and Erosion Control Permit 1 1 1 1 1 2.4.3 Meetings (15) 2.4.3.1 With City Staff 2.4.3.1.1 Kick-off Meetinl!; 1 3 3 1 1 1 2.4.3.1.2 Review 50% Plan set Meetinl!; 1 3 3 1 2.4.3.1.3 Review 90% Plan set Meetinl!; 1 3 3 1 2.4.3.2 With Affected Property Owners 2.4.3.2.1 Informational Review Meetinl!: (31 ) 1 3 4 4 2 2 2.4.3.3 With Fire Department 2.4.3.3.1 Review SOOIo Plan Set (32) 3 3 1 2 ';,; i"""""'''' .ii~~ .'.' . ..... .'" ..>;' ...i........,. i'.;,;ii', ... 'ii;',c', ."...,.~ ..~,~ 5,;./.[, .." ,',...... ... >'i; .'. ..... , .... ....;. i ..; " ,.,.., ...., .......'..'.>> 'X> i .,'C., ;,i,,+;;'/ .,....,.,'.) .' .' ., I. ..'" .', ; 3.0 Biddine: Assistance 3.1 Ad for Bids 1 1 3.1.1 Respond to Bid Inauires 2 2 1 3.1.2 Addendums 1 2 1 3 3.1.3 Attend Bid Oneninl!: 1 1 1 3.1.4 IPrenare Tabulation of Bids (34) 1 1 4 3.2 Prepare Electronic Bid Documents (33) 3.2.1 Plans 1 3 4 4 3.2.2 Proiect Manual 1 3 4 4 Page 2 of 5 ESTIMATED HOURS ESTIMATED CLIENT PROJECT SENIOR GEOTECH PROJECT STAFF COST PROJECT TASKS SERVICE MANAGER GEOTECH ENGINEER ENGINEER ENGINEER GIS ADMIN TECH MANAGER ENGINEER . <./". j.iiii;;iT,,,i{ , ..\ iiii,xisi.i<i.' .... ...... .,".. ) <ii., iiii ........i'.....'..i,.'..:; ki ,....'.;;:: 1:;;"\ ,........... i..i i<; ..<i;;:<".2"')\: )i....... .... i..... ...,.... ii '..< 1';+<. ,+ 4.0 Construction Phase Services 4.1 Preoare Construction Contracts 1 1 1 1 4.2 Pre-Construction Meetine; (3) :% 2 2 1 4.3 Construction Insoection (4) 120 6 4.4 Construction Administration (6) 12 40 12 4.5 As-built Information (20) 24 CLIENT PROBCJ' SENIOR GEOTECH PROJECJ' STAFF ESTIMATED SERVICE GEOTECH GIS ADMIN TECH MANAGER. ENGINEER ENGINEER ENGINEER COST PROJECT COST.sUMMARY / Bid Document Preparation Services (1) Subtotal Hours 4 48 6 8 77 82 10 32 267 Subtotal Labor Cost 529,283.31 Subtotal Expenses $300.00 Subtotal 529,583.31 Biddin2 Assistance Services Subtotal Hours 7 13 10 17 47 Subtotal Labor Cost 54,887.96 Subtotal Expenses 5150.00 Subtotal 55,037.96 Construction Phase Services (17) Subtotal Hours 15 43 147 20 225 Subtotal Labor Cost 521,110.29 Subtotal Exoenses 51,227.44 Subtotal 522,337.73 TOTAL COST ASSOCIATED WITH THIS PROPOSAL: 556,959.00 P:\FJlGlGoIdv\11 0735\1Gen1\1O\[Legend Or_Legend Lane CIPP 'THB ftnal.x1sjHours.costs NOTES I Project win be designed using City GIS utility base mapping, aerial photography, and field reconnaissance data. No topographic surveying is needed. 2 Task includes noting locations of boulevard features possibly impacted by utility reconstruction. Task also includes noting the existence of gate valves, hydrants, curb stops, manholes, and catch basins. Photos will be saved in digital format. Snow removal is not included in the scope of this work item. We will do the best we can working with the snow cover on the ground. 3 Drilling and testing of core samples is not normal or customary with cured in place pipe lining method of reconstruction. Instead a general identification of the existing subgrade soils is provided to the bidders. 4 Investigation includes reviewing past nearby geotechnical information provided by the City, soil maps, and asking the City what type of subgrade soils they encountered during past watermain repairs. Page 3 of 5 ESTIMATED HOURS CLIENT I I SENIOR SERVICE PROJECI' GEOTECH PROJECT TASKS I MANAGER MANAGER ENGINEER. _ 5 City supplied information includes sanitary and storm sewer, water main, and street as-built plans, airflown contours, right of way, and property lines. DWG base mapping suitable for use as bid document plan sheets. 6 Task includes performing a Gopher State One Call and adding the private utility line work to the base mapping. 7 Task includes determining pipe crossing conflicts, depicting conflicts, and noting previous water main repairs on the plan sheets in areas of excavations. 8 Task include two submittals to the City of plans, project manual, and opinion of probable cost. A preliminary review at 50% complete bid documents and fmal review 2 weeks prior to posting of final bid documents online. This task assumes the City will coordinate reviews between the engineering and public works departments. 9 Task includes determining suggested locations for equipment staging, insertion pits, fitting removals, gate valves, and wet tap valves for staging. 10 Not used 11 Task is necessary only if conflicts with private utilities are discovered during the design phase. 12 Task assumes a watershed review of plans. 13 Assumes SEH prepares invitations, agenda, and minutes and facilitates the meeting. 14 Assumes 15 hours per week for 8 weeks of construction for the project engineer classification. 15 Task assumes SEH will not attend any City Council meetings related to this project. 16 Task assumes 4 hours per week for 10 weeks. Task assumes SEH will create the application for payments, weekly property owner notifications, facilitate weekly on-site construction meetings, and prepare meeting minutes. The City will copy and mail property owner notifications. 17 Task assumes no construction staking or survey quality as-builts will be needed. 18 Task involves identifying suggested connection points, valve operation, location of the service pipe, and possible conflicts with traffic necessary to provide continuous water service to the property owners in the project area. 19 While water service pipe reconstruction is not needed using cured in place pipe lining, this task assumes that a few water services will not be able to be reestablished robotically. Therefore this task will design the contingency reconstruction of particular segments of existing water service pipe, corporation stops, and possibly curb stop boxes with direction from City staff. 20 Plans will be created and submitted in AutoCad format. 21 Task identifies access requirements for properties affected by the watermain reconstruction along Legend Avenue and Legend Lane. 22 Task includes identifying the need for and location of wet tap watermain valves. 23 Quantities and probable cost will be compiled in a columnar format allowing the City to see the cost of the Legend Drive / Legend Lane project together, yet separately, from the Boone Avenue project. 24 Task includes investigating the means and methods that result in a small reconstruction footprint 25 Task assumes the City will provide SEH with a DOC file of their standard special provisions as a point of beginning for our work. 26 Task will likely include preparing bidder qualification language. 27 SEH will prepare the opinion in a XLS format. 28 Assume the City's specification is the 2005 edition of MnDOT's Standard Specifications for Construction. 29 The proposal form will feature bid items from the Legend Drive / Legend Lane project as Schedule A and bid items for the Boone Avenue project as schedule B. The proposal form will explain that the City 30 Because the special provisions will direct the Contractor to provide dewatering to match what they encounter in the field, an investigation of water table elevations in not included in this work plan. 31 City will prepare and mail the invitation to this meeting. SEH and City staff will attend this meeting. The meeting will be held at City Hall. The meeting will be informal and built around up to 2 copies of a color scaled graphic of the proposed improvements hung on the wall for review by the property owners. Property owner comments will be collected at this meeting as notes written on the graphic for possible inclusion in the final bidding documents. 32 Meeting will capture comments and "buy-in" from the fire department regarding the staging plan and use oftemporary water. 33 Because the project may be bid by out state contractors we recommend that the City sell the bidding documents and issue any addenda via the internet. SEH can provide this service to the City using its own web site. ESTIMATED COST ADMIN TECH Page 4 of 5 ESTIMATED HOURS ESTIMATED COST PROJECT TASKS CLIENT SERVICE MANAGER ADMJNTECH 34 Tabulation will be in a XLS format. 35 No drilling or sampling will be undertaken as part of this project. 36 The memo will comment on the existing subgrade soil conditions in relation to cured-in-place watermain operations. The memo will be included in the appendix to the project manual. 37 We will use this list during preparation of the suggested staging plan. 38 Include the technical memorandum, including any soils borings from past City geotechnical information, in the Appendix. 39 Include the Ilxl7 bid document plan sheets, llx17 copies of the City's current water main atlas sheets, and pertinent digital photos of boulevard or driveway conditions in the Appendix. 40 Atlas sheet needs to show the profile of the water main pipe 41 Using a llx17 copy of the City's Streets, Parks, and Trails map, show the location of both Legend Drive I Legend Lane project and the Boone Avenue project. Bidders will likely use this map when considering their bid unit price for mobilization. 42 Based on discussions with City staff, no water system modeling will be done as part of this project. It is assumed that the slight decrease in the inside diameter of the water main trunk pipes to be lined will not adversely affect the amount of flow or pressure provided by these trunk pipes. 43 Task includes verifying or correcting public utility information contained in the DWG base mapping file supplied by the City such as pipe location, size, and flow direction. 44 We understand MOH has already reviewed and issued a permit for a similar project in Minnesota. Based on this, we assume a normal and customary amount of effort is needed by SEH to secure this permit on behalf of the City. Page 5 of 5 alley e ra Fire Department 763-593-8079 I 763-593-8098 (fax) Executive Summary For Action Golden Valley City Council Meeting February 16, 2010 Agenda Item 3. L. Authorization to Sign Agreement with Randolph Center, LLC d/b/a Firetec Apparatus Sales to List and Market Fire Pumper and Miscellaneous Equipment Prepared By Mark Kuhnly, Chief of Fire & Inspections Summary On October 20, 2009, the City Council approved the Fire Department request to sell a 1986 Ford L9000 fire pumper and miscellaneous equipment. The pumper and miscellaneous equipment is currently advertised on the Golden Valley, League of Minnesota Cities and the Minnesota State Fire Chiefs Association web sites. At this time, minimal inquiries have been received. Staff is requesting Council consideration to authorize Firetec Apparatus Sales to list and market the sale of the truck and miscellaneous equipment. Firetec lists and markets fire apparatus nationally, charging a commission of 10% of the sale price or a minimum of $500, payable within 10 days of the sale. Delivery of the vehicle will be the responsibility of the buyer. Attachments Listing and Marketing Commission Agreement (1 page) Recommended Action Motion to authorize the City Manager sign the Listing and Marketing Commission Agreement with Randolph Center, LLC, Firetec Apparatus Sales to list and market the 1986 Ford fire pumper and miscellaneous equipment for 10% of the sale price and/or minimum of $500. 1.800.FIRETEC Firetec@ Apparatus Sales PO Box 177, Randolph, VT 05060 . 1-800-Firetec (347-3832) . Fax: 802-728-9206 . E-mail: tiretec@firetec.com I..ISTING AND MARKETING COMMISSION AGREEMENT The undersigned being duly authorized, hereby enter into the following contractual agreement: Randolph Center, Llc. doing business as Firetec Apparatus Sales agrees to advertise in national sales publications* and on its' websites www.firetec.col1l and \vww.usedfiretrucks.com the following apparatus: Owned or exclusively offered for sale by: Agent/Owner FiretecliY will refer to Agent/Owner all qualified inquiries Firetec(i<) receives regarding the specified apparatus. IfAgentlOwner sells the marketed apparatus or any other apparatus to the customer referred by Firetec0, or anyone acting on behalf of the referred customer, the Agent/Owner will pay a commission of ] 0% of the sale price (or a minimum of $500) to FiretecIN within] 0 days of the sale. Agent/Owner agrees to notify Firetecro., at the time of sale, as to the sale price and the name and address of the buyer. This agreement shall be in dIect for a period of one (1) year unless extended. Either party may terminate at any time by notifying the other party in writing. 1f any sale takes place subsequent to termination, to a party previously refelTed by FireteclJi>, the same commission will be paid as if the agreement were still in effect. Agreed to by: Firctec Apparatus Sales Authorized Agent/Owner Date Dale 'Firelec.' reservcs the right 10 <ldvcrlisc vehicles 1980 ilnd older on wcbsflc only. Frequcncy of prim advertising ~l sole discretion of Firelec for all vehicles. May 4, 2006 alley o du City Administration/Council 763-593-8096 I 763-593-8109 (fax) l Executive Summary For Action Golden Valley City Council Meeting February 16, 2010 Agenda Item 3. M. Authorization to Sign Sergeants (LELS Local 304) Agreement Prepared By: Paula A. Graff, Human Resources Coordinator Summary A one year agreement with LELS Local 304, the Sergeants unit of LELS, has been reached. The contract calls for no increase in wages for 2010. It eliminates Step 1 from the wage scale, decreasing the number of steps from four to three. The contract also amends the funeral leave policy so that the list of those people considered immediate family members is identical to non-union City employees. Finally, the agreement provides for an increase in the monthly insurance contribution equivalent to the increase provided to non-union employees. The agreement has been approved by the members of the unit. This item authorizes the Mayor and City Manager to sign the agreements. Attachments Labor Agreement - Sergeants 2010 (16 pages, underlined/overscored version, loose in agenda packet) Recommended Action Motion to authorize the Mayor and City Manager sign the 2010 Sergeant agreement. LABOR AGREEMENT SERGEANTS 20092010 This Agreement dated Januarv 7. 2009Februarv 16. 2010 is made and entered into by and between the City of Golden Valley, hereinafter referred to as the Employer and Law Enforcement Labor Services, Local #304 representing the Golden Valley Police Sergeants, hereinafter referred to as the Union. DEFINITIONS For the purpose of this Agreement, the following terms and phrases shall have the meaning given to them: EMPLOYER: City of Golden Valley or its Representatives UNION: Law Enforcement Labor Services Local 304 (LELS) EMPLOYEE: A member of the exclusively recognized bargaining unit OFFICER: Officer elected or appointed by the Union. MEMBER: A member of the LELS Local 304 to which this contract applies. ARTICLE 1. Purpose of Agreement. This Agreement has as its purpose the promotion of harmonious relations between the Employer, its Employees and the Union, the furtherance of efficient governmental services; the establishment of an equitable and peaceful procedure for the resolution of disputes that may arise without interference or disruption of efficient operation of the department; and the establishment of a formal understanding relative to all terms and conditions of employment. The Employer and the Union, through this Agreement, continue their dedication to the highest quality of public service. Both parties recognize this Agreement is a pledge of this dedication. ARTICLE 2. Recognition. Section 1. The Employer recognizes the Union as the exclusive representative under Minnesota Statutes 179.71, Subdivision 3, for all employees of the Golden Valley Police Department bargaining unit as identified by the Bureau of Mediation Services, certification of Exclusive Representative'dated January 1, 1982, Case No. 82-PR-277-A. Section 2. In the event that the Employer and the Union are unable" to agree as to the inclusion or exclusion of a new or modified job class, the issue shall be submitted to the Bureau of Mediation for determination. ARTICLE 3. Employer Authority. Section 1. It is recognized and accepted by the Union and Employer that the management, direction and control of the Police Department and its personnel are exclusively the function of the Employer. The exercise of the City's management rights shall take place "without hindrance or interference by the Union", except as limited by the terms of this Agreement. City's management rights include, but shall under no circumstances be construed to be limited to, the right to: a. Manage the operation through the selection and direction of the work force, including the right to hire and promote, transfer Employees to positions, departments and classifications both covered and not covered by this Agreement, except that no Employee shall be transferred out of the Bargaining Unit as a disciplinary action. b. Layoff Employees c. Demote, suspend, discipline or discharge Employees d. Make such operating changes as deemed necessary by the Employer for the efficient, economical operation of the City, including but not limited to the right to sub-contract work performed by members of the Bargaining Unit, to change the normal work week, the length of the normal work day, hours of work, the beginning or ending time of each shift or'assignment and the number of shifts to be operated. e. Determine the organizational structure, number of personnel and the assignment of duties, including the right to increase, decrease or change duties. f. Establish functions, programs, its overall budget and the utilization of technology. g. Promulgate work rules and regulations. Section 2. Any specifically enumerated management right not limited by the terms of this Agreement shall not be eligible to be grieved by the Union. Section 3. Any terms and conditions of employment not specifically established or modified by this Agreement shall remain solely with the discretion of the Employer to modify, establish or eliminate. 2 ARTICLE 4. Union Security. Section 1. A. The Employer agrees to cooperate with the Union in the deduction of regular monthly dues, for those Employees who request in writing to have regular monthly Union dues checked off by payroll deduction. The Employer agrees to remit such regular monthly dues in a manner to be determined by the Union and Employer. B. The Union agrees to indemnify and hold the Employer harmless against any and all claims, suits, orders or judgment brought or issued against the Employer as a result of any action taken or not taken by the Employer under the provisions of paragraph A of this Section. Section 2. The Union may designate members to act as stewards or officers and shall inform the Employer of such choice and of any changes in stewards or officers in writing. Section 3. The Employer agrees to make space available on the Employer bulletin board for the posting of Union notice(s) and announcements and to make space available for Union meetings when it does not conflict with the operation of the department. Section 4. The Employer agrees to allow the officers and representatives of the Bargaining Unit reasonable time off and leaves of absence, with prior approval and without pay for the purpose of conducting Union business when such time would not be detrimental to the work programs of the Employer. Section 5. The Employer agrees to post on the department bulletin board all promotional opportunities within the Bargaining Unit; to publish the method by which promotions shall be made within the Bargaining Unit; and to make copies of all work rules and regulations available to Employees. ARTICLE 5. Employer Security. Section 1. Neither the Union, its officers or agents, nor any of the Employees covered by this Agreement will engage in, encourage, sanction, support or suggest any strike, slowdown, mass resignations, mass absenteeism, the willful absence from one's position, stoppage of work or the absence in whole or part of the full, faithful and proper performance of duties of employment for the purpose of inducing, influencing, or coercing a change in the conditions, compensation or the rights, privileges or obligations of employment. Section 2. Any Employee who engages in a strike may have his/her appointment terminated by the Employer effective the date the violation first occurs. Such termination shall be effective upon written notice served upon the Employee. 3 ARTICLE 6. Equal Application. Section 1. The provisions of this Agreement shall be applied equally to all Employees in the Bargaining Unit without discrimination as to race, color, creed, sex, national origin, religion, political affiliation or marital status. The Union and the Employees covered by this Agreement shall share equally with the Employer the responsibilities established by this Article. Section 2. The Employer shall not discriminate against, interfere with, restrain, or coerce an Employee from exercising the right to join or not to join the Union or participate in an official capacity on behalf of the Union, which is in accordance with the provisions of this Agreement. The Union shall not discriminate against, interfere with, restrain, or coerce an Employee from exercising the right to join or not to join the Union and will not discriminate against any Employee in the administration of the Agreement because of non- membership in the Union. Section 3. The Union accepts its responsibilities as exclusive representative and agrees to represent all Employees in the Bargaining Unit without discrimination. ARTICLE 7. Savings. Section 1. This Agreement is subject to the laws of the United States and the State of Minnesota. Section 2. In the event that any provision of this Agreement shall be held to the contrary of law by a court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provision shall be voided. All other provisions of this Agreement shall continue in full force and effect. The voided provisions may be renegotiated upon written request of either party. ARTICLE 8. Grievance Procedure. Section 1. A. For the purpose of this Agreement, the term "grievance" means any disputes arising concerning the interpretation or application of the express provisions of this Agreement. B. In the event of such grievance arising there shall be no suspension of operations but an earnest effort shall be made to resolve such grievances in the manner prescribed by this Agreement. C. It is recognized and accepted by the Union and the Employer that the processing of grievances, as herein provided, is limited by the job duties and responsibilities of the Employee and shall therefore be accomplished during normal working hours only when consistent with such Employee duties and responsibilities. The aggrieved Employee and the Union Representative shall be allowed a reasonable amount of time without loss in pay 4 when a grievance is investigated and presented to the Employer during normal working hours provided the Employee and the Union Representative have notified and received prior approval from the designated supervisor who has determined that such absence is reasonable and would not be detrimental to the work programs of the Employer. Section 2. Grievances, as defined by Section 1, shall be resolved in conformance with the following procedure and all references to days in Steps 1-4 are calendar days: Step 1. An Employee who feels that the City has misinterpreted or misapplied any section of the Agreement in dealing with that Employee, should discuss his/her claim with the Employee's immediate supervisor. This should be done within fourteen (14) calendar days from the occurrence of the believed violation or from when the Employee became aware of it. The Employee should complete the grievance notice sheet and submit it to the supervisor at the time of the discussion with the supervisor. The supervisor will respond, in writing, within ten (10) days from the date the grievance sheet was received. Every effort shall be made to settle the grievance at this step. Nothing shall prevent an Employee from seeking guidance from the Union at this step. Step 2. If the dispute is not solved at Step 1 between the Employee and the supervisor, then the Employee should meet with the Union and the dispute should be put in writing, stating the nature of the grievance, the name or names of the Employees involved, the provisions of the Agreement believed violated and the remedy requested. This shall be submitted to the Employer- designated Step 2 Representative within ten (10) calendar days of the Step 1 written response. The Step 2 Representative shall render an answer, in writing, within ten (10) days of the receipt of the Step 2 submittal and the answer shall be transmitted to the Employee and THE UNION. Step 3. If the dispute is not solved by the Step 2 process, the written grievance with the information required in Step 2, shall be presented to the Employer-designated Step 3 Representative. This shall be submitted within ten (10) days of receipt of the Step 2 answer. The Step 3 Employer-designated Representative shall render a written answer within ten (10) days from receipt of the Step 3 grievance and the answer shall be transmitted to the Employee and THE UNION. Where no Employer Step 3 Representative is appointed, the grievance shall progress from Step 3 to Step 4. Step 4. A grievance unresolved in Step 3 may be appealed by the Employee and THE UNION to Step 4. Notification of intent to appeal to Step 4 shall be made within ten (10) days of receipt of 5 Employer's Step 3 answer. A Step 4 grievance shall be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971 as amended. The selection of an arbitrator shall be made in accordance with the "Rules Governing the Arbitration of Grievances", as established by the Bureau of Mediation Services. Section 3. A. The arbitrator shall have no right to amend, modify, nullify, ignore, add to or subtract from, the terms and conditions of this Agreement. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the Employer and the Union, and shall have no authority to make a decision on any other issue not so submitted. B. The arbitrator shall be without power to make decisions contrary to, or inconsistent with, or modifying or varying in any way the application of laws, rules or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The arbitrator shall consider and decide only the specific issue or issues submitted to him by the parties of this Agreement and shall have no authority to make a decision on any other matter not submitted to him, and the decision shall be binding on both the Employer and the Union. C. The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the Employer and the Union provided that each party shall be responsible for compensating their own representative and witnesses. If either party desires a verbatim record of the proceedings, they may cause such a record to be made providing they pay for the record. If both parties desire a verbatim record of the proceedings, the cost shall be shared equally. Section 4. Waiver. If a grievance is not presented within the time limits set forth above, it shall be considered "waived". If a grievance is not appealed to the next step within the specific time limit or any agreed extension thereof, it shall be considered settled on the basis of the Employer's last answer. If the Employer does not answer a grievance or an appeal thereof within the specified time limits, the Union may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual written agreement of the Employer and the Union in each step. Section 5. Choice of Remedy. If, as a result of the written Employer response in Step 2, the grievance remains unresolved, the grievance may be appealed either to Step 3 of Article 8 or a procedure such as: Civil Service, Veteran's Preference, or Fair Employment. If appealed to any procedure other than Step 3 of Article 8 the grievance is not subject to the arbitration procedure as provided in Step 4 of Article 8. The aggrieved Employee shall indicate in writing which procedure is to be utilized - Step 3 of Article 8 or another appeal procedure - and shall sign a statement to the effect that the choice of any other 6 hearing precludes the aggrieved Employee from making a subsequent appeal through Step 4 of Article 8. ARTICLE 9. Safety. The Employer and Union agree to jointly promote safe and healthful working conditions, to cooperate in safety matters and to encourage Employees to work in a safe manner. ARTICLE 10. Seniority and Time in Grade. Section 1. Definition. Seniority shall mean an Employee's length of services as a patrol officer and/or sergeant with the Department since his/her last date of hire. An Employee's continuous service record shall be broken only by separation from service by reasons of resignation, discharge for cause, retirement, death or leave of absence without pay. When two or more Employees have the same seniority date, their position on the seniority list shall be determined by their position on the Civil Service list when hired. Time in grade shall mean an Employee's length of service in his or her current rank with the department since his/her last date of promotion. Time in grade may only be broken by the same acts as defined above for seniority. The Union shall prepare a time in grade list and a roster by time in grade, to be submitted to the Employer for approval and posting. When two or more Employees have the same time in grade list, their position on the time in grade list shall be determined by their position on the Civil Service list when hired. Section 2. Lay Offs. When a reduction in the work force becomes necessary, the Employee with the least seniority shall be laid off first. The last Employee laid off shall be the first to be recalled for work. No new Employees shall be hired until the layoff list has been exhausted. If a reduction in the number of sergeants becomes necessary, the sergeant with the least time in grade shall be permitted to bump back into a patrol officer's position with less departmental seniority. Section 3. Probationary Employees. During the probationary period, a newly hired or rehired Employee may be discharged at the sole discretion of the Employer. During the probationary period a promoted Employee may be returned to his/her previous position at the sole discretion of the Employer. The probationary period shall be 1 year for promoted Employees and 1 year for new Employees from date of hire or completion of basic recruit school if completed while on City payroll. ARTICLE 11. Discipline. Section 1. The Employer will discipline for cause only. Discipline will be one or more of the following forms: a. oral reprimand b. written reprimand 7 c. suspension d. demotion, or e. discharge Section 2. An Employee who is to be suspended, demoted or discharged, shall receive a written statement of cause of the suspension, demotion or discharge within 72 hours after the action has been taken. Suspension will set forth the time period for which the suspension shall be effective. Demotions will state the classification to which the Employee is demoted. The Union shall be provided with a copy of such notice. Section 3. Written reprimands, notices of suspension or demotion and notices of discharge which are to become part of an Employee's personnel file shall be read and acknowledged by signature of the Employee. Such signature shall not be an admission of guilt but only an acknowledgment of receipt and the Employee shall have the opportunity to attach a response to the reprimand or notice to the copy in the Employee's personnel file. The Employee will receive a copy of such reprimands and/or notices. Section 4. A. Employees shall have the opportunity to request to have a representative present when a Garrity Warning is given prior to being questioned regarding a possible disciplinary action Section 5. Employees may not be suspended without pay for more than sixty (60) working days in any calendar year. Discharges will be preceded by a five (5) calendar day suspension without pay. Section 6. Employees may examine their own individual personnel files at reasonable times under the direct supervision of the Employer. Union representatives may, upon invitation of the Employee, also examine the personnel files. Section 7. Grievances relating to this Article may be initiated by the Union in Step 3 of the grievance procedure. Section 8 Disciplinary Action The City will utilize two types of employee misconduct forms, temporary and permanent. Both shall be subject to the grievance procedure. Temporary misconduct forms shall be destroyed after one year. ARTICLE 12. Work Schedules. Section 1. Sole authority in establishing work schedules is the Employer. The normal work year shall consist of 2,080 hours to be accounted for by each Employee through schedule of hours worked, holidays, roll call, training, vacations and/or paid-time off (PTO). Nothing contained in this or any other Article shall be interpreted to be a guarantee of a minimum or maximum number 8 of hours the Employer may assign Employees. This Section shall also not be used for the computation of overtime. Section 2. Split shifts shall not be scheduled except by mutual agreement of City and affected Employees. Section 3. Changes in the format of duty schedules shall be posted two weeks in advance. ARTICLE 13. Court Time. Section 1. An Employee who is scheduled to appear in court during his or her off-duty time shall receive a minimum of four (4) hours straight time payor pay at 1 1/2 times the Employee's pay rate for the actual number of hours spent in court, whichever is greater. An extension or early report to a regularly scheduled shift does not qualify the Employee for the minimum. When an Employee is notified of a cancellation of a court appearance less than 24 hours before the scheduled appearance, four (4) hours of straight time shall be paid. When an Employee is notified of a cancellation of a court appearance more than 24 hours prior to the scheduled appearance, no court time shall be authorized. Court time shall also include time spent in depositions and in attorney preparation meetings with attorneys representing the City of Golden Valley. Section 2. The City shall make reimbursements for necessary parking fees incurred when appearances in Court are required. ARTICLE 14. Sick Leave. Each permanent full-time Employee shall be granted eight (B) hours sick leave with pay for each month of full-time employment and will be allowed to accrue credit for earned sick leave to a total of eight hundred (BOO) hours. For every day of sick leave an Employee earns after he has accumulated eight hundred hours, he/she will be given credit for four (4) hours additional vacation and four (4) hours of pay, computed at the end of each year. Sick leave may not be used during the first 6 months of employment, but will be credited for use following the first 6 months of employment. Sick leave shall not be considered as a privilege which an Employee may use at his/her discretion, but shall be allowed in the case of actual illness, legal quarantine or disability of the Employee, or because of death or critical illness in his/her immediate family*, or to receive dental or medical care or other sickness preventative measures. Employees claiming sick leave may be required to file competent written evidence that he/she has been absent as authorized above, or if more than two days, that he/she has been under treatment and supervision of a doctor or dentist who recommended work not be performed. If Employee has been incapacitated for the period of his/her absence or a major part thereof, he/she may be required to provide evidence that he/she is again physically able to perform his/her duties. Sick leave shall be computed on a working day basis when used. 9 Sick leave is intended as a benefit primarily to the Employee himself/herself and as a protection or insurance of earning power. While it is permitted due to death or critical illness in the immediate family, it is intended to be available on a restricted basis and in limited amounts for this purpose. For discretionary attendance on family illness or medical needs, vacation or leave of absence should be used. Up to five (5) days le:Jve '/lith pay without deduction from sick le:Jve shall be gr:Jnted for de:Jth of spouse or child. Up to throe d:JYs sick leave sh:J1I be granted for dO:Jth in the immedi:Jte f.:Jmily :Jnd up to one day in the c:Jso of de:Jth in tho next degroe of kindred. All provisions and definitions of the Family and Medical Leave Act are incorporated into this sick leave provision. * The following kin (including step or h:Jlf rel:Jtionships) of either tho Employee or the Employee's spouse: children, mother, f.:Jther, sister or brother and gr:Jndp:Jronts. Employees hired under the PTO plan are subject to the provisions under Article 19. ARTICLE 15. Funeral Leave Up to five (5) days leave with pay without deduction from sick leave and/or PTO shall be qranted to death of spouse or child. Up to three (3) days sick leave and or PTO where applicable shall be qranted for death in the immediate family or person residinq as a member of the employee's immediate household and UP to one day in the case of death in the next deqree of kindred. Immediate family includes any person havinq the followinq relationship to an employee or a Iivinq or deceased spouse: · parent · mother-in-Iaw/father-in-Iaw · sister/brother · sister -in-law/brother -in-law · son-in-Iaw/dauqhter-in-Iaw · qrandparents · qrandparents-in-Iaw · qrandchildren · stepparents and/or leqal quardians. ARTICLE 4-616. Termination Pay. Termination removes job rights and benefits and rehire status benefits as with a new Employee. Settlement of all benefits for the Employees who have been laid off, retired, or whose actions were not a factor in their termination shall be made at termination as follows: Upon termination of service and after completion of 10 five years of continuous service to the City as a full-time permanent Employee, an Employee shall be entitled to receive in pay 1/3 of unused sick leave in addition to accrued annual leave. Also, after 10 years of service or PERA certifiable disability that results in termination of employment, such Employees shall receive one days' pay for each full year of service to the City. In the event of death, payment shall be made to the survivor. ARTICLE W17. Leaves of Absence. Section 1. Jury Duty. Employees called for jury duty shall suffer no loss in their normal salary. Employees claiming jury duty pay shall sign over all jury duty fees to the Employer. Section 2. Military Service. Employees serving in the military shall suffer no loss in their normal salary to the extent provided by Minnesota Law or Federal Law. Section 3. Illness or Injury. A leave of absence without pay may be granted by the City Manager for up to 90 days for extended illness or personal hardship if such absence would not be detrimental to the Employer's work program. The Employee shall not be entitled to accrue leave or seniority while on a leave of absence without pay granted pursuant to this section. Section 4. Maternity/Paternity. Employees shall be granted up to 90 consecutive days for maternity or paternity leave. The Employee may use sick leave and vacation days that have been accumulated or all or part of the leave may be taken as an unpaid absence. Requests shall be made in writing to the City Manager. Extensions may be granted only by agreement of the City Manager. Section 5. Military. Employees shall be granted unpaid military leaves consistent with applicable Minnesota Statutes. Requests shall be made in writing to the City Manager. ARTICLE -t+18. Vacation Leave. Section 1. Employees shall be entitled to a paid vacation based upon service in the prior years. Annual leave shall be earned as follows: Date of Hire until completion of 5 years Over 5 years until completion of 10 years Over 11 years Over 12 years Over 13 years Over 14 years Over 15 years Over 16 years Over 17 years Over 18 years 11 2 weeks 3 weeks 3 weeks plus 1 day 3 weeks plus 2 days 3 weeks plus 3 days 3 weeks plus 4 days 4 weeks 4 weeks plus 1 day 4 weeks plus 2 days 4 weeks plus 3 days Over 19 years Over 20 years and above 4 weeks plus 4 days 5 weeks No annual leave shall be granted during the initial six months of employment. But if an Employee satisfactorily completes the six-month period, annual leave accrued during the initial six-month period will be granted. Section 2. Vacations will, so far as possible, be granted at times most desired by the Employee except that the Employer shall have the final right to allot vacations in order to ensure the orderly operation of the City. Section 3. Employees shall be permitted to carry over double their current accumulation from one calendar year to the next. Section 4. Employees may request additional time off without pay up to a maximum of one year in a five-year period. Such requests shall be made in writing and are subject to the approval of the City Manager. Section 5. Employees hired under the PTO plan are subject to the provisions under Article 19. ARTICLE 4319. Holidays. Work schedules for Employees are made up without regard for weekends and holidays. In view of this fact, each Employee is granted 12 days (with one of those days as an unnamed floating holiday) leave each year in lieu of holidays. Holiday leave is added to vacation leave on a pro rata basis each pay period and shall be credited whether or not the Employee is scheduled to work on a holiday. These days must be taken during the year earned, except Christmas which may be carried over to the following year. Arrangements for taking vacation time must be arranged in advance with the supervisor in charge of the work schedule. Work on January 1, Martin Luther King Day, Presidents' Day, Memorial Day, July 4, Labor Day, Veteran's Day, Thanksgiving Day, the day after Thanksgiving, Christmas Eve Day and Christmas Day, will be compensated at the rate of time and one-half (1 1/2) the Employee's regular rate of pay for all hours worked on these holidays plus holiday time. ARTICLE 4920. Paid-time Off (PTO) Employees hired after December 31, 2008 shall participate in the City's PTO plan. ARTICLE 2021. Injury on Duty. Employees injured during the performance of their duties for the Employer and thereby rendered unable to work for the Employer will be paid the difference between the Employer's regular pay and Worker's Compensation insurance payments for a period not to exceed one hundred twenty (120) working days per 12 injury, not charged to the Employee's vacation, sick leave, PTO or other accumulated paid benefits, after a three (3) working days initial waiting period per injury. The three (3) working days waiting period shall be charged to the Employee's sick leave or PTO account less Worker's Compensation insurance payments. ARTICLE 2-1-22. Administrative Leave/Light Duty The City recognizes that from time to time, as a result of traumatic incidents happening on the job, Police Sergeants may experience stress reactions or other emotional problems that impact their ability to work efficiently and effectively. In light of the foregoing, the City's decision to grant administrative leave or light duty will be based on the following criteria: 1. That the sergeant is referred to a psychologist or other qualified mental health professional by the Police Chief. Self-referral with the concurrence of the department head will be deemed to be referral by the City. 2. The cost of any evaluation recommended by the Department will be borne by the City and the time spent by the sergeant undergoing the evaluation will be considered duty time. 3. Administrative leave/light duty shall be granted based on the recommendation of the Evaluator and a finding that the need for administrative leave/light duty is reasonably related to an incident occurring in the course and scope of the sergeant's employment with the City. 4. The Police Chief will be advised of all findings and recommendations of the Evaluator, excluding any background material that led to the finding and recommendation. 5. Any administrative leave/light duty granted will be for the purpose of obtaining treatment and/or counseling or participating in other activities prescribed by medical/mental health Evaluator. 6. Light duty or other assignment, consistent with medical recommendations may be granted. Persons on special assignment or light duty shall not be eligible for any special assignment pay unless they were so assigned at the time administrative leave or light duty was granted. 7. Treatment for drug and alcohol rehabilitation is specifically excluded from consideration for administrative leave. ARTICLE 2223. Qualifications for Continuing Employment. Any Employee deprived of his/her state license to act as a police officer shall be suspended without pay during that period. ARTICLE 2324. Personal Liability Insurance. 13 The City will maintain current personal injury liability insurance coverage throughout the duration of the contract. The Employer shall furnish legal counsel to defend any police officer in all actions brought against such officer to recover damages for alleged false arrest or alleged injury to person, property, or character, when such alleged false arrest or alleged injury to person, property, or character was the result of an arrest made by such officer in good faith and in the performance of his or her official duties and pay reasonable costs and expenses of defending such suit, including witness fees and reasonable counsel fees. ARTICLE 2425. Standby. Employees specifically required by the Employer to stand by shall be paid for such standby time at the rate of one-hour regular pay for each hour of standby, with a minimum of two (2) hours of pay. ARTICLE 2626. Educational Reimbursement. The City will reimburse 100% of the Employee expenses for tuition, fees and books required for job-related educational courses upon completion of the course provided that: 1. The course has received prior approval of the Employee's department head and the City Manager. 2. The Employee attains a grade of "e" or better and is so certified to the City. 3. The Employee's attendance at course sessions is satisfactory. 4. No other reimbursement is claimed or applied for from another agency or source. All other non-related course work will be reimbursed at rate of 50%, with an annual cap of $500. ARTICLE 2627. Training. The City will provide training to meet Post Board Certification standards and will pay for ongoing Post Board licenses required of each sergeant. ARTICLE 2+28. Salaries and Benefits Salarv Effective January 1, ~201 0, monthly wage rates are as follows: 20092010 Step 1 $6253.08 Step 2-1 $6503.20 14 Step 3-~ $6763.33 Step 4 ~ $7033.86 Step increases normally occur on the date of the employee's service anniversary in accordance with established city policies. Sergeants appointed prior to January 1, 2009 shall be placed at Step 4 upon achieving their one year anniversary. Insurance An amount equivalent to 2% of the base salary will be provided on a monthly basis to the employee to purchase insurance. Insurance must be purchased through an approved City vendor and must be an approved City plan. When available, dental insurance will be offered with the cost of the premiums being paid for out of the above 2% of base salary and/or by Employee contribution, whichever he/she chooses. If the City expands the flexibility of the use of this benefit to other supervisors, the same flexibility will be extended to Employees covered by this agreement. Buyback of Accrued Time The City will buy back accrued time paid at a straight hourly rate on a quarterly basis. Sergeants will, if they so choose, be allowed to carry over (10) accrued hours into the next quarter. Health Insurance The City will contribute $~1044 per month in ~2010 for health insurance. Insurance must be purchased from City approved vendor and by a City authorized plan. This amount is inclusive of $20 per month for successful participants in the City-sponsored wellness initiative in 2009. For 2011 the City insurance contribution shall include $20 per month for those who successfully participate in the wellness initiative in 2010. Wellness Incentive Employees who successfully p3rticip3te in the City sponsored 'Nellness initi3tive in 2009 sh311 receive the full He31th Insuranoe oontribution in 2010 from the City. Non p3rticipating or non successful employees shall receive $20 less per month. Disability Insurance The City will provide Long Term Disability Insurance to the employees. Uniforms City will provide uniforms and equipment. Employees in any of the enumerated non-uniformed positions shall receive $594.41602.14 annually in ~2010 for clothing. That rate will be adjusted each year hereafter by the October-to- October Midwest Region CPI-U of the Consumer Price Index/Apparel Index. 15 ARTICLE 2129. Overtime Pay. Section 1. Overtime shall be worked only at the specific authorization of the Employee's supervisor. Hours reimbursed at the overtime rate shall include callbacks and schedule extensions. These hours shall be compensated at one and one-half times the employee's base rate of pay for hours worked beyond the Employee's regularly scheduled work shift. Changes in shifts do not qualify the Employee for overtime. For the purpose of computing overtime compensation, overtime hours worked shall not by pyramided, compounded or paid twice. Overtime shall be calculated to the nearest 1/10 of an hour. Section 2. Employees earning overtime shall, at the end of each payroll period inform their supervisor whether they wish to take the hours in pay, or time off (referred hereto as accrued time); and shall receive one and one-half (1 1/2) hours off for each overtime hour worked and hour for hour for straight time worked. Accrued time shall be taken in the same manner as vacation time, or reimbursed as provided in this Agreement. ARTICLE 2830. Duration. The term of this Agreement shall be from January 1, ~201 0 through December 31, ~201 O. GOLDEN VALLEY POLICE CITY OF GOLDEN VALLEY SERGEANTS, LOCAL 304 Dennis Arons, PresidentlTreasurer Linda R. Loomis, Mayor Adam Burnside, Business Agent (LELS) Thomas D. Burt, City Manager 16 alley Council 763-593-3990 I 763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting February 16, 2010 Agenda Item 3. N. Council Appointment - Assistant Weed Inspector Prepared By Linda Loomis, Mayor Summary The Public Works and Inspections Departments will be working together to respond to complaints regarding long grass and weeds. In order to better utilize staff resources, staff is recommending that Josh Kunde, Fire/Property Maintenance Specialist, in addition to Ron Hammer, Park Maintenance Supervisor, be appointed as Assistant Weed Inspector. Mr. Hammer was appointed in January 2010. This appointment is not subject to Council confirmation. Recommended Action Mayor Loomis will appoint Josh Kunde as the Assistant Weed Inspector until January 4, 2011. alley du Planning 763-593-8095/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting February 16, 2010 Agenda Item 3. O. First Consideration - Ordinance #430 - Amending Section 4.20 Regarding Sign Permits and Regulations in 1-394 Mixed Use Zoning District Prepared By Joe Hogeboom, City Planner Summary The City is proposing to institute an ordinance that will amend City Code by creating regulations for signage in the 1-394 Mixed Use Zoning District. The proposed ordinance, set to amend Chapter 4.20 of the City Code, is currently before the Council for first consideration. The proposed ordinance was discussed at the February 9, 2010 Council/Manager meeting where the Council decided that it was ready to be heard at a Regular City Council meeting. Staff feels that the proposed language will adequately regulate the size, location, and intensity of signage in the 1-394 Corridor. Attachment Underlined/Overscored version of Section 4.20 (11 pages) Ordinance #430, Amending Section 4.20 Regarding Sign Permits and Regulations in 1-394 Mixed Use Zoning District (7 pages) Recommended Action Motion to adopt on First Consideration, Ordinance #430, Amending Section 4.20 Regarding Sign Permits and Regulations in 1-394 Mixed Use Zoning District. S 4.20 G. Free Standing Sign: A sign placed in the ground and not affixed to any part of any building. Pylon signs and Monuments signs are examples of freestanding signs. H. Garage Sale Sign: A sign identifying a temporary sale of household items sold by one private party to another private party. Such items shall be sold solely for personal use and not for resale. 1. Illuminated Sign: A sign which has characters, letters, figures, designs or outlines illuminated by electric lights or luminous tubes as a part of the sign. J. Menu Sign: An exterior freestanding sign advertising products or services of a business with a drive-through facility. K. Monument Sign: A freestanding sign not to exceed twelve (12) feet in height not supported by poles or posts which is architecturally designed and located directly on grade with the base being seventy percent (70%) or more of the greatest width of the sign and with the base integrated with the signL except as allowed in the 1-394 Mixed Use Zoning District. L. Name Plate Sign: A sign which states the name or address or both of the business or occupant of the lot where the sign is placed. M. Neighborhood Identification Sign: A monument sign identifying a neighborhood or area. N. Non-conforming Sign: A sign lawfully existing at the adoption of this Ordinance but does not conform to its requirements. O. Portable Sign: A sign not attached permanently to the ground and designed so as to be movable from one location to another. P. Private Directional Sign: A non-advertising sign erected on private property by the owner of the property for purposes of guiding vehicular and pedestrian traffic. Q. Public Sign: Any sign defined as a traffic control sign in the Highway Traffic Regulation Act, any identification sign installed in a public park by a public authority or any identification, regulatory, warning or other sign approved by the City for installation on public land. R. Pylon Sign: A free standing sign which is not a monument sign. structure which is in excess of t-v...c1ve (12) feet in height with <:l sign mounted thereon. S. Real Estate Sign: A sign which advertises the development, sale, lease or rental of land or buildings. T. Search Light Sign: A temporary sign drawing attention to an event, activity, or site by concentrating or focusing light rays or beacons to create a 94.20 brightly focused light that may rotate, flash, remain steady or some combination of these. U. Shopping Centers: Any contiguous group of six (6) or more retail stores or service establishments within the Commercial Zoning district comprising ten thousand (10,000) or more square feet of floor area which provides off-street parking utilized in common by patrons, where each tenant is provided direct access to the parking area by means of an exterior door or exit at ground or balcony level. V. Sign: A name, identification, description, display, or illustration, which is affixed to or represented directly on a building structure, or a tract of land and which directs attention to an object, product, place, activity, person, institution, organization, or business located on the same premises. It does not include any official court or other public notices or directional signs placed by an authorized government agency, nor does it include the flag, emblem, or insignia of a nation, political unit, school or religious or service or fraternal group. W. Surface Area of Sign (Maximum Total Si(:m Area, Total Si9n Area): The entire area within a single continuous perimeter enclosing the extreme limits of actual sign surface. It does not include any structural elements outside the limits of such sign and not forming an integral part of the display. Only one (1) side of a double-faced or V-type (one hundred thirty five (135) degree maximum) structure or pylon sign shall be used in computing total surface area. If individual letters are mounted directly on a wall or canopy without a frame, the sign area shall be the area in square feet of the smallest rectangle enclosing the sign. X. Temporary Sign: A sign designed to be displayed for a limited period of time that is not permanently fixed to the land or a structure. Y. Wall Sign: A sign attached to or erected against an exterior wall surface of a building or structure. Z. Window Sign: A sign placed, mounted or hanging on the outside or inside surface of a window or any sign placed within a building for the purpose of being visible from the public right-of-way. AA. Office/Warehouse Park: Any contiguous group of six (6) or more business establishments within the Industrial or Light Industrial Zoning District comprising ten thousand (10,000) or more square feet of floor area which provides off-street parking utilized in common by patrons, where each tenant is provided direct access to the parking area by means of an exterior exit door at ground level. Subdivision 3. Exempt Signs The following signs are exempt from certain provisions of this section as provided below. 94.20 A. Bench signs. If located on a bench permitted by the City and as defined and allowed by City Code Section 7.40 B. Menu signs C. Private Directional signs D. Public signs E. Signs on licensed vehicles moved daily F. Garage Sale signs C. Tempor;Jry signs ;Jt ;Jthletic events only through December 31, 2006. Sporting ;Jssoci;Jtions who h;J\le been permitted to use ;J city ;Jthletic field m;Jy permit (for ;J fee) only through December 31, 2006, other persons or entities to pl;Jce signs to ;Jdvertise their ser'v'ices or products during ;Jthletic events subject to the following requirements: 1. Signs sh;J11 be no more th;Jn thirty (30) squ;Jre feet in size ;Jnd sh;J11 be m;Jde of vinyl or simil;Jr soft m;Jteri;Jl; 2. Signs sh;J11 be ;Jtt;Jched to ;J fence or structure within ten (10) feet of the pl;Jying field, sh;J11 be no higher th;Jn the fence or structure ;Jnd sh;J11 be pl;Jced so ;JS to be visible to spect;Jtors ;Jt the event; 3. Signs m;J'y' be pl;Jced on the d;J'y' of the sporting event ;Jnd removed th;Jt d;J'y' ;Jfter the event is concl uded; 4. The sporting ;Jssoci;Jtion sh;J11 be responsible for conform;Jnce with this code provision ;Jnd for ;In}' d;Jm;Jge or injuries resulting from the displ;JY of such signs; 5. Such signs sh;J11 not be of;J politic;J1 n;Jture nor ;Jdvertise ;Jlcohol, tob;Jcco, ;Jdult entert;Jinment or their use. Subdivision 4. Prohibited Uses The following uses are prohibited. A. Flashing signs and Portable signs B. Electronic signs having a message that changes more than once per 24-hour period, except those portions of an electronic sign displaying only the time and/or temperature. No electronic sign displaying the time and/or Subdivision 8. General Regulations A. Calculation of Sign Area. All signs are included in the calculation of sign area, except for the following: Address Signs, Construction Signs, Menu Signs not 94.20 visible from a right of way, Neighborhood Identification Signs, Private Directional Signs, Real Estate Signs, and Temporary Signs. B. Free Standing Signs. If there is pedestrian or vehicular traffic that passes under a free standing sign, eight (8) feet of clearance from basic grade to the lowest element of the sign shall be required. At the discretion of the Building Official or his or her designee, a property survey and an engineered plan for foundations and/or soil tests may be required for freestanding signs. C. Illumination. Direct rays or glare of light from an illuminated sign shall not be visible from public rights-of-way or property other than that on which the illuminated sign is located. Any external source of illumination must be provided with shields or lenses that concentrate the light onto the sign. D. Menu Signs. If the name of the business or business logo is included in a menu sign, the sign area of such name or logo shall be counted as sign area for determining maximum sign area allowed. E. Sign Quality. All signs, including but not limited to wall signs, monument signs, and pylon signs, shall incorporate materials and colors which are compatible with the building upon 'v'v'hich on the site where the sign is to be located. Compatible shall include, but is not limited to, materials that are consistent with the principal architectural features and colors of the building(s) being identified. All signs shall be of good quality, and shall be designed to include attractive and tasteful colors and design elements. The layout of the sign shall give the sign a neat and orderly appearance. F. Sign Setbacks. Signs other than residential nameplates and neighborhood identification signs must be entirely located at least ten (10) feet from all property lines and ten (10) feet from any driveway on the premises on which the sign is erected and maintained, except as allowed in the 1-394 Mixed Use Zoning District. The following additional setbacks are required: 1. Signs must be outside the corner visibility zone, as per the corner visibility requirements in Chapter 7 of the City Code. 2. Shopping center pylon signs shall have a minimum setback of thirty-five (35) feet from a street property line. G. Streets and Easements. No sign other than public signs shall be erected or placed upon any public street, right-of-way, public easement, public land or project over public property or public easements, except as allowed in the 1- 394 Mixed Use Zoning District. H. Wall Signs. The following requirements are applicable for all wall signs: 1. Spacing. Signs applied to a building shall be placed as to allow a space between the end of the sign and the edge of the building or individual 94.20 occupancy equal to ten percent (10%) of the linear frontage of the building or individual occupancy. 2. Sign Projection. No sign may project out more than eighteen (18) inches from the face of the building to which it is attached, except as allowed in the 1-394 Mixed Use Zoning District. 1. Window Signs. Window sign(s) mounted or hanging on a window surface must meet the following requirements: 1. No window sign(s) shall occupy more than fifty percent (50%) of the surface area of a window. 2. If the name of the business or business logo where the sign is located is included in a window sign, the sign area of such name or logo shall be counted as sign area for determining maximum sign area allowed. 3. In the 1-394 Mixed Use Zoning District, window signs on a building substantially remodeled after December 31, 2009, shall be calculated as sign area. ]. Garage and Real Estate Sale Signs. Garage and Real Estate sale signs shall be subject to the following requirements: 1. No resident shall display garage sale signs for more than eight (8) days per year. Such signs shall not be displayed on more than two (2) non- continuous occasions per year. 2. All garage sale signs shall clearly identify the address, month, dates or days of the week of the sale. 3. All signs shall be set back a minimum of fifteen (15) feet from the back of the curb or behind any existing sidewalk, whichever is greater. 4. All signs shall be removed by 9 pm on the final day of the sale. 5. No sign shall be: a. Greater than six (6) square feet in area or three (3) feet in height. The height of the sign shall be measured from the top of the sign to the ground. b. Located on any governmental property, including the street right-of- way. 94.20 3. Exceptions: ;:J. I 394 Zone. Industri;:J1 p;:Jrcels within six hundred (600) feet of Interst;:Jte 394 ;:Jnd its Front;:Jge rO;:Jds sh;:J1I be ;:Jllowed ;:Jddition;:J1 sign;:Jge up to the m;:Jximum ;:Jllowed in the Commerci;:J1 Zoning District. 1. Planned Unit Development (PUD). Signs for a PUD shall be governed by the underlying zoning on the property. L 1-394 Mixed Use Zoning District. This district has unique requirements requiring special consideration. L Purpose. The City of Golden Valley has completed a study of the 1-394 corridor, established a separate zoning district for this corridor and hereby establishes sign regulations for this special district. The sign purposes for this district include the sign purposes as contained in Subdivision 1 of this Section. These sign purposes are designed to improve, or at least not detract from, visual coherence and attractiveness of the 1-394 corridor, to complement colors and materials of the subject building while being visually appealing, pedestrian oriented and compatible with buildings, streetscape, public views, and spaces. 2. Signage Plan Required. a. A signage plan which shows buildings, access, parking, setbacks, open space, property lines, and the location, size, materials, height, illumination, if any, of existing and proposed signs and buildings and other relevant site features must be submitted to the city at the time of site plan review or consideration for a conditional use permit. If a site plan review or conditional use permit is not required and a sign application is submitted, a signage plan must also be submitted unless a signage plan approved by the City is on file. b. To be approved, the Signage Plan must be found to meet the Purpose clause, and all other requirements of the sign ordinance applicable to the 1-394 Mixed Use Zoning District. ~ To be approved, the area of all signs must be calculated as sign area unless excepted by 4.20 Subdivision 5. !L. Upon approval of the signage plan by the City, it shall govern the location, type and size of signs until the site plan is amended with a new and approved signage plan which is in conformance with the sign ordinance in effect at the time of submission of the amended plan. 3. The following signs are permitted within the 1-394 Mixed Use Zoning District: Q.,. Temporary signs. 94.20 1.) Real estate signs. The following limits apply: I Sinqle-use . 32 sg. ft. Mixed-use 64 Sq. ft. 2.) Construction signs. The following limits apply: I SinQle-use Mixed-use 1120 s~. ft. 120 s . ft 3.) Garage Sale signs for single-use Multiple Dwellings. 4.) Other temporary signs, banners and inflatables as regulated in Subdivision 10. 1h Permanent signs. The maximum total sign area includes window signs and is based on use and other factors. Three (3) use categories are established: Single Use Residential. Single Use Non-Residential. and Mixed Uses. The following limits apply. Maximum Total Si n Area Single Use Non- 1-394 Mixed Use Zonin District Subdistrict Subdistrict Subdistrict Residentia I A B C (Includes single use commercial, office, hotel, institutional, and Industrial/light industrial Low Rise - Mid Rise - High Rise - uses) up to 3 up to 6 up to 10 Parcel Size or Floor Area stories stories stories o to 1 acre or floor area of 0 to 15 000 ross s . ft. 100 s . ft 120 s . ft 150 s . ft. > 1 to 3 acres or floor area of > 15 to45 000 ross s . ft. 120 s . ft. 150 s . ft. 200 s . ft. >3 to 5 acres or floor area of >45 to 75,000 gross sq. ft. 200 s . ft. 250 s .ft 300 s . ft. > 5 acres or floor area of > 7 5 000 ross s . ft. 300 s . ft. 350 s .ft 400 s .ft 94.20 Parcel Size or Floor Area Maximum Total Si n Area 1-394 Mixed Use Zonin District Subdistrict Subdistrict Subdistrict A B C Low Rise - up Mid Rise - up High Rise - up to 3 stories to 6 stories to 10 stories 1505 . ft 1805 . ft 2005 . ft. 2005 . ft. 2505 . ft. 3005 . ft. 2505 . ft. 3005 .ft 4005 . ft. 3505 . ft. 4005 .ft 5005 .ft Mixed Uses .lJ. Building Name Signs. If a building is to be named with a sign. the building may only have one (1) name. If placed on a building wall. the wall sign must be placed at one (1) of the following locations. a. On the ground level. b. A wall space contiguous to the ground level and architecturally designed for the sign or an acceptable area for the sign. c. A suitable wall space at the upper level of the building. d. An intermediate level between the ground level and the top level provided the wall space is architecturally designed for the sign or an accepted area for the sign. .2.J. Wall Signs. Prohibited location guide. Building name signs. tenant signs. signs advertising a product or service are not to be placed fh In front of any portion of a window tL. On or above a roof top ~ On or above a penthouse. a roof top equipment enclosure or similar structure ~ Between the ground level and the uppermost level unless the sign is located and integrated into a framed wall mass where the ratio of the framed wall space/mass is at least three and one half (3.5) times larger than the sign area to be located in the framed wall space. The framed wall space must be continuous. that is uninterrupted or unbroken by another wall or similar feature and void of any windows. doors or similar features. 94.20 D Monument Signs as defined in Subdivision 2(K) except in the 1- 394 Mixed Use Zoning District the monument sign must meet the following requirements: a. There is no pylon sign on the site. b. The base is at least eighty five percent (85%) or more of the greatest width of the sign. c. Materials on the sign replicate the highest quality of materials used on the building. d. The monument sign is placed in a complementary landscaped setting. 1.J. Pylon Sign. One (1) pylon sign per lot not to exceed twenty-five (25) feet in height provided the sign is located within Subdistrict C of the 1-394 Mixed Use Zoning District. 5.) Multi-tenant Building Signs. Unless the name of the building, a sign for a ground level tenant must be located at the ground level. No upper level tenant shall have a sign on an upper level unless such sign is the name of the building and meets the building name and wall sign requirements. 6.) Projecting Signs. Signs projecting from a wall canopy or awning may be allowed by the City subject to the following: 5h The sign must be located at least eight (8) feet above the walking surface or ground level unless located flat against the building and the projection is less than six (6) inches if the sign is attached to a wall. lh No part of the projection shall be closer than one (1) foot from the curb line projected vertically. c. The property owner may be required to obtain a license from the City or to execute an agreement with the City governing use, maintenance and other factors. DAwning - Canopy sign limits. No awning or canopy sign shall extend to a height greater than necessary to cover the door, window or opening it is covering on the first or ground level. No awning or canopy above the first or ground level shall include a sign. 8.) Window Signs. Window signs on a site redeveloped or a building substantially remodeled after December 31, 2009. shall be calculated as sign area. 94.20 c. Sign Setbacks. 1.) Pylon Signs and Monument Signs. No portion of a pylon sign or monument sign shall be located within an easement and shall meet the following: Yard Minimum Setback Front Yard 10 feet Side Yard 5 feet Rear Yard 5 feet 2.) Canopies, Awnings and Similar Structures. Signs on canopies, awnings or similar structures which overhang or extend into the right-of-way may be allowed through approval of the plan by the City Council. The property owner may be required to obtain a license from the City or execute an agreement with the City governing its use, maintenance and other factors. ~ Other Design Requirements in the 1-394 Mixed Use Zoning District. Signs are also required to conform to the following: 1.) Sign Quality - see 4.20 Subdivision 8(E) 2.) Illumination - see 4.20 Subdivision 8(C) 3.) Outdoor Lighting - see Section 11. 73 4.) Wall Sign Spacing - See 4.20 Subdivision 8(H)(1) 5..j Temporary Signs, Banners and 1nflatables - See 4.20 Subdivision 10 Qj Other application requirements of 4.20 not specifically listed above Subdivision 10. Temporary Signs, Banners and Inflatables The use of temporary signs such as banners, pennants, inflatables (including balloons over eighteen (18) inches in diameter) for advertising temporary sales, business openings, special events, similar activities or used for other purposes are limited to the following: A. Real estate signs are subject to the following requirements: leasing signs must be removed after initial leasing or within three hundred sixty (360) days after a certificate of occupancy is issued if involving a new building or a substantial remodeling. Leasing information integrated into an approved permanent neighborhood identification sign or monument sign and given the same architectural treatment using the same materials and design given to the neighborhood identification or monument sign are not subject to the removal provisions of this section. No real estate or for sale sign shall remain on a property longer than one (1) year unless approved by the Building Official or his or her designee. !3 4.20 B. The maximum duration shall not exceed a total of thirty (30) days in anyone (1) calendar year. Each property is limited to three (3) occurrences in one calendar year. C. An approved permit shall be obtained prior to display of a temporary sign. A temporary sign displayed without a permit shall be removed and no new temporary sign shall be allowed nor shall a permit be approved within the next twelve (12) months. Subdivision 11. Design and Construction All signs shall be in compliance with the most currently adopted versions of the Minnesota State Building Code and the National Electric Safety Code. Subdivision 12. Non-Conforming Signs A. General. A non-conforming sign shall not be rebuilt, relocated, altered or modified in size or height, unless it is made fully conforming with this article. B. Removal. Except for changing signs, if a face or message on a nonconforming sign is resurfaced or removed, the entire sign and sign structure must be removed or made to conform with this article. C. Pylon signs with a height greater than twenty-five (25) feet allowed by policy during construction of 1-394 must be removed or made to conform to the current ordinance if either one (1) or both of the following is proposed: 1) a new sign is requested on the pylon, or 2) a new sign of one hundred twenty (120) or more square feet is proposed on the property. Subdivision 13. Maintenance All signs shall be kept in good repair and free from rust, corrosion loose or flaking paint, worn or damaged materials or rotted framework or other members, broken or missing members or missing letters. The premises surrounding all ground signs shall be maintained in a safe, clean, and sanitary condition free and clear of all rubbish and weeds. Subdivision 14. Permit Penalties Any sign constructed or erected without the required permit shall be subject to removal, if necessary, or subject to a double fee if in compliance with all other applicable requirements of this Section. Subdivision 15. Administrative Citations A. Administrative citations. 1. A fine for a violation of any provision of this Section may be assessed through an administrative citation, issued by the City Manager or his/her designee and payable directly to the City. ORDINANCE NO. 430, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Amending Section 4.20 Regarding Sign Permits and Regulations in 1-394 Mixed Use Zoning District The City Council for the City of Golden Valley hereby ordains as follows: Section 1. Section 4.20 Subdivision 2(K) Monument Sign is amended to read as follows: K. Monument Sign: A freestanding sign not to exceed twelve (12) feet in height not supported by poles or posts which is architecturally designed and located directly on grade with the base being seventy percent (70%) or more of the greatest width of the sign and with the base integrated in the sign, except as allowed in the 1- 394 Mixed Use Zoning District. Section 2. Section 4.20 Subdivision 2(R) Pylon Sign is deleted in its entirety and replaced with the following: R. Pylon Sign: A free standing sign which is not a monument sign. Section 3. Section 4.20 Subdivision 2(W) Surface Area of a Sign is amended by changing the title as follows: w. Surface Area of Sign (Maximum Total Sign Area, Total Sign Area): The entire area within a single continuous perimeter enclosing the extreme limits of actual sign surface. It does not include any structural elements outside the limits of such sign and not forming an integral part of the display. Only one (1) side of a double-faced or V-type (one hundred thirty-five (135) degree maximum) structure or pylon sign shall be used in computing total surface area. Only two (2) sides of a triple- faced or quadruple-faced monument sign shall be used in computing total sign area. If individual letters are mounted directly on a wall or canopy without a frame, the sign area shall be the area in square feet of the smallest rectangle enclosing the sign. Section 4. Section 4.20 Subdivision 3(G) is deleted in its entirety. Section 5. Section 4.20 Subdivision SeE) Sign Quality is amended to read as follows: E. Sign Quality. All signs, including but not limited to wall signs, monument signs, and pylon signs, shall incorporate materials and colors which are compatible with the building on the site where the sign is to be located. Compatible shall include, but is not limited to, materials that are consistent with the principal architectural features and colors of the building(s) being identified. All signs shall be of good quality, and shall be designed to include attractive and tasteful colors and design elements. The layout of the sign shall give the sign a neat and orderly appearance. Section 6. Section 4.20 Subdivision 8(F) Sign Setbacks is amended to read as follows: F. Sign Setbacks. Signs other than residential nameplates and neighborhood identification signs must be entirely located at least ten (10) feet from all property lines and ten (10) feet from any driveway on the premises on which the sign is erected and maintained, except as allowed in the 1-394_Mixed Use Zoning District. The following additional setbacks are required: 1. Signs must be outside the corner visibility zone, as per the corner visibility requirements in Chapter 7 of the City Code. 2. Shopping center pylon signs shall have a minimum setback of thirty-five (35) feet from a street property line. Section 7. Section 4.20 Subdivision 8(G) Streets and Easements is amended to read as follows: G. Streets and Easements. No sign other than public signs shall be erected or placed upon any public street, right-of-way, public easement, public land or project over public property or public easements, except as allowed in the 1- 394 Mixed Use Zoning District. Section 8. Section 4.20 Subdivision 8(H)(2) Wall Sign Projection is amended to read as follows: 2. Sign Projection. No sign may project out more than eighteen (18) inches from the face of the building to which it is attached, except as allowed in the 1-394 Mixed-Use Zoning District. Section 9. Section 4.20 Subdivision 8(1) Window Signs is amended by adding the following condition: 3. In the 1-394 Mixed Use Zoning District, window signs on a building substantially remodeled after December 31, 2009, shall be calculated as sign area. Section 10. Section 4.20 Subdivision 9(H)(3)(a) is deleted in its entirety. Section 11. Section 4.20 is amended by adding the following in Subdivision 9: J. 1-394 Mixed Use Zoning District. This district has unique requirements requiring special consideration. 1. Purpose. The City of Golden Valley has completed a study of the 1-394 corridor, established a separate zoning district for this corridor and hereby establishes sign regulations for this special district. The sign purposes for this district include the sign purposes as contained in Subdivision 1 of this Section. These sign purposes are designed to improve, or at least not detract from, visual coherence and attractiveness of the 1-394 corridor, to complement colors and materials of the subject building while being visually appealing, pedestrian oriented and compatible with buildings, streetscape, public views, and spaces. 2. Signage Plan Required. a. A signage plan which shows buildings, access, parking, setbacks, open space, property lines, and the location, size, materials, height, illumination, if any, of existing and proposed signs and buildings and other relevant site features must be submitted to the city at the time of site plan review or consideration for a conditional use permit. If a site plan review or conditional use permit is not required and a sign application is submitted, a signage plan must also be submitted unless a signage plan approved by the City is on file. b. To be approved, the Signage Plan must be found to meet the Purpose clause, and all other requirements of the sign ordinance applicable to the 1-394 Mixed Use Zoning District. c. To be approved, the area of all signs must be calculated as sign area unless excepted by 4.20 Subdivision 5. d. Upon approval of the signage plan by the City, it shall govern the location, type and size of signs until the site plan is amended with a new and approved signage plan which is in conformance with the sign ordinance in effect at the time of submission of the amended plan. 3. The following signs are permitted within the 1-394 Mixed Use Zoning District: a. Temporary signs. 1.) Real estate signs. The following limits apply: ~ngle-use 132 s:. ft. I ~xed-use . 64 s _' ft. J 2.) Construction signs. The following limits apply: I Single-use Mixed-use 1120 s:. ft. 120 s . ft 3.) Garage Sale signs for single-use Multiple Dwellings. 4.) Other temporary signs, banners and inflatables as regulated in Subdivision 10. b. Permanent signs. The maximum total sign area includes window signs and is based on use and other factors. Three (3) use categories are established: Single Use Residential, Single Use Non-Residential, and Mixed Uses. The following limits apply. Maximum Total Sign Area 1 s . ft. er dwellin 50 s . ft. Maximum Total Si n Area Single Use Non- 1-394 Mixed Use Zonin District Subdistrict Subdistrict Subdistrict Residentia I A B C (Includes single use commercial, office, hotel, institutional, and Industrial/light industrial Low Rise - Mid Rise - High Rise - uses) up to 3 up to 6 up to 10 Parcel Size or Floor Area stories stories stories o to 1 acre or floor area of 0 to 15 000 ross s . ft. 100 s . ft 120 s . ft 150 s . ft. > 1 to 3 acres or floor area of >15 to45 000 ross s . ft. 120 s . ft. 150 s . ft. 200 s . ft. >3 to 5 acres or floor area of >45 to 75,000 gross sq. ft. 200 s . ft. 250 s . ft 300 s . ft. >5 acres or floor area of > 75,000 ross s . ft. 300 s . ft. 350 s .ft 400 s . ft Maximum Total Si n Area Mixed Uses 1-394 Mixed Use Zonin District Subdistrict Subdistrict Subdistrict A B C Low Rise - up Mid Rise - up High Rise - up Parcel Size or Floor Area to 3 stories to 6 stories to 10 stories o to 1 acre or floor area of 0 to 15,000 ross s . ft. 150 s . ft 180 s .ft 200 s . ft. > 1 to 3 acres or floor area of >15 to 45 000 ross s . ft. 200 s . ft. 250 s . ft. 300 s . ft. >3 to 5 acres or floor area of >45 to 75 000 ross s . ft. 250 s . ft. 300 s .ft 400 s . ft. >5 acres or floor area of > 7 5 000 ross s . ft. 350 s . ft. 400 s . ft 500 s .ft 1.) Building Name Signs. If a building is to be named with a sign, the building may only have one (1) name. If placed on a building wall, the wall sign must be placed at one (1) of the following locations. a. On the ground level. b. A wall space contiguous to the ground level and architecturally designed for the sign or an acceptable area for the sign. c. A suitable wall space at the upper level of the building. d. An intermediate level between the ground level and the top level provided the wall space is architecturally designed for the sign or an accepted area for the sign. 2.) Wall Signs. Prohibited location guide. Building name signs, tenant signs, signs advertising a product or service are not to be placed a. In front of any portion of a window b. On or above a roof top c. On or above a penthouse, a roof top equipment enclosure or similar structure d. Between the ground level and the uppermost level unless the sign is located and integrated into a framed wall mass where the ratio of the framed wall space/mass is at least three and one half (3.5) times larger than the sign area to be located in the framed wall space. The framed wall space must be continuous, that is uninterrupted or unbroken by another wall or similar feature and void of any windows, doors or similar features. 3.) Monument Signs as defined in Subdivision 2(K) except in the I- 394 Mixed Use Zoning District the monument sign must meet the following requirements: a. There is no pylon sign on the site. b. The base is at least eighty five percent (85%) or more of the greatest width of the sign. c. Materials on the sign replicate the highest quality of materials used on the building. d. The monument sign is placed in a complementary landscaped setting. 4.) Pylon Sign. One (1) pylon sign per lot not to exceed twenty-five (25) feet in height provided the sign is located within Subdistrict C of the I- 394 Mixed Use Zoning District. 5.) Multi-tenant Building Signs. Unless the name of the building, a sign for a ground level tenant must be located at the ground level. No upper level tenant shall have a sign on an upper level unless such sign is the name of the building and meets the building name and wall sign requirements. 6.) Projecting Signs. Signs projecting from a wall canopy or awning may be allowed by the City subject to the following: a. The sign must be located at least eight (8) feet above the walking surface or ground level unless located flat against the building and the projection is less than six (6) inches if the sign is attached to a wall. b. No part of the projection shall be closer than one (1) foot from the curb line projected vertically. c. The property owner may be required to obtain a license from the City or to execute an agreement with the City governing use, maintenance and other factors. 7.)Awning - Canopy sign limits. No awning or canopy sign shall_extend to a height greater than necessary to cover the door, window or opening it is covering on the first or ground level. No awning or canopy above the first or ground level shall include a sign. 8.) Window Signs. Window signs on a site redeveloped or a building substantially remodeled after December 31, 2009, shall be calculated as sign area. c. Sign Setbacks. 1.) Pylon Signs and Monument Signs. No portion of a pylon sign or monument sign shall be located within an easement and shall meet the following: Yard Minimum Setback Front Yard 10 feet Side Yard 5 feet Rear Yard 5 feet 2.) Canopies, Awnings and Similar Structures. Signs on canopies, awnings or similar structures which overhang or extend into the right-of-way may be allowed through approval of the plan by the City Council. The property owner may be required to obtain a license from the City or execute an agreement with the City governing its use, maintenance and other factors. d. Other Design Requirements in the 1-394 Mixed Use Zoning District. Signs are also required to conform to the following: 1.) Sign Quality - see 4.20 Subdivision 8(E) 2.) Illumination - see 4.20 Subdivision 8(C) 3.) Outdoor Lighting - see Section 11.73 4.) Wall Sign Spacing - See 4.20 Subdivision 8(H)(1) 5.) Temporary Signs, Banners and Inflatables - See 4.20 Subdivision 10 6.) Other application requirements of 4.20 not specifically listed above Section 12. Section 4.20 Subdivision 12 Non-Conforming Signs is amended by adding the following: Subdivision 12. Non-Conforming Signs C. Pylon signs with a height greater than twenty-five (25) feet allowed by policy during construction of 1-394 must be removed or made to conform to the current ordinance if either one (1) or both of the following is proposed: 1) a new sign is requested on the pylon, or 2) a new sign of one hundred twenty (120) or more square feet is proposed on the property. Section 13. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 4.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 14. This Ordinance shall take effect after its publication as required by law. Adopted by the City Council this _ day of , 2010. Is/Linda R. Loomis Linda R. Loomis, Mayor ATTEST: Is/Susan M. Virnig Susan M. Virnig, City Clerk alley Planning 763-593-8095 I 763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting February 16, 2010 "60 Days" Deadline: February 19, 2010 Agenda Item 4. A. Public Hearing - Ordinance No. 431 - Approval of Conditional Use Permit 10-126 - 7575 Golden Valley Road - Starboard Media Foundation, Applicant Prepared By Mark Grimes, Director of Planning and Development Summary At the January 25, 2010 Planning Commission meeting, the Commission held an informal public hearing on a Conditional Use Permit (CUP) application to allow two satellite dishes to be placed on the roof of the office building at 7575 Golden Valley Road. After the hearing, the Commission unanimously recommended approval of the CUP application with six conditions listed below: 1. The satellite dishes may not be artificially illuminated, unless required by law or the Federal Aviation Administration. 2. The placement, design, use, and operation of the satellite dishes must comply with the Telecommunications Act of 1996 and the rules of the Federal Communications Commission. 3. Each satellite dish must not exceed nine meters in diameter. 4. The satellite dishes must be approved by a licensed professional structural engineer. The dishes must conform to the City's Building Code. 5. The satellite dishes must be removed from the rooftop when they are no longer needed by this applicant. 6. All other applicable local, state and federal requirements shall be met at all times A CUP is required due to the size of the satellite dishes proposed by Starboard Media Foundation, operator of Relevant Radio. Within the Business and Professional Offices Zoning District, satellite dishes that are over two meters and less than nine meters in diameter require a CUP. In order for Relevant Radio to operate at this location, they must have two satellite dishes larger than two meters in diameter. I am attaching copies of the information that was sent to the Planning Commission and the minutes of the Planning Commission meeting. As indicated in the minutes, no one from the public spoke at the informal public hearing. After the hearing closed, the Commission discussed the application and decided to include an additional condition that states that when the satellite dishes are no longer needed, they would be removed by the applicant. The applicant told the Commission that the dishes are to be leased from an electronics company who will place the dishes on the roof and remove them when the lease has expired. The applicant also said that the rental lease for the office space at 7575 Golden Valley Road requires that the dishes be removed when the radio station leaves the building. Attachments Location Map ( 1 page) Planning Commission Minutes dated January 25, 2010 (2 pages) Memo to Planning Commission dated January 20,2010 (2 pages) Email from Deputy Fire Marshal Ed Anderson, dated December 28,2009 (1 page) Applicant's Narrative - General (1 page) Applicant's Narrative - Technical (5 pages) Ordinance No. 431, Approval of Conditional Use Permit 10-126, 7575 Golden Valley Road, Starboard Media Foundation, Applicant (1 page) Aerial Photos of Property (2 pages, loose in agenda packet) Recommended Action Motion to adopt Ordinance No. 431, Approval of Conditional Use Permit 10-126, 7575 Golden Valley Road, Starboard Media Foundation, Applicant. ~ ,1001 IG"!H A Vii N .t;~..B..........:.00900.'.1..J f.f;1t~. . "","'-:'" - F4IUe~!J~'(jr ~OOS 1.11004 1005 f~!tIBAlILf-.$! ~ ~ ..:.::.:J llS5 28 831 28 7520 '00000000 o o 8 c;::.oOCOOXJOo 0 o 7llOO ;:0 ~ o m lil ~ % tJ > <: rn lI!: mm 7500 r'-".--,..,,,- ! · 1831"-:-..... 411 413 r- ZiI 1732 409 I:JI 77247710' 76CIll I I I 401 7644 @ ZiI ::e !1: oli ~ 00( ?; ~ Z ~ / ,/ subject Property: 7575 Golden Valley Rd. COUNTRY CLUB DR 7505 I.....' !1421 7~.75 531 541 521 ~ 511 501 HIGHWA y S5 HIGHWAY S5 7045 7031 73Z:~, j~236 \ 1218 7200 17182 '7156 I 7146 Regular Meeting of the Golden Valley Planning Commission January 25, 2010 A regular meeting of the Planning Commission was held at the Golden Valley City Hall, ouncil Chambers, 7800 Golden Val y Road, Golden Valley, Minnesota, on Monday, Ja 25, 2010. Chair Keysser call d the meeting to order at 7 sioners Cera, , Keysser, Kluchka, McCarty and of Plan' and Development Mark Grimes, City ssistant Lisa Wittman. Commissioner 1. Those presen e Planning Comm Schmidgall. Also pr t was Direct Planner Joe Hogeboom a Waldhauser was absent. MOV by Eck, seconded by Keysser and motion carried unanimously to approve the J ary 11, 2010 minutes with corrections. 2. Informal Public Hearing - Conditional Use Perrnit - 7575 Golden Valley Road - CU-126 Applicant: Starboard Media Foundation Inc. Address: 7575 Golden Valley Road Purpose: To allow the applicant to place two satellite dishes on the roof in the Business and Professional Offices Zoning District. Grimes explained that Relevant Radio is going to be leasing space at 7575 Golden Valley Road and in orp.er for them to do their broadcasts they need to install two satellite dishes on the roof of the building. He stated that staff is recommending approval of the proposal because it meet~ with the ten factors of analysis used when reviewing a Conditional Use Permit application. Keysser asked if the satellite dishes will be lit. Grimes said no, only towers or dishes that 75 to 100 feet in height need to be lit. Eck asked if there is a code that specifically deals with satellite dishes. Grimes explained that the Building Code addresses items attached to roofs and that the City will also require a report from a licensed structural engineer. Brian Acker, General Manager, Relevant Radio, stated that they are currently leasing space at 919 Lilac Drive. They are in the process of downsizing their operation and they want to stay in Golden Valley so they are pursuing leasing space at 7575 Golden Valley Road. He reiterated that there will be no lights on the proposed satellite dishes. Minutes of the Golden Valley Planning Commission January 25, 2010 Page 2 McCarty asked Acker if there is the potential that they would increase their staff. Acker said yes, and explained that their production department moved to Green Bay so they are able to downsize their Golden Valley location. Keysser opened the public hearing. Seeing and hearing no one wishing to comment, Keysser closed the public hearing. Kluchka suggesting adding the following two conditions of approval: 1) the satellite dishes cannot be used for signage and 2) the satellite dishes are required to be removed if this business moves from this location. Grimes stated that the City's current sign code doesn't allow signs to be located on roofs. He added that language could be added to the conditions of approval that the dishes must be removed if they are abandoned or if they are serving no business purpose. Acker stated that their lease with the property owner already states that if they move from this location the satellite dishes have to be removed. MOVED by Cera, seconded by McCarty and motion carried unanimously to recommend approval of the request to allow the applicant to place two satellite dishes on the roof at 7575 Golden Valley Road with the following conditions: 1. The satellite dishes may not be artificially illuminated, unless required by law or the Federal Aviation Administration. 2. The placement, design, use, and operation of the satellite dishes must comply with the Telecommunications Act of 1996 and the rules of the Federal Communications Commission. 3. Each satellite dish must not exceed nine meters in diameter. 4. The satellite dishes must be approved by a licensed professional structural engineer. The dishes must conform to the City's Building Code. 5. The satellite dishes must be removed from the rooftop when they are no longer needed by this applicant. 6. All other applicable local, state and federal requirements shall be met at all times. Informal Public Hearing - Conditional Use Permit Amendment #1 - 9400 Golden Valley Road - CU-1 Grimes state the City issued a nditional Us ermit to the applicant in 2008 to allow e operation of an employe only daycare center for 10 children. The daycare er has been successful and now e applicant is asking to increase the amount of Planning 763-593-8095 I 763-593-8109 (fax) Date: January 20, 2010 To: Planning Commission From: Joe Hogeboom, City Planner Subject: Informal Public Hearing on Conditional Use Permit (CUP-126) to Allow for Two Roof-mounted Satellite Dishes at 7575 Golden Valley Road - Bob Benes (Starboard Media Foundation, Inc.), Applicant Background and Proposed Use Relevant Radio, a radio broadcasting network, is proposing to lease space in the building located at 7575 Golden Valley Road. Approximately ten associates will occupy the leased space. The leased space will contain mostly office uses. However, one room in the space will be configured as a broadcast studio which will host the operation of WLOL-AM 1330. The applicant is requesting to be allowed to install two roof-mounted satellite dishes on the building. Satellite dishes between two and nine meters (6.56-29.52 feet) in diameter are allowed in the Business and Professional Office Zoning District through a Conditional Use Permit. The two satellite dishes that are being proposed are each 3.1 meters in diameter. Analysis of Ten Factors 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 market for the proposed good or service necessitating a CUP. Relevant Radio has established its niche in the radio broadcasting market. 2. Consistency with the Comprehensive Plan: The General Land Use Plan Map guides the 7575 Golden Valley Road as long-term office use. A radio station, with subsequent satellite dishes, is consistent with this land use designation. 3. Effect on Property Values in the Area: Staff does not believe the approval of this permit will negatively affect property values in the area. As required by City Code, the applicant must place the proposed satellite dishes on the roof or within property setback areas. This is to ensure that the satellite dishes are as visually unobtrusive as possible. Adhering to these measures will ensure no negative impacts occur to neighboring property values. 4. Effect of Use on Traffic in the Area: The proposed satellite dishes will have no impact on traffic. 5. Effect of Increases in Density or Population on the Area: The proposed satellite dishes will have no effect on population. 6. Increase in Noise Created by Use: The proposed satellite dishes will not create noise. 7. Any Dust, Odor or Vibration caused by Use: The proposed satellite dishes will not create dust, odor, or excessive vibrations. 8. Any Increase in Animal Pests Caused by the Use: The proposed satellite dishes will not attract animal pests of any kind. 9. Visual Appearance of the Use: The visual appearance of the proposed satellite dishes must adhere to Section 11.71, Subdivision 6(0)(3) of City Code. The visual appearance of the satellite dishes will have minimal impacts to surrounding properties. 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 Starboard Media Foundation, Inc. to install two roof-mounted satellite dishes. The approval of a Conditional Use Permit is subject to the following conditions: 1. The satellite dishes may not be artificially illuminated, unless required by law or the Federal Aviation Administration. 2. The placement, design, use, and operation of the satellite dishes must comply with the Telecommunications Act of 1996 and the rules of the Federal Communications Commission. 3. Each satellite dish must not exceed nine meters in diameter. 4. The satellite dishes must be approved by a licensed professional structural engineer. The dishes must conform to the City's Building Code. 5. All other applicable local, state and federal requirements shall be met at all times. Attachments: Location Map (1 page) Email from Deputy Fire Chief Ed Anderson, dated December 28,2009 (1 page) Applicant's Narrative General (1 page) Applicant's Narrative Technical (5 pages) Aerial Photos of the Property (2 pages) Wittman. Lisa From: Sent: To: Cc: Subject: Anderson, Ed Monday, December 28,20098:16 AM Grimes, Mark Wittman, Lisa CU-126-7575 Golden Valley Road Mark, Reviewing the application for the CU-126 located at 7575 GVR. The Golden Valley Fire Department has no comments for the installation of two roof mounted satellite dishes for the proposed AM radio station broadcasting. The office space in conjunction with AM radio station proposed for the site will need to meet the fire and building codes Ed Anderson I Deputy Fire Marshal I Golden Valley Fire Department 7800 Golden Valley Road I Golden Valley, MN 55427 1 763-593-80651 763-593-8098 (Fax) eanderson@ci.golden-vallev.mn.us Bev , fHICi COtvlfV1UHICi\T!Ob.J f-AAY GO\rr!\.!l\! CONF:IC}[':':':i'-,j"l'"j/\L j'J.,f"-..lDiOf<_ C),THr':'F~vV!sr:: F)F?OF~F,(jF:"l'/;J'xY l\!1/\Tr:.:F?!/\L. ,Jnd is U"}U1S- for ll;Y.; unauthofl/.':(,'d rfjvie\v, Cn::-";i:.10SUre or dislribuh:n ~s prohibited. H yeu racc;. v'Gd thL:; in ih:;tHy the, S(HKicr and dek"./f; ;::H;::'lchrnenl}:; frcrn aH cornputer:~ Uie intonded n::~crn~_>nt ~>n-'jcH anu HS 1 Narrative Detail Description General The use of the leased space in the building is primarily for the use of offices. Approximately, 10 associates will occupy the space and largely provide management and sales services for the organization. The office hours of operation will primarily be 8:30- 5:00pm, Monday - Friday. One room in the space will be configured as a broadcast studio in which tbe station manager will operateWLOL-AM 1330. The satellite dishes to be installed are for the purpose of broadcasting the signal and provide a backup for Relevant Radio network operations. Refer to the Technical portion oftbe Narrative for details regarding tbe placement and specifications of the satellite/antenna system. Narrative Detail Description Ted1n\Lt1-\ Relevant Radioe is a non-profit radio network that owns, operates. and programs 10 radio stations. The programming that appears on the Relevant Radio owned stations is also carried on 19 other affiliates around the United States. The placement of satellite dish{s), not to exceed 2, would help with local programming on both the local Minneapolis/St. Paul market radio station WLOL-AM 1330, as well as allow for a network facility within the same complex. The satellite dishes) are 3.1 meters in diameter and will be on a non-penetrating roof mount that will be held down by weights to keep the mount(s) and dishes) from any movement. The dishes) will have antenna controllers connected to them which will allow the satellite dishes to look at nearly the entire skyline of satellites with available programming. The antenna controllers allow us to keep the number of dishes to an absolute minimum. The specs for the Patriot 3.1 Meter Antenna (Satellite Dish) and the non-penetrating roof mount are listed below. Patriot 3.1 Meter Antenna Svstem Antenna Systems 704 North Clark S1. . Albion, MI 49224 USA 517.629.5990 . 800.470.3510 toO free 517.629.6690 fax " info@sepatriot.com www.sepatriot.com @ Copyright 2004 All product specifications subject to change without notice. Rev. 01.05.2007 Receive Frequency Range 3.625 . 4.2 GHz (other bends availabla) Midband GaIn 39.9 dB! NCllse Temperatura 58 K Iyp @ 10" Ports / Polarization Polarization RoIaIlon 360. Continuous PoIllrIzatlon IllIlIallon 30 dB LP VSWR Rx 1.4:1 Feed Flanges Rx CPR 228G FIO RlIllo 0.336 FocsI DIsIance 41.0- Azimuth Travel 120" Arc (PoIarJNa 360" Continuous (Az-EI) Elevation TrevelJSi\e Latitude o 0" \0 90"(Az/EI) 10.1070" (N8\Ilgator) Polarization Travel :I: 90" Antenna System WeIght 379 Lbs. (PoIar/Az-500 Lbs. (Navigatoij Wind LoedIng Operellonal60 mph, SuMvall20 mph Temperature Operatlonal-40" to 140. F ( -40. \0 SO"C) Survival-60" 10 180. ( -51" to 8rC) Rain Opera\lonal1.5ln1hr (1.3 anIh) SlIJ'\'Ivat 31n1 her (7.6 em/h) Ice Sul1lival 2.5 em (1 Inch) redial or 1.3 (.5 Inch) relial + 100 kph 160 mph) BAIRD~ S!\['LLLITE SU:~POHrl>;Cj sYs'rE~',,;S DESCRIPTION 1. Constructed of high test steel tube. 2. All joints welded. 3. Hot dip galvanized. 4. Requires no drilling to install. 5. Ballast obtained locally. ~ G> m ... 0') BAIRD Non-Penetrating Supporting System Versatile Satellite Antenna Base EngIneered for durability, simplicity, and flexibility 1. Sets up fast. 2. Rock solid. 3. Hot dip galvanized for superior and long term durability. 3. Typical usage antenna size 10' (3.0M) to 12' (3.7M) for transmit and receive. 4. Drop shipped direct to installers. .' UNIVERSAL MOUNT MODEL: PXL-2 BAIRD ~ ::.UJi-F f: 6'-4- 1 4'-0" -I I ,.... 1,'-3/8- . I 1r-B.;'I/B- 120'-04 .3/B- , . ~.r , , . . . , ,3f- 1 6'-3. '/2- j PRODUCT SPECIFICATIONS MODEL: PXL-2 Non-Penetratina or Penetrating flat roof antenna supporting system, TYPICAL USAGE 1. Handles up to a 12.0' (3.7M) antenna. 2. Ku & C band - transmit and receive. 3. Pad areas - 25,00 and 33,33 sq,ft, 4. Footprints a. 4' x 6' = 17.7' X 17.7' = 313.29 sq,ft. b. 5'4" x 6' = 20.3' x 20.3' = 412.1 sq.ft. Finish - Hot dip galvanized Mast Diameter - as required Mast Height - as required The mount if needed can be equipped with a leveling device. Ballast required will be recommended based on antenna diameter, type and survival requirements. It is the customer's responsibility to see that all applicable codes are satisfied, It is suggested that a structural engineer review the application of this product. An engineering report is available to assist with determining the proper amount of ballast. A pad can be supplied to Isolate the mount from the roof surface. Under extreme wind conditions the mount should be lethered with cable. 3.1 /3.8/ 4.5m Prime Focus Antenna System Features · Multi-Feed Systems Available (up to 4) · Available in Dual Axis Motorized, King Post, and Az-EI Fixed Pipe Head mounts · 125 Mph Wind Survival · King Post Pedestal Mount for Superior Steering and Stability · High Accuracy Antenna, Low Transportation Cost Description The Patriot prime focus antenna is manufactured in the United States and is the symbol of quality in the antenna industry. It features a variety of mounting options and a dual sided galvanized reflector which is powder coated for superior protection against the elements. Stainless steel hardware is also available. The contoured petals with matched radial beams and hub assembly ensure easy installa- tion without field alignment. This antenna is competitively priced for the broadcast and cable industry as well as the educational market. Complete turnkey systems are available. 3.1 /3.8/ 4.5m Prime Focus Antenna System 3.1m Prime Focus Antenna Receive i=requency Range (other bands avaUable) Midband Gain Noise Temperature Ports I Polarization Polarization Rotelion Polarization Isolation VSWR Feed Flanges 3.625 - 4.2 GHz 10.95-12.75 GHz 39.9 dBI 58Klyp@10' 48.7 dBl 55 K @ 10' 360' Continuous 30 dB LP Rx 1.4:1 Rx CPR 229G 30 dB LP Rx 1.4:1 Rx WR75 F/D Ratio Focal Distance Azimuth Travel 0.336 Elevation TravellSite Latitude Polarization Travel Antenna System Weight Boxed Dimensions Units per 40ft. Container 41.0' 120' Arc (PolarlNa 360' Continuous (Az-E1) 0' to 90'(Az/E1) 10'-60' (Polar) 10' to 70' 0' to 9O'(AzlEI) (Navigator) 10' to 70' (Navigator) t 90' 379 Lbs. (PoIar/Az.500 Lbs. (Navigator) 68x48x18" (Polar/,668x48x3O' (Navigator) 96 units (PoIar/Az-172 units (Navigator) Wind Loading EtlVlrrnlnP'lt81 SfJ8rAlc Jtlon~' Temperature Operational 60 mph. Survival 120 mph 100 kph 193 kph ( -40' to 60'C) ( -51' to 82'C) (1.3 crrVh) (7.6 cmlh) Rain Operational -40' to 140' F Survival -60' to 180' Ice Operational 1.5 in!hr Survival 3 inl her Survival 2.5 cm (1 inch) radial or 1.3 (.5Inchl radial + 100 kph (60 mph) ~ I~ Antenna S",ems 704 North Clark St. . Albion, MI 49224 USA 517.629.5990 · 800.470.3510 toll free 517.629.6690 fax. info@sepatriot.com www.sepatriot.com Rev. 01.05.2007 C Copyright 2004 All product specifications subject to change without notice. 3.8m Prime Focus Antenna Receive Frequency Range (other bands available) Midband Gain Noise Temperature Ports I Polarization Motorized feed system also avalable Polarization Rotelion Polarization Isolation VSWR Feed Flanges 3.625.4.2 GHz 10.95 -12.75 GHz 41.5 dBi 50.3 dBi 50 K @ 10' 55 K @ 10' 1 or 2 port circular I 1 or 2 port finear 1 or 2 port linear 360' ConUnuous 30 dB LP Rx 1.4:1 Rx CPR 229G 30 dB LP Rx 1.4:1 Rx WR75 FID RatIo Focal Distance Azimuth Travel 0.413 61.8 In. 360'Continuous 0.413 61.8 In. 132' Arc 0.413 61.8 In. 132' Arc, 120' Mot. Elevation Travel Polarization Travel Total Weight Crate Dimensions 100 to 90" :1:90' 705 Lbs. 87x36x3O in. 10' to 90' tOO' 612/725 Lbs. 87x36x30 In. 48x48x94 in. 21 units UnOs per 40 ft. Container 39 units 10' to 90' :1:90' 610 1210 Lbs. 87x36x30 in. 68x48x12In. 36 units Wind Loading 60 mph Operational 120 mph Survival 100 kph, 193 kph Er ronll1Ln'~ll S!.ICC'It!(;;J'ICllS Temperature ( -40' to 60'C) ( -51' to 82'C) Operational -40' to 140. F Survival -eo' to 180'F Rain Ice Operational 1.5 inlhr (1.3 cm/h) Survival 3 in! hr (7.6 cmlh) 2.5 cm (1 inch) radial or 1.3 (.5 inch) radial + 100 kph (60 mph) Survival Shock & Vibration As occurred during one shipment of air, truck, or rail 4.5m Prime Focus Antenna Receive Frequency Range (other bands available) Midband Gain Noise Temperature Ports / Polarization Motorized feed system also available Polarization Rotation . Polarization Isolation VSWR Feed Flanges 3.625 - 4.2 GHz 10.95-12.75 GHz 42.7 dBi 50 K @ 10. 1 or 2 port circular 1 or 2 port linear 360. Continuous 30 dB LP Rx 1.4:1 Rx CPR 2200 51.9 dBi 55 K @ 10' 1 or 2 port linear 30 dB LP Rx 1.4:1 Rx WR75 F ID Ratio Focal Distance Azimuth Travel 0.35 62.0 in 360' Continuous 0.35 62.0 In 132' Arc Ele\(ation Travel Polarization Travel Total Weight Crate Dimensions Units Per 40ft Conlainer 150 to 900 :I: 90' 964 Lbs. 112 x 46 x 42 In. 20 un~s 150 to 900 :1:90' 875/725 Lbs. 112x 46 x 42/48 x 48 x 94 in. 14 uno Wind Loading Temperature Operational 60 mph Survival 120 mph -40' to 140' F Operational _60. to 180'F Survival Rain Operational 1.5 in/hr Survival 3 inl hr Ice 100 !\ph 193 !\ph ( -40' 10 60'C) ( -51' to 82'C) (3.8 cmlh) (7.6 cmlh) Survival 2.5 em (1 inch) radial or'+ 100 kph (60 mph) Shock & Vibration As occurred during one shipment of air, truck. or rail ORDINANCE NO. 431, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Approval of Conditional Use Permit Number 10-126 7575 Golden Valley Road Starboard Media Foundation Inc., Applicant The City Council for the City of Golden Valley hereby ordains as follows: Section 1. City Code Chapter 11 entitled "Land Use Regulations (Zoning)" is amended in Section 11.10, Subd. 2, and Section 11.30, by approving a Conditional Use Permit for a certain tract of land at 7575 Golden Valley Road, thereby allowing for two roof mounted satellite dishes to be placed on the existing building located in the Business and Professional Offices 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. The satellite dishes may not be artificially illuminated, unless required by law or the Federal Aviation Administration. 2. The placement, design, use, and operation of the satellite dishes must comply with the Telecommunications Act of 1996 and the rules of the Federal Communications Commission. 3. Each satellite dish must not exceed nine meters in diameter. 4. The satellite dishes must be approved by a licensed professional structural engineer. The dishes must conform to the City's Building Code. 5. The satellite dishes must be removed from the rooftop when they are no longer needed by this applicant. 6. All other applicable local, state and federal requirements shall be met at all times Section 2. The tract of land affected by this ordinance is legally described as follows: Auditor's Subdivision No. 360 Lots 46,47,48 and 50 also that part of Lot 45 lying easterly of a line running from a point in south line thereof a distance of 216.22 feet east from the southwest corner thereof to a point in northwesterly line thereof a distance of 211.59 feet northeasterly from the northwest corner thereof Section 3. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Sec. 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 4. This ordinance shall take effect from and after its passage and publication as required by law. Adopted by the City Council this 16th day of February, 2010. Is/Linda R. Loomis Linda R. Loomis, Mayor ATTEST: Is/Susan M. Virnig Susan M. Virnig, City Clerk ~ ". ,-, rJ' il (, t: .\ f'J, l" '. ~ l' '~ '~ Ut .' IJ; ,;0., !~ ~ u \ '! ,.. \~\ \,~ .I,\- , ~-'.. / , ;' / alley m n Planning 763-593-8095/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting February 16, 2010 "60 Days" Deadline: February 19, 2010 Agenda Item 4. B. Public Hearing - Ordinance No. 432 - Approval of Amended Conditional Use Permit 10-121, Amendment 1 - 9400 Golden Valley Road - RHT Office, LLC, Applicant Prepared By Mark Grimes, Director of Planning and Development Summary At the January 25,2010 Planning Commission meeting, the Commission held an informal public hearing on an amended Conditional Use Permit (CUP) application that would allow the existing employee daycare operation at 9400 Golden Valley Road to be increased from 10 to 28 children. No one from the public spoke at the hearing. After the hearing, the Commission unanimously recommended approval of the amended CUP that would allow the number of children served to be increased from 10 to 28 children. The Planning Commission did change the staff recommendation by allowing up to 28 children. The applicant has asked for up to 20 children but the physical space could accommodate 28 according to state rules. The Commission believed that allowing up to 28 would give the applicant some enrollment flexibility. The floor space dedicated to the daycare would remain the same size as approved by the original CUP in 2008. I am attaching copies of the information that was sent to the Planning Commission and the minutes of the Planning Commission meeting. Attachments Location Map (1 page) Planning Commission Minutes dated January 25,2010 (2 pages) Memo to Planning Commission dated January 20,2010 (2 pages) Memo from Deputy Fire Marshal Ed Anderson dated January 4,2010 (1 page) Applicant's Narrative (1 page) Conditional Use Permit No. 121 (1 page) Memo to Planning Commission dated January 8,2008 (3 pages) Planning Commission Minutes dated January 14, 2008 (3 pages) Ordinance No. 432, Approval of Amended Conditional Use Permit 10-121, Amendment 1, 9400 Golden Valley Road, RHT Office, LLC, Applicant (1 page) Recommended Action Motion to adopt Ordinance No. 432, Approval of Amended Conditional Use Permit 10-121, Amendment 1, 9400 Golden Valley Road, RHT Office, LLC, Applicant. 1i\ ,lI'1 >- ~' :t lill ~' o ;.. Z Q1 it; ~ :::: Ul3l ID, 1Il~ i ~~ ...;... ... $ $~ Z Subject Property: 9400 Golden Valley Rd (1) ~ '$-tz, ~ "'", o ~ +~ "<r. :1l~ \Ll:~ '::. 'o;;'>if;.,;;j .,>;', ','1 ^~~:lM-S. ' C(J;:~t"~'9~l::':: i :./;}3\$ ;36 2!))$ jl f 28 800 8SlI 710 0 0 0 0 0 0 0 0 642 0 0 ,3: !m 'Z ~g I~ Ii f> ~ Z 620 V o o o 000000000000000 o o 9326 9310 9300 !lUO o o o /.p; GOt.tlt:N VAt.t.!!" RD ;& ~".t' 28..("9325 l) ($' tt) ""-.'" I !l300 "'<9 932.9 It~ .[ts $I", !l22O 28 \'ItGtI'J'l;''l $S r (lmllllllfOllllllmlml (lU'min~f,llJ'[fnnh,i} ,(" ,(/ .," " /1 l ..;:.~ /' ,~ / '<;~ /" ....oh'. + . 7.,..,~.'1l>"~.,t."i1tf'..."../'... Gene'.'M.., '.'.',.',',"",....',.'".....'..",.,.'..1".".'., ','J",...., p'~(Ve .' 28~ lliz ~. 005 o o &35 o o o oooo/] & 0 0 7(11'000 0 0 ~ ll900 9050 9OIlO ....VI"'l sS \\t"". l'ItG\~'lIIp.'l 5S U3 9031 '" ~ Z l:> ~ :z 424 421 347 345 HA R.OLD A VI: affiI,Effi, 4f~M.. Minutes of the Golden Valley Planning Commission January 25, 2010 Page 2 McCarty asked Acker if there is the pote ial that they would increase their staff. Acker 'd yes, and explained that their produ ion department moved to Green B so they are downsize their Golden Valley loc tion. Keysser open he public hearing. See Keysser closed th o conditio of approval: 1) the satellite dishes ellite di s are required to be removed if this business moves from this locatio Grim s sta 6 that the City's current sign code doesn't allow signs to be located on roofs. d e hat language could be added to the conditions of approval that the dishes be removed if they are abandoned or if they are serving no business purpose. Ac d that their lease with the property owner already states that if they move fro this ocat the satellite dishes have to be removed. 1. The satellite di es may not be artificia y illuminated, unles Federal Avia' n Administration. 2. The place nt, design, use, and opera ion of the satellite dishes ust comply with the Telecom unications Act of 1996 and t rules of the Federal Com Com . sion. 3. Eac atellite dish must not exceed nin 4. T satellite dishes must be approved e dishes must conform to the City's B he satellite dishes must be removed fr by this applicant. All other applicable local, state and federal requirements shall be met at all times. rried unanimously to recommend satellite dishes on the roof at MOVED by Cera, seconded McCarty approval of the r.equest to ow the appli 7575 Golden Valley Ro with the followi meters in diameter. a licensed professional structural e ilding Code. the rooftop when they are no longer needed 3. Informal Public H~aring - Conditional Use Permit Amendment #1 - 9400 Golden Valley Road - CU-121 Applicant: RHT Office, LLC Address: 9400 Golden Valley Road Purpose: To allow the existing employee only daycare to accommodate up to 20 children rather than the approved 10 children in the Business and Professional Offices Zoning District. Grimes stated that the City issued a Conditional Use Permit to the applicant in 2008 to allow for the operation of an employee only daycare center for 10 children. The daycare center has been successful and now the applicant is asking to increase the amount of Minutes of the Golden Valley Planning Commission January 25, 2010 Page 3 children allowed to 20. He added that the Deputy Fire Marshal would like to see a report from an architect showing the daycare center meets the fire code requirements. Keysser asked if there have been any issues from the Department of Health regarding the daycare operation. Grimes said no. Rebecca Thomley, CEO, RHT Office LLC, stated that when they first started the daycare the first 6 months were slow but now it is full. She added that the daycare is for employees only and the people using the daycare are already in the building so traffic will not increase. She submitted a copy of the report done by her architect per the Deputy Fire Marshal's request. Cheryl Vennerstrom, COO, RHT Office LLC, explained how they will have to change their type of daycare license if this proposal is approved. She added that they are a social service agency so they understand the licensing process. Cera asked if the existing daycare space will be expanded. Thomley showed the Commissioners a floor plan and explained how they will be reconfiguring the existing space. Eck noted that when the original Conditional Use Permit was approved in 2008 the applicant noted that the space could accommodate 28 children. He asked if that was still true. Vennerstrom explained that the space could accommodate 28 children, but they still need to apply for a slightly different type of license to increase the number of children. Keysser opened the public hearing. Seeing and hearing no one wishing to comment, Keysser closed the public hearing. McCarty suggested allowing whatever number of children the State allows so the applicant won't have to come for another amendment. Keysser asked the applicants if they would like to amend their proposal to allow for 28 children. Vennerstrom said yes. MOVED by Eck, seconded by Kluchka and motion carried unanimously to recommend approval to amend CUP #121 to allow the existing employee only daycare to accommodate up to 28 children. formal Public Hearing - Minor Subdivision - 100 Brunswick Avenue No SU12-12 Purpose: The would two omes. (The existing h alley Planning 763-593-8095 I 763-593-8109 (fax) Date: January 20, 2010 To: Planning Commission From: Joe Hogeboom, Planner Subject: Informal Public Hearing on an Amendment to Conditional Use Permit (CUP- 121) to Allow for up to 20 Children to Occupy the Employee Daycare Facility at 9400 Golden Valley Road - Dr. Rebecca Thomley (Chief Executive Officer, RHT Office LLC.), Applicant Background In February of 2008, a Conditional Use Permit (CUP) was issued to RHT Office LLC. The purpose of the CUP was to allow a daycare to operate in the Business and Professional Offices Zoning District. The daycare is used by children of employees who work in the building. Meridian Services, Zenith Services, and Orion ISO, all of which are related social service agencies, currently occupy the building. Currently, CUP-121 allows up to ten children to occupy the daycare at one time. Dr. Rebecca Thomley, Chief Executive Officer of RHT Office LLC, has requested an amendment to CUP-121 in order to allow up to 20 children to occupy the daycare at one time. Section 11.45, Subdivision 7(B)(9) allows child care facilities to be located in the Business and Professional Offices Zoning District as a conditional use. The Zoning Code does not specify a limit to the number children allowed in a daycare facility at anyone time. No other changes to CUP-121 are being requested. Recommended Action: Staff recommends approval of the amendment to CUP-121allowing RHT Office LLC to accommodate up to 20 children at one time in its on-site daycare facility. The approval of an amendment to CUP-121 is subject to the following conditions: 1. All existing conditions continue to be met. 2. All necessary licenses must be obtained by the Minnesota Department of Health and the Minnesota Department of Human Services. 3. A Minnesota registered architect must establish a fire code analysis to assign an 'educational occupant' designation to the area of the building used for the daycare facility. The code analysis must be reviewed by the Building Official and the Fire Marshal to ensure proper building and fire code requirements. 4. All other applicable local, state and federal requirements shall be met at all times. Attachments: Location Map ( 1 page) Memo from Deputy Fire Marshal Ed Anderson, dated January 4, 2010 (1 page) Applicant's Narrative (1 page) Conditional Use Permit No. 121 (1 page) Memo from Joe Hogeboom dated January 8,2008 (3 pages) January 14, 2008 Planning Commission Minutes (3 pages) to 14~~eY~U~y Fire Department 763-593-8065 I 763-593-8098 (fax) To: Mark Grimes, Director of Planning and Zoning From: Ed Anderson, Deputy Fire Marshal Subject: Conditional Use Permit Application Amendment for 9400 Golden Valley Rd. Date: January 4, 2010 The Golden Valley Fire Department has reviewed the application for a conditional use permit amendment for 9400 Golden Valley Rd. The amendment to the conditional use permit is to allow existing daycare located at that same site to increase from 20 children instead of 10. The Golden Valley Fire Department will need to have a Minnesota registered architect to establish code analysis to change the use of the current building from an 1-4 {Institutional 4), to an E (educational occupancy). The code analysis will need to be reviewed by the building official and the fire marshal for the proper building and fire code requirements. If you have any questions, please contact me at 763-593-8065 or eanderson@cLQolden-valley.mn.us. ea/jl I~~~*I QrgQ~ Orion Associates Central Office: 44 North 28th Avenue, Suite D, Saint Cloud, Minnesota 56303 Phone: (320) 255-5151 FAX: (320) 202-9471 Metropolitan Office: 9400 Golden Valley Road, Golden Valley, Minnesota 55427 Phone: (763)-450-5000 FAX: (763)-450- 5000 December 23, 2009 City of Golden Valley 7800 Golden Valley Road Golden Valley, Minnesota 55427 Dear City Planners: Please consider our request to amend our conditional use permit to accommodate up to 20 children in our on-site employee daycare. At this time we are at our approved capacity of 10 children. We are able to apply for a daycare center license which will allow us to have up to 20 children. The space in our building will accommodate the change in capacity. RHT LLC owns the property that houses the administrative and management employees for Orion Associates, Meridian Services, Zenith Services and Orion ISO, related social services agencies that provide a great variety of services to people with disabilities. Our agencies employ over 1500 people most of whom provide direct services to the hundreds of families and individuals that receive social services. We currently employ approximately 60 people that use the office space at 9400 Golden Valley Road. Over the past two years, our employee daycare has grown to 10 children. Several of our key staff are having children this Spring; which is why we have decided to apply for a new license that will accommodate this increased usage. As before, only employees will use the daycare. The employees work at our offices at 9400 Golden Valley Road. Please let me know if you need additional information. I can be reached at 612- 501-4499. CITY OF GOLDEN VALLEY CONDITIONAL USE PERMIT No. 121 Date of Approval: February 6. 2008 by the City Council in accordance with Sec. 11.10. Subd. 2 and Section 11.30 of City Code Issued To: RHT Office LLC Approved Location: 9400 Golden Vallev Road. Golden Valley. MN Approved Conditional Use: To allow for the operation of a daycare facility in approximately 1.000 sQuare feet of the existingbuildinQ located in the Business and Professional Offices (BPO) ZoninQ District Conditions of Approval: 1. No outdoor signage may be used to advertise or otherwise promote the daycare. 2. Children attending the daycare must have a parent who is employed in the facility. 3. The number of children attending the daycare at any time must be no greater than ten. 4. The hours of normal operation shall be Monday through Friday from 7 am to 7 pm. 5. All improvements to the building must meet the City's Building Code requirements. 6. All necessary licenses must be obtained by the Minnesota Department of Health and the Minnesota Department of Human Services. 7. All requirements must be met for the installation of fire safety equipment. 8. All other applicable local, state and federal requirements shall be met at all times. 9. Failure to .comply with any ofthe terms of this permit shall be grounds for revocation. Warning: This permit does not exempt you from all other city code provisions, regulations, and ordinances. Issued by: .~~. Mark Grimes, Director of Planning and Development t-. Hey Planning 763-593-8095/763-593-8109 (fax) Date: January 8, 2008 To: Planning Commission From: Joe Hogeboom, Planner Subject: Informal Public Hearing on Conditional Use Permit (CUP-121) to Allow for an Employee Daycare Facility at 9400 Golden VaUey Road - Peter Thomley (Representative, RHT Office LLC.), Applicant Background Mr. Peter Thomley, representative for RHT Office LLC, has requested a Conditional Use Permit (CUP) in order to allow an employee daycare at 9400 Golden Valley Road. The property is located in the Business and Professional Offices Zoning District. Section 11.45, Subdivision 7(B)(7) allows conditional uses which, in the opinion of the Council, are compatible with uses specifically described in the Business and Professional Offices Zoning District. Staff has determined that an employee daycare is compatible with other functions of the District. RHT Office LLC is the owner of the property at 9400 Golden Valley Road. Meridian Services and Orion ISO, related social service agencies, currently occupy the building. The proposed daycare facility would be used for Meridian Services and Orion ISO employees' children only. Proposed Use In addition to being located in the Business and Professional Offices Zoning District, 9400 Golden Valley Road is guided for Office Use in the Comprehensive Plan. The building was constructed in 1976 and has housed business and office-related clients since its construction. In its Conditional Use Permit application, RHT LLC explains that the proposed daycare would be used by ten children. The proposed daycare would accommodate four infants and six toddlers. Proposed hours of operation would be from 7 am to 7 pm, with an average of two daycare staff members present during that time. The proposed daycare will occupy 1004 square feet of space inside the building. In addition, 1500 square feet of outdoor space (to be fenced-in) would be dedicated to the proposed daycare. The facility will include amenities standard for a childcare operation. Employee-only daycare facilities are qualified conditional uses within the Light Industrial Zoning District, which is located directly north of the proposed site. 9400 Golden Valley Road is currently being remodeled. Upon completion of remodeling, the parking lot will be re-striped. The proposed daycare would not require the building to add additionaLspaces beyond what is necessary for current expansion plans. With limited daycare staff, there will be minimal impact on parking. 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. RHT Properties has demonstrated this by citing the number of employees with young children who work at 9400 Golden Valley Road. 2. Consistency with the Comprehensive Plan: The General Land Use Plan Map depicts the proposed site as long-term office use. An employee-only daycare facility does not conflict with that use. 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: Children of the proposeddaycare will arrive with parents who would otherwise be on the site, therefore not impacting traffic. The minimal number of daycare staff will not negatively impact area traffic. 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) effected. 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 anyway. 9. Visual Appearance of the Use: The exterior of the building will not be affected by the proposed daycare. A 1500 square foot outdoor play facility will be completely fenced in. 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 RHT Office LLC to operate an employee-only daycare in the facility located at 9400 Golden Valley Road. The approval of a Conditional Use Permit is subject to the following conditions: 1. No outdoor signage may be used to advertise or otherwise promote the daycare. 2. Children attending the daycare must have a parent who is employed in the facility. 3. The number of children attending the daycare at any time must be no greater than ten. 4. The hours of normal operation shall be Monday through Friday from 7 am to 7 pm. 5. All improvements to the building must meet the City's Building Code requirements. 6. All necessary licenses must be obtained by the Minnesota Department of Health and the Minnesota Department of Human Services. 7. All requirements must be met for the installation of fire safety equipment. 8. All other applicable local, state and federal requirements shall be met at all times. Attachments: Location Map (1 page) Memo from Deputy Fire Marshal Ed Anderson, dated January 3,2008 (1 page) Applicant's Narrative (2 pages) Applicant's List of Proposed Site Specifications (2 pages) Pictures of 9400 Golden Valley Road (4 pages) Site Plans (4 oversized pages) ,;~ Regular Meeting of the Golden Valley Planning Commission January 14, 2008 A regular meeting of the Planning Co mission was held at the Golden Valley City Hall, ~.n~c...Hi!.Chambers, 7800 Golden Vall' y Road, Golden Valley, Minnesota, on Mooday, Dec~er 17, 2007. Chair Keysser c led the meeting to order at 7 pm. Those p~~t "!'Iere Planning Comm sioners Cera, Eck, Keysser, Klu a, McCarty, Schmidgall a:':i Waldhauser. Also pr 'ent was Council Member B . ,. . haffer, Director of Planning and D , lopment Mark Gri 'es, Planning Intern Joe H eboom and Administrative Ass nt Lisa Wittma . '~ <i December 17,2007 Joi Commission Meeting 'ental/Open Space and Recreation 1. Eck referred to the last sentence on management practices" regarding b Lundstrom didn't specifically discus buffer zones around ponds a~ ;:::;e; :::~::~:::~4 M:cca \ and motion earned . imously to approve the December 17, 2007p' oi ~~~ning/En ,ronmental/Open Space Recreation Commission meetin , inutes as sub tted. , Decembe'7, 2007 Regular PI' ning Commission Meeting 1 . Waldhauser ferred to the first parag . h on page 2 and stated that the se should re as follows: He said that in asing the volume "of space between would an more than reducing the h ht... MO, 0 by Eck, seconded by Cera an otion carried unanimously to approve the D. ember 17, 2007 regular Planning C. mission meeting minutes with the above noted " rrection. 1; 2. Informal Public Hearing - RHT Office LLC - 9400 Golden Valley Road Applicant: RHT Office LLC Address: 9400 Golden Valley Road Purpose: To allow the applicant to operate an employee onlydaycare center in the Business and Professional Offices Zoning District ~ Minutes of the Golden Valley Planning Commission January 14, 2008 Page 2 Hogeboom explained that RHT Office LLC is the owner of the property at 9400 Golden Valley Road and that Meridian Services and Orion ISO currently occupy the building. He stated that the property is zoned Business and Professional Offices and the applicant is proposing to operate an employee only daycare center in approximately 1,000 square feet of the building which requires a Conditional Use Permit. He discussed the ten factors that the Planning Commission must consider when reviewing a Conditional Use Permit application. He noted that the daycare will have approximately 2 employees and staff believes that traffic in the area won't be impacted by this proposed use and there should be no effect on the surrounding properties. Therefore, staff is recommending approval of this Conditional Use Permit. Keysser asked about the building expansion currently under construction. Hogeboom said he would like the applicant to discuss the building expansion. Kluchka noted that the applicant's narrative states that they would like to provide daycare for 10 children. He asked if that number (10 children) is space specific or operation specific and if the space would actually allow for more than 10 children. Grimes stated that the space could allow for more children but that the State specifies the limits. He added that the Planning Commission could be more flexible and allow the applicant to have 10 to 15 children instead of limiting it to 10. Keysser said he thinks it makes sense to allow for 10 t015 children so the applicant wouldn't have to amend their Conditional Use Permit for an 11th child. Kluchka noted that the applicant's narrative states that the daycare will serve 10 employees, not 10 children. Steve Johnson, TDB Builders, applicant, referred to a site plan of the interior of the building and pointed out the proposed daycare space and outdoor play area. He noted that the neighboring property to the north would be screened from the outdoor play area. He clarified that the narrative submitted with the application should have stated that the daycare will serve 10 children, not 10 employees. He explained that the daycare area has the capacity for occupancy for 28 children. However, the owner of the business does not want to apply for licensing beyond 10 children. He referred to the building expansion currently underway and stated that it is a LEED certified building. Eck asked why this business would have a greater need for a daycare than another business might have. Johnson stated that this business has a predominately female work force and he thinks more businesses will be providing this type of amenity in the future. Kluchka said he thinks other businesses should be encouraged to offer this amenity and suggested putting an article about this building and the daycare use in the City newsletter. , .. Minutes of the Golden Valley Planning Commission January 14, 2008 Page 3 Grimes stated that daycare facilities are allowed with a Conditional Use Permit in the Light Industrial and Industrial zoning districts and suggested the same could be allowed in the Business and Professional Offices zoning district. Kluchka asked if the owner will be installing bicycle racks as a part of their expansion. Johnson stated yes and explained that the LEED certification process requires bicycle racks. He also stated that they will have special parking stalls for hybrid cars and they are recycling the demolition materials as well. Waldhauser asked about sidewalk connections to the site. Johnson said the architect is currently working on that part of the plans. Keysser opened the public hearing. Seeing and hearing no one wishing to comment, Keysser closed the public hearing. Kluchka suggested removing condition number three that states there can be no greater than 10 children attending the daycare since it's regulated by the State licensing process. Waldhauser agreed. Cera said he would like to keep that condition in the approval because the City would like to know if the applicant ever considers changing that number. Grimes said staff will review the existing zoning code as it relates to daycare centers in order to allow daycare centers in additional zoning districts. MOVED by McCarty, seconded by Cera and motion carried unanimously to recommend approval to allow the applicant to operate an employee only daycare room in the Business and Professional Offices Zoning District with the following conditions: 1. No outdoor signage may be used to advertise or otherwise promote the daycare. 2. Children attending the daycare must have a parent who is employed in the facility. 3. The number of children attending the daycare at any time must be no greater than ten. 4. The hours of normal operation shall be Monday through Friday from 7 am to 7 pm. 5. All improvements to the building must meet the City's Building Code requirements. 6. All necessary licenses must be obtained by the Minnesota Department of Health and the Minnesota Department of Human Services. 7. All requirements must be met for the installation of fire safety equipment. 8. All other applicable local, state and federal requirements shall be met at all times. 9. Failure to comply with any of the terms of this permit shall be grounds for revocation. ORDINANCE NO. 432, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Approval of Amended Conditional Use Permit Number 10-121, Amendment 1 9400 Golden Valley Road RHT Office LLC, Applicant The City Council for the City of Golden Valley hereby ordains as follows: Section 1. City Code Chapter 11 entitled "Land Use Regulations (Zoning)" is amended in Section 11.10, Subd. 2, and Section 11.30, by approving a Conditional Use Permit for a certain tract of land at 9400 Golden Valley Road, thereby allowing the existing employee only daycare to accommodate up to 28 children located in the Business and Professional Offices 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 Amendment is subject to all of the terms of the original permit issued including, but not limited to the following specific condition number three: The number of children attending the daycare at any time must be no greater than 28. Section 2. The tract of land affected by this ordinance is legally described as follows: That part of the Northwest Quarter of the Southwest Quarter of Section 31, Township 118, Range 21, described as follows: Beginning at the Northwest corner of said Northwest Quarter of the Southwest Quarter; thence on an assumed bearing of south 88 degrees 40 minutes 8 seconds East, along the North line of said Northwest Quarter of the Southwest Quarter, a distance of 314.30 feet to a Judicial Landmark set pursuant to Torrens Case No. 12495; thence South 0 degrees 16 minutes 22 seconds East a distance of 402.66 feet, to a Judicial Landmark set pursuant to Torrens Case No. 12495; thence continuing South 0 degrees 16 minutes 22 seconds East a distance of 35.58 feet to the center line of Old County Road No.6, as described in commissioners proceeds dated April 27,1925; thence Westerly along said center line a distance of 316.74 feet, to the West line also Northwest Quarter of the Southwest Quarter; thence on a bearing of North, along said West line a distance of 438.63 feet to the point of beginning. Subject to snow fence easement in favor of County of Hennepin as contained in Book 406 of Miscellaneous Records, page 12, Document No. 2075297. Subject to a snow fence easement and limitations on the right of access to the interchange between County Road No. 18 and Trunk, Highway No. 55 in favor of the State of Minnesota contained in CR Doc No 3765284. Section 3. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Sec. 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 4. This ordinance shall take effect from and after its passage and publication as required by law. Adopted by the City Council this 16th day of February, 2010. Is/Linda R. Loomis Linda R. Loomis, Mayor ATTEST: Is/Susan M. Virniq Susan M. Virnig, City Clerk alley r Planning 763-593-8095 I 763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting February 16, 2010 Agenda Item 4. C. Public Hearing - Preliminary Plat Approval - 100 Brunswick Avenue North Prepared By Mark Grimes, Director of Planning and Development Summary At the January 25, 2010 Planning Commission meeting, the Commission held an informal public hearing on the preliminary plan of the minor subdivision for the property at 100 Brunswick Avenue North. The minor subdivision would create two single family lots. After the hearing was completed, the Commission unanimously voted to recommend approval of the preliminary plan for the minor subdivision with four conditions listed in the Recommended Action below. I am attaching copies of the information that was sent to the Planning Commission and the minutes of the Planning Commission meeting. As indicated in the minutes, there were a number of persons that spoke at the hearing. Peter Miller, the applicant and owner of the property, indicated that he is planning to sell the two lots for the construction of two new homes. He is working with a builder. Mr. Miller stated that he foresees two homes being constructed that are 3,200 to 4,200 square feet in size with values ranging from $650,000 to $750,000. At this time, there are no pending sales. Mr. Miller was told at the Planning Commission meeting that the existing home would have to be removed from the property prior to approval of the final plat. He was also informed that if the final plat was not submitted for approval within 180 days of approval of the preliminary plan by the City Council, he would have to ask for an extension from the City Councilor begin the process anew if the 180 days lapses. Attachments Location Map (1 page) Planning Commission minutes dated January 25, 2010 (4 pages) Memo to Planning Commission dated January 20,2010 (3 pages) Memo from City Engineer Jeff Oliver, PE, dated January 21, 1010 (3 pages) Area map indicating size of nearby lots (1 page) Email from Shelley McDonald dated January 20,2010 (1 page) Survey of Lot - not to scale (1 oversized page, loose in agenda packet) Survey of Lot - to scale (1 oversized page, loose in agenda packet) Recommended Action Motion to approve the preliminary plat for a minor subdivision for the property at 100 Brunswick Avenue North subject to the following conditions: 1. The final plat of the minor subdivision shall be consistent with the preliminary plan submitted with the subdivision application. 2. The comments in the memo from City Engineer Jeff Oliver, PE, to Mark Grimes, Director of Planning and Development, dated January 21,2010, shall become a part of this approval. 3. A park dedication fee shall be paid at time of final plat approval. The amount of the fee shall be determined by the City Council. 4. The existing house must be removed prior to final plat approval by the City Council. 316 245 300 240 230 220 210 221 146 124 117 UlI 116 124 109 120 31 Subject Property: 100 Brunswick Ave. N. 25 6324 6320 15 I W24 t:J 6010 \ GLENWOOD AVE 100 6145 6101 105 120 111 105 Iii>> 6015 Q; 120 125 120 125 140 :.:' 131 ~j ...li 115 ...' :z: iil Ul 160 ~I 140 '" 145 _1 '" 145 140 ::- ""41 :> <l; ;:':' 125 <I; 0 <: 1BIl b ... 200 205 200 J!: 205 ::.: ~ 135 ;3 :::. :.: 200 220 li.l 225 225 220 145 220 240 245 240 245 -i 205 305 300 305 Ma,:;(:.:-..n~;;.:j';;, /ll'l'-';'(\12 110 Q II:: ::.: ... 130 :Ii! U !i ... 150 ::.: 115 1.35 155 .~ 'J,I'r.rYI(y"....vV^; 28 Minutes of the Golden Valley Planning Commission January 25, 2010 Page 3 children allowed to 20. He added tha the Deputy Fire Marshal would like to see a report m an architect showing the daycar center meets the fire code requirements. Keys r asked if there have been an issues from the Department of Heal the da re operation. Grimes said n Rebecca Tho daycare the first onths were slow employees only and people using will not increase. She su itted a cop Deputy Fire Marshal's requ t. LC, stated that when they' t started the ut now it is full. She add that the daycare is for he daycare are alrea in the building so traffic of the report don y her architect per the Cera asked if the existing daycare spa Commissioners a floor plan and expl . ed h space. be expanded. Thomley showed the they will be reconfiguring the existing Cheryl Vennerstrom, COO, RH ffic their type of daycare license if this 0 social service agency so they unders Eck noted that when the origin Condi onal Use Pe it was approved in 2008 the applicant noted that the spa could ac ommodate 28 ildren. He asked if that was still true. Vennerstrom exg ined that th space could acc modate 28 children, but they still need to apply f a slightly diff rent type of license t . crease the number of children. Keysser opened e public hearing. Se ng and hearing no one wisht Keysser close e public hearing. McCarty s gested allowing whatever n mber of children the State allows so e applicant on't have to come for anothe amendment. Keysser asked the applic 1s if they w Id like to amend their proposal allow for 28 children. Vennerstrom said y . ED by Eck, seconded by Kluchka a d motion carried unanimously to recommend roval to amend CUP #121 to allow t existing employee only daycare to accommodate p to 28 children. 4. Informal Public Hearing - Minor Subdivision - 100 Brunswick Avenue North - SU12-12 Applicant: Peter Miller Address: 100 Brunswick Avenue North Purpose: The subdivision would create two separate lots for the construction of two new homes. (The existing home will be removed.) Minutes of the Golden Valley Planning Commission January 25, 2010 Page 4 Grimes referred to a location map of the property and explained that the applicant would like to subdivide his existing 29,000 square foot lot into two lots approximately 15,000 square feet in size which is 45% to 50% larger than the Subdivision Code requires. He explained that the applicant would have 180 days after preliminary plat approval to remove the existing home. He reminded the Commission of a subdivision that was done in this area a few years ago and noted that there was discussion at the time about the possibility of owners within the Tralee area adding deed restrictions to eliminate or control the splitting of lots, but he is not aware of any covenants being placed on lots in this area. He added that staff is recommending approval of the subdivision request because the applicant's proposal meets all of the City's requirements. Kluchka asked if there have been any requests from the applicant for any special considerations. Grimes said no variances are being requested. He explained that as a result of the infill study many things were changed in the Single Family Zoning District and the applicant is meeting all the code requirements. Peter Miller, Applicant, stated that he has been a Golden Valley resident for 11 years and he would like to subdivide his property. He asked if he could wait until after the final plat is approved to demolish the existing house. Grimes explained that the Subdivision Code states that the final plat must be filed 180 days after preliminary plat approval and the final plat couldn't be approved if the existing house was still on the property. Miller asked if he could have an extension to the 180 day rule. Grimes explained that the decision to extend that deadline would be made by the City Council after preliminary plat approval. Keysser opened the public hearing. Peggy Newstrom, 6100 Glenwood Avenue, said she remembers the controversy of the subdivision on Cutacross Road a few years ago and she is disappointed with the height of those homes. She said she is glad the height issue has been addressed since then. She said the property in question has not been very well maintained. The porch is collapsing, only half of the house is painted and there are dead trees. She said the lot is wooded and the trees are beautiful and she would like them to stay. Jim Fredkove, 26 Paisley Lane, said he is not agreeing or disagreeing with the proposal he just wants more information. He said he moved to this neighborhood because it has large lots with trees. He said it sounds like the applicant is complying with all the City's requirements and he is also concerned about losing existing trees. He asked if the proposed new homes would be rental homes and if they were he would object to that. David Spencer, 211 Cutacross Road, asked if Brunswick Avenue has been reconstructed yet. Keysser said yes. Spencer said that street reconstruction will start soon on Cutacross Road and Paisley Lane and the construction of the proposed new houses will have to be monitored so it won't conflict with the street reconstruction. He asked if the cul-de-sac on Brunswick Avenue is large enough for this proposal and said he is also concerned about Minutes of the Golden Valley Planning Commission January 25, 2010 Page 5 the mature trees being maintained. He asked about the square footage of the proposed homes and said it would be nice to know what they are going to look like. John Segner, 125 Paisley Lane, said he echoes the same concerns as the people who spoke before him. He said the first time he heard about this subdivision was from the hearing notice he received in the mail, which he feels is a flaw in the process. He said he realizes at some point this neighborhood will change and he appreciates the changes that have been made to the Zoning Code since the last subdivision in this neighborhood. He said he is all for private property rights, but he doesn't like that something this significant can change in the neighborhood with only a week and a half notice. Miller showed the Commissioners a tentative plan of the footprints of the proposed homes and explained that there would still be a lot of land and trees around the houses. Keysser asked about the size and price of the proposed new homes. Miller said they will be custom homes, 3,200 to 4,200 square feet in size and approximately $650,000 to $750,000 in price. He said it is not his plan to have the homes become rental properties and he would also like to preserve as many trees as possible. Keysser mentioned that Miller will have to submit a tree preservation plan. Seeing and hearing no one else wishing to comment, Keysser closed the public hearing. Kluchka asked if the proposed new homes have to be owner-occupied or if they could be rental properties. Grimes stated that the homes could be rental properties if they have the proper licensing but at the price range being proposed he doubts they'll be rental properties. Kluchka asked if the City can talk to the property owners about the upcoming street reconstruction to make sure both construction teams are working together. Grimes noted that Brunswick Avenue has already been reconstructed and that there is a very detailed process in place regarding street reconstruction available through the Public Works Department. Kluchka askecl how the Fire Department feels about the size of the Brunswick Avenue cul-de-sac. Grim~s reiterated that Brunswick Avenue was recently reconstructed and won't need any revision as a result of this proposed subdivision due to the minimal number of homes accessing it. Kluchka asked how much notice is given to the surrounding property owners. Grimes stated that state statute requires cities to give 10 days' notice for public hearings and to notify property owners within 250 feet of the subject property. Golden Valley notifies property owners within 500 feet and there are two public hearings when considering a subdivision. He added that the subject property has been zoned Residential and guided on the General Land Use Plan map for single family residential homes for many years and this proposal is consistent with that. Kluchka suggested that hearing notices include directions on how to research the City's requirements and codes. Grimes stated that the City's website could be added to the hearing notices. Minutes of the Golden Valley Planning Commission January 25, 2010 Page 6 Eck referred to the concerns regarding tree preservation and it has been the City's experience that builders try to maintain as many trees as possible because trees add value to property. MOVED by McCarty, seconded by Eck and motion carried unanimously to recommend approval of the request to subdivide the property located at 100 Brunswick Avenue North into two lots with the following conditions: 1. The final plat of the minor subdivision shall be consistent with the preliminary plan submitted with the subdivision application. 2. The comments in the memo from City Engineer Jeff Oliver, PE, to Mark Grimes, Director of Planning and Development, dated January 21, 2010, shall become a part of this approval. 3. A park dedication fee shall be paid at time of final plat approval. The amount of the fee shall be determined by the City Council. 4. The existing house must be removed prior to final plat approval by the City Council. Informal Public Hearing - Zo g Code Amendment - Garden Structure Requirements in the Definitio s, Single Family (R-1) and Moderate Density esidential (R-2) Zoning Dist cts Sections of City Code Purpose: To end the R-1 Si Ie Family and R-2 M rate Density Residential Zoning Districts garding the a cture requirements Keysser asked if gazebos w Id be in no. The proposed new la uage woul I to amend e Single Family (R-1) and Moderate taff ha ome across some garden structures pro ed language and stated that the proposed d property line, 5 feet from the side and rear 'on between detached structures, similar to Grimes explained that this is propos Density (R-2) Zoning District b use located in front yards. He reviewe h setbacks would be 5 feet from the fro yard property lines and 10 feet of se other accessory structures. proposed new language. Grimes said s, arbors, etc. Schmidgall said he ould like to see amples of some 'sting garden structures. Kluchka suggest including pictures n the staff report whe this item goes before the City Council. Schmid said he thinks these type of garden structures are basic transparent so they s uldn't cause any visual obst ction. Cera questioned corner vis ility especially if the rden structures are covered i vines. He suggested requiring a 7 or 0 foot setback i ead of the proposed 5 foot setb k. Kluchka said he feels garden structures should have the same requirements as bu hes. McCarty clarified that the garden structures Planning 763-593-8095 I 763-593-8109 (fax) Date: January 20, 2010 To: Golden Valley Planning Commission From: Mark W. Grimes, Director of Planning and Development Subject: Informal Public Hearing on Minor Subdivision to Subdivide Lot 9, Block 5, Tralee into Two Lots (100 Brunswick Ave. N.)-Peter Miller, Applicant Peter Miller is the applicant for a minor subdivision to split Lot 9, Block 5, Tralee into two lots. At the present time, Mr. Miller lives in the house that is located on the lot. The address of the house is 100 Brunswick Ave. N. It is located just to the north of Glenwood Ave. on Brunswick. His proposal is to demolish the house that is located in the middle of the lot. By removing the house, the existing lot may be divided into two lots because the size of the lot. As shown on the attached survey, the area of Lot 9 is 29,680 sq. ft. Lots within the Single Family (R-1) zoning district must be a minimum of 10,000 sq. ft. in area with at least 80 ft. of street frontage at the front setback line. Proposed Lot 1 will be 14,500 sq. ft. in area and Lot 2 will be 15,180 sq. ft. (Lot 1 exceeds the minimum lot size by 45% and Lot 2 exceed the minimum lot size by 51%.) Both lots also exceed the minimum lot width requirement of 80 ft. at the front setback line. Mr. Miller has submitted a preliminary plan of the minor subdivision that indicates the layout of the two lots. The plan shows the building envelope area for each of the lots. The envelope area is determined by the building setback requirements. Each of the building areas allow more than adequate space for a new house. The final plat for this development would not be submitted for approval until the existing house is removed. The Subdivision Code states that after approval of the preliminary plan by the City Council, the final plat must be submitted for approval within 180 days unless an extension is granted by the City Council. According to City records, the house was built in 1953 with an addition added in 1961. The pool was constructed in 1982. The property is currently zoned Single Family (R-1) and the area is guided on the Land Use Plan map for low density residential uses. The area around this property is also zoned R-1 and guided for low density residential uses. The Tralee addition was subdivided over 50 years ago. Many of the lots in the area are in the 20,000 sq. ft. to 35,000 sq. ft. size. There are a few lots less than 20,000 sq. ft. in area. I have enclosed a map indicating the sizes of some of the lots in the area. Back in 2005, a lot was subdivided into two lots on Cutacross Rd. just north of Brunswick (211 and 203 Cutacross). 1 There was opposition from some property owners in the neighborhood to this subdivision but it was approved. Much of the discussion centered on how this area was originally developed into large lots and how splitting the lot changes the character of the neighborhood. The Planning Commission recommended approval of the Cutacross preliminary plan for the subdivision on a 4-1 vote and the City Council unanimously approved both the preliminary plan and final plat. Since the Cutacross subdivision was approved, the City went through a detailed study to address issues of infill development. As a result of that study, changes were made to the R-1 zoning code related to side setbacks, building height, lot coverage, and impervious surface coverage. There was also discussion at the time of the Cutacross plat about the possibility of owners within the Tralee area adding deed restrictions to eliminate or control the splitting of lots. Staff has not been made aware of any covenants that have been placed on lots in this area. City Engineer Jeff Oliver, PE, has written a memo to me regarding engineering issues. His memo will become part of the recommended approval. Factors for Consideration and Approval Considerations for approving or denying minor subdivisions are set out in the Subdivision Code, Section 12.50, Subd. 3. Staff findings on each of the nine points are as follows: 1. Proposed lots must meet requirements of the applicable zoning district. As stated above, each of the proposed lots exceeds the minimum lot and width size requires for the R- 1 zoning district. Both lots will have full frontage on a public street. 2. Minor subdivisions may be denied upon the City Engineer's determination that steep slopes or excessive wetness encumbers the buildable portion of the resulting new lot. City Engineer Jeff Oliver, PE, has written a memo to me dated January 21, 2010 regarding this subdivision. The issue of steep slopes or excessive wetness was not addressed in his memo because these concerns are not present on the property. 3. Minor subdivisions may be denied if public sewer and water connections are not directly accessible to each proposed lot. As stated in the City Engineer's memo, there is existing sanitary sewer and water available to each of the newly created lots. 4. Approval of minor subdivision shall be conditioned on the applicant's granting of easements for necessary public purposes as determined by the City. In his memo, the City Engineer has asked for additional easements. These easements must be shown on the final plat of the subdivision. 5. When public agencies other than the City have some form of jurisdiction over an area including or directly affected by a proposed minor subdivision, approval of that minor subdivision may be conditioned on the requirements of the outside agency. There are no requirements from any outside agencies necessary to approve this subdivision. 6. If the applicant is required to submit a review of the property's title, the approval of the minor subdivision shall be conditioned on the applicant's resolution of any title issues raised by the City Attorney. The City Attorney will review this proposal and determined if it is necessary to review title information. 2 Any review of title is done at the expense of the applicant. In this case title review may be required because the applicant will be dedicating easements to the City. 7. Minor subdivisions of non-residential properties may be denied if the City Engineer determines that adequate public facilities are not available to serve the site. This condition does not apply since this is residential property. 8. Approval of a residential minor subdivision shall be conditioned on the payment of a park dedication fee in an amount established by the City Council. By ordinance, the City has the right to assess a park dedication fee at the time of final plat approval. The final amount is determined by the City Council. 9. Refers to minor subdivisions for double bungalows. This is not applicable in this case. Recommendation Staff recommends approval of the minor subdivision of Lot 9, Block 5, Tralee (100 Brunswick Ave. N.) with the following conditions: 1. The final plat of the minor subdivision shall be consistent with the preliminary plan submitted with the subdivision application. 2. The comments in the memo from City Engineer Jeff Oliver, PE, to Mark Grimes, Director of Planning and Development, dated January 21, 2010, shall become a part of this approval. 3. A park dedication fee shall be paid at time of final plat approval. The amount of the fee shall be determined by the City Council. 4. The existing house must be removed prior to final plat approval by the City Council. Attachment Location Map (1 page) Memo from City Engineer Jeff Oliver, PE, dated January 21, 2010 (3 pages) Area map indicating size of nearby lots (1 page) Survey of Lot (not to scale) (1 page) Survey of Lot (to scale) (1 page) Email from Shelley McDonald, dated January 20,2010 (1 page) 3 tot4t'ri'Vall ey moran m Public Works 763.593.8030 I 763.593.3988 (fax) Date: January 21,2010 From: Mark Grimes, Director of Planning and Development Jeff Oliver, PE, City Engineer~ Subdivision Review for 100 Brunswick Avenue North To: Subject: Public Works staff has reviewed the proposed subdivision at 100 Brunswick Avenue North. The proposed subdivision is located just north of Glenwood Avenue, and splits an existing single-family lot with an existing home on it, into two conforming lots. Streets and Lavout The existing single-family lot is within the Tralee plat. The platted right-of-way for Brunswick Avenue North is 40 feet wide, with a 70-foot wide, rectangular "cul-de-sac." These existing right-of-way widths are not consistent with the current Subdivision Ordinance requirements, which require a 50-foot wide street right-of-way and a 45-foot radius on cul-de-sacs. However, because Brunswick Avenue is a cul-de-sac with a residential neighborhood surrounding it, there is very little potential for street widening or extension in the future. Therefore, no additional street right-of-way will be required with this subdivision. However, in order to provide adequate space for the future installation or burial of utilities outside of the paved street surface, additional drainage and utility easements will be required as part of the platting. Therefore, the final plat for this subdivision must include a 15-foot wide drainage and utility easement on the street frontage for the development. The final plat must also include drainage and utility easements as outlined in the Subdivision Ordinance. Therefore, the final plat must include 1 O-foot wide drainage and utility easements on the non-street frontage boundaries, and 12-foot wide easements, centered on the property line, on the internal lot lines. Brunswick Avenue North was reconstructed as part of the 2005 Pavement Management project. Because this parcel had the potential to be subdivided, the Special Assessment Roll for the project included one levied and one deferred special assessment for the lot. G:\Developments - Private\100 Brunswick North\Review 01211 O.doc The $3,200 deferred special assessment must be paid prior to forwarding the final plat to the City Council for its approval. The developer will be required to obtain right-of-way permits for the installation and/or relocation of driveways for the two lots. These permits will require the installation of City standard driveway aprons and restoration of the street according to City standards. Utilities The existing City sanitary sewer and water systems providing service to this property have adequate capacity for the proposed development. There is currently one sanitary sewer service and one water service to the existing home on this property. Therefore, a second set of services will be required at the time of home construction. The developer has demonstrated that extension of these services to the property is possible. The developer will be required to obtain the appropriate sewer and water permits, and a right-of-way permit for the installation of utility services. The existing sanitary sewer service to the existing home must be compliant with the Inflow and Infiltration Ordinance prior to occupancy of the new home that will be serviced. Therefore, a CCTV inspection of the sewer service will be required at the time of home demolition and a Certificate of Compliance must be issued for the portions of the sewer service that are not replaced. Stormwater and Grading This development will be subject to the Stormwater Ordinance. Therefore, the demolition of the existing home and the construction of the two new homes will each require a stormwater permit. The permits for new home construction will require the submittal of grading plans. This development is within the Sweeney Lake sub-district of the Bassett Creek watershed. Based upon the size of the development, review by the Bassett Creek Watershed Management Commission will not be required. Tree Preservation This development is subject to the City's Tree Preservation Ordinance. Therefore, tree preservation permits will be required at the time homes are constructed on the new lots. Recommendation Public Works staff recommends approval of the proposed subdivision of the existing single-family lot at 100 Brunswick Avenue North subject to the comments contained in this review. These comments are summarized as follows: G:\Developments - Private\1 00 Brunswick North\Review 01211 O.doc 1. Dedication of drainage and utility easements as discussed above. 2. Payment of the deferred $3,200 special assessment for the 2005 Pavement Management project prior to the final plat being forwarded to the City Council for review. Please feel free to call me if you have any questions regarding this matter. C: Jeannine Clancy AI Lundstrom Eric Eckman Mitch Hoeft Mark Kuhnly Gary Johnson Ed Anderson G:\Developments - Private\100 Brunswick North\Review 01211 O.doc m 2 m ~ o l> <: m % 320 316 300 240 23ll 220 211l 146 130 124 120 116 6324 6320 6330 105 6231 115 125 1I 316 324 245 2SiI 221 124 117 116 109 26 28 25 15 6100 tllt i ffl 5910 I ~ 'I ~lp GlENWOOD AVE 100 6145 6101 11lS 120 111 601S '" !f; .0 1.25 ~~ 125 120 -< 140 ~: 131 0 %j i ". '" 160 iit, 145 140 iit 145 "'" 6001 :l " '" III UlO 205 20il 205 20il ): 110 ~ ::.: '" 130 '" tX V i .... 150 ::.: 210 215 120 '" 3': <l: g ;,c: C3 140 \t:f,;J f.:";-!,w':!cl '",' ~:-l A~~'.>M$: - CQ::rF,,',j:ll ':C-: ;,.,001$ ,?JS :;;'\J:lS 20il Wittman. Lisa From: Sent: To: Cc: Subject: Hogeboom, Joe Thursday, January 21,20107:33 AM 'SHELLEY MCDONALD' Grimes, Mark; Wittman, Lisa RE: meeting Jan 25th Shelley, Thank you for sending this email.l.msorry.butlmusthavernisspokewhenltoldyoumyernai!.lnanyevent.ldid now receive your email, and I will distribute it to the Planning Commissioners, Please let me know if you have any further questions or concerns. Thank you, Joe Hogeboom I City Planner I City of Golden Valley 7800 Golden Valley Road I Golden Valley, MN 55427 I 763-593-8099 I 763-593-8109 (Fax) I 763-593-3968 (TTY) ihogeboom@ci,golden-valley.mn.u5 't}o Iden Vall , From: SHELLEY MCDONALD [mailto:watsu4you@hotmail.com] Sent: Wednesday, January 20, 2010 9:04 PM To: Hogeboom, Joe Subject: FW: meeting Jan 25th Please foreword to Joe His email address did not work when I sent this. Shelley He gave me the email... jhogeboom@cLgoldenvalley.mnus . This email did not reach him and it needs to before Thursday or Friday. From: watsu4you@hotmail.com To: jhogeboom@ci.goldenvalley.mnus Subject: meeting Jan 25th Date: Wed, 20 Jan 2010 03:53:59 +0000 Joe, We talked today. We live at 105 Brunswick So. I am voting to not divide the lot at 100 Brunswick N. Leave the lot as it is. One house per lot as is. That is my vote. Shelley McDonald 612 889-8886 I am sorry I will not be here for the meeting. Thank-you 1 1 ~cj:.o ' " I ~rl' , ~--=~ ~_I SCALE N FEET ~ - ~ SPOT ELEVA1lON. )((68.0) - PROPOSEIi SPOT El.EVATlON _ DAECT10N SlR=" A~ ORI.HAGE .. CANTl.EVERl> OVERHANG - OVERf€AD UTl.!TY L.N: - CARAGE FLOOR E\.EVAT1ON - LOWEST FLOOR El.EV A TION .. SET BACK LK .. HOT TO SCALE \ u ~ SAN MH c5~~ lP"905.0 \ IV\-=8950/ " \" / ~f:j!. / // / ~~. l......... "'" I EXISTING --., 6~~ .11 UTILITY -:-F - ~; " SERVICES -- -z.. ~ 1" <l~' / ~ / "V //7 ~ S€/iv / I.. ~/ ~ I' / ~! 0$1/;" '/; I Ii II I /" / l~ ~ ,h i(J)~,V ~ Q I / fi(V ~:5' I / '" ,f/~ t/./ ,h *: / !III I. I ~ ~~l j I ~ ~ ~ fi / S j;'!J SlOE SETBACKS SHOWN ARE MNMUM I ~ ,i ,'" KJ SUB.ECT TO BUILDING HEIGHT '1 / ' , VERIFY ALL SETBACKS WITH CITY / &;' fj , UTLITY LOCATlONS SHOWN ARE I 'L~"'" I !{ ----" PER F'ELD LOCATION AND CITY 1f1i~ Ii --- PLANS AND ARE APPROxt.4A TE ;1 ""~~ r:; ~UL~O~ ~-.;; ~ ,.-P,' ., J ~~ ~(.; , ,.0..~o"" J .<!l(>..( I 1 H .~" l \~ C rV"889 7+/-l S t.;; t4 - -- .."... ,( PROPOSEJ) _ _ - - 1- .)..1 II UTLITY ----- I SERVICES I I I~' .- 1 I~~ _-t.-- I 1, '---- - i ~ I - ,~~'j,., - I I 1\ le~~'O .rg. ------ -- _.1. 1 \ 1 r --... --... / / / / / I ,'l-~"'" ~ ~,,~. y '--.( \ \ ~o-t 1t:> Sco-\e., o 20 40 60 PROPOSE/) LOTS " ~2 LOT 1 &: 14500 SF 0..1.1 ACRE ~' COH Ott. GFE lfE SBl NTS LOT 2 If: 15180 SF O.3!i AQl;'f h~ ";"'ZJo.J-- '1> - _. ......"l..'" """ C) ~ - ~ ,./ \ cY' \~"~~ r" , 'I o,(;)~- ~c" ~ ~ R , t; ..... 1 ;t(.2 I ~'l" ,.cj '1-'" ,'1.0 I ' 9a1 / a~ t ....- . t?:. ~ / ~- ~o ,f) (,If.~ ;" ,. t j~ .-J>! III I'" ~'I:" ,. ~ ~\.~ .- ~ ,e 0 e9~ - 15 50[ SB! ........ . I 11.': yll' / l~ ''II ~ ~/" t ~ .J " ~\j I " ' . VI~" c/" ~ ~ ",11"" I ' .~ ~. 0 ~ e'jQ." '~A I C9 /' 'S~j ,-,..~ I LEGAL DESCRPTION: LOT 9, BLOCK 5, TRALEE. HEN~ CO., MH. .. ..... v 'l-&1{~ ~~~v 5:"" t :t<::r' ~ . ~RESS - 100 BRUNSWICK A VE~E N PDfJ3-116-21-33-0039 LOT AREA - 29680 SF I 0.68 AC , . "- //,. eO~~ u~t~ .~<;;<;;~ N 89-26' ~ , 2,.0 SURVEY IS SU8.JECT TO CHANGE PER TITLE OR EASEMENT INFORM" TION I.... : . -~ ( 0' o~ / 167. ~. oq I , to, ~ / I " _ ( , , LOT SURVEYS COMPANY, INC. LAND SURVEYORS INVOICE NO. 13848 F. B. NO. 256-40 SCALE I" 20' 0- DENOTES I RON REGISTERED UNDER LAWS OF STATE OF MINNESOTA 7601- 73rd Avenue North 560-3093 ------ ~ -5 -00 Minneapolis, Minnesota 55428 GAL AND SHARYN DANIELSON enrot orll Cl!trttfttatf ~. 5"' ~Lr/T' C Yc<:::.a-vc FCNcE C 1~.5 ~~. 0.1::7 Poe>L. 8/2,E/9 ~ ~ ~ J ~ ~. .<Q~ f'. 1" Lo-r --, I I It) I ';.~"3. -='( t 0 ~ 0: I ~ ~ \) \) ~ "- \! : :J I I I / 0 J 0 -9 ~ 0 lJ \l 'J LO, 2- 1"'.0 I ..} OVcR.HERO.. V/IRE5 "- ~ tJ 1]\ tv (T' ~ / --9 ~ , 0 II' I Ly './' / , I I \ Iv ~ \<07.00 ---- \/RRec.:;;vc:..AiC ,rcA/cC: ON t::/NC \ Lot 9, Block 5, "TRALEE" We hereby certify that this 15 a true and correct representation of a survey of the boundaries of the above described land and the location of all buildings and vis- Ible encroachments, If any, from or on said land. Surveyed by us this 7.2nd day of Augu'it 19 84 Signed aymond A. Prasch, Minn. Reg. No. 6743 The only easements shown are from plats of record or Information provided by client. hlley mo d Planning 763-593-8095/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting February 16, 2010 Agenda Item 4. D. Public Hearing - Ordinance #433 - Amending Sections 11.03, 11.21 and 11.22 Regarding Garden Structure Requirements Prepared By Joe Hogeboom, City Planner Summary The Planning Commission has recommended the approval of language in the Zoning Code that would regulate garden structures in the Single Family Residential (R-1) Zoning District and Moderate Density (R-2) Residential Zoning District. However, at the February 9, 2010 Council/Manager meeting the Council requested that the proposed language be reevaluated and simplified. The proposed language now contains a provision that prohibits garden structures from being located within five feet of all property lines (front, both sides, and rear) as well as limits the height of garden structures to ten feet. Staff feels that the newly proposed language allows residents to construct reasonably sized garden structures without negatively impacting neighboring properties. Attachments Underlined/Overscored Version of Section 11.03, Definitions 1 and 42.5 (1 page) Underlined/Overscored Version of Section 11.21, Subdivision 20 (1 page) Underlined/Overscored Version of Section 11.22, Subdivision 12 (1 page) Ordinance #433 - Amending Sections 11.03, Section 11.21 and Section 11.22 Regarding Garden Structure Requirements (1 page) Recommended Action Motion to adopt Ordinance #433, Amending Sections 11.03, 11.21 and 11.22 Regarding Garden Structure Requirements. 911.03 Section 11.03: Definitions (:r7 1. 0' ,~ Accessory Use or Structure: A use or structure (other than a garden structure) subordinate to the principal use of the land or a building on the same lot and serving a purpose customarily incidental to the principal use or structure except as provided for Essential Services. 2. Adult Day Care Center: A facility licensed by the State of Minnesota that provides adult day care to functionally impaired adults on a regular basis for periods of less than twenty-four (24) hours a day in a setting other than a participant's home or the residence of the facility operator. Functionally impaired adult means an adult having a condition that includes 1) having substantial difficulty in carrying out one (1) or more of the essential major activities of daily living, such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working; or 2) having a disorder of thought or mood that significantly impairs judgment, behavior, capacity to recognize reality, or ability to cope with the ordinary demands of life; and 3) requiring support to maintain independence in the community. 3. Affected Persons: Any or all persons who own property located within five hundred (500) feet of the subject premises under zoning review. 4. Alley: A public or private way affording only secondary means of access to abutting property. 5. Apartment: A room or suite of rooms in a multi-family or multi-use building arranged and intended as a place of residence for a single family or a group of individuals living together as a single housekeeping unit. 6. Apartment Building: Any building or portion thereof which is designed, built, rented, leased, let or hired out to be occupied, or which is occupied as the home or residence of three (3) or more families living independently of each other and doing their own cooking in the said building, and shall include flats and apartments. 7. Automobile Sales: An open or enclosed area (building or structure), other than a street, used for the display, sale, or rental, of new and used motor vehicles in operable condition. 911.03 any such vehicles are kept for remuneration or hire; including the sale of gasoline, oil and accessories. 42. Garage, Repair: Any facilities for the repair or maintenance of motor vehicles, but not including factory assembly of such vehicles, auto wrecking establishments or junk yards. (ffJ.J.\ ~<j4 " 42.5 Garden Structure: A permanent outdoor fireplace or grill. or a free standing or attached structure such as a pergola or arbor (which serves a purpose customarily incidental to the principal structure with a primarily aesthetic Q1!.[Qose) . 43. Grade: The lowest point of elevation of the finished surface of the ground, paving, or sidewalk within the area between the building and the property line. For the purposes of this Chapter, "grade" shall be measured from the street side of a property to within five (5) feet of the building. 44. Green House: A glass or similar transparent, or translucent, structure used for the cultivation and protection of plants which cannot be grown outside during all seasons. 45. Group Foster Family Home: A family home licensed by the State of Minnesota to care for up to ten (10) children under eighteen (18) years of age (including the family's own children under eighteen (18) years of age). 46. Heliport: Any land and/or structure used or intended for use for the landing and take off of helicopters and any appurtenant land and/or structure used or intended for use for port buildings or other port structures or rights-of-way, which land and/or structures meet the requirements and regulations set forth by the Federal Aviation Administration and the Minnesota Department of Transportation as and for a helicopter facility. 47. Home Occupation: An accessory use of a dwelling, excluding an attached garage or other accessory building, which is conducted entirely within the dwelling by one (1) or more persons, all of whom must reside in the dwelling unit. (Day care facilities licensed by the State of Minnesota serving twelve (12) or fewer persons in accordance with Minnesota Statutes Annotated 245.812, Subdivision 3, are not considered a home occupation.) 48. Hospital: An institution providing health services primarily for inpatient medical or surgical care of the sick or injured and including related facilities such as laboratories, outpatient department, training facilities, central service facilities, and staff offices which are an integral part of the facility. 9 11.21 A. Setbacks. 1. Front Yard Storage. Any storage of items in the front yard shall be behind the property line. 2. Side Yard Storage. Items stored in that portion of the side yard to the front of the rear yard, may not be stored within three (3) feet of the property line. Items stored in that portion of the side yard to the rear of the primary structure or attached garage, may not be stored within five (5) feet of the property line. 3. Rear Yard Storage. Items stored in the rear yard may not be stored within five (5) feet of the property line. B. Screening. Side and Rear Yard Storage. Any storage of a recreational camping vehicle, fish house, trailer, boat, or personal motorized recreational vehicle in the side or rear yard must be screened using either vegetative screening or a fence in accordance with Section 11.72 of this Chapter. *Subdivision 19. Paved Area Requirements Paved areas in the Single Family (R-1) Zoning District, include those constructed of concrete, bitumiuous pavement, or pavers, and are governed by the following provisions: A. Driveways built or reconstructed on or after January 1, 2005, shall be paved. B. Setbacks. Paved areas shall be setback three (3) feet from a side yard property line, except for shared driveways used by multiple property owners pursuant to a private easement. C. Coverage. No more than forty percent (40%) of the front yard may be covered with concrete, bituminous pavement, or pavers. Subdivision 20. Garden Structures Garden Structures shall be located no closer than five (5) feet to any property line. Garden Structures shall not exceed ten (10) feet in height. S 11.22 ten (10) feet from the floor to the top plate. Attic space in accessory structures shall be used only for storage and/or utility space. C. Garage Construction Required. No building permit shall be issued for the construction of a new principal structure in the R-2 Zoning District not including at least a one (1) stall garage per dwelling unit. Single family dwelling units shall require a two (2) stall garage. D. Accessory structures including detached and attached garages, detached sheds, greenhouses and gazebos shall be limited in size to a total of six hundred fifty (650) square feet per dwelling unit. Swimming pools are not included in this requirement. E. Decks. Free standing decks or decks attached to accessory structures shall meet the same setback requirements as accessory structures. F. Swimming pools. Swimming pools shall meet the same setback and location requirements as accessory structures. G. Central Air Conditioning Units. Central air conditioning units shall not be allowed in the front yard of any single or two-family dwelling. Subdivision 12. Garden Structures ~arden Structures shall be located no closer than five (5) feet to any property line. Garden Structures shall not exceed ten (10) feet in height. ORDINANCE NO. 433, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Amending Sections 11.03, 11.21 and 11.22 Regarding Garden Structure Requirements The City Council for the City of Golden Valley hereby ordains as follows: Section 1. City Code Section 11.03 entitled "Definitions" is amended by changing definition number 1 to read as follows: 1. Accessory Use or Structure: A use or structure (other than a garden structure) subordinate to the principal use of the land or a building on the same lot and serving a purpose customarily incidental to the principal use or structure except as provided for Essential Services. Section 2. City Code Section 11.03 entitled "Definitions" is amended by adding definition number 42.5 to read as follows: 42.5 Garden Structure: A permanent outdoor fireplace or grill, or a free standing or attached structure such as a pergola or arbor (which serves a purpose customarily incidental to the principal structure with a primarily aesthetic purpose). Section 3. City Code Section 11.21 entitled "Single Family Zoning District" is amended by adding a new Subdivision as follows: Subdivision 20. Garden Structures. Garden Structures shall be located no closer than five (5) feet to any property line. Garden Structures shall not exceed ten (10) feet in height. Section 4. City Code Section 11.22 entitled "Moderate Density Residential Zoning District" is amended by adding a new Subdivision as follows: Subdivision 12. Garden Structures. Garden Structures shall be located no closer than five (5) feet to any property line. Garden Structures shall not exceed ten (10) feet in height. Section 5. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 10.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 6. This Ordinance shall take effect from and after its passage and publication as required by law. Adopted by the City Council this 16th day of February, 2010. Is/Linda R. Loomis Linda R. Loomis, Mayor ATTEST: Is/Susan M. Virniq Susan M. Virnig, City Clerk hlley ra u Public Works 763-593-8030 I 763-593-3988 (fax) Executive Summary For Action Golden Valley City Council Meeting February 16, 2010 Agenda Item 6. A. Support for the Metropolitan Council Environmental Services (MCES) 1-GV-461 Reliever Project Prepared By Jeannine Clancy, Director of Public Works Jeff Oliver, PE, City Engineer Mitchell Hoeft, Engineer Summary The MCES owns and operates the interceptor sanitary sewer collection and treatment system for the seven-county metropolitan area. One of these interceptor sewers, identified as 1-GV- 461, enters the City at South Tyrol Park and runs north to connect to into the Plymouth forcemain north of T.H. 55 (see attached Figure 4-5). Recent data have shown that 1-GV-461 has both short- and long-term capacity concerns. To resolve these issues, MCES is proposing installation of an 18-inch forcemain reliever. The proposed reliever is currently being planned for installation along the Turners Crossroad/Xenia Avenue corridor (see attached Figure 6-1). MCES is currently in the preliminary design phase of project development and will begin final design in June 2010. Construction of this main is scheduled to commence in the spring of 2012 and conclude in early 2013. Completion of the 1-GV-461 reliever will ensure adequate sanitary sewer capacity for redevelopment along the 1-394 corridor within Golden Valley and St. Louis Park. The estimated total project cost is $22 million based upon current cost estimates. This improvement will be paid for by all communities currently being served by the MCES. There will be no special assessments to any Golden Valley resident. The MCES conducted a public information meeting on January 6, 2010 and a Public Hearing on January 27,2010 at the City of Golden Valley. Attached is the Public Hearing transcript and comments received as of February 5, 2010. Attachments Resolution of Support for the Metropolitan Council Environmental Services Interceptor MCES 1-GV-461 Reliever Project (1 page) Transcript of Public Hearing, January 27, 2010 (35 pages) Comments Received by the MCES as of February 5, 2010 (5 pages) Figure 4-5: 1-GV-461 Bypass to Downstream System Impact (1 page, loose in agenda packet) Figure 6-1: Recommended Alternative and Alternate Route (1 page, loose in agenda packet) Recommended Action Motion to adopt Resolution of Support for the Metropolitan Council Environmental Services Interceptor 1-GV-461 Reliever Project. Resolution 10-16 February 16, 2010 Member introduced the following resolution and moved its adoption: RESOLUTION OF SUPPORT FOR THE METROPOLITAN COUNCIL ENVIRONMENTAL SERVICES INTERCEPTOR 1-GV-461 RELIEVER PROJECT WHEREAS, the MCES owns and operates sanitary sewer collection systems in the City of Golden Valley; and WHEREAS, their 1-GV-461 interceptor has been identified with having short- and long-term capacity concerns; and WHEREAS, MCES recommends the installation of an 18-inch forcemain reliever along the Turners Crossroad/Xenia Avenue corridor to eliminate this concern; and WHEREAS, the project design stage will begin in June 2010 with construction planned for the spring of 2012 and continuing into 2013; and WHEREAS, the estimated project cost is $22 million to be funded by all metropolitan communities currently being served by the MCES; and WHEREAS, the 1-GV-461 Reliever Project will assure adequate sanitary sewer capacity for future development and redevelopment in the City of Golden Valley along the 1-394 corridor; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Golden Valley that the City support the MCES installation of a forcemain reliever to the existing 1-GV -461 interceptor sewer. 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. 1 .~:.::~. 1 2 3 4 5 METROPOLITAN COUNCIL 6 ENVIRONMENTAL SERVICES 7 8 Regional Sanitary Sewer 9 Improvements Draft Facility Plan 10 11 Facilities Located in 12 Golden Valley and St. Loui s. Park .' 13 ~. ! 14 15 16 Transcript of 17 Public Hearing 18 January 27, 2010 19 20 COpy 21 22 23 Reported by: Jackie Young', RPR 24 25 ." ADAMS COURT REPORTING, 763-421-2486 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PRO C E E DIN G S MR. O'DONNELL: I think we'll get started with the public hearing. Good afternoon and welcome. This is the Metropolitan Council public hearing on the Golden Valley-St. Louis Park Regional Sanitary Sewer Improvements Draft Facility Plan. I want to start out by thanking the staff at Golden Valley City Hall for helping us set up the room and making this space available for us today, and I also want to acknowledge in the audience Mayor Linda Loomis and City Council Member DeDe Scanlon. Thanks for coming to the hearing today. My name is Tim O'Donnell. I'm a senior information coordinator and citizen liaison for the Metropolitan Council Environmental Services. And that's -- for the public hearing record, we abbreviate MCES. That's an acronym we'll be using throughout the presentation. Joining us today to present the ADAMS COURT REPORTING, 763-421-2486 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Draft Facility Plan and collect comments are the following MCES Staff: Deborah Manning. Deborah is the principal engineer and manager of this project during the planning phase. Jeff Schwarz is a principal engineer, and Jeff will be managing this project during design and construction. Also with us are engineering consultants Dave Raby and Alison Sumption from the firm H.R. Green. At this time I'll officially call the public hearing to order. The purpose of the hearing is to summarize our Draft Facility Plan for regional sanitary sewer improvements in Golden Valley and St. Louis Park and also to receive testimony from those wishing to comment. Deborah will give,a more detailed explanation of the improvements in a few minutes. As we conduct this public hearing, there are a few things I'd like to point out. If you are interested, there is a copy of the Draft Facility Plan available here at ADAMS COURT REPORTING, 763-421-2486 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Golden Valley City Hall. All interested persons may present comments or opinions as they relate to the Draft Facility Plan. If you wish to speak at this hearing but have not signed in yet, please do so at the registration table. Each speaker should come forward to the podium and state their name and spell their name, too, for the public record, and then state their address and any organization they may represent because the hearing is being recorded for the official public record. Written statements, in addition to oral comments, are also appreciated. Deb, would you go to the regional wastewater slide. Thank you. I'd like to begin with just a brief overview of the regional wastewater system before we zero in on the improvements that Deborah will talk about for Golden Valley and St. Louis Park. The regional wastewater system is operated by MCES, and we are an operating division of the Metropolitan Council. The regional wastewater facilities ADAMS COURT REPORTING, 763-421-2486 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 are shown on this map of the 7-county Twin Cities metropolitan area that you can see on the monitors. The red lines show the regional wastewater collection system. This system consists of approximately 600 miles of interceptor sewers, 61 pump stations and 190 meter stations. These sewers, in effect, intercept the flow of wastewater from 105 communities in the urbanized portions of the region and they convey the wastewater to seven regional wastewater treatment plants that we operate. The cities that we collect the wastewater from, combined they have about 5000 miles of local sewer pipes, so you can see that the regional and the local sewer system is a pretty expansive network of infrastructure. If you look at the map on the monitors, the black boxes are the seven wastewater treatment plants that we operate. They combine to treat approximately 260 million gallons of wastewater each day, and they discharge the resulting clean water into the Minnesota, Mississippi, and St. ADAMS COURT REPORTING, 763-421-2486 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Croix Rivers. To put this volume of wastewater in perspective, 260 million gallons would be enough to fill the Metro Dome in just a little under two days. The funding for our operation comes from billing the 1bs communities that are connected to the regional system. That pays for our ongoing operation, maintenance, and capital improvement costs. The cities, in turn, bill these costs, plus their local costs, to property owners who are connected to the local sewers. So about two-thirds of your sewer bill pays for the regional system costs and about one-third pays for the local system costs. These sewer user fees that we collect are used to fund the regional system without reliance on tax dollars. In addition, we do not levy -- Excuse me. We do not levy special assessments on property owners simply because they are adjacent to sewer projects like we are discussing here tonight. These projects have a much broader public benefit and, as such, their costs are borne region-wide. ADAMS COURT REPORTING, 763-421-2486 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 So with that little explanation of the overall system, I want to turn it over to Deb Manning to zero in on what we have planned for the Golden Valley-St. Louis Park area. MS. MANNING: Thank you, Tim. I'm going to try to use this. Is it making any difference? (Audience indicates yes). MS. MANNING: The Metropolitan Council Environmental Services is completing a facility planning phase of this project, and in that phase, we look at the service area, we look at the general location, service area needs, and alternatives to meet the needs in that service area. We develop alternatives and the recommended alternatives. We begin at public participation process. We meet with city staff, with other -- we have public information meetings, and start to talk about the alternatives and the recommended alternative. We develop project costs and schedule. So that's what we have completed so far and what we are here to talk about ADAMS COURT REPORTING, 763-421-2486 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 tonight. The existing system serves an area of -- the existing system that we're talking about for this project serves an area of northern St. Louis Park and northern Golden Valley. It's currently served by an interceptor we called 1-GV-461, and I'll point to that. That is this red line, which represents our interceptor I-GV-461. It starts at a meter we call Meter 120 at the border with St. Louis Park. We -- we meter the flow coming in from St. Louis Park. This is kind of a major trunk lin€ from St. Louis Park. This is a pipeline that was built in the 1950s. It's about three feet in diameter, and wastewater flows by gravity northward, crosses 394, and as it goes along, we pick up wastewater from Golden Valley, from the residences along the neighborhood. It continues on north. There's a large trunk sewer line from Golden Valley that connects to the regional pipeline here just north of G1enwood, and then the pipeline continues on to ADAMS COURT REPORTING, 763-421-2486 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Highway 55, goes to the east on Highway 55, and connects in this area with a pipeline that serves northern Golden Valley. And these two come together and continue on in a pipeline we call I-MN-320 and through Minneapolis. The flow, the wastewater flow, continues on through Minneapolis, through St. Paul to the metro wastewater treatment plant in St. Paul. There's a couple other facilities that I want to mention. We have a forcemain pipeline, two pipelines under pressure that run along Highway 55. It starts in Plymouth and conveys wastewater from Plymouth and from New Hope. It continues along 55 farther into excuse me, farther into Minneapolis, and ultimately connects with I-MN-320 farther east in Minneapolis. In this area, the green line and the red line are not connected. This interceptor, I-GV-461, is currently at capacity and we will maintain this interceptor, continue to use it, but we need to identify a way to provide more wastewater ADAMS COURT REPORTING, 763-421-2486 10 conveyance capacity in order to serve redevelopment in the area, both in St. Louis Park and in Golden Valley. Tim, maybe you could help me. MR. O'DONNELL: Sure. MS. MANNING: Then I can just stay over here. In terms of growth, both St. Louis Park and Golden Valley are projected to grow. These estimates of projected growth cover compare 2000 values to 2030 values. St. Louis Park in terms of just general population is projected to grow in the next 20 years, 2030, by about -- there's about 5000, 6000 population households, it's projected to grow by about 3000, and employment will see some significant growth of about 12,000 people. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 In Golden Valley there's a similar increase, with the population growing by about 4000, households by about 1000, and then employment has some significant growth, about 6000 new employment. That's for the community as a whole. ADAMS COURT REPORTING, 763-421-2486 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 These interceptors, the interceptor that we're talking about, I-GV-461, serves just a portion of that, but it does serve a portion that is experiencing redevelopment and planned redevelopment. We went through an alternatives identification process looking at how would we provide additional wastewater conveyance capacity, and we needed to look at a couple of items. One, where is the best place to collect the wastewater. We call that our service point. Where should we send the wastewater, and then how to get it there, just what route should the pipeline take. This slide shows kind of the families of alternatives that we identified for conveying flows exceeding I-GV-461's capacity. And, again, we're not replacing 1-GV-461i we're look at ways to convey flow in excess of its capacity. We looked at maintaining the existing service point at Meter 120 here and taking some of the flow that currently goes to that point, and also will in the future, and sending it to the east, routing ADAMS COURT REPORTING, 763-421-2486 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 it to the east, or to the south or to the north. And then we also looked at some a lot of the flow will be generated, you know, in this area and what if we added a new service point. And we looked at alternatives that would route that flow to the north. With these alternatives to the east, the point where we would connect with our system, we would route a pipeline and connect to this I-MN-320 farther to the east in Minneapolis. When we looked at these families going to the north, we looked at connecting to a point on I-GV-461 down in this area where there is increased capacity. South, we looked at conveying the flow to an interceptor that goes through Minneapolis called the Hopkins forcemain. In this area we actually looked at two places where we could discharge the wastewater to one of our facilities. One, we looked at routing a pipeline and connecting up with l-GV-461 in this area, ADAMS COURT REPORTING, 763-421-2486 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 and then we also looked at connecting with the Plymouth forcemain. This green line here. This figure shows the -- all of the alternatives that we evaluated, and I won't go into details in this presentation about all of the alternatives. I'd be happy to stay and talk with you after the presentation about any of them. We believe that we've -- we've evaluated a full spectrum of alternatives, looking at how we would provide additional service. Once we identified alternatives, we evaluated them using set criteria. We looked at nonmonetary factors, including permitting, geotechnical risks, environmental impacts, utility conflicts, potential impacted parcels and other risks, and then we also evaluated the alternatives on a monetary basis. In terms of the nonmonitary evaluation, I want to go back to kind of these families and just talk about those. We looked at maintaining the existing ADAMS COURT REPORTING, 763-421-2486 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 service point here, taking some flow and conveying it east. What we found is that based on the available information, there are very poor soils to the east, routing it through this chain of lakes area, and also that in some areas the actual route was very constricted. Just not enough room for the pipeline size here. Going to the south, the interceptor that we looked at, the Hopkins forcemain, just didn't have the capacity for the flows that we needed to convey. For these going north, they're generally difficult routes to get through that area, and another complicating factor was, although we could take the flow here, there's a bottleneck in this area on 1-MN-320, so we would have to increase capacity there, too, and it winds up becoming very expensive. Looking here, routing north, I mentioned there were two places, kind of two directions to go. If we headed towards that I-GV-461, we have sort of the same problems. Some difficult routes, but also we would ADAMS COURT REPORTING, 763-421-2486 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 have -- run into this bottleneck and have some expensive projects. If we take the flow from here north, we considered that the route -- we have a feasible route and that we don't run into the issue of the bottleneck here. We take it to the Plymouth forcemain, where there is sufficient capacity for the growth that we're projecting now and into the future. Looking at the monetary evaluation, just using the same sort of categories, we eliminated the route to the south. We did not do cost estimates just because we don't have enough capacity looking to the south. Those routes from the existing service point to the north, what we found was present worth cost was about 35 to 47 million for those. We estimated for each of these alternatives, we estimated their design and construction costs, the annual operation and maintenance costs, and then the total present value, which is a way that we can blend construction and then operation costs. ADAMS COURT REPORTING, 763-421-2486 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I'm focusing on the total present worth cost for comparison. That's the basis that we used. So those routes to the north, the present worth ranged from 35 to 47 million. For the route to the east, through that chain of lakes area, the total present worth of the project was estimated at about $60 million. And adding a service point and routing it to the north to 461 and then through I-MN-360, the cost ranged from 42 to 110 million dollars for those alternatives. And finally, adding a service point and then routing flow to the Plymouth forcemain, the present worth was estimated at $24 million. So our present worth ranged from $24 million to $110 million depending on the alternatives, with the lowest being the alternative 5B, which is $10 million lower than the next lowest alternative of about $35 million. So clearly it had the lowest present worth cost. ADAMS COURT REPORTING, 763-421-2486 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Our recommended alternative is alternative 5B. It's the alternative where we would provide a new service point in addition to our existing service point, building a lift station somewhere in the vicinity of the southwest quadrant of Highway 100 and 394. Route about an IS-inch forcemain north, crossing 394, tunneling under 394. We have two possible route alternatives that we'll evaluate during design. One is to continue along Turners Crossroad straight up. Another is to go to the west just a little bit and route it -- the pipeline along Xenia. So we have some route alternatives in this area. At Glenwood, both alternatives follow the same route along Turners Crossroad. We would continue along Turners Crossroad to Highway 55, tunnel under 55, and connect with the Plymouth forcemain just to the east -- just to the west of Highway 100. The advantages of this alternative include no unusual permitting, less ADAMS COURT REPORTING, 763-421-2486 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 geotechnical risk compared to other alternatives, lower impact on environmentally sensitive areas such as wetlands, lower utility conflict, and a route that follows predominantly public right-of-way. And especially the alternative along Xenia is predominantly along public right-of-way, so it minimizes business or residential impacts. Where do we go from here? We're holding this public hearing today to gather comments on the project, and we will address those comments in our facility plan as we finalize that facility plan. The public comment period concludes, and Tim will talk more about this, February 8th, so we'll gather those and address those and then complete our Draft Facility plan, present that in February to the Metropolitan Council where they will act on that plan. In March we will submit the Draft Facility Plan to the Pollution Control Agency, and they will, in turn, issue a public notice of environmental assessment. ADAMS COURT REPORTING, 763-421-2486 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 1~ 17 18 19 20 21 22 23 24 25 That's a process that they take, that they manage. There is a draft environmental assessment worksheet in the report so you can take a look at that. They will take that and issue that. There's a public comment period associated with that also. And then finally the -- after the peA has completed that process, they will act to approve or not the facility plan. In terms of the overall project schedule, the design phase is scheduled to begin June of this year and continue on through 2011, with the construction phase beginning in 2012 and ending early 2013. I'll turn it over to you for funding. MR. O'DONNELL: Okay. Thank you, Deborah. What I'd like to do is just quickly cover the funding for a project like this. Our projects are funded by bonds and Public Facilities Authority loans, and these are paid by regional sewer connection fees and user fees. A project like this with a cost of ADAMS COURT REPORTING, 763-421-2486 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 22 to 24 million dollars, we're looking at a one-time increase of approximately $46.67 per unit for a new connection to the sewer system. We're also looking at an increase of about .65 cents per year per household region-wide for 20 years, and that's based on average annual water usage. So these fees represent the impact of the costs, and as I said earlier, there are no direct assessments to property owners adjacent to the -- to the project. Next slide. Just to quickly go over the public participation opportunities that we've held so far. We've discussed the project with both city staff in Golden Valley and in St. Louis Park. We've had presentations for the Golden Valley City Council. We have The Draft Facility Plan has been available for the last month or so for the public to review. We held a public information meeting here at Golden Valley City Hall on January 6, 2010, and then again tonight we're holding the public hearing. As we move forward with the -- with ADAMS COURT REPORTING, 763-421-2486 21 1 2 3 4 5 6 7 B 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the project through the approval stage, and then into design and construction, we'll also be holding public participation opportunities for you. During the design phase, we'll be determining where the pipe routes will go, pumping station locations, et cetera. And if there are easements needed from private property owners, we'll be in contact with them as well. As we get into the pre-construction area, we'll hold public information meetings to talk about the construction schedule and any other impacts that the construction would carry as well. And then once we're' into construction, we typically provide periodic updates to the residents to explain the progress that we're making on the project. And also, if there's any change in things like traffic patterns or streets that are open or closed or whatever, we'll let residents know far enough in advance of changes like that. And then any time through the ADAMS COURT REPORTING, 763-421-2486 22 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 process through design, construction, you can contact Metropolitan council Environmental Services staff as well. My name and contact information is listed on most of the materials here tonight but especially on the agenda. Okay. At this time we'll open it up to comments on the Draft Facility Plan. Anybody in the audience who would like to make a comment, please come up to the podium. If you would, please, give your name and spell your name. MR. SARELL: speak here? MR. O'DONNELL: Court reporter, would you speak him to speak into the microphone? COURT REPORTER: Yes, please. MR. SARELL: Testing. MS. MANNING: I turned it off. MR. SARELL: Thank you. Hi, my name is Dennis Sarell. MR. O'DONNELL: Dennis, would you spell your last name for us, please. MR. SARELL: S-a-r~e-l-l. ADAMS COURT REPORTING, 763-421-2486 23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. O'DONNELL: Okay. MR. SARELL: I'm actually a resident of Maple Grove, but I represent Golden Valley Lutheran Church, which I believe I know on the map it might be hard to see for some. I think the proposed route looks like it goes right along Turners just before Glenwood. MS. MANNING: One does, yeah. MR. SARELL: Yeah, number one. So I guess the question was, is it going to follow -- I think -- I think Turners is kind of split there at 300 feet. The road used to be there but they put a sidewalk now from from Glenwood to -- I believe it's Laurel. I want to -- Yeah. Well, it goes up -- it's about, I think, 300 feet from where our parking lot is. Would -- would the proposed route follow the sidewalk there or -- I know the maps aren't as -- MR. O'DONNELL: Deborah, is that something that we can answer at this point or is that something that we're going to determine as we start designing the project, ADAMS COURT REPORTING, 763-421-2486 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the exact location of the pipeline? MS. MANNING: We'll be determining the exact location during the design phase of that. We also have two routes, one of which does not follow the area that you're talking about. MR. SARELL: Yeah. MS. MANNING: So you're just referring to the one that does? MR. SARELL: Yep. MS. MANNING: And so at this point we aren't able to say exactly where it would be located more than we're able to depict on the maps on the boards. MR. SARELL: Because I'm actually just a new member of our -- I should say on the Board of Deacons, a new member there. So I'm not even sure. I believe there's land on the other side of the sidewalk that is owned by the church. I'm not sure of that, though, so that's why I was curious. If it did, would it follow the sidewalk or maybe easements would be needed in that case? MR. O'DONNELL: Those -- those kinds ADAMS COURT REPORTING, 763-421-2486 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 , 25 25 of issues we'll take a close look at when we get into design, and we'll be in contact with you or other administrators at the church MR. SARELL: Okay. MR. O'DONNELL: as we're looking at potential routes that might affect your property. MR. SARELL: Okay. I guess the other question I know that -- I'm sure the board will ask, what -- are there any up front costs other than what I think was stated on that slide earlier? MR. O'DONNELL: No. There won't be any costs -- there won't be any direct costs to the property owners such as the church. Like I said, we collect sewer user fees from the whole metropolitan area, about 2.7 million sewer users, and from that pool of money, we can fund projects such as this. So the only -- the only impact on property owners is a small increase each year in your sewer bill, and in this case it was in the 65 or 70 cent range. That represents the cost of this project. ADAMS COURT REPORTING, 763-421-2486 26 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 We have multiple projects going on throughout our system this year, next year, and in coming years, but we're also retiring debt on projects that we financed in the previous 20 years or so. So we have a balancing of paying off old debt, taking on new debt, and the bottom line is that we're trying to keep our budget increases to about the rate of inflation or slightly higher to address rehabilitation needs like this in our sewer system and to add capacity where we need to as well. So, again, no direct cost implication to you as a property owner -- MR. SARELL: Okay. MR. O'DONNELL: other than what you and every resident and business owner -- MR. SARELL: Sure. MR. O'DONNELL: in the metro area will feel with small, small increases in their sewer bills. MR. SARELL: Okay. The other question I just thought of is, I think What was the proposed date, 20 -- or 2012, I think. We are contemplating, nothing is ADAMS COURT REPORTING, 763-421-2486 27 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 presented yet, but we're contemplating on building an expansion possibly there. If it happens to coincide at the same time with the sewer project, can -- can vehicles be driven over that or is there any kind of concerns there as far as heavy equipment? I'm not sure how long this takes. MR. O'DONNELL: Deborah, can you MR. SARELL: This will probably not, you know, be at the same time but we don't know. MS. MANNING: So your concern is having your church under an expansion -- MR. SCHWARZ: Yes. MS. MANNING: -- and coordinating that construction or the construction impacts, I guess. We -- we run into that situation in many locations. We work to coordinate the construction so that both projects can proceed or we determine what needs to be done in order so that one doesn't impact the other negatively anyway. So we run into those situations, and we'll need to understand your schedule and determine how to deal with that. ADAMS COURT REPORTING, 763-421-2486 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. SARELL: Okay. I think that's all I can think of right now. MR. O'DONNELL: Okay. MR. SARELL: Thank you. MR. O'DONNELL: Thank you for your comments. Is there anybody else who would like to make comments? MS. BEACH: Hi, I'm Jean Beach. And my question is more to Linda Loomis than maybe to the -- to your group. The City has three fire stations and one sits right on Turners Crossroad and Laurel Avenue, and certainly -- At one time there was a road on Turners that is now the sidewalk that we were just talking about, and you have fire trucks that need to get out. At the moment they go on Laurel to Xenia and come out. So what are you going to do during construction and is -- does the City have any -- I've heard a rumor that station two might go someplace else, and I guess I'm just wondering, in terms of response time for fire trucks, since we put the sidewalk ADAMS COURT REPORTING, 763-421-2486 29 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 in and got rid of the road, response times are slower, and I guess just how is that all going to be worked out or played or whatever? MAYOR LOOMIS: Do you want me to answer that? MR. O'DONNELL: Yes, Mayor Loomis, if you would like to respond, please. Thank you. MAYOR LOOMIS: Sure. Well, I suspect that we'll be working with the Met Council to coordinate and make sure that we have access to the fire station and -- or that we have other stations on alert during the periods of time where it might be difficult for the fire trucks to get out of that station. Other than that, I -- I don't know of any plans to move that station. I know it's been talked about in the past, but right now the City doesn't have any plans in our capital improvement plan for the next five years to move that station so. MS. BEACH: Okay. I guess, have you thought about re-putting that road in for ADAMS COURT REPORTING, 763-421-2486 30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the fire trucks to use? MAYOR LOOMIS: You know, I guess we haven't talked I was just talking to the city engineer over there about whether we still have an easement or whether we vacated the street through there or not. I mean, if we didn't vacate the street, it shouldn't be a problem to bring the sewer line up there. Otherwise we've probably got an easement. So it won't be a problem there either most likely. So, no, we haven't talked about doing that with that street. r know that response time in some of the neighborhoods has been a little slower because of that, but r think overall the insurance ratings have stayed pretty much the same, and that's one of the things that they look at, is the response times when they because that impacts your homeowner's insurance so. r hope -- Did I answer it? Thanks. MR. SCHWARZ: Tim, r can maybe add a little bit to that, too. During the construction, especially ADAMS COURT REPORTING, 763-421-2486 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 on fire stations or any emergency facilities, we work into the plans that there's temporary roads built around construction or there are provisions made during the construction so the access is maintained, and that's very -- that's a very important part of the design of those sections of pipeline. So we definitely will take that into account. MS. BEACH: Have you guys gone and actually looked at that proposed area of Xenia and Turners Crossroad? Have you actually been to the site, looked at the road, looked at the sidewalk? I mean, on Xenia there is a divided -- a divided road. You've got one lane. I don't know how you go -- you know, I'm -- I don't know how you put a temporary road on something like that. MR. O'DONNELL: Deborah, can you respond to that, please? MS. MANNING: We have looked at the sites and the routes many times. MS. BEACH: Okay. MS. MANNING: And have also looked at what the easements are along routes and ADAMS COURT REPORTING, 763-421-2486 32 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 utilities and a lot of those factors. At this point, again, we need to get into the design phase to work through those sorts of details of even where we're going to put the pipeline, where -- what traffic impacts it has in a specific area. We need to move the project a little farther along in order to be able to speak to those. MS. BEACH: Okay. MR. O'DONNELL: Are there any other comments anybody would like to make on this project? Okay. Since there are no further comments, I would just like to take a minute to remind you that copies of the Draft Facility Plan will remain available for the public to review through the public comment period. They're available here at the city hall in Golden Valley and St. Louis Park City Hall, also the public libraries in those two cities, and at the data center at the Metropolitan Council building in downtown St. Paul. The addresses for those buildings are listed on the back of your agenda. ADAMS COURT REPORTING, 763-421-2486 33 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Also, I'd like to note that the public hearing record will remain open until 5 p.m. on February 8, 2010, and you can submit comments through any of the methods that you can see on the screen right now by e-mail, by mail, by fax, by the Council's public comment line, or by TTY, text telephone. And, again, these instructions are listed on the back of your agenda, too. I'll make one final call for comments, and hearing none, we will close MR. SARELL: I'm sorry. I was -- I just wanted to clarify. On proposed route No.1, that that sidewalk, is that kind of where the proposed -- it's going to run along the sidewalk? Is that -- I just wanted to clarify if that was -- MR. O'DONNELL: Deborah. MS. MANNING: Again, we -- we are it's too early in the stage to say exactly where it's going to be located or even if it's going to go that route. MR. SARELL: Okay. MS. MANNING: So we just can't say right now. ADAMS COURT REPORTING, 763-421-2486 34 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. O'DONNELL: Okay. Hearing no further comments, I will close the public hearing, and I thank you for coming. I will also note, though, that our staff of consultants will stay after for a short time. If you have individual questions that you'd like to ask them, please feel free to do so. And the display boards can probably help you see a little bit clearer the routes that we're looking at. Thank you. (Public hearing concluded at 5:54 p.m. ) ADAMS COURT REPORTING, 763-421-2486 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ~ 25 35 STATE OF MINNESOTA) COUNTY OF HENNEPIN) I, JACKIE YOUNG, Certified Court Reporter, do hereby certify that the foregoing transcript consisting of thirty-three pages is a true and correct reproduction of my steno notes taken in said matter. Dated this 3rd day of February, 2010. Jackie Young, Court Reporter ADAMS COURT REPORTING, 763-421-2486 Page 1 of 1 Odonnell, Tim From: Odonnell, Tim Sent: Friday, February 05, 2010 9:17 AM To: 'Mark&Lori Heilman' Cc: Manning, Deborah~ Schwarz, Jeffrey Subject: RE: Comments - Proposed Golden Valley..st.Louis Park Regional Sanitary Sewer Improvements Hello Mr. and Ms. Heilman- Thank you for attending our public information meeting on January 6, 2010, and for providing these comments. As we proceed with design of the project in 2010 and 2011, we will address the items you note as we determine the exact location of the pipe and what we can do to maintain ac~ss for residents on Turners Crossroad. We will hold another pUblic information meeting to keep property owners up to date during our design process, and will also hold meetings and provide written updates before and during construction. Construction is planned for 2012 to early 2013, though only a portion of that time will be spent along your section of Turners Crossroad. Regards. Tim Tim O'Donnell Senior Information COordinator /Project Citizen liaison Metropolitan Council Environmental Services tim.odonnell@metc.state.mn.us Office: 651--602-1269 Fax: 651-602-1477 Cell: 952-451-4689 From: Mark&Lorl Heilman [mallto:hellmangv@c:omcast.net] Sent: Saturday, January 23, 2010 7:55 PM To: Odonnell, Tim Subject: Comments - Proposed Golden Valley-St. Louis Park Regional Sanitary Sewer Improvements Thanks for your meeting in Golden Valley on January 6th. The new line will be running In front our house on Turners Crossroad-Olson Memorial Hwy. As the meetings continue and the final dedsion is made as where to run th~ new sewer line we would strongly encourage you to run it the side of the street where the sound wall is. If you do need to tear up the road, we would request a parking lane and something to slow the traffic down on the frontage road. . I'm guessing we'll hear more from you and the city prior to the final plans. Mark and Lori Hellman 505 Turners Crossroad N Golden Valley; MN 55422 763-593-2910 2/5/2010 Tim O?Donnell, MCES Senior Infonnation Coordinator, spoke on the phone on January 26,2010, with Marilyn Henken of 5520 Loring Lane, Golden Valley (northeast comer of the intersection of Turners Crossroad and Loring Lane). Ms. Henken wanted to know how long the construction would last and how much it would increase her taxes. Mr. O'Donnell explained that construction of the new sewer is planned for 2012 to early 2013, but that the excavation and installation of the pipe would only take about a couple of weeks along her block. There would be no increase in Ms. Henken's taxes, because MCES finances construction projects like this through. sewer user fees collected from throughout the Twin Cities metropolitan area. Tim OtDonnell, MCES Senior Information Coordinator, spoke with Ms. Mazone about her questions (in e-nuill below) at the public information meeting on January 6,2010. He told her that as we proceed with design of the project in 20 I 0 and 20 II, we will determine where the new pipe will be installed (which side of the street or in the street). That decision will help us determine the extent to which we can keep the street and . driveways open for local residents. We will hold ~ public information meeting later in the design process to update property owners on issues such as this, and will hold additional meetings and provide written updates before and during construction. Ms. Mazone informed us that she is disabled, and needs to park in her garage or driveway. We explained that we will take that into account during project design and construction, and will work to minimize impact on her driveway. From: Denise Mazone [mailto:mazone@umn.edu] Sent: Tuesday, January 05, 2010 12: 18 PM To: datacenter Cc: dmalOne@aol.com; 'Deanna MalOne' SUbject: Proposed Golden Valley/SlP Regional Sanitary Sewer Improvements Tim, I am the homeowner at 5500 Woodstock Ave N, Golden Valley. I am at the comer of Turner's Crossroad and Woodstock Ave No - my house faces Turner's Crossroad. How willi access my property once the construction begins? What impact will this project have on my property? Denise M. Mazone Leasing Specialist University of Minnesota 424 Donhowe Building 319 - 15th Avenue SE Minneapolis, MN 55455 (612) 626-3445 (612) 624-6345 (fax) email: mazone@umn.edu l.- Page 1 of2 Odonnell, Tim From: Odonnell, Tim Sent: Thursday, February 04,2010 11 :49 AM To: 'gm@homewoodslp.com' Cc: Manning, Deborah; Schwarz, Jeffrey Subject: RE: Regional Sanitary Sewer Improvements for Golden Valley and St Louis Park Hello Ms. Crompton - Thank you for your note regarding Metropolitan Council Environmental Services' sewer improvement plans near Homewood Suites in St. Louis Park. We are just beginning the design phaSe of this project, and expect to develop more details later this year and into 2011. We are planning construction for 2012 through early 2013, though only'a portion of that time will be spent along Wayzata Blvd. We will contact you as our design work proceeds so that you can help us identify your acCesses and discuss your access requirements. During sewer construction projects like this, we work with businesses to keep at least one access open at all times or construct a temporary access if necess'ary. When the construction is complete, we will restore the area to its pre- construction condition. Regards, 11m 11m O'Donnell Senior Information Coordinator /Project Citizen Liaison Metropolitan Council Environmental Services tim.odonnelI@metc.stat~.mn.us Office: 651-602-1269 Fax: 651-602-1477 Cell: 952-451-4689 From: O'Connell, Pat On Behalf Of datacenter Sent: Thursday, January 28, 2010 7:54 AM To: Odonnell, Tim Subject: FW: Regional Sanitary Sewer Improvements for Golden Valley and St. Louis Park From: Holly Cr~pton. [mailto:gm@homewoodslp~com] sent: Wednesday, January 27,20106:08 PM To: datacenter Cc: 'Holly Crompton' SUbject: Regional Sanitary Sewer Improvements for Golden Valley and St. Louis Park Hello - I was planning on attending the meeting tonight, but I was unable to attend due to a last minute commitment. I am the General Manager of the Homewood Suites in St. louis Park and I was wondering if I could get a little. more information on this. My biggest question that I.have is when wlll they actually plan to start the construction ofthis, and will this cause the hotel to have any access interruptions into the entrance/exit of the property? Please let me know at your earliest convenience. I appreciate your time. 2/4/2010 ,. Page 2 of2 Thanks and have a great dayll With Hospitality, Holly Crompton General Manager ITel: 952.544.0495IFax: 952.544.0497 Homewood Suites Minneapolis 15305 Wayzata Blvd. 1 St. Louis Park, MN E.mail: g.!!l@'!JJlm!J.wgf!..d.~A~Q!lJ 1 Web: .lLtt/llL/www.hol11ewoods..u.ites..f.9../J1 Professionally managed by Torgerson Properties lw.w.w. T1!rg~onPropertl:~col!1 2/4/2010 J // ) , I //____ ~ /1' " il I \ I i / /- ~ ~-- ( I I ( + 1 t J -../ ./ i (' I f ~ I [ ~ l' J .t I I I J I I I I J I I I !"I- I w-" 1 ~ t "...."..,I-",.,.~ J- ---t-~ \~ , _J '_....l~g. 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