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03-02-10 CC Agenda Packet AGENDA Regular Meeting of the City Council Golden Valley City Hall 7800 Golden Valley Road Council Chamber March 2, 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 PAGES 2. ADDITIONS AND CORRECTIONS TO AGENDA 3. CONSENT AGENDA Approval of Consent Agenda - All items listed under this heading are considered to be routine by the City Council and will be enacted by one motion. There will be no discussion of these items unless a Council Member or citizen so requests in which event the item will be removed from the general order of business and considered in its normal sequence on the agenda. A. Approval of Minutes - City Council Meeting - January 19, 2010, City Council Meeting - February 3,2010, and City Council Meeting - February 16, 2010 B. Approval of Check Registers: 1. City 2. Housing and Redevelopment Authority C. Licenses: 1. Gambling License Exemption and Waiver of Notice Req uirement - Church Of Christ The King 2. Solicitor's License - The Window Store, Home Improvements, Inc. D. Minutes of Boards and Commissions: 1. Bassett Creek Watershed Management Commission - January 21, 2010 2 Environmental Commission - January 25, 2010 3. Planning Commission - January 25, 2010 4. Envision Connection Project Board of Directors - January 21, 2010 E. Bids and Quotes: 2010 Pavement Management Program 1. Award Contract to Northwest Asphalt for the construction of 2010 PMP Project No. 10-1 2. Authorize Agreement with SEH, Inc. for Construction Observation and Engineering Services 3. Authorize Construction Agreement with Xcel Energy for Relocation of Decorative Streetlights F. Call for Public Hearing - Special Assessments - 2010 Pavement Management Program - April 6, 2010 G. Acceptance of Cash Donation - Brookview Men's Golf Association 10-17 H. Receive and File Letter From Three Rivers Park District Regarding Winter Trail Maintenance 4. PUBLIC HEARINGS 7 PM 5. OLD BUSINESS A. Second Consideration - Ordinance #430 - Amending Section 4.20 Regarding Sign Permits and Regulations in the 1-394 Mixed Use Zoning District and Approve Summary Publication 6. NEW BUSINESS A. Announcements of Meetings B. Mayor and Council Communications 7. ADJOURNMENT Regular Meeting of the City Council January 19, 2010 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Golden Valley, Hennepin County, Minnesota was held at 7800 Golden Valley Road in said City on January 19, 2010 at 6:30 pm. The following members were present: Freiberg, Loomis, Pentel, Scanlon and Shaffer. Also present were: Thomas Burt, City Manager; Jeannine Clancy, Director of Public Works; Allen Barnard, City Attorney; and Judy Nally, Administrative Assistant. Fire Department Retirement - Firefighter Tom Warzetha Mark Kuhnly, Chief of Fire and Inspection Services, introduced retired Firefighter Tom Waretha and presented them with a Certificate of Retirement. The Council thanked Tom Waretha for his years of dedicated service to the community. Firefighter Oath of Office - Sarah Auel, John Bean, Marc Berris, Eric Boe, Andrew Gerling and Brent Hadoff Mark Kuhnly, Chief of Fire and Inspections Services, introduced the newest Firefighters Sarah Auel, John Bean, Marc Berris, Eric Boe, Andrew Gerling and Brent Hadoff. Mayor Loomis gave the oath of office to Firefighters Sarah Auel, John Bean, Marc Berris, Eric Boe, Andrew Gerling and Brent Hadoff. The Council congratulated Firefighters Auel, Bean, Berris, Boe, Gerling and Hadoff. Approval of Agenda MOVED by Pentel, seconded by Scanlon and motion carried unanimously to approve the agenda of January 19, 2010 as submitted. Approval of Consent Agenda MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve the agenda of January 16, 2010 as amended: removal of Authorization to Sign Agreement with WSB & Associates, Inc. for Country Club Pond Excavation and Stream Bank Stabilization. *Approval of Minutes - Special City Council Meeting - December 8, 2009 and Council/Manager Meeting - January 12, 2010 MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve the Special City Council Meeting minutes of December 8, 2009 and the Council/Manager Meeting minutes of January 12, 2010 as submitted. Regular Meeting of the City Council January 19, 2010 Page 2 *Approval of Check Registers MOVED by Pentel, seconded by Shaffer and motion carried unanimously to authorize the payment of the City and Housing and Redevelopment Authority bills as submitted. *Gambling License Exemption and Waiver of Notice Requirement - Tuberous Sclerosis Alliance MOVED by Pentel, seconded by Shaffer and motion carried unanimously to receive and file the gambling license exemption and approve the waiver of notice requirement for Tuberous Sclerosis Alliance. *Minutes of Boards and Commissions MOVED by Pentel, seconded by Shaffer and motion carried unanimously to receive and file the minutes as follows: Joint Planning Commission/City Council Meeting - November 9, 2009 Planning Commission - November 23, 2009 Human Services Foundation - October 12, 2009 Basset Creek Watershed Management Commission - November 18, 2009 *Golf Carts - Bids MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve the purchase of sixty golf carts and trade in Brookview's current fleet of fifty golf carts, from the lowest responsible bidder, Yamaha Golf & Utility Inc. for $135,000. The quotes are as follows: Yamaha Golf & Utility Inc. Versatile Vehicle Inc. $135,000 150,890 *City Newsletter Printing/Mail Handling - Quotes MOVED by Pentel, seconded by Shaffer and motion carried unanimously to authorize the printing and mail handling for six issues of the City newsletter from January 2010 through January 2011 to the lowest responsible bidder, Leffler Printing for $19,788. The quotes are as follows: The John Roberts Company Leffler Printing Express Press Brooklyn Printing Church Offset Printing Nystrom Publishing $19,320.00 did not bid specified paper stock $19,788.00 $19,894.80 did not bid specified paper stock $21,750.00 $22,134.00 $22,147.92 Regular Meeting of the City Council January 19, 2010 Page 3 *City Newsletter Printing/Mail Handling - Quotes - Continued Universal Printing MLB Printing The John Roberts Company Express Press Custom Business Forms Universal Printing The John Roberts Company Presswrite Printing & Design $22,200.00 did not bid specified paper stock $23,350.00 did not bid specified paper stock $22,380.00 $22,852.50 $23,640.00 $24,318.00 $24,708.00 $27,000.00 *Authorization to Sign Consulting Agreement Amendment Three with Center for Energy and Environment Consulting for Housing Rehabilitation Program MOVED by Pentel, seconded by Shaffer and motion carried unanimously to authorize the Mayor and City Manager to sign Amendment Three to the Consulting Agreement with the Center for Energy and Environment. *Support for Administrative Fee Increase for Deputy Registrars Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 10-8 RESOLUTION SUPPORTING A FEE INCREASE FOR DEPUTY REGISTRARS The motion for the adoption of the foregoing resolution was seconded by Member Shaffer and upon a vote being taken thereon, the following voted in favor thereof: Freiberg, Loomis, Pentel, Scanlon and Shaffer; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and her signature attested by the City Clerk. *Authorization for Submittal of Energy Efficiency and Conservation Block Grant Program Application Process Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 10-9 RESOLUTION AUTHORIZING PARTICIPATION IN THE ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT PROCESS The motion for the adoption of the foregoing resolution was seconded by Member Shaffer and upon a vote being taken thereon, the following voted in favor thereof: Freiberg, Loomis, Pentel, Scanlon and Shaffer; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and her signature attested by the City Clerk. Regular Meeting of the City Council January 19, 2010 Page 4 Authorization to Si~n Agreement with WSB & Associates, Inc. for Country Club Pond Excavation and Stream Bank Stabilization Council Member Freiberg wanted to make approval of the agreement contingent upon getting funding from the Bassett Creek Watershed Management Commission. Council Member Scanlon stated that she has heard from residents in the area who have expressed concern over the unsightly condition of the County Club near their staging area on Pennsylvania Avenue North and Plymouth Avenue and requested that staff contact the Country Club. Jeannine Clancy answered questions from the Council. MOVED by Freiberg, seconded by Scanlon and motion carried unanimously to authorize the City Manager sign the agreement with WSB and Associates, Inc. for engineering services for the Country Club pond excavation and stream bank stabilization for $23,500, contingent on receiving funding from the Bassett Creek Watershed Management Commission. Staff was directed to contact the Golden Valley Country Club to convey the Council's concerns regarding the maintenance of the north area of the Club. *Authorization to Si~n Contract Renewal with Embedded Systems, Inc. for Tornado Siren Maintenance MOVED by Pentel, seconded by Shaffer and motion carried unanimously to authorize the City Manager to sign the 2010 contract renewal with Embedded Systems, Inc. for tornado siren maintenance for $3,187. *Authorization to Sign Patrol Officer (LELS Local 27) Agreement MOVED by Pentel, seconded by Shaffer and motion carried unanimously to authorize the Mayor and City Manager sign the 2010 Patrol Officer agreement. *Council Liaisons and Other Assignments MOVED by Pentel, seconded by Shaffer and motion carried unanimously to make the following appointments: Council Liaisons Board of Zoning Appeals Civil Service Commission Environmental Commission Human Rights Commission Human Services Foundation Open Space and Recreation Commission Planning Commission Shaffer, Pentel Freiberg Pentel, Loomis Scanlon, Freiberg Scanlon, Freiberg Scanlon, Shaffer Freiberg, Shaffer Regular Meeting of the City Council January 19, 2010 Page 5 *Council Liaisons and Other Assignments - Continued Other Assiqnments Bottineau Transitway Policy Advisory Committee Golden Valley Historical Society Board Member Hopkins School District 270 Cities Joint Monthly Meetings 1-394 Joint Task Force Joint Water Planning and Governance Task Force Legislative Liaison and Spokesperson Metro Cities Northwest Hennepin Human Services Council Executive Board Northwest Metro Transit Study Task Force Northwest Suburbs Cable Communications Commission Northwest YMCA Board of Directors Robbinsdale School District 281 Government Advisory Committee Pentel Freiberg Loomis Pentel, Loomis Loomis, Shaffer Loomis Shaffer, Delegate Loomis, Alternate Pentel Scanlon Shaffer Scanlon Scanlon Authorization to Sign Request and Termination Letters for Dispatch Services Stacy Altonen, Police Chief, introduced the agenda item and answered questions from the Council. Thomas Burt answered questions from the Council. MOVED by Pentel, seconded by Freiberg and motion carried unanimously to authorize the Mayor and/or City Manager to sign the request for dispatch services letter to the Hennepin County Commissioners and the dispatch services termination letter to the City of St. Louis Park. Announcements of Meetings A Bassett Creek Water Management Commission will be held on January 21, 2010 at 11 :30 am. Some Council Members may attend the Legislative Breakfast on January 23, 2010 at 8:30 am at Crystal City Hall. The Metropolitan Council Environmental Services will be holding a public hearing on January 27, 2010 at the Golden Valley City Hall at 5 pm regarding the regional sanitary sewer system. Some Council Members may attend the Robbinsdale Area Schools Divestiture Plan Advisory Committee Public Information Meeting on January 28, 2010 at 7 pm at the Plymouth Middle School. The Bridge Builders Quarterly meeting will be held on January 30, 2010 at 10 am at the Minneapolis Crisis Nursery. Regular Meeting of the City Council January 19, 2010 Page 6 Announcements of Meetings - Continued Some Council Members may attend the We All Count Ceremony on January 30, 2010 at 2 pm at the Brookview Community Center. Precinct Caucuses will be held on February 2, 2010 at various locations. The next City Council meeting will be held on Wednesday, February 3, 2010 at 6:30 pm. A Council Workshop will be held on February 6, 2010 at 9 am at the Brookview Grill. Mayor and Council Communications No action and/or discussion took place. Adiournment The Mayor adjourned the meeting at 7: 16 pm. Linda R. Loomis, Mayor ATTEST: Judy Nally, Administrative Assistant Regular Meeting of the City Council February 3, 2010 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Golden Valley, Hennepin County, Minnesota was held at 7800 Golden Valley Road in said City on February 3, 2010 at 6:30 pm. The following members were present: Freiberg, Loomis, Pentel, Scanlon and Shaffer. Also present were: Thomas Burt, City Manager; Allen Barnard, City Attorney; and Judy Nally, Administrative Assistant. Approval of Aaenda MOVED by Scanlon, seconded by Freiberg and motion carried unanimously to approve the agenda of February 3, 2010 as submitted. Approval of Consent Aaenda MOVED by Pentel, seconded by Scanlon and motion carried unanimously to approve the agenda of February 3,2010 as amended: Addition of City Gambling License, Plymouth Lions at JJ's Clubhouse and Removal of Approval of 2010 Legislative Policies. *Approval of Minutes - City Council Meetina - December 15.2009 MOVED by Pentel, seconded by Scanlon and motion carried unanimously to approve the City Council Meeting minutes of December 15, 2009 as submitted. *Approval of Check Reaister MOVED by Pentel, seconded by Scanlon and motion carried unanimously to authorize the payment of the City bills as submitted. *Gamblina License Exemption and Waiver of Notice Requirement - Kenwood Community School Parent-Teacher Association MOVED by Pentel, seconded by Scanlon and motion carried unanimously to receive and file the gambling license exemption and approve the waiver of notice requirement for Kenwood Community School Parent-Teacher Association. *Gamblina License Exemption and Waiver of Notice Requirement - Minneapolis Jewish Federation MOVED by Pentel, seconded by Scanlon and motion carried unanimously to receive and file the gambling license exemption and approve the waiver of notice requirement for Minneapolis Jewish Federation. Regular Meeting of the City Council February 3, 2010 Page 2 *Minutes of Boards and Commissions MOVED by Pentel, seconded by Scanlon and motion carried unanimously to receive and file the minutes as follows: Planning Commission - January 11, 2010 *Authorization to Sian Amended and Restated Joint and Cooperative Aareement for Leasina of Self-Contained Breathina Apparatus Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 10-10 RESOLUTION AUTHORIZING ENTERING INTO AMENDED AND RESTATED JOINT AND COOPERATIVE AGREEMENT FOR LEASING AND USE OF SELF-CONTAINED BREATHING APPARATUS (SCBA) The motion for the adoption of the foregoing resolution was seconded by Member Scanlon and upon a vote being taken thereon, the following voted in favor thereof: Freiberg, Loomis, Pentel, Scanlon and Shaffer; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and her signature attested by the City Clerk. *Authorizina Issuance of Certificates of Indebtedness -Purchase of Golf Carts - Brookview Golf Course Fund Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 10-11 RESOLUTION AUTHORIZING ISSUANCE OF CERTIFICATE OF INDEBTEDNESS FOR THE PURCHASE OF GOLF CARTS FOR BROOKVIEW GOLF COURSE FUND The motion for the adoption of the foregoing resolution was seconded by Member Scanlon and upon a vote being taken thereon, the following voted in favor thereof: Freiberg, Loomis, Pentel, Scanlon and Shaffer; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and her signature attested by the City Clerk. Approval of 2010 Leaislative Policies Council Pentel removed the item to inform the public of the 2010 Legislative Policies. MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve City of Golden Valley 2010 Legislative Policies. Regular Meeting of the City Council February 3, 2010 Page 3 Public Hearing - Ordinance #429 - Amending Section 11.03 and Section 11.21. Subd. 11 (A)(1 land (El Single Family Zoning District (R-1 l Allowing Decks Location within 30 Feet of Front Property Line The following ordinance was MOVED by Pentel, seconded by Freiberg: ORDINANCE NO. 429, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Amending Section 11.03 Definitions and Section 11.21, Subd. 11 (A)(1) and (E) Single Family Zoning District (R-1) Allowing Decks Location within 30 Feet of Front Property Line Mark Grimes, Director of Planning and Development; introduced the agenda item. Allen Barnard answered questions from the Council. The Mayor opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. Hearing and seeing no one, the Mayor closed the public hearing. MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve on Ordinance #429, 2nd Series. Upon a roll call vote, the vote was as follows: FREIBERG - YES LOOMIS - YES PENTEL - YES SCANLON - YES SHAFFER - YES Announcements of Meetings A Council Workshop will be held on February 6,2010 at 9 am at the Brookview Grill. The next Council/Manager meeting is February 9, 2010 at 6:30 pm. Some Council Members may attend the Golden Valley Historical Society Meeting on February 11, 2010 at 7 pm at the Golden Valley Historical Society. The City Offices are closed on Monday, February 15, 2010 in observance of Presidents Day. The next City Council meeting is February 16, 2010 at 6:30 pm. A Bassett Creek Water Management Commission will be held on February 18, 2010 at 11 :30 am. The Hopkins Education Foundation Annual Fundraising Gala will be held on February 20, 2010 at the Minneapolis Marriott Southwest. A Human Rights Commission Share the Dream Event, Tapestry on February 27,2010 from 2 to 4 pm at the Golden Valley Library. Regular Meeting of the City Council February 3, 2010 Page 4 Announcements of Meetings - Continued Some Council Members may attend the Home Remodeling Fair on February 28, 2010 from 10:30 am to 3:30 pm at the Eisenhower Community Center. The Golden Valley Historical Society Antique Road Show will be held on February 27,2010 at 1: 15 pm at Calvary. Mavor and Council Communications Mayor Loomis updated the Council on the Water Advisory Board meeting she attended on January 28, 2010. Mayor Loomis stated staff is preparing a letter to be sent to Transit for Livable Communities requesting a reevaluation of the study grant and will forward a copy to the Council. Adiournment The Mayor adjourned the meeting at 7: 11 pm. Linda R. Loomis, Mayor ATTEST: Judy Nally, Administrative Assistant Regular Meeting of the City Council February 16, 2010 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Golden Valley, Hennepin County, Minnesota was held at 7800 Golden Valley Road in said City on February 16, 2010 at 6:30 pm. The following members were present: Freiberg, Loomis, Pentel, Scanlon and Shaffer. Also present were: Thomas Burt, City Manager; Jeannine Clancy, Director of Public Works; Allen Barnard, City Attorney; and Judy Nally, Administrative Assistant. Oath of Office - Police Officer Randy Mahlen Stacy Altonen, Police Chief, introduced the newest Police Officer Randy Mahlen. Mayor Loomis gave the oath of office to Police Officer Randy Mahlen. The Council congratulated the Police Officer Mahlen. Hennepin County Sheriff Rich Stanek Stacy Altonen, Police Chief, introduced Hennepin County Sheriff Rich Stanek Sheriff Stanek gave an overview of the Sheriff's Department and answered questions from the Council. Brian Tollen, Commander of 911 Center, reviewed activities of the center and answered questions from the Council. The Council thanked Sheriff Stanek and Commander Tollen for their presentations. ApprovalofA~enda MOVED by Pentel, seconded by Scanlon and motion carried unanimously to approve the agenda of February 16, 2010 as amended. Removal of Authorization to Sign Agreement with Short Elliott Hendrickson Inc. for Watermain Rehabilitation. ApprovalofConsentA~enda MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to approve the agenda of February 16, 2010 as submitted. *Approval of Minutes - Special City Council Meetin~ - January 5, 2010, City Council Meetin~ - January 5, 2010, and CouncillMana~er Meetin~ - February 9, 2010 MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to approve the Special City Council Meeting of January 5, 2010, City Council Meeting of January 5, 2010, and Council/Manager Meeting of February 9, 2010 as submitted. Regular Meeting of the City Council February 16, 2010 Page 2 *Approval of Check Reaister MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to authorize the payment of the City bills as submitted. *Rental Property Licenses MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to authorize the issuance of licenses as recommended by Staff. *Gamblina License Exemption and Waiver of Notice Requirement - Open Arms of Minnesota MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to receive and file the gambling license exemption and approve the waiver of notice requirement for Open Arms of Minnesota. *Gamblina License Exemption and Waiver of Notice Requirement - Junior Leaaue of Minneapolis MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to receive and file the gambling license exemption and approve the waiver of notice requirement for Junior League of Minneapolis. *Gamblina License Application to Conduct Excluded Binao - Ladies Auxiliary to the Veterans of Foreian Wars Post #7051 MOVED by Shaffer, seconded by Freiberg_and motion carried unanimously to approve the gambling license application to conduct excluded bingo for Ladies Auxiliary to the Veterans of Foreign Wars Post #7051. *Minutes of Boards and Commissions MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to receive and file the minutes as follows: Environmental Commission - November 23, 2009 Envision Connection Project Board of Directors - December 17, 2009 Joint Water Commission - October 7,2009 Human Rights Commission - August 19, 2009 Open Space and Recreation Commission - November 23, 2009 Bassett Creek Watershed Management Commission - December 17, 2009 Regular Meeting of the City Council February 16, 2010 Page 3 *Sidewalk Maintenance Tractor and Attachments - Quotes MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to approve the purchase of one 2010 Bobcat Turbo Toolcat and attachments from the Minnesota Materials Management Division Contract from Tri State Bobcat, Inc. for 454,767.71 *Adoption of Fleet Operation, Maintenance, and Replacement Policy and EQuipmentlVehicle Replacement Guidelines Member Shaffer introduced the following resolution and moved its adoption: RESOLUTION 10-12 RESOLUTION AUTHORIZING APPROVAL OF THE FLEET OPERATION, MAINTENANCE, AND REPLACEMENT POLICY AND THE EQUIPMENTNEHICLE REPLACEMENT GUIDELINES The motion for the adoption of the foregoing resolution was seconded by Member Freiberg and upon a vote being taken thereon, the following voted in favor thereof: Freiberg, Loomis, Pentel, Scanlon and Shaffer; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and her signature attested by the City Clerk. *Support for Funding Request by Five Cities Senior Transportation Proiect from 2010 Consolidated Pool - Urban Hennepin County Community Development Block Grant Program Member Shaffer introduced the following resolution and moved its adoption: RESOLUTION 10-13 RESOLUTION SUPPORTING FUNDING REQUEST BY FIVE CITIES SENIOR TRANSPORTATION PROJECT FROM 2010 CONSOLIDATED POOL - URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM The motion for the adoption of the foregoing resolution was seconded by Member Freiberg and upon a vote being taken thereon, the following voted in favor thereof: Freiberg, Loomis, Pentel, Scanlon and Shaffer; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and her signature attested by the City Clerk. Regular Meeting of the City Council February 16, 2010 Page 4 *Authorization to Submit Community Development Block Grant Application for Neighbors Helping Neighbors Loans and Grants Member Shaffer introduced the following resolution and moved its adoption: RESOLUTION 10-14 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 The motion for the adoption of the foregoing resolution was seconded by Member Freiberg and upon a vote being taken thereon, the following voted in favor thereof: Freiberg, Loomis, Pentel, Scanlon and Shaffer; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and her signature attested by the City Clerk. *Annual Election for 2010 Insurance Policy Member Shaffer introduced the following resolution and moved its adoption: RESOLUTION 10-15 RESOLUTION MAKING ANNUAL ELECTIONS FOR THE 2010 INSURANCE POLICY The motion for the adoption of the foregoing resolution was seconded by Member Freiberg and upon a vote being taken thereon, the following voted in favor thereof: Freiberg, Loomis, Pentel, Scanlon and Shaffer; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and her signature attested by the City Clerk. *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 MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to 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 TH100 and intersection improvements on the east side of TH 1 00 and traffic calming along the frontage road east of TH1 00, to occur at the time building permits are applied for by Duke. Regular Meeting of the City Council February 16, 2010 Page 5 *Authorization to Sign Agreement with Short Elliott Hendrickson Inc. for Watermain Rehabilitation This item was removed from the agenda and will be discussed at the March Council/Manager meeting. *Authorization to Sign Agreement with Randolph Center, LLC d/b/a Firetec Apparatus Sales to List and Market Fire Pumper and Miscellaneous Equipment MOVED by Shaffer, seconded by Freiberg and motion carried unanimously 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. *Authorization to Sign Sergeant Contract MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to authorize the Mayor and City Manager sign the 2010 Sergeant agreement. * Appointment of Weed Inspector Mayor Loomis will appoint Josh Kunde as the Assistant Weed Inspector until January 4, 2011. *First Consideration - Ordinance #430 - Amending Section 4.20 Regarding Sign Permits and Regulations in 1-394 Mixed Use Zoning District The following ordinance was MOVED by Shaffer, seconded by Freiberg: ORDINANCE NO. 430, 2ND SERIES Amending Section 4.20 Regarding Sign Permits and Regulations in 1-394 Mixed Use Zoning District MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to approve on First Consideration, Ordinance #430, 2nd Series. Upon a roll call vote, the vote was as follows: FREIBERG - YES LOOMIS - YES PENTEL - YES SCANLON - YES SHAFFER - YES Regular Meeting of the City Council February 16, 2010 Page 6 Public Hearing - Ordinance #431 - Approval of Conditional Use Permit 126 - 7575 Golden Valley Road - Starboard Media Foundation, Applicant The following ordinance was MOVED by Pentel, seconded by Shaffer: ORDINANCE NO. 431, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Approval of Conditional Use Permit Number 126 7575 Golden Valley Road Starboard Media Foundation Inc., Applicant Brian Acker, Applicant, reviewed the application and answered questions from the Council. Joe Hogeboom, City Planner, introduced the agenda item and answered questions from the Council. Thomas Burt answered questions from the Council. John Kluchka, presented the Planning Commission report. The Mayor opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. Hearing and seeing no one, the Mayor closed the public hearing. MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve Ordinance #431, 2nd Series, as amended: 3. Each satellite dish must not exceed four meters in diameter. Upon a roll call vote, the vote was as follows: FREIBERG - YES LOOMIS - YES PENTEL - YES SCANLON - YES SHAFFER - YES Public Hearing - Ordinance #432 - Approval of Amended Conditional Use Permit 121, Amendment No.1 - 9400 Golden Valley Road - RHT Office, LLC, Applicant The following ordinance was MOVED by Freiberg, seconded by Scanlon: ORDINANCE NO. 432, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Approval of Amended Conditional Use Permit Number 121, Amendment 1 9400 Golden Valley Road RHT Office LLC, Applicant Tony Vanelli, representing applicant, reviewed the application and answered questions from the Council. Joe Hogeboom, City Planner, introduced the agenda item and answered questions from the Council. John Kluchka, presented the Planning Commission report. Regular Meeting of the City Council February 16, 2010 Page 7 Public Hearing - Ordinance #432 - Approval of Amended Conditional Use Permit 121, Amendment No.1 - 9400 Golden Valley Road - RHT Office, LLC, Applicant - Continued The Mayor opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. Hearing and seeing no one, the Mayor closed the public hearing. MOVED by Freiberg, seconded by Scanlon and motion carried unanimously to approve Ordinance #432, 2nd Series. Upon a roll call vote, the vote was as follows: FREIBERG - YES LOOMIS - YES PENTEL - YES SCANLON - YES SHAFFER - YES Public Hearing - Preliminary Plat Approval- 100 Brunswick Avenue North - Peter Miller, Applicant Peter Miller, Applicant, reviewed the application and answered questions from the Council. Joe Hogeboom, City Planner, introduced the agenda item and answered questions from the Council. John Kluchka, presented the Planning Commission report. Allen Barnard and Thomas Burt answered questions from the Council. The Mayor opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. Hearing and seeing no one, the Mayor closed the public hearing. MOVED by Shaffer, seconded by Freiberg and motion carried unanimously 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. Regular Meeting of the City Council February 16, 2010 Page 8 Public Hearing - Ordinance #433 - Amending Sections 11.03, 11.21 and 11.22 Regarding Garden Structure Requirements The following ordinance was MOVED by Shaffer, seconded by Freiberg: ORDINANCE NO. 433, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Amending Sections 11.03, 11.21 and 11.22 Regarding Garden Structure Requirements Joe Hogeboom, City Planner, introduced the agenda item and answered questions from the Council. John Kluchka, presented the Planning Commission report. Allen Barnard answered questions from the Council. The Mayor opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. Hearing and seeing no one, the Mayor closed the public hearing. MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to approve Ordinance #433, 2nd Series. Upon a roll call vote, the vote was as follows: FREIBERG - YES LOOMIS - YES PENTEL - YES SCANLON - YES SHAFFER - YES Authorization to Sign Amended and Restated Joint and Cooperative Agreement for Support for Metropolitan Council Environmental Services Interceptor 1-GV-461 Reliever Project 10-16 Jeannine Clancy introduced the agenda item. Deborah Manning and Jeff Swartz, Metropolitan Council, were present to review the project and answered questions from the Council. Member Shaffer introduced the following resolution and moved its adoption: RESOLUTION 10-16 RESOLUTION OF SUPPORT FOR THE METROPOLITAN COUNCIL ENVIRONMENTAL SERVICES INTERCEPTOR 1-GV-461 RELIEVER PROJECT The motion for the adoption of the foregoing resolution was seconded by Member Scanlon and upon a vote being taken thereon, the following voted in favor thereof: Freiberg, Loomis, Pentel, Scanlon and Shaffer; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and her signature attested by the City Clerk. Regular Meeting of the City Council February 16, 2010 Page 9 Announcements of Meetin~s A Bassett Creek Water Management Commission will be held on February 18, 2010 at 11:30 am. Some Council Members may attend the Metro Cities Shared Services Forum on February 22, 2010 from 8:30 to 10 am at the League of Minnesota Cities Offices. Some Council Members may attend the Hopkins Community Education Diversity Forum - Making the Case on February 23, 2010 from 7 to 8:30 pm at the Eisenhower Community Center. Some Council Members may attend the Paul Olson Retirement Party on February 23, 2010 at 9:30 am at the City Hall Lunchroom. A Human Rights Commission Share the Dream Event, Tapestry on February 27,2010 from 2 to 4 pm at the Golden Valley Library. The Golden Valley Historical Society Antique Road Show will be held on February 27,2010 at 1: 15 pm at Calvary. Some Council Members may attend the Home Remodeling Fair on February 28, 2010 from 10:30 am to 3:30 pm at the Eisenhower Community Center. The next City Council meeting is March 2, 2010 at 6:30 pm. Some Council Members may attend the Hopkins Community Education Diversity Forum - Race Disparities on March 2, 2010 from 7 to 8:30 pm at the Eisenhower Community Center. Mayor and Council Communications No action and/or discussion took place. Adiournment The Mayor adjourned the meeting at 8 pm. Linda R. Loomis, Mayor ATTEST: Judy Nally, Administrative Assistant Hey Memorandum Finance 763-593-8013 I 763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting March 2, 2010 Agenda Item 3. B. 1. Approval of City Check Register Prepared By Sue Virnig, Finance Director Summary Approval of check register for various vendor claims against the City of Golden Valley. Attachments Loose in agenda packet. Recommended Action Motion to authorize the payment of the bills as submitted. alley Memorandum Finance 763-593-8013 I 763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting March 2, 2010 Agenda Item 3. B. 2. Approval of Housing and Redevelopment Authority Check Register Prepared By Sue Virnig, Finance Director Summary Approval of check register for various vendor claims against the Housing and Redevelopment Authority. Attachments Loose in agenda packet. Recommended Action Motion to authorize the payment of the bills as submitted. alley Memorandum City Administration/Council 763-593-8006 I 763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting March 2, 2010 Agenda Item 3. C. 1. Gambling License Exemption and Waiver of Notice Requirement - Church Of Christ The King Prepared By Christine Columbus, 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 Church Of Christ The King requesting waiver of 3D day waiting period (1 page) Recommended Action Motion to receive and file the gambling license exemption and approve the waiver of notice requirement for the Church Of Christ The King. Minnesota Lawful Gambling LG220 Application for Exempt Permit Application fee If aDDlil"'~tion nostmarked or received: An exempt permit may be issued to a nonprofit organization that: less than 30 days more than 30 days - conducts lawful gambling on five or fewer days, and before the event before the event - awards less than $50,000 in prizes during a calendar year. $100 $50 ORGANIZA liON INFORMA liON Check # $ Organization name Previous gambling permit number CHURCH OF CHRIST THE KING X-27215-08-001 Type of nonprofit organization. Check one. I 0 I Fraternal o Religious I o I Veterans I 0 I Other nonprofit organization Mailing address City State Zip Code County 5029 ZENITH AVE S MINNEAPOLIS MN 55410 Hennepin 0 Name of chief executive officer (CEO) Daytime phone number Email address DALE J KOROOI 612-920-5030 twknaffla@ctkmpls.org 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. @] Nonprofit Articles of Incorporation OR a current Certificate of Good Standing. Don't have a copy? This certificate must be obtained each year from: Secretary of State, Business Services Div., 180 State Office Building, S1. Paul, MN 55155 Phone: 651-296-2803 o 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. [Q] 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. [Q] IRS - proof previously submitted to Gambling Control Board If you previously submitted proof of nonprofit status from the IRS, no attachment is required. GAMBLING PREMISES INFORMA liON Name of premises where gambling activity will be conducted (for raffles, list the site where the drawing will take place) MetroDolitan Club Address (do not use PO box) City Zip Code County 5418 Wayzata Blvd Golden Valley 55416 Hennepin 0 Date(s) of activity (for raffles, indicate the date of the drawing) April 24, 2010 ",heck the box or boxes that indicate the type of gambling activity your organization will conduct: o Bingo. 1&1 Raffles o Paddlewheels. o Pull-Tabs. o Tipboards. * Gambling equipment for pull-tabs, bingo paper, tipboards, and II Also complete 1,\ paddlewheels must be obtained from a distributor licensed by the Gambling Control Board. EXCEPTION: Bingo hard cards and bingo Page 2 of this form. number selection devices may be borrowed from another organization authorized to conduct bingo. IprirtfForfll .1 To find a licensed distributor, go to www.gcb.state.mn.us and click on List I Reset F()rml of Licensed Distributors, or call 651-639-4076. Page1of2 1/10 LG220 Application for Exempt Permit LOCAL UNIT OF GOVERNMENT ACKNOWLEDGMENT If the gambling premises is within city limits, a city official must check the action that the city is taking on this application and sign the application. ~ The application is acknowledged with no waiting period. _The application is acknowledged with a 30 day waiting period, and allows the Board to issue a permit after 30 days (60 days for a 1 st class city). _The application is denied. Print city name Q;~~ of ~ Idpi\ \Ju<<fdn On behalf of the city, I acknowledge this app/icat n. Signature of city official receiving application (J~,#(i~ Title PdiMlA. f/gs/h Date 0,. I 7?-1 dJO I /) CHIEF EXECUTIVE OFFICER'S SIGNATURE The information provided in this applicatio financial report will be completed and ret Chief executive officer's signature Complete a separate application for each gambing activ - 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 B, Suite 300 South Roseville, MN 55113 Page 2 of 2 1/10 If the gambling premises is located in a township, a county official must check the action that the county is taking 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 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----1----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- urate to the best of my knowledge. I acknowledge that the hin 30 days of th~ date of our gambling acfvity. Date I~ If!) Finane al report and recordkeeping 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 of the activity date, complete and return the financial report form to the Gambling Control Board. Questions? Call the Licensing Section of the Gambling Control Board at 651-639-4076. I Print Form I Reset Form This form will be made available in alternative the Board will be able to process your format (Le. large print, Braille) upon request. organization's appli~on. YOU~ ~aniza~ion's Data privacy notice:The information requested name and ~ddress Will be public Information on this form (and any attachments) will be used ~n re~lved by the ~oard. ~II other . by the Gambling Control Board (Board) to Informatlo~ proVIded WIll ~ pnvate data until determine your organization's qualifications to !he Board ISSU~ the ~rmit. ~en ~e Boa~ be involved in lawful gambling activities in ISSueS the I>6.rmit, all Information pro~ed Will Minnesota. Your organization has the right to beco,:"e p~b1lc. If ~e Boa~d does no! ISS~ a refuse to supply the information requested; ~rmit, alllnfon:natlon provided r.em?ln~ pnvate, however, if your organization refuses to supply with the excepti~n of ~our ~anlZa~lon s. name this information, the Board may not be able to and address .whlch Will remain publiC. Pnvate determine your organization's qualifications data are available to:. Board members, Board and, as a consequence, may refuse to issue a staff whose work reqUires access to the permit. If you supply the information requested, 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 court 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. CHURCH OF CHRIST THE KING February 18,2010 Judy Nally Golden Valley City Offices 7800 Golden Valley Road Golden Valley, MN 55427 RE: GAMBLING LICENSE FOR APRIL 24, 2010 TO BE HELD AT THE METROPOLITAN CLUB, GOLDEN VALLEY, MN Attn: Mayor and City Council In reference to our Application for the Authorization for an Exemption for Lawful Gambling License, The Church of Christ the King requests that you please waive the usual 30-day waiting period. Your consideration is greatly appreciated. Very truly yours, /t.-I..."L1f" Te nce W. Kn a ministrator 5029 ZENITH AVENUE SOUTH. MINNEAPOLIS, MN 55410' PHONE: 612.920.5030' FAX: 612.920.1179 i alley Memorandum City Administration/Council 763-593-8002 I 763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting March 2, 2010 Agenda Item 3.C.2. Solicitor's License - The Window Store Home Improvements, Inc. Prepared By Christine Columbus, Administrative Assistant Summary As per City Code, any individual or group intending to go door-to-door within the City selling products, taking orders or soliciting for business or donations must be licensed by the City to do so. Attachments Peddler/Solicitor License Application (2 pages) Recommended Action Motion to approve the solicitor's license for The Window Store Home Improvements, Inc. Application and fee must be submitted to the City Manager's Office the Wednesday prior to the City Council Meeting. Council Meetings are normally held the first and third Tuesday of each month. PEDDLER/SOLICITOR LICENSE APPLICATION TO: Golden Valley City Council Fee Paid: $ 7800 Golden Valley Road Number. of Persons: Golden Valley, MN 55427 Type of License Requested: Enclose the sum of $ ~_a;:::> for Y (number) peddlers/solicitors as required by City Code of the City of Golden Valley and have complied with all the requirements of said Code necessary for obtaining this license. -flu (Business or Individual Name to be icensed) 9c7o'1 :=s,. '5:IArn J;f-.- S(E., )r1O; (Address, including City, State and Zip Code) 7b?- 74(? gq~o (Telephone Number, including Area Code). ,L. n 7ltt Wi~ sture.. 1(OYV'(. NOW, THEREFORE, ~~rz:ve~~1 L1c.. Applicant Name) through 6/30/JD, subject to the conditions and orovisions of said City Code. -F(q/J/O(/-(t, J MIl! a-~ ( hereby makes application for the - ( REQUIRED LICENSE INFORMATION Applicant (if different from above): Name Address (Include City, State and Zip Code) Telephone Number (including area code) Date of Birth (if an individual)- Business Name of APPlicant-;J,p M~'W 5+0('( ~ ~iA'~ ~ Address ~ S, S:/tv;re J:r - ~ 7l:J ~ ~{/161 MtJ! 9314/ (Incl e City, State and ip Co e) L I - A/lf/lM>oT~ (Corporation, Proprietorship, Partners ip, etc.; State of Incorporation) Define Business Description of goods or services for sale (include prices) or indicate if soliciting donations. If more space is needed, attach addi onal sheets ( e specific): ~ S~ I NOTE: If the products for sale are changed or modified, you must give the City complete information regarding such change or modification. If the Peddler or Solicitor is so engaged on behalf of an organization, supply: Name of Organization MAl )f1Eft- C;5t. 7;)-' 7 FeD.:tO fO-6~JI65~ (Include City, State and Zip Code) Address of Organization Telephone Number (Including Area Code) Define Business (Corporation, Proprietorship, Partnership, etc.; State of Incorporation) List the names and addresses of EACH person who will be peddling or soliciting on behalf of said organization in the City, or, in the alternative, the name, address and telephone number or numbers where a responsible person of said organization will maintain a list of names and addresses of all persons engaged in peddling or soliciting in the City: __~Dht1 ~; ~~~~ --:;ztnJret,J (6JZ~ 1\ l' SItt1&S (If more space is needed, attach additional sheets) STATE OF ) ) ss. COUNTY OF fl- ) I, ~Il ~~11So11 (Officerll ndividual) of being first duly sworn, depose and say that all the foregoing information is true to his/her own knowledge except as to matters therein stated 0 .nform:;?a. a. nd . f,;nd.as to such matters, he/she believes them to be true. ! ~ J .. I~ (Signature of A Subscribed and sworn to before me this 2,3 nJ day of F dl'1.JWrY ,20 10 ~V~ (Signature) RON VOSIKA Notary Public State .of Minnesota My Commission Expires January 31, 2015 Bassett Creek Watershed Management Commission Minutes of the Meeting of January 21, 2010 1. Call to Order The Bassett Creek Watershed Management Commission (BCWMC) was called to order at 11:30 a.m., Thursday, January 21, 2010, at Golden Valley City Hall by Acting Chair Black. 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 Alternate Commissioner Ted Hoshal Alternate Commissioner Lisa Goddard Not represented Commissioner Daniel Stauner Commissioner Ginny Black, Acting Chair Commissioner Wayne Sicora Commissioner Jim deLambert 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 Erick Francis, WSB & Associates Jack Frost, Metropolitan Council Lee Gustafson, BCWMC Technical Advisory Committee, City of Minnetonka Jupe Hale, WSB & Associates Dave Hanson, Alternate Commissioner, City of Golden Valley Kathi Hemken, Alternate Commissioner, City of New Hope Tom Mathisen, BCWMC Technical Advisory Committee, City of Crystal Richard McCoy, BCWMC Technical Advisory Committee, City of Robbinsdale Jeff Oliver, BCWMC Technical Advisory Committee, City of Golden Valley Justin Riss, Alternate Commissioner, City of St. Louis Park Al Sarvi, Friends of Northwood Lake Association Liz Stout, BCWMC Technical Advisory Committee, City of Minnetonka Liz Thornton, Alternate Commissioner, City of Plymouth Alex Bole, City of Minneapolis Environmental Services Patrick Hanley, City of Minneapolis Environmental Services Cara Groans, City of Minneapolis, environmental inspector Dustin Maddy, City of Minneapolis, environmental inspector 2. Approval of Agenda and Consent Agenda Commissioner Loomis requested the removal of the financial report and moved to approve the agenda as amended and to approve the Consent Agenda. Alternate Commissioner Goddard seconded the motion. The motion carried unanimously [City of Minnetonka absent from the vote]. 3. Citizen Input on Non-Agenda Items Al Sarvi, Friends of Northwood Lake Association, introduced himself as the Association's representative to the BCWMC and announced that the Association officially formed as a non-profit group two weeks ago. 4. Administration A. Presentation of the December 17, 2009, BCWMC meeting minutes. The minutes were approved under the consent agenda. B. Presentation of the Financial Statement. Commissioner Loomis reported that she handed out an updated financial report that reflected three voided checks due to three individuals not attending the BCWMC Education Committee's teacher focus group. Commissioner Langsdorf moved to approve the amended financial report. Commissioner Loomis seconded the motion. The motion carried unanimously [City of Minnetonka absent from vote]. The general and construction account balances reported in the January 2010 Financial Report are as follows: Checking Account Balance TOTAL GENERAL FUND BALANCE 388,141.41 388,141.41 Construction Account Cash Balance Investment due 10/18/2010 TOTAL CONSTRUCTION ACCOUNT BALANCE -Less: Reserved for CIP projects Construction cash/ investments available for projects 3,075,539.84 533,957.50 3,609,497.34 3,296,747.06 312,750.28 C. Presentation of Invoices for Payment Approval. Invoices: i. Kennedy & Graven - Legal Services through October 31,2009. invoice for the amount of $2,766.65. ii. Barr Engineering Company - November Engineering Services - invoice for the amount of $29,434.56. iii. Amy Herbert - November Recording Administrator Services - invoice for the amount of $1,625.02. iv. Judy Arginteanu - Education Article - invoice for the amount of $300.00 v. City of Golden Valley - Annual Financial Management Services - invoice for the amount of $3,000.00. vi. JASS - BCWMC's Portion of Administrative Services for the Joint Education and Public Outreach Committee - invoice for the amount of $1,089.36. vii. CNA Surety - Annual Bond Premium - invoice for the amount of $100.00. Commissioner Loomis asked if the BCWMC will submit to the BallPark Authority (BPA) an invoice for reimbursement of the Commission's legal costs, reflected in Kennedy & Graven's invoice, for time spent on Twins Stadium issues. Acting Chair Black replied that it is the Commission's understanding that per the executed agreement between the Commission and the BPA, the BPA will reimburse the Commission's costs. Commissioner Loomis also asked Barr #249502 vI BCWMC January 21, 2010 Meeting Minutes 2 Engineering to clarify whether the biota costs charged in Barr's invoice under water quality monitoring should be charged to the TMDL budget. Commissioner Loomis moved to approve the payment of the invoices including the invoice from the City of Golden Valley for the annual financial management fee of $3,000, which was not included on the agenda. Commissioner deLambert seconded the motion. By call of roll, the motion carried unanimously with eight votes in favor [City of Minnetonka absent from the vote]. D. Resolution 10-01 to Reimburse the BCWMC 2.5% of the 2009 Annual Tax Levy for Administrative Expenses Charged to CIP Projects and to Transfer the Funds into the Administrative Account. Commissioner Loomis moved to Approve Resolution 10-01. Commissioner Stauner seconded the motion. The motion carried unanimously [City of Minnetonka absent from the vote]. E. Direct MMKR Certified Public Accountants to Prepare Audit Report for fiscal year 2009. Alternate Commissioner Goddard moved to direct MMKR to prepare the audit. Commissioner Loomis seconded the motion. The motion carried unanimously [City of Minnetonka absent from the vote]. F'. BCWMC Liaison Schedule for Upcoming TAC Meetings. Commissioners deLambert and Black volunteered to be contacted if a February TAC meeting is scheduled. Commissioner deLambert and Alternate Commissioner Goddard volunteered to attend the March 4th TAC meeting. 5. New Business A. Golden Valley County Club Pond Dredging! Creek Stabilization: Golden Valley. Ms. Chandler stated that the proposed project is in front of the Commission because it is in the Bassett Creek floodplain. She said the project comprises pond dredging, which will include quite a bit of excavation, and some creek bank stabilization. Ms. Chandler said the City estimates 2, 800 cubic yards of sediment is anticipated to be removed. She said the plan includes approximately 100 feet of restoration of creek bank and stabilization of the berm that separates the pond from Bassett Creek. She said the plan the Commission Engineer received was more of a concept plan and more information will be available when the project goes to bid later in 2010. Ms. Chandler reported that the Commission Engineer wants to review the more detailed plans when they are available to make sure there is no net fill in the floodplain. She said the Commission Engineer recommends approval with the four conditions listed in the January 12th Engineer's Memo about the project and adding the conditions that fill in the floodplain will be balanced by cut or excavation so there is no net fill in the floodplain and also that the cross section of the creek must not be reduced. Commissioner Loomis moved to approve the permit for the project with the conditions as discussed. Alternate Commissioner Goddard seconded the motion. The motion carried unanimously [City of Minnetonka absent from the vote]. B. TruStone Financial Federal Credit Union: Golden Valley. Ms. Chandler explained that this proposed project is in front of the Commission because it is in the floodplain. She said the Commission Engineer recommends unconditional approval of the project because the City of Golden Valley has already mitigated for the loss of storage on the site, which is the mitigation site on the General Mills property. She pointed out that even though they are not required, there are three bioretention sites proposed for the project, which will provide additional treatment, and the site also drains to a regional treatment facility. Commissioner Loomis moved to approve the project. Commissioner deLambert seconded the motion. The motion carried unanimously [City of Minnetonka absent from the vote]. 3 #249502 vI BCWMC January 21, 2010 Meeting Miuutes 6. Old Business A. City of Robbinsdale Local Surface Water Management Plan Submitted to BCWMC. Ms. Chandler said there was a mix-up in the mailing of the Plan to the Commission and said the Commission asked the City of Robbinsdale for an extension of time for the plan review so the Commission would have 60-days from the actual date of receipt of the Plan. She reported that the City of Robbinsdale granted the extension. Commissioner Loomis moved that the Commission direct the Commission Engineer to review the Plan. Alternate Commissioner Goddard seconded the motion. The motion carried unanimously [City of Minnetonka absent from the vote]. B. City of Crystal's Response to BCWMC's Comments on City's Local Surface Water Management Plan and Resolution 10-02 Approving Plan. Ms. Chandler reminded the Commission that it reviewed the plan in the fall and sent comments back to the City of Crystal. She said the City responded and made changes to the plan and the Commission asked the City to look into a few additional items. Ms. Chandler said she has seen the final changes in response to those additional items and she recommends the Commission adopt the resolution approving the City of Crystal's Local Surface Water Management Plan. Commissioner Langsdorf moved to approve Resolution 10-02 with the change that the City of Crystal is named in number 4. Commissioner Loomis seconded the motion. The motion carried unanimously [City of Minnetonka absent from the vote]. C. Update on Cultural Resources Review Process for Resource Management Plan. Ms. Chandler reported that Commissioners Stauner, deLambert, and Welch attended a January 12th meeting with representatives of the U.S. Army Corps of Engineers (the Corps) including Brad Johnson, Melissa Jenny, and Joe Vanta, and with Len Kremer and Jeff Lee of Barr Engineering. She said the purpose of the meeting was for the Corps and the Commission to come to an agreement about the final approval process of the Resource Management Plan (RMP) and to develop a plan for addressing the cultural resource issues. Ms. Chandler said the result was a recommendation to the Commission that the RMP be revised to include protocols for the cultural resource review and how the final permitting will happen for the final projects. She said once the Corps approves the revised RMP the methodology will be in place for moving forward. Mr. Stauner added that an issue discussed at the meeting that he thought was still unresolved was what distance from the project sites would be within the reach of the cultural review. Ms. Chandler stated that she thinks that issue would be resolved as the protocols are developed. She said that the Commission Engineer's estimate is that it would cost $1,500 to develop the protocols. Acting Chair Black asked if that amount is in addition to the previous budget for drafting the RMP. Ms. Chandler replied yes. Commissioner Sicora moved to approve the Commission Engineer to develop the draft protocols as discussed for a cost up to $1,500 and to bring the draft in front of the Commission when it is prepared. Commissioner Loomis seconded the motion. The motion carried unanimously [City of Minnetonka absent from the vote]. D. TAC Recommendations i. 2010 Channel Maintenance Fund Requests. Mr. Gustafson reported that the TAC reviewed both applications for channel maintenance funds - one from the City of New Hope for $16,448 for the Northwood West Inlet Cleaning Project and one from the City of Golden Valley for up to $100,000 for the Bassett Creek Channel Stabilization portion of the Golden Valley Country Club project. He said the TAC recommends that the Commission approve both applications for use of the channel maintenance funds. Ms. Chandler added that the funds for the City of Golden Valley project are for the channel maintenance portion of the Golden Valley Country Club project. Commissioner Loomis moved that the Commission approve the requests from the cities of New Hope and Golden Valley for the use of channel maintenance funds for the projects as described. #249502 vI 4 BCWMC January 21, 2010 Meeting Minutes Commissioner Stauner seconded the motion. The motion carried unanimously [City of Minnetonka absent from vote]. Comments on Proposed Revisions to Capital Improvements Program and 2011 Capital Improvement Project. Mr. Gustafson said the TAC reviewed the CIP and discussed whether revisions were necessary. He stated that the TAC recommended that the CIP be revised and recommended specific changes to the next three years of projects listed in the CIP as reflected in the draft revised CIP table handed out at today's meeting and labeled "Revised January 8,2010." He said the TAC recommends that the Commission adopt the revised CIP. Commissioner Loomis moved to adopt the revised CIP. Alternate Commissioner Goddard seconded the motion. The motion carried unanimously [City of Minnetonka absent from vote]. Mr. Gustafson said the TAC also discussed projects that may come out of the TMDL studies and other projects that could be requested by cities. He said that currently the TAC, per the Commission's direction, reviews the CIP once a year. He explained that going forward there may be projects brought to the Commission that are on the current CIP, are projects coming out of a TMDL study, or are other projects. Mr. Gustafson said the TAC discussed how would it evaluate and present recommendations to the Commission regarding those three general categories of projects. He said the TAC recognized that there could be some dilemmas for the TAC in evaluating proposed capital projects that are not on the current CIP. Mr. Gustafson announced that the TAC recommends that the Commission prepare and adopt a process to incorporate projects identified in the TMDL studies into the CIP and to prioritize them with respect to the other projects in the CIP and that this process should be developed before the end of 2010. Mr. Gustafson said the TAC would like to hear from the Commission on whether it wants all the projects prioritized against each other or does it want a different system set up that would set aside a certain amount of money for CIP projects and another amount of money for projects derived from the TMDL studies. He said an additional question for the Commission is if it wants to keep its current CIP budget of $1,000,000 or if it wants to raise or lower it. Mr. Gustafson said the Commission's comments on those three questions would provide the TAC with the guidance it needs to continue its discussions. Acting Chair Black directed the Commission Engineer to work with the T AC to prepare a memo outlining those three questions as an agenda item for a future BCWMC meeting such as the March meeting. ii. Maintenance of BCWMC Projects. Mr. Gustafson reported that the TAC did discuss maintenance of Commission projects but that the TAC did not have enough time to fully discuss the issue. He stated that the T A C recommends that the Commission ask the cities to provide comments back and Commission staff compile the different categories of responses and send the compiled information to the TAC so the TAC members can efficiently review the information. Ms. Chandler recommended the cities could also comment on the idea of using channel maintenance funds for maintaining the channel restoration CIP projects. Mr. Gustafson said the TAC is asking the Commission to approve the cost for staff to send out the questions to the cities and to compile the information and distribute to the TAC. Mr. Gustafson recommended a motion for Ms. Herbert to work with the Commission Engineer to send out the questions, receive the comments, tabulate them, and send the results out to the TAC. Alternate Commissioner Hoshal moved to approve the action described by Mr. Gustafson. Commissioner Langsdorf seconded the motion. The motion carried unanimously. Mr. Stauner commented that Shingle Creek has proposed to the Minnesota Board of #249502 vI 5 BCWMC January 21, 2010 Meeting Minutes Water and Soil Resources an alternative process for adding projects to its CIP that wouldn't require a major plan amendment. Mr. LeFevere said BWSR seems to be open to the Shingle Creek's proposed process, which would cut out the agency by agency review of adding projects to a CIP, but that it is still a work in progress. Mr. Stauner remarked that the Commission may want to consider the Shingle Creek proposal as it reviews its CIP process. E. TMDL Updates i. Wirth Lake TMDL. Ms. Chandler reported that the draft TMDL should be done by the end of this week. She said the Minnesota Pollution Control Agency (MPCA) would then review it and then may send it on to the U.S. Environmental Protection Agency (EPA) for an informal review. Ms. Chandler said the TMDL also needs to go to the stakeholders and that a public meeting will need to be scheduled. ii. Sweeney Lake TMDL. Acting Chair Black reported that Ron Leaf of SEH, Inc. is reviewing comments received about the TMDL by the MPCA and the DNR. Ms. Chandler said the MPCA had one significant comment on the TMDL. She said the MPCA took issue with how much treatment is required by the TMDL for watershed reduction versus the in- lake reduction. She said the MPCA did not think it was justified that there was so much reduction placed on the in-lake load compared to the watershed load. She said one suggestion is that Ron Leaf meet with the MPCA and invite the MS4s and Hennepin County to attend the meeting to reach a resolution about what are reasonable reduction allocations. Acting Chair Black directed staff to coordinate with Ron Leaf to conduct such a meeting. iii. Medicine Lake TMDL. Acting Chair Black reported that the implementation plan is still with the consultant, who has not gotten it back to the MPCA, so the Commission is still waiting to see the TMDL. F. Bassett Creek E. Coli Monitoring 2009. Ms. Chandler reported that sampling was done in June, July, August, and September 2009 and that one more sampling month will occur in June 2010. She reminded the Commission that the Commission is paying for the collection of the samples and the MPCA is paying for the laboratory costs. She said that all the samples taken had E. coli present. Ms. Chandler discussed the results and the color graph handed out at the meeting. She said there still needs to be a meeting with the Commission, staff, and MPCA to discnss how the Bassett Creek E. coli TMDL could be part of the Mississippi River Bacteria TMDL. Alternate Commissioner Hoshal asked Barr Engineering to add to the graph the MPCA's 1260 baseline onto the graph. Acting Commissioner Black asked if Barr would clarify whether sampling would need to be done after the June 2010 sampling. G. Education and Public Outreach Committee i. Education Grant Application for MinnAqua Teacher Training. Acting Chair Black explained that the Commission received a grant application from Birchview Elementary in the Wayzata School District for grant funds of $1,000 to fund MinnAqua Training for teachers in the Bassett Creek Watershed at a cost of $150- $175 per teacher. She said the BCWMC's Education and Public Outreach Committee reviewed the application and recommend approval. Commissioner Stauner moved to approve the education grant in the amount of $1,000. Commissioner Langsdorf seconded the motion. The motion carried unanimously [City of Minnetonka absent from vote]. ii. BCWMC Participation in Plymouth's 2010 Yard and Garden Expo. Commissioner Langsdorf announced that the cost to the Commission to participate by having a booth at 6 #249502 vI BCWMC January 21, 2010 Meeting Minutes the Expo is $60. Alternate Commissioner Goddard moved to approve the BCWMC's participation in the Expo at the cost of $60. Commissioner Langsdorf seconded the motion. The motion carried unanimously [City of Minnetonka absent from vote]. iii. Education Grant Reimbursement Request from Crystal Environmental Quality Commission. Acting Chair Black reported that the Crystal Environmental Quality Commission submitted their final report and are requesting the reimbursement in the amount of $600. Commissioner Langsdorf moved approval of the reimbursement. Commissioner Stauner seconded the motion. The motion carried unanimously [City of Minnetonka absent from vote]. iv. Update on Teacher Focus Group. Acting Chair Black reported that the focus group took place last week. Commissioner Langsdorf reported that seven teachers participated: three from high schools, two from middle schools, and two from elementary schools within the watershed and representing three school districts and one private school. She said the Committee was pleased with how involved the teachers were in the discussions and she presented the Committee's report on the focus group H. Administrative Services Committee Update on Request for Proposals for Admin Services. Acting Chair Black reported that the Commission received five proposals including one from the Mississippi Watershed, one from Barr Engineering, and three individuals. She said the Committee had a lengthy discussion on whether five were enough responses and if the Commission should try to get more responses but that the Committee decided that quantity doesn't mean quality and that the three individuals may be very high quality. She stated that the Committee decided to go forward to interview the three individuals. Ms. Black said although the Mississippi application was intriguing, the Committee was concerned about identity and getting lost in the Mississippi Watershed identity. She said the Committee decided not to go with the Barr proposal because one of the things the Committee is really looking for is independence so that whoever it is can oversee the consultants and not have any conflicts because if they actually work for the consultant they are overseeing it would present an awkward situation. Mr. LeFevere reminded the Commission that the information on the candidates is not public information and if anyone asks the Commission for information, direct the question to Ms. Herbert who can work with Mr. LeFevere. I. Resolution 10-03 Designating Depositories for BCWMC Funds. Commissioner Loomis moved to approve Resolution 10-03 naming the BCWMC's official depositories for 2010. Commissioner Stauner seconded the motion. The motion carried unanimously [City of Minnetonka absent from the vote.] 7. Communications A. Chair: No Communications B. Commissioners: i. Commissioner Langsdorf that Chair WeIch received a request from BWSR regarding BWSR training workshops to help develop outreach and education programs. She recommended that the Commission approve Margie Vigoren and Karen Chandler to represent the BCWMC at the workshops. The Commission approved the recommendation and Acting Chair Black stated that she would contact Brad Wozney to let him know who will be representing the Commission. ii. Commissioner Stauner reported that he went to the Northern Green Expo put on by the Minnesota Landscape Nursery Association. He said the legislative forum was interesting and part of the discussion was the use of Clean Water Legacy Act money and whether the wildlife 7 #249502 vI BCWMC January 21, 2010 Meeting Minutes monies would be available for things like habitat restoration. He said he also went to a program called "What's in the Water" put on by the Department of Agriculture and he found out that Bassett Creek is monitored for pesticides. He said the most prevalent pesticide is 2-4D and that he would leave the handout with Ms. Herbert. Commissioner Stauner also announced that this would be his last meeting and that John Elder would take over as Commissioner next month. iii. Alternate Commissioner Hoshal brought an example of aerial photography by Irv Kruse and said it would be nice to have posted on the Commission's Web site an aerial photograph of each of the lakes in the Bassett Creek watershed. Acting Chair Black asked him to forward the information to the Education and Public Outreach Committee. C. Committees: No communications. D. Counsel: No communications. E. Engineer: i. Ms. Chandler reported that the meeting packet for next week's BWSR board meeting indicates a BWSR staff recommendation for board approval of $360,000 of the $500,000 requested by the BCMWC from the Clean Water grant funds for the Plymouth Creek and Bassett Creek restoration projects. She said the BCWMC would find out for sure next Thursday. ii. Ms. Chandler said Hennepin County staff are recommending grant funds to the BCWMC of approximately $130,000 for the Bassett Creek restoration project and approximately $150,000 for the Plymouth Creek project. 9. Adjournment Acting Chair Black adjourned the meeting at 1:50 p.m. Michael Welch, Chair Date Amy Herbert, Recorder Date Pauline Langsdorf, Secretary Date #249502 vI BCWMC January 21, 2010 Meeting Minutes 8 GOLDEN VALLEY ENVIRONMENTAL COMMISSION Regular Meeting Minutes January 25, 2010 Present: Commissioners Anderson, Gitelis, Pawluk, and Stremel; Joe Hogeboom and Kevin Knase, Planning Department; AI Lundstrom, Environmental Coordinator, and Pat Schutrop, Administrative Assistant Absent: Commissioners Baker and Hill 1. Call to Order Stremel called the meeting to order at 7:05 pm. 2. Approval of Regular Meeting Minutes - November 23, 2009 MOVED by Gitelis, seconded by Pawluk, and the motion carried unanimously to approve the minutes of the November 23,2009 meeting. 3. Residential Solid Waste and Recycling Study Members of the Planning Dept. met with Commissioners. Discussions included an overview of the process, preliminary information gathered by Planning, the communication plan, and the study timeline. The goal is to make a recommendation to the Council in June. In preparation for the next meeting, each Commissioner was asked to gather information from their own garbage hauler. The commission requested that staff prepare a list of "talking points" to help them answer questions. 4. Program/Project Updates A. TMDL - City received the comments from other agencies on the Sweeney Lake TMDL and will be reviewing soon. B. III - Commissioners were given a status update report as of January 15, 2010, prepared by staff. C. Private Development Update - Global Commercial has made an offer for the MN DOT site, on the southwest corner of 394 and Hwy. 100. The City has indicated they will give up their right to purchase the property. D. Emerald Ash Borer - The City applied for a grant for assistance to do inventory, however were not awarded the grant. The inventory will be completed by staff. E. MPCA Progress Report - Data is still being entered. 5. Commission Member Council Reports None 6. Other Business Pawluk reported on an article in the newspaper related to invasive species such as buckthorn. Minutes of the Environmental Commission January 25, 2010 Page 2 of 2 7. Adjourn MOVED by Gitelis, seconded by Pawluk, and the motion carried to adjourn. The meeting adjourned at 8: 15 pm. The next scheduled meeting will be February 22,2010 at 7:00 pm. 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, Council Chambers, 7800 Golden Valley Road, Golden Valley, Minnesota, on Monday, January 25, 2010. Chair Keysser called the meeting to order at 7 pm. Those present were Planning Commissioners Cera, Eck, Keysser, Kluchka, McCarty and Schmidgall. Also present was Director of Planning and Development Mark Grimes, City Planner Joe Hogeboom and Administrative Assistant Lisa Wittman. Commissioner Waldhauser was absent. 1. Approval of Minutes January 11, 2010 Regular Planning Commission Meeting Eck noted some typographical errors. MOVED by Eck, seconded by Keysser and motion carried unanimously to approve the January 11, 2010 minutes with corrections. 2. Informal Public Hearing - Conditional Use Permit - 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 order 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 complies 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 are 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. 3. Informal Public Hearing - 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 children allowed to 20. The daycare would remain only for the children of employees. Minutes of the Golden Valley Planning Commission January 25, 2010 Page 3 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 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. 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 and submit the final plat. 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 asked how the Fire Department feels about the size of the Brunswick Avenue cul-de-sac. Grimes 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 the road serves. 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 those designations. 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. 5. Informal Public Hearing - Zoning Code Amendment - Garden Structure Requirements in the Definitions, Single Family (R-1) and Moderate Density Residential (R-2) Zoning Districts Sections of City Code Applicant: City of Golden Valley Purpose: To amend the R-1 Single Family and R-2 Moderate Density Residential Zoning Districts regarding the addition of garden structure requirements Grimes explained that this is a proposal to amend the Single Family (R-1) and Moderate Density (R-2) Zoning District because staff has come across some garden structures located in front yards. He reviewed the proposed language and stated that the proposed setbacks would be 5 feet from the front yard property line, 5 feet from the side and rear yard property lines and 10 feet of separation between detached structures, similar to other accessory structures. Keysser asked if gazebos would be included in this proposed new language. Grimes said no. The proposed new language would be for pergolas, arbors, etc. Schmidgall said he would like to see examples of some existing garden structures. Kluchka suggested including pictures in the staff report when this item goes before the City Council. Schmidgall said he thinks these types of garden structures are basically transparent so they shouldn't cause any visual obstruction. Cera questioned corner visibility especially if the garden structures are covered in vines. He suggested requiring a 7 or 10 foot setback instead of the proposed 5 foot setback. Kluchka said he feels garden structures should have the same requirements as bushes. McCarty clarified that the garden structures Minutes of the Golden Valley Planning Commission January 25, 2010 Page 7 would be 5 or 10 feet away from the property line, not the curb. Schmidgall said he would like the setback requirement to be 5 feet as is being proposed. Keysser opened the public hearing. Seeing and hearing no one wishing to comment, Keysser closed the public hearing. McCarty referred to the proposed ordinance and stated that he would like the word "must" to be replaced with "shall" throughout the document for consistency. He said he would also like the language regarding height limitations to be the same in both the R-1 and R-2 sections. Eck referred to the language regarding the location requirements and said he thinks that some of the language that was struck should not have been. Specifically the language stating that an accessory structure may be built no closer to the front setback as the principal structure. Grimes said the language will be corrected before this goes to the City Council. MOVED by Schmidgall, seconded by McCarty and motion carried 5 to 1 to recommend approval to amend the R-1 Single Family and R-2 Moderate Density Residential Zoning Districts regarding the addition of garden structure requirements. Commissioner Cera voted no. --Short Recess-- 6. Reports on Meetings of the Housing and Redevelopment Authority, City Council, Board of Zoning Appeals and other Meetings Grimes reported that the Planning Department is working with the Environmental Commission to look at solid waste hauling and the options available to the City. Hogeboom explained that the City's municipal recycling contract is up for renewal in December 2011, so the City Council asked that staff look and how other cities handle their waste management system. He said he would send the Planning Commission a copy of the presentation given to the Environmental Commission and a timeline of the study. Kluchka reported on the District 281 Divestiture Committee meetings he has attended. 7. Other Business No other business was discussed. 8. Adjournment The meeting was adjourned at 8:26 pm. Lester Eck, Secretary Envision Connection Project Board of Directors Meeting Minutes January 21, 2010 Present: Sharon Glover, Helene Johnson, Linda Loomis, Philip Lund, Dean Penk Marshall Tanick and Blair Tremere Absent; Jim Heidelberg and Luke Weisberg (GVCEF Representative) Staff: Jeanne Andre The meeting began at 7: 15 pm in the Council Conference Room. Approval of Minutes Tremere/Lund moved to approve the minutes of December 17, 2009 with correct meeting dates for February and May. Motion carried. Proposed Community Foundation/Non-Profit Blair Tremere reported on meeting with the Optimist's Board of Directors to discuss the proposal. The Board was positively inclined to the idea and saw possibilities for collaborating with a new Community Foundation. Board members present planned to share the Overview and FAQ documents with others and develop a formal resonse. Linda Loomis and Dean Penk reported on their meeting with the Golden Valley Human Services Foundation (GVHSF).The group seems supportive of the approach in that it could help with fundraising and the 501 (c)3 status would be beneficial. Their concerns related to confusion about the Golden Valley Community Events Fund and the Envision Connection Project, and their respective relationships to the City and each other. They inquired who would sit on the Board and how it would get started. Their current concerns are with marketing their events and mission and resuscitating the golf tournament. A presentation on the Community Foundation is planned for Tuesday, February 9, at the Council/Manager Meeting. Dean Penk agreed to lead the presentation and other members will try to attend. Luke Weisberg is preparing some slides to help visually explain the proposed Foundation and its relationship to other entities. Dean will provide background on the work to date to develop the Foundation and suggest that a Task Force be set up to work with interested parties to develop a start-up plan for the Foundation. Board Members will meet at noon on January 30 after the Bridge Builder Meeting to further develop the presentation and gather the preliminary work done on establishing the Foundation. Bridge Building Activities Quarterly Meeting - Marshall Tanick confirmed that the Crisis Nursery is set to welcome the Bridge Builders on January 30 from 10 am to noon. Marshall has mailed or emailed everyone on the list and may make a few calls. Blair Tremere reported that Jolly Jenny responded to his post on i-neighbors. Jeanne Andre put the event on the i-neighbor's calendar and sent a notice through i-neighbors and the City's Connection Project list service. Marshall reported that he contacted the Interfaith Youth Leadership Coalition and asked for someone involved in their day of service to give tips to our Bridge Builders on starting a volunteer day. He reported that Cara Fish provide information via conference call, as she will be out of town. Members reviewed the draft agenda and approved it, subject to adding Neighbors Helping Neighbors as on of the current projects. Envision Connection Project Board of Directors Meeting Minutes January 21, 2009 - Page 2 Lilac Planting - The lilac planting committee will be meeting on Monday, January 25, to discuss planting in 2010. Dwight Townes will focus on caring for the existing plantings and developing relationships with adjacent property owners to maintain the plantings and help with new planting projects. would like his committee to meet in January to start planning for planting in 2010. Penny Library After School Program - Linda Loomis reported that she will visit the program and give an update at the next meeting. She will invite Mary Anderson to report at the Bridge Builder Meeting. Ice Cream Social - The date of the social will be July 19. The band selection is pending. Dog Park - City Staff is working on setting a follow up meeting with the Humane Society. Linda Loomis explained that she has been in contact with Minneapolis Council members and plans to be in touch with Park Board Members to further discuss this idea. Buckthorn Busting - Blair Tremere reported on contacts to organize an educational session on buckthorn removal in 2010. Garden Club - Jeanne Andre has contacted the City about adopting gardens created by Don Brown on Mendelssohn Road along the Highway 169 right-of-way. They plan to design a xeriscape garden for this area in 2010 with the goal of implementing it in 2011. They are also considering community garden plots in the future if water would be available. Neighbors Helping Neighbors - Jeanne Andre reported that she is still looking into 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. Communications Members discussed ways to collaborate on promoting community events and activities. The Golden Valley Human Services Foundation mentioned this issue and suggested that local small businesses would also like to link up. Helene Johnson said she would send a hyperlink to a u-tube video on using social media that is very informative. Members discussed recruiting more members to the Board, and highlighting the need for volunteers interested in this aspect of community building. Brookview Bandshell Philip Lund reviewed his proposal to assist with constructing a new bandshell at Brookview. He successfully completed an amphitheater in Prior Lake for which he provided design and contract management services and with construction labor provided by volunteer services from contractors and residents. He expressed a need to get a legal opinion from the City Attorney on this approach and understanding liability issues before he makes a proposal to the Council. Jeanne Andre suggested that she could check on insurance/liability issues, but staff would only seek legal advice if the Council supports this approach. Board Members suggested that Philip draft an overview for Council consideration, including information about the Prior Lake project. The next meeting will be on February 25. The meeting ended at 8:55 pm. Jeanne Andre, Assistant City Manager alley Memorandum Public Works 763-593-8030 I 763-593-3988 (fax) Executive Summary For Action Golden Valley City Council Meeting March 2, 2010 Agenda Item 3. E. Bid & Quotes - Award Contract for 2010 Pavement Management Project 1. Construction Contract 2. Construction Observation and Engineering Services 3. Relocation of Decorative Streetlights Prepared By Jeannine Clancy, Director of Public Works Jeff Oliver, PE, City Engineer Summary Award Construction Contract Bids for the 2010 Pavement Management Project (PMP), City Improvement Project 10-1, were opened on February 16, 2010. Nine bids were received. The corrected bids are listed as follows: Budgeted Amount $4,116,133.68 $4,286,076.14 $4,466,852.03 $4,572,713.16 $4,741,040.85 $4,952,789.60 $5,059,608.50 $5,063,289.73 $6,004,766.63 $5,878,000.00 Northwest Asphalt Palda & Sons, Inc. Nodland Construction Co. GMH Asphalt Corp. Forest Lake Contracting, Inc. Valley Paving, Inc. Veit & Company C.S. McCrossan Construction, Inc. Geislinger & Sons, Inc. Staff has reviewed the bids and found them to be accurate and in order. Construction Observation and Engineerinq Services Staff has received a proposal from the consulting engineering firm of Short Elliott Hendrickson, Inc. (SEH), dated February 23,2010, for construction observation, staking, and engineering services for the 2010 PMP. The construction observation includes a Resident Project Representative to assist City staff in assuring that the project is constructed to the City's technical specifications and recordkeeping. Engineering services include specialized work in geotechnical engineering for soil conditions, service during watermain replacement and environmental engineering. The construction staking includes all survey work during construction, and record drawing survey and drawing preparation following construction. The proposal includes a not to exceed amount of $272,755. Streetliqht Replacement During the design of the 2010 PMP, decorative streetlights within the project area were identified for removal and replacement due to conflicts with street improvements. Many of these lights are in excess of 30 years old and show signs of deterioration of the poles. Therefore, staff and Xcel Energy recommend that the entire decorative streetlight system within the project area be replaced in conjunction with the street reconstruction project. The replacement of the streetlights will include new poles, fixtures, and wiring, as well as complete removal of the existing system. The cost from Xcel Energy Outdoor Lighting for the removal and replacement of these streetlights is not to exceed $78,400. This cost was included in the construction costs for the 2010 PMP project. Attachments Location map ( 1 page) Letter dated February 23, 2010, from Susan Mason, SEH, to Jeannine Clancy (4 pages) Construction Agreement for Street Lighting Facilities dated January 22, 2010, from Xcel Energy (5 pages) Recommended Actions 1. Motion authorizing a contract with Northwest Asphalt in the amount of $4,116,133.68 for the construction of the 2010 PMP, City Improvement Project No. 10-1. 2. Motion to authorize entering into a contract with SEH, Inc. for construction, staking, and engineering services for the 2010 PMP, not to exceed $272,755. 3. Motion to authorize entering into an agreement with Xcel Energy Outdoor Lighting not to exceed $78,400 to replace decorative streetlights and appurtenances in the 2010 PMP. --- --=- -- .::.-=-.:. -- -- - -==11II::..=.....-_-. - - - -- - -===-- ~ .-.. Q. :E I Q. ~ I :E ~ C) 1IO 0 ~ Q. I- Z w :E w C) <C z <C :E l- I Z W I :E w > <C a.. 0 ~ 0 N '\ :r-~ VX13NN~ ~ i I! ' II I · /J. f" . ----:;1 ~ I >< w ~ ..J ..J ~~ z:E Wz Co ..J_ 01- C)<C u.U 00 ~..J - U ~ SEH February 23,2010 RE: City of Golden Valley, Minnesota 2010 PMP Construction Services SEH No. GOLDV 106429 Ms. Jeannine Clancy Director of Public Works City of Golden Valley 7800 Golden Valley Road Golden Valley, MN 55427-4588 Dear Jeannine: Thank you for the opportunity to continue to provide professional services to the City of Golden Valley for the 2010 PMP Construction Services. This letter serves as the Supplemental Letter Agreement in accordance with the Agreement for Professional Services between the City of Golden Valley and SEH. Background The City of Golden Valley proposes to rehabilitate approximately 2.7 miles oflocal streets in 2010. The neighborhood areas proposed for street improvements are located west ofTH 100, south of TH 55, and north and east of Glenwood Avenue. The proposed improvements include construction of storm sewer pipe, drainage structures, sanitary sewer repairs, and water main replacement. All of the streets will be reconstructed with concrete ~ curb and gutter. The City will be managing the construction of this project. SEH prepared the plans and will be providing construction staking services, a full time Resident Project Representative (RPR), construction observation services, and record plan services as described below and detailed in the task summary. Scope of Work Construction Staking SEH will provide a survey crew to provide the construction staking for the 2010 PMP construction project. Staking tasks for this project will include placement of horizontal and vertical cOlltrol, centerline or offset stakes, blue tops after the curb is in-place, silt fence stakes, easement stakes, storm sewer stakes, curb and gutter stakes, sanitary sewer stakes, and water main stakes. All survey coordination for construction staking will be between the survey crew chief and the City. Short Elliott Hendrickson Inc., 3535 Vadnais Center Drive, 51. Paul, MN 55110-5196 5EH is an equal opportunity employer I www.sehlnc.comI651.490.2000 I 800.325.2055 I 651.490.2150 fax Ms. Jeannine Clancy February 23,2010 Page 2 Record Plan Services SEH will provide the City with record drawing information needed to complete the record plans. This work includes providing fmal top of structure surveys on new storm sewer, sanitary sewer and water main manhole structures. The work also includes providing inverts for these new structures. Benchmarks will be reestablished in the construction areas in conjunction with the record survey; it is our understanding that the City would also like us to electronically locate all of the new hydrants and gate valves. Resident Project Representative (RPR) The on-site representative or Resident Project Representative (RPR) is the Engineers agent at the site and will act as directed by and under the supervision of the Engineer. The RPR shall serve as the liaison with the contractor, working principally through the contractors superintendent. They will assist in helping the contractor understand the intent of the Contract Documents. The field personnel will review the progress schedule, shop drawings, and required submittals, Schedule of Materials Control and consult with the Engineer concerning acceptability. The RPR will be responsible for maintaining job site files, for correspondence, meeting reports, field orders, and supplemental agreements. They will keep a daily diary or log book. Records pertaining to quantities and applications for payment will be the responsibility of the RPR. The RPR will also keep information pertaining to record plans, and scheduling the survey crew based on the staking requests from the contractors representative. Project Team Daniel Erickson, P .E. will manage coordination as required between city staff and the surveying and will provide administration of our contract with the City. He will also be available to answer design related questions and will attend the weekly project construction meetings as necessary. Joe Clement will serve as Resident Project Representative (RPR) and will assist the City with field representation. Paul Haugen will be the lead Survey Crew Chief assigned. Mike Kotila will be available to provide traffic engineering support as necessary. Brian Albrecht will be available to provide geotechnical field support as may be required with the installation of the lightweight material and sub grade correction work. Schedule We anticipate the majority of construction staking and RPR services to take place within the months of March to October. Staff hours for staking and RPR services are covered in our fee estimate. The record plan survey will follow completion of the construction. The RPR time is based on 5 days pet week at 10 hours per day for 26 weeks (April 19 thru October 15). Compensation SEH proposes to be compensated for the scope of work proposed in the Agreement 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 can be negotiated or provided as extra work on an hourly basis. We have estimated these costs to be $272,755. Ms. Jeaimine Clancy February 23,2010 Page 3 This agreement is an understanding of the project to date. If this document satisfactorily sets forth your understanding of our agreement, please sign in the space below and return one copy to our office~ We look forward to working with you, your staff, and the community on this project. Thank you for the opportunity to continue to work with the City of Golden Valley. Respectively submitted, SHORT ELLIOTT HENDRICKSON INC. ah Enclosures s:\fj\g\goldv\l06429\2-mgmt~clancy const service 20 I 0 reb 22.doc Approved this day of ,2010 City of Golden Valley, Minnesota By: Title: Construction Services 2010 PMP Dellverables: Construction Observation, Staking, Full Time RPR, Record Plan Services Task :~'l1;H!1HHij~h~;~h]HH:!i;tjf!#~i,~jmii1:!f:~~t!~jH i~jH!)t ;;!;,: :f,~i~-lh:;j;;:;~jiu;!lr8nj'n'!~'!:mi:H:H; ii!1 id'I];! .....;;.':.'l':;.I'.;'" ;:1:,:::::;:;:-" !!!'H;j!i~iHHhH~jj~!!j HWH!:W!h~iin!iH :", 'j A. Observation Precon Meeting Shop drawing review Field RevlewlWeekly Construction Meetings Project Close Out B. Full Time Resident Project Representative (RPR) C. Construction Staking Horizontal and Vertlcel Control Centerline/Offset Stakes Slit Fence Walls and Easements Sanitary Sewer Stakes Water main Stakes Storm Sewer Stakes Crew Chief Dala Download Curb and Gutter Stakes Blue Tops (after curb Is In-place) Miscellaneous. utility staking Travel D. Record Plan Services Survey Record Plan Prep Total hours Project Labor $247,997 Expenses Survey equipment Mileage and Expenses Miscellaneous. copies. hubs,lath $14,750 $6.509 $3,500 Total ;,roiect cost this Dhase lm.lli Uniaue comDonents or assumDtlons: Survey Crew as required. ProJeet Mas.gor 21271 ProJeet EagIa_ GeoleebalC81 Engineer RPR RLS Word Processor Sorvey Crew TroOlc Eaglneer :::r'" _....,i.:- ',r::;": i ',','''='':;: ::~. ! :;!~;,! :, :',;;:j;~ j: ,:.,." :j!i:ij1iii!J.n!~: HiH~jHlh!iHHH h,_...;. ;-i~W!,iii" :,!iii,,,:: :,,; :;n:HHm~jfWmM~jfhi !::;'tHH::~j ";,;;,,-,,,;;' """'-':"";' ;U;l~r;~~mijl; 8 52 6 6 4 8 8 52 16 16 4 40 1300 16 2 2 1 1 1 2 2 1 20 20 8 4 4 3 32 60 8 4 36 24 80 20 106 40 16 58 . 36 161 520 n' ... " ._. ;::,;r~!l .;,;;:,':,;;,;,,;::,;,,-, 161 161 1366 191 Construction services are largely dependant on weather and Contractor's schedule. Estimate based on 5 days per week at 10 hours a day for 26 weeks (April 19 thru Octobe, Materials testing by others 1581 16 tl Xcel Energy- Outdoor Lighting 825 Rice Street Sl Paul, MN 55117 Construction Agreement For Street Lighting Facilities The customer identified below ("Customer") and Northem States Power Company, a Minnesota Corporation and wholly owned subsidiary of Xcel Energy Inc. ("Xcel Energy" or "Company") agree to this Construction Agreement for Street Lighting Facilities, including the attached Terms and Conditions, for the following street light facilities: Customer: City of Golden Valley Address: 7800 Golden Valley Road City: Golden Valley State: MN Zip Code: 55427 Project charges of: Seventy eight thousand four hundred dollars and no/100 Dollars: $78,400.00 In accordance with the following terms of payment: Payment due 30 days after construction is completed For Association or City of: Golden Valley Streetlights/Facilities Location: 2010 pavement improvement plan Rate Code: Installation of a Group 5 (Prepay Option) street light system. The monthly per street light fee is $6.09. Service consisting of: Installation of Comoanv Owned streetllaht facilities consistina of: DesiGnation of LamDs: Number of Luminaries: Moving the following Company Owned streetlight facilities to a new location: Remove existing and install 32.100W traditional fixtures on 1S'direct buried FG poles. Install by plowapprox 4100' of #6 AL DX in 11/2" conduit to provide feeds. Construction process valid for 30 days from: Project charges valid for 60 dayS from sianlna of contract Customer and Xcel Energy agree to the attached terms and conditions for the installation and moving of the facilities identified above. Customer and Xcel Energy agree that the operation of the facilities shall be subject to the General Street Lighting Contract for Operations & Maintenance Services between Customer and Xcel Energy, dated Dated this day of City of Golden Valley 20 Dated this day of 20 Customer: Xcel Energy: By: By: Title: Title: Consultant Date: January 22, 2010 Edward P. Bie In Jr. Div: MPLS XCEL ENERGY USE ONLY Northem States Power Company, a Minnesota corporation and wholly owned subsidiary of Xcel Energy Inc. November 2008 Page 1 of 5 fl, Xcel Energy. Outdoor Ughting 825 Rice Street St. Paul, MN 55117 TERMS AND CONDITIONS Customer and Company agree to the following terms and conditions: 1. Acceptance. Execution of this Agreement constitutes Customer's acceptance of the express terms of Company's proposal and the offer contained therein, which are included and incorporated into this Agreement. Any additional or different terms proposed by Customer, or any attempt by Customer to vary in any degree any of the terms in this Agreement in Customer's acceptance, are hereby objected to and rejected, and (i) such additional or different terms shall not operate as a rejection of the incorporation of the Company's proposal in this Agreement unless such variances are with respect to terms involving the description, quantity, or delivery schedule of the Work to be performed by Company as described in Company's proposal ("the Work" means the supplying of any labor, materials, or any other work of Company expressly described in Company's proposal); (ii) such additional or different terms shall be deemed a material alteration hereof; and (iii) Company's proposal shall be deemed accepted by Customer and incorporated into this Agreement without said additional or different terms. 2. Request for Installation; Rights. Customer requests that Company install outdoor lighting at the Iocation(s) designated on page one and/or as shown on the attached exhibit Customer grants Company any right, privilege and easement to install,operate and maintain its facilities, including underground facilities, on the property. 3. Installation Requirements. Customer agrees that, prior to Company starting work: (1) the route of Company's service installation shall be accessible to Company's equipment; (2) Customer will remove all obstructions from the route at no cost or expense to Company; (3) Customer will clearly mark all septic tanks, drain-fields, sprinkler systems, water wells, owner-installed electric or pipeline facilities, or other Customer-owned facilities in the installation route; and (4) the ground elevation along the route shall not be above or more than four inches below the final grade. Company will contact the appropriate agency to locate 3rd party utility facilities (phone, cable, etc.) on Customer property. Customer agrees Company is not responsible for damage to Customer-owned underground facilities not marked at the time of outdoor lighting service installation. 4. Installation Cost Contribution. Customer agrees to pay an installation cost contribution provided in Project Charges on page one. Customer is responsible for any additional installation costs incurred by Company because of (1) soil conditions that impair the installation of underground facilities, such as rock formations, etc., (2) extensive existing underground facilities, and (3) any existing conditions that exist but did not exist at the time the installation cost was determined, such as new sidewalks, curbing, black top, paving, sod or other landscaping and obstructions along the cable route. 5. Winter Construction Charges. When underground facilities are installed between October 1 and April 15, inclusive, because of failure of Customer to meet all requirements of the Company by September 30, or because the Customer's property, or the streets leading thereto, are not ready to receive the underground facilities by such date, such work will be subject to a Winter Construction Charge when winter conditions of six inches or more of frost exist, snow removal or plowing is required to install service, or bumers must be set at the underground facilities in order to install service for the entire length of the underground service. Winter construction will not be undertaken by the Company where prohibited by law or where it is not practical to install underground facilities during the winter season. The charges apply to frost depths of 18" or less. At greater frost depths, the Company may individually determine the job cost. The Company also reserves the right to charge for any unusual winter construction expenses. All winter construction charges are non-refundable and are in addition to any normal construction charges. 6. Schedule; Delays. Quoted shipping and completion dates are approximate and are based on prompt receipt of all necessary information and approvals from Customer and access as required by Company and its contractors or subcontractors (if any) to the site and to the equipment which is the subject of this Agreement. If Company's performance is delayed by Customer's suspension of work, in whole or in part, or by any act or omission of Customer, the time for performance will be extended by the period of time required by Company to retum to the state of performance that existed before the delay. If the delay or suspension continues for sixty (60) days, Company has the right to cancel or renegotiate the Agreement. Customer will pay an equitable adjustment based on a claim submitted by Company for all reasonable costs, damages and expenses incurred by Company incident to the delay or suspension. Northem States Power Company, a Minnesota corporation and wholly owned subsidiary of Xcel Energy Inc. November 2008 Page 2 of 5 tl Xcel Energy. Outdoor Ughting 825 Rice Street St. Paul, MN 55117 7. Changes. The prices for any extras or changes to the scope of the Work or modifications to the payment or performance schedule will be agreed upon in writing before either party will be obligated to proceed with such changes. Performance of any change will not waive any claims for equitable adjustment in price or schedule. 8. Relocating Facilities. Customer agrees to pay the cost of relocating any portion of facilities, including underground facilities, to accommodate Customer or as required due to altering of grade, additions to structures, installation of patios, decks, gardens, sidewalks, curbing, paving, blacktop, sod, landscaping or any other condition which makes maintenance of the Company's facilities impractical. Company shall notify Customer of such relocations prior to incurring relocation costs. 9. Environmental. Prior to the start of the Work, Customer will provide notice of any hazardous materials or hazardous situations that it is aware of with respect to the facilities where the Work is to be performed or that could affect the Work. in the event Company encounters the existence of asbestos, asbestos containing materials, formaldehyde, lead, or potentially toxic or otherwise hazardous material in the performance of the Work, the discovery thereof shall constitute a cause beyond Company's reasonable control and Company shall have the right to cease or not commence the Work until the area has been made safe by Customer or Customer's representative, at Customer's expense. 10. Restoration. Company will restore any excavation of the boulevard on Customer's property with existing soil so it is level and clean. Customer is responsible for the final compacting, loam, seeding, sod or watering of the boulevard at Customer's expense unless otherwise noted on page one of this Agreement. 11. Additional Charges. In addition to the project charges on page one of this Agreement, Company shall be compensated for any added costs of performing the Work attributable to anyone or more of the following: (i) any and all extras and change orders and any and all other additional work mutually agreed by Customer and Company; (i1) any and all costs and expenses related to asbestos or other environmental matters, any unforeseen conditions or any changes in the law; and (iii) any and all added costs and expenses of performing the Work attributable to any change by Customer in the criteria or information for the facility or to any delay or breach by Customer or its subcontractors. 12. Operations; Maintenance. Customer requests and authorizes Company to provide illumination and maintain the street lighting facilities under the Terms and Conditions as described in Customer's General Street Lighting Contract for Operations & Maintenances Services with Company, which shall be effective upon the completion date of the street light installation. 13. Payments. Unless otherwise specified in Company's proposal, Company may at its option invoice Customer upon completion of the Work or invoice Customer on a monthly basis for construction work performed under this Agreement. Customer shall pay Company all invoiced amounts within thirty (30) days of receipt of invoice. 14. Tennination. Customer may terminate the Agreement only upon written notice to Company and payment to Company for all (i) services and Work rendered or performed to the effective date of such termination; (ii) materials, supplies and equipment purchased prior to the effective date of such termination; and (iii) costs incurred by Company as a result of such termination. To the extent that Company uses the materials, supplies, or equipment on other projects or for maintenance purposes, Customer will not be charged for them. 15. Warranties. Company shall perform the Work in a safe and profeSSional manner in accordance with all applicable codes, standards, regulations and laws. Company shall repair, replace or correct to Customer's satisfaction all faulty or substandard work or defects in materials which appear within ninety (90) days from the date of completion of the Work. Acceptance of the Work or payment by Customer shall not affect this obligation. THE WARRANTIES SET FORTH IN THIS AGREEMENT ARE EXCLUSIVE AND IN LIEU OF ALL STATUTORY OR IMPLIED WARRANTIES (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE). 16. Limitation of Remedies. IN NO EVENT, WHETHER BASED ON CONTRACT, INDEMNITY, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, SHALL COMPANY BE LIABLE TO CUSTOMER FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS OR REVENUE. In no event whatsoever shall Northem States Power Company, a Minnesota corporation and wholly owned subsidiary of Xcel Energy Inc. November 2008 Page 3 of 5 tl Xcel Energy- Outdoor Ughting 825 Rice Street St. Paul, MN 55117 Company ever be liable to Customer for any damages or other amounts (including, without limitation, direct or actual damages), whether arising in contract or tort (including, without limitation, negligence) or otherwise, under or in connection with this Agreement or the Work, in an amount, in the aggregate, in excess of the total price paid for the Work; any and all claims for damages in excess of such amount being hereby forever waived and released by Customer; provided, however, that nothing contained in this sentence shall waive or limit any direct damages which Customer may suffer on account of Company's gross negligence or willful misconduct. 17. Force Majeure. Neither party will be liable to the other for any delay or failure to perform due to any cause beyond its reasonable control, including fire, flood, strike or other labor difficulty, act of God, or act of any governmental authority. The party experiencing the force majeure will notify the other party promptly, and appropriate adjustments will be negotiated. In the event of delay in performance due to force majeure, the date of delivery or time for completion will be extended by a period of time reasonably necessary to overcome the effect of such delay, provided that if such delay continues for 60 days the party not experiencing the force majeure may terminate this Agreement. 18. Document Approval. Company may request that Customer review documents developed by Company for conformity with Customer requirements or specifications. Unless Customer advises Company otherwise in writing within fifteen (15) days after Company's submission, Company may consider the documents approved and proceed with work. Changes thereafter, made at the direction of Customer, will entitle Company to adjustment by change order. 19. Documentation and Proprietary Information. Customer will provide Company with accurate and complete information in order to permit Company to successfully undertake and complete the Work. Company shall not be prohibited from disclosure or use of proprietary or confidential information or documents necessary for Company to secure or maintain in effect any license or permit, or otherwise to complete the Work. Where Customer information is incomplete or incorrect, resulting in delay or extra work, Company will be entitled to adjustment by change order. 20. Work Product. All reports, drawings, plans, specifications, calculations, studies, software programs, tapes, models and memoranda, if any, assembled or prepared by Company or Company's affiliates, independent professional associates, agents, consultants, contractors or subcontractors pursuant to this Agreement are instruments of service in respect of the Work, and Company shall retain all ownership and property interest therein, whether or not the Work is completed. Customer may make and retain copies for information and reference in connection with the Work; provided, however, that it is understood and agreed that such documents are not intended to be re-used by Customer or others on extensions of the project or on any other project or any other purpose other than as expressly set forth in this Agreement, and Customer shall not re-use or disclose to any third party all or any portion of such work product without the express prior written consent of Company. 21. Customer Facilities. Company does not assume any responsibility for the adequacy, safety or satisfactory performance of Customer's facilities. Customer shall, to the fullest extent permitted by law, indemnify, defend and hold harmless Company and its officers, directors, agents, employees, and representatives from and against any and all losses, claims, damages, expenses (including attorneys' fees and costs) arising, for any reason whatsoever, out of the failure, non-operation or faulty performance of Customer's facilities (except to the extent of Company's gross negligence or willful misconduct). 22. Subcontracting. Company may subcontract any portion or all of the Work without the approval of Customer. 23. Independent Contractor. Nothing contained in this Agreement nor any acts of the parties shall be construed to create the relationship of principal and agent, or of limited or general partner, or of joint venture or of any association between or among the parties to this Agreement, except that of owner and independent contractor. 24. Title; Rights of Access~ Customer warrants that it has fee simple title to the property. Customer hereby grants to Company the right to enter and improve the real property for the purposes stated herein. 25. Ownership. Customer shall acquire no right, title or interest in any portion of the Work or Company's equipment or facilities placed in, on, over, through and/or under the real property by Company. The Work constructed and installed by Company on the real property of Customer shall be and mean the personal property of Company, shall not be considered a fixture of the property, shall not attach to the realty, and shall not be alienable or Northern States Power Company, a Minnesota corporation and wholly owned subsidiary of Xcel Energy Inc. November 2008 Page 4 of 5 tl XceI Energy- Outdoor Ughting 825 Rice Street Sl Paul, MN 55117 lienable by Customer or any other party. Further, Company may remove, repair and replace the Work and its component system and equipment at any time without notice in Company's sole and absolute discretion. 26. Other. It is agreed that failure by Customer or by Company at any time or from time to time to enforce any of the provisions of this Agreement shall not be construed to be a waiver of such provision or of Customer's right or Company's right, respectively, to thereafter enforce each and every provision hereof. This Agreement contains, with respect to the specific services to be performed by Company, the entire understanding of the parties, and shall supersede any other oral or written agreements and be binding upon and inure to the benefit of the parties' successors and assigns. This Agreement may not be modified in any way without the written consent of both parties. If any provision of this Agreement is determined by a court to be unenforceable, then such provision will be deemed null and void but the remaining provisions shall be enforceable according to their terms. This Agreement shall be construed and interpreted in accordance with the intemallaws of the State of Minnesota (as opposed to conflicts of laws provisions) as though all acts and omissions contemplated hereby or related hereto occurred in Minnesota. No course of prior dealing, usage of trade and course of performance shall be used to modify, supplement or explain any terms of this Agreement. Neither Party will assign or otherwise transfer its rights or obligations hereunder, in whole or in part, without the advance written consent of the other. Notwithstanding the above, Company may assign its rights or obligations to any of its affiliates without the written consent of Customer. 27. Governing Law. The Terms and Conditions provided herein and the rights of all the parties hereunder shall be construed under and governed by the laws of the State of Minnesota. Northern States Power Company, a Minnesota corporation and wholly owned subsidiary of Xcel Energy Inc. November 2008 Page 5 of 5 Hey Memorandum Finance 763-593-8013/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting March 2, 2010 Agenda Item 3. F. Call for Public Hearing - Special Assessments Prepared By Sue Virnig, Finance Director Summary At this meeting the City Council should call for a public hearing for April 6, 2010 at 7 pm to consider certifying the following special assessments: 2010 Pavement Management Program - Includes various improvements for streets in the following locations: . Cutacross Road: Meander Road to Ski Hill Road . Edgewood Avenue North: Glenwood Avenue to Westchester Circle . Georgia Avenue North: Glenwood Avenue to Westchester Circle . Harold Avenue: Idaho Avenue North to cul-de-sac . Idaho Avenue North: cul-de-sac to Olson Memorial Frontage Road (south) . Kingston Circle: Idaho Avenue North to cul-de-sac . Meander Road: Glenwood Avenue to Cutacross Road (west) . Olson Memorial Frontage Road (south): Douglas Drive to Glenwood Avenue . Paisley Lane: Glenwood Avenue to Cutacross Road . Pomander Walk: Paisley Lane to cul-de-sac . Ski Hill Road: Paisley Lane to cul-de-sac . Westchester Circle: Olson Memorial Frontage Road (east) to Olson Memorial Frontage Road (west) . Windy Draw: Ski Hill Road to cul-de-sac Recommended Action Motion to call a public hearing for special assessments for April 6, 2010 at 7 pm. Hey Memorandum Park and Recreation 763-512-2342 I 763-512-2344 (fax) Executive Summary For Action Golden Valley City Council Meeting March 2, 2010 Agenda Item 3.G. Acceptance of Donation of $1000.00 from the Brookview Men's Golf Association to Brookview Golf Course Prepared By Ben Disch, Brookview Golf Operations Manager Summary As adopted in the Donation/Gift Policy, a gift of real or personal property must be accepted by the City Council by resolution and be approved by a two-thirds majority of the Council. A cash donation must be acknowledged and accepted by motion with a simple majority. The Brookview Men's Golf Association has donated $1000.00 to be used for the purchase, wiring, and installation of a flat screen monitor at Brookview Golf Course, which would be used to serve as an electronic display showing upcoming golf related events and information. The monitor would be placed in the main hallway of the clubhouse. All information displayed on the monitor would be created and approved by Brookview and/or city Management. Recommended Action Motion to adopt Resolution Accepting Donation for the Purchasing, Wiring, and Installation of a Flat Screen Monitor from the Brookview Men's Golf Association. Resolution 10-17 March 3, 2010 Member introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING DONATION FROM BROOKVIEW MEN'S GOLF ASSOCIATION FOR PURCHASING, WIRING AND INSTALLATION OF A FLAT SCREEN MONITOR WHEREAS, the City Council adopted Resolution 04-20 on March 16, 2004 which established a policy for the receipt of gifts; and WHEREAS, the Resolution states that a gift of real or personal property must be accepted by the City Council by resolution and be approved by a two-thirds majority of the Council. A cash donation must be acknowledged and accepted by motion with a simple majority. NOW, THEREFORE, BE IT RESOLVED that the City Council accepts the following donations: $1000 from Brookview Men's Golf Association. 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 ; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and her signature attested by the City Clerk. Hey Memorandum Public Works 763-593-8030 I 763-593-3988 (fax) Executive Summary For Action Golden Valley City Council Meeting March 2, 2010 Agenda Item 3. H. Receive and File Letter from Three Rivers Park District Regarding Winter Trail Maintenance Prepared By Jeannine Clancy, Director of Public Works Summary Mayor Loomis has received a response to the City's letter inquiring about winter trail maintenance of certain segments of the Luce Line Trail owned by the Three Rivers Park District in Golden Valley. The letter is attached for Council's review. Attachments Letter from Three Rivers Park District dated February 11,2010, to Mayor Loomis (1 page) Recommended Action Receive and file a letter from Three Rivers Park District regarding winter maintenance of the Luce Line Trail in Golden Valley. ------- -. --~-- ----- - "~e' _,_, ........ _"o:.'t ThreeRivers 'PARK DISTRICT . - ----- __ ________-4....--...-- -----.----- ---_.~ -------~ February 11, 2010 Three Rivers Park District Board of Commissioners Sara Wyatt District 1 Marilynn Corcoran, Vice Chair District 2 Mark Haggerty District 3 Dale Woodbeck District 4 Rosemary Franzese District 5 Larry Blackstad. Chair Appointed Barbara Kinsey Appointed Cris Gears Superintendent Linda R. Loomis, Mayor City of Golden Valley 7800 Golden Valley Road Golden Valley, MN 55427-4588 -' '~'~I '~')..4.:.; moz 9 ~ :;jj j 1'~';"7:' a~l......,.~-! >,)~I Dear Mayor Loomis: Thank you for contacting us about the portion of the Luce Line Regional Trail that runs through Golden Valley. 'We're very pleased to see how popular the trail has become, and we appreciate the partnerships with cities and other agencies that have made it possible to develop and operate this and other regional trails. As you may know, Three Rivers maintains more than 100 miles of regional trails from April 1 through November 14 of each year, and we face budget concerns similar to those in other government agencies. Your suggestion is certainly worthy of consideration., and would require our Board to make thoughtful and deliberate decisions about utilization of the Park District's resources. If we add winter regional trail maintenance to our operating responsibilities, we would face a choice of budgeting for additional staff and equipment or cutting services within the parks. Additionally, the choice of whether to plow or pack does not have a simple answer, as some communities prefer plowed trails and others prefer a surface of packed snow. I have shared your interests with the Chair of our Board, Larry Blackstad. We expect that the full Board will review the Park District's regional trail operation policies during the coming months, and the maintenance of regional trails during the winter will be part of these discussions. I will be sure to let you know when these conversations will be taking place, and I expect that the Board will solicit input from communities along the trails as well as feedback from trail users. Cris Gears, Superintendent cc: Larry Blackstad, Chair, Board of Commissioners Tom Burt, City Manager, City of Golden Valley Jeannine Clancy, Director of Public Works, City of Golden Valley Rick Jacobson, Director of Parks and Recreation, City of Golden Valley Administrative Center, 3000 Xenium Lane North, Plymouth, MN 55441-1299 Information 763.559.9000 · TTY 763.559.6719 · Fax 763.559.3287 · www.ThreeRiversParks.org i Hey Memorandum Planning 763-593-8095/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting March 2, 2010 Agenda Item 5. A. Second Consideration - Ordinance #430 - Amending Section 4.20 Regarding Sign Permits and Regulations in the 1-394 Mixed Use Zoning District Prepared By Joe Hogeboom, City Planner Summary At its meeting on February 16, 2010 the City Council adopted on first consideration Ordinance #430 regarding sign permits and regulations in the 1-394 Mixed Use Zoning District. Since that meeting staff has made one change to the proposed language by removing the words "Maximum Total Sign Area, Total Sign Area" from definition W. "Surface Area of Sign". This change is being proposed because maximum total sign area is described in a different section of the sign code requirements. In order to save publishing costs staff is requesting the Council approve publication of the Summary Ordinance. This action requires a 4/5 vote. Attachments Underlined/Overscored version of certain pages of Section 4.20 (11 pages) Ordinance #430, Amending Section 4.20 Regarding Sign Permits and Regulations in the 1-394 Mixed Use Zoning District (7 pages) Summary of Ordinance #430, Amending Section 4.20 Regarding Sign Permits and Regulations in the 1-394 Mixed Use Zoning District (1 page) Recommended Action Motion to adopt on Second Consideration, Ordinance #430, Amending Section 4.20 Regarding Sign Permits and Regulations in the 1-394 Mixed Use Zoning District. Motion to approve publication of the Summary of Ordinance #430, Amending Section 4.20, Regarding Sign Permits and Regulations in the 1-394 Mixed Use Zoning District. ~ 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. I. 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 sign, 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. 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 brightly focused light that may rotate, flash, remain steady or some combination of these. 94.20 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 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. 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. A. Bench signs. If located on a bench permitted by the City and as defined and allowed by City Code Section 7.40 94.20 B. Menu signs C. Private Directional signs D. Public signs E. Signs on licensed vehicles moved daily F. Garage Sale signs 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 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 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. 94.20 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 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. J. 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. 94.20 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. 1. Planned Unit Development (PUD). Signs for a PUD shall be governed by the underlying zoning on the property. 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. 94.20 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: lsingle-Use I. 32 sq. ft. LMixed-use . 64 s9. ft. 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. Single Use Non- Residentia I (Includes single use commercial, office, hotel, institutional, and Industrial/light industrial uses) Parcel Size or Floor Area o to 1 acre or floor area of 0 to 15,000 ross s . ft. > 1 to 3 acres or floor area of >15 to45 000 ross s . ft. >3 to 5 acres or floor area of >45 to 75,000 gross sq. ft. >5 acres or floor area of > 75,000 ross s . ft. Mixed Uses Parcel Size or Floor Area 94.20 Maximum Total Si n Area 1-394 Mixed Use Zonin District Subdistrict Subdistrict Subdistrict ABC Low Rise - Mid Rise - High Rise - up to 3 up to 6 up to 10 stories stories stories 100 s .ft 120 s . ft 150 s . ft. 120 s . ft. 150 s . ft. 200 s . ft. 200 s . ft. 250 s . ft 300 s . ft. 300 s . ft. 350 s .ft 400 s .ft 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 150 s .ft 180 s .ft 200 s . ft. 200 s . ft. 250 s . ft. 300 s . ft. 250 s . ft. 300 s .ft 400 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. 94.20 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 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. 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 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: 94.20 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 ~ 4.20 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 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. 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. 94.20 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 3(G) is deleted in its entirety. Section 4. Section 4.20 Subdivision 8(E) 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 5. 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 I-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 6. 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 7. 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 8. 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 9. Section 4.20 Subdivision 9(H)(3)(a) is deleted in its entirety. Section 10. Section 4.20 is amended by adding the following in Subdivision 9: ]. 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 c1ause, 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: I Single-use 132 sg. ft. Mixed-use 64 sq. ft. 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 Si n Area Single Use Non- 1-394 Mixed Use Zonin District Subdistrict Subdistrict Subdistrict Residential 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 > 75,000 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 11. 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 12. 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 13. This Ordinance shall take effect after its publication as required by law. Adopted by the City Council this 2nd day of March, 2010. Is/Linda R. Loomis Linda R. Loomis, Mayor ATTEST: Is/Susan M. Virnig Susan M. Virnig, City Clerk SUMMARY OF ORDINANCE NO. 430, 2ND SERIES AN ORDINANCE TO THE CITY CODE AN ORDINANCE AMENDING THE CITY CODE Amending Section 4.20, Regarding Sign Permits and Regulations in the 1-394 Mixed Use Zoning District The City Council for the City of Golden Valley herby ordains as follows: Section 1. Chapter 4, Section 4.20 of the City Code was amended by: 1) Redefining the definition of and provisions related to pylon signs. 2) Removing Subdivision 3(G), regarding temporary signs at athletic events. 3) Adding Subdivision 9(J) regarding the regulation of signs in the 1-394 Mixed Use Zoning District including: the purpose of the section, the requirement of a signage plan, permanent and temporary sign regulations, maximum total signage allowed, and requirements for building name signs, wall signs, monument signs, pylon signs, multi- tenant building signs, projecting signs, awning and canopy signs, window signs and sign setbacks, and other design requirements. Section 2. The 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 of a Misdemeanor or Petty Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim. Section 3. This ordinance shall take effect from and after its passage and publications required by law. Adopted by the City Council this 2nd day of March, 2010. Is/Linda R. Loomis Linda R. Loomis, Mayor ATTEST: Is/Susan M. Virnig Susan M. Virnig, City Clerk