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06-15-10 CC Agenda Packet AGENDA Regular Meeting of the City Council Golden Valley City Hall 7800 Golden Valley Road Council Chamber June 15, 2010 6:30 pm The Council may consider item numbers 1, 2, 3, 5 and 6 prior to the public hearings scheduled at 7 pm 1. CALL TO ORDER A. Roll Call B. Receipt of Community Partnership Grant from CenterPoint Energy 2. ADDITIONS AND CORRECTIONS TO AGENDA 3. CONSENT AGENDA Approval of Consent Agenda - All items listed under this heading are considered to be routine by the City Council and will be enacted by one motion. There will be no discussion of these items unless a Council Member or citizen so requests in which event the item will be removed from the general order of business and considered in its normal sequence on the agenda. A. Approval of Minutes - City Council Meeting - June 1, 2010 and Council/Manager - June 8, 2010 B. Approval of Check Register C. Licenses: 1. Gambling License Exemption and Waiver of Notice Requirement - People Responding in Social Ministry D. Minutes of Boards and Commissions: 1. Joint Water Commission - May 5, 2010 2. Open Space and Recreation Commission - April 26, 2010 3. Envision Connection Project Board of Directors - April 15, 2010 E. Bids and Quotes: 1. Douglas Drive Sealcoating - Quotes 2. Manhole Covers - Quotes F. Authorization to Sign Cooperative Agreement with Cities of Hutchinson and Fridley for Watermain Rehabilitation G. Appointing Absentee Ballot Board Election Judges for Primary and General Election 10-33 H. Authorization to Sign Agreement with Anderson-Johnson Association for Honeywell Ballfields 4. PUBLIC HEARINGS 7 PM A. Public Hearing - Platted Drainage and Utility Easement Vacation - 125 Edgewood Avenue North 10-34 B. Public Item - 2009 National Pollution and Discharge Elimination System (NPDES) Phase II, Storm Water Pollution Prevention Plan, Annual Report to Minnesota Pollution Control Agency 10-35 5. OLD BUSINESS 6. NEW BUSINESS A. On-Sale and Sunday Sale Liquor License - Teresa's LLC d/b/a Teresa's Mexican Restaurant B. First Consideration - Ordinance #441 - Adding a New Section 10.54: Regulating the Use of Coal Tar-Based Sealer Products C. Announcements of Meetings D. Mayor and Council Communications 7. ADJOURNMENT ~lley e n Fire Department 763-593-8079 I 763-593-8098 (fax) Executive Summary for Action Golden Valley City Council Meeting June 15, 2010 Agenda Item 1. B. Receipt of Community Partnership Grant from CenterPoint Energy Prepared By Mark Kuhnly, Chief of Fire & Inspections Summary The Fire Department made application for a $2,500 Community Partnership Grant offered by CenterPoint Energy. The grant will be used toward the purchase of hydraulic extrication equipment. The equipment will be used by first responders to extricate victims that are entrapped resulting from an accident. A representative from CenterPoint Energy will be at the meeting to present the check. Recommended Action Motion to accept the $2,500 Community Partnership Grant from CenterPoint Energy to be used toward the purchase of hydraulic extrication equipment. alley o urn Finance 763-593-8013/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting June 15, 2010 Agenda Item 3. B. Approval of City Check Register Prepared By Sue Virnig, Finance Director Summary Approval of check register for various vendor claims against the City. Attachments Loose in agenda packet. Recommended Action Motion to authorize the payment of the bills as submitted. alley m du City Administration/Council 763-593-8006/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting June 15, 2010 Agenda Item 3. C. 1. Gambling License Exemption and Waiver of Notice Requirement - People Responding in Social Ministry Prepared By Judy Nally, Administrative Assistant Summary As per State Statute organizations that conduct gambling within the City limits have to submit an application for a lawful gambling permit to the State after the permit has been approved or denied by the City. Depending upon the timing of the permit the applicants may request the City to waive the 3D-day waiting period. Attachments Application for Exempt Permit (2 pages) Letter from People Responding in Social Ministry 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 People Responding in Social Ministry. .. Minnesota Lawful Gambling LG220 Application for Exempt Permit An exempt permit may be issued to a nonprofit organization that: - conducts lawful gambling on five or fewer days, and - awards less than $50,000 in prizes during a calendar year. QR$A.NIM't'IQNINFQRMA"fIQN org,;zat.ion name r fr)JYI Type of nonprofit organization. Check one. D Fraternal D Religious D Veterans 'f;8j Other nonprofit organization Mailing address City State Zip Code County OV~'<l{,- S.v, Coo 1lC/v- ..j, lY).v S5' 'Zi" W~ Name of chief executive officer (CEO) Email address t2:.\ \c..~ ~ klY\.s r-- Previous gambling permit number 'l?7o C{r 7lv3"5L1r 1350 Ohl'So.'"I(fZ Attach a copy of Qt-<<e of the following for proof of nonprofit status. Check one. Is: cYJ Do not attach a sales tax exempt status or federal 10 employer numbers as they are not proof of nonprofit status. D Nonprofit Articles of Incorporation OR a current Certificate of Good Standing. Don't have a copy? This certificate must be obtained each year from: Secretary of State, Business Services Div., 180 State Office Building, St. Paul, MN 55155 Phone: 651-296-2803 r,::i IRS income tax exemption [501(c)] letter in your organization's name. ~ Don't have a copy? To obtain a copy of your federal income tax exempt letter, have an organization officer contact the IRS at 877-829-5500. D IRS - Affiliate of national, statewide, or international parent nonprofit organization (charter) If your organization falls under a parent organization, attach copies of both of the following: a. IRS letter Showing your parent organization is a nonprofit 501 (c) organization with a group ruling, and b. the charter or letter from your parent organization recognizing your organization as a subordinate. D IRS - proof previously submitted to Gambling Control Board If you previously submitted proof of nonprofit status from the IRS, no attachment is required. GAMBLING PREMISES INFORMA lION Name of premises Where gambling activity Will be conducted (for raffle$, list the site where the draWing Will take place) ! O' VI"\ V, , {) . . 'LA^- i- Cl~ , Address (do not use PO bo \ I Ci". . County '{CO Go I ~ \j c . 0c.d Gol L" ~ '\'\ Date(s) of activity (for raffles, indicate the e of the drawing) ~~\I\ S~ I ~20) 0 heck the box r boxes that indIcate the type of gambling activity your organization will conduct: o Bingo* p(Raffles DPaddlewheels* OPull-Tabs* o Tipboards* * Gambling equipment for pull-tabs, bingo paper, tipboards, and paddlewheels must be obtained from a distributor licensed by the Gambling Control Board. EXCEPTION: Bingo hard cards and bingo number selection devices may be borrowed from another organization authorized to conduct bingo. ..:fo find a licensed distributor, go to www.gcb.state.mn.us and dick on List of Licensed Distributors, or call 651-639-4076. Also complete Page 2 of this form. I Print Fmm I jResetFotml LG220 Application for Exempt Permit Page 2 of2 1110 L,(;)"AiL.VNJ'T'.~~.I~MI:.NI,eN'T'.A~~N<:>WL.eIt)III:N'T' If the gambling premises is within city limits, If the gambling premises Is located In a township, a a city official must check the action that the city is county official must check the action that the county is taking taking on this application and sign the application. on this application and sign the application. A township official Is not required to sign the application. ,~~e application is acknowledged with no waiting period. _The application is acknowledged with a 30 day waiting period, and allows the Board to issue a permit after 30 days (60 days for a 1st class city). _The application is denied. Date ~ Y;; /0 CHIEF EXECUTIVE OFFICER'S SIGNAiTURE _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_ (Optional) TOWNSHIP: On behalf of the township, I acknowledge that the organization is applying for exempted gambling actMty within township limits. [A township has no statutory authority to approve or deny an application [Minnesota Statute 349.166)] Print township name Signature of township official acknowledging application Title Date ---1---1_ The information provided in this application is complete and accurate to the best of ow/edge. I acknowledge that the financial report will be completed and ~tumed to the B a aate of our gambling activity. Chief executive officer's signature Date ~ 0 0 Complete a separate application for ea . 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 Financial report and recordkeeplng 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. the Board will be able to process your This fonn wiD be m~de av~i1able in altemative organization's application. Your organization's format O.il. large ~nt, Bra.llle) uJlO!" request. name and address will be public infonnation Data ,privacy notice:The Infonnation ~quested when received by the Board. All other on thiS form ~and any attachments) will be used information provided will be private data until by the Gambling Con~rol ~~rd (~rd). to the Board issues the pennit. VVhen the Board det~rmine y~ur orgaOlzatio~ s qu~ti~c;:ati~ns to issues the permit. all information provided will ~ mvolved In lawful gambl~ng actIVIties In become public. If the Board does not issue a Minnesota. Your organizatio.n has the rl9h.t to permit. all information provided remains private. refuse to ~upply the In~ation requested, with the exception of your organization's name h~ver. if ~our orgamzation refuses to supply and address which will remain public. Private thiS Inf~rmation, the ~oa~ ~ay no! be ~bIe to data are available to: Board members, Board detellmne your orgenlZation s qualifica~ons staff whose work requires access to the and, as a consequence. may refuse to Issue a permit. If you supply the information requested, information; Minnesota's 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 May 2010 PRISM 730 Florida Avenue South Golden Valley, MN 55426 www.prismmpls.org Judy Nally City of Golden Valley 7800 Golden Valley Road Golden Valley, MN 55427 ~ 763.529.1350 ~ 763.529.1454 Dear Ms. Nally: PRISM will be hosting our annual Golf and Silent Auction Dinner at the Golden Valley Golf and Country Club on August 16,2010. We are requesting permission to hold a raffle at the event and respectfully request that the Golden Valley City Council waive the customary 30-day waiting period for the exemption for lawful gambling permit required for this type of event. Thank you for your consideration of this request! JOINT WATER COMMISSION MINUTES Golden Valley - Crystal - New Hope Meeting of May 5, 2010 The Golden Valley - Crystal - New Hope Joint Water Commission meeting was called to order at 1 :30 pm, in the City of Golden Valley Council Conference Room. Commissioners Present Tom Burt, City Manager, Golden Valley Anne Norris, City Manager, Crystal Kirk McDonald, City Manager, New Hope Staff Present Sue Virnig, Finance Director, Golden Valley Bert Tracy, Public Works Maintenance Manager, Golden Valley Dave Lemke, Utilities Maintenance Supervisor, Golden Valley Bernie Weber, Utilities Maintenance Supervisor, New Hope Tom Mathisen, Director of Public Works, Crystal Jeannine Clancy, Director of Public Works, Golden Valley Guy Johnson, Director of Public Works, New Hope Minutes of April 7 2010 MOVED by Norris seconded by McDonald and motion carried unanimously to approve the minutes of the April 7, 2010 meeting. Clearwire Services on New Hope Water Tower Commissioner McDonald reported the contract for Clearwire was renegotiated and JWC will receive $25,000 per year for rent from Clearwire. Consulting Services for New Hope Well Rehabilitation Requests for proposals were solicited for engineering services to rehabilitate the JWC well located in New Hope from the following: Bolton & Menk $20,765 Bonestroo $48,388 MFRA $89,603 TKDA $42,000 MOVED by Norris seconded by McDonald and motion carried unanimously to approve consulting services with Bolton & Menk not to exceed $20,765 for the Municipal Well Rehabilitation Project in New Hope. Other Jeannine Clancy reported that staff from the City of Golden Valley attending a meeting with Honeywell to discuss the groundwater plume of contamination in the vicinity of Honeywell's Douglas Drive location. Joint Water Commission May 5,2010 Page 2 of 2 Honeywell will continue to monitor the groundwater and update Golden Valley. Next Meeting The next meeting will be June 2, 2010. Adjournment The meeting was adjourned at 1: 15 pm. Thomas D. Burt, Chair ATTEST: Christine Columbus, Administrative Assistant GOLDEN VALLEY OPEN SPACE & RECREATION COMMISSION Regular Meeting Minutes April 26, 2010 1. Call to Order Sandler called the meeting to order at 7:00 p.m. 2. Roll Call Present: Roger Bergman, Kelly Kuebelbeck, Emily Piper, Anne Saffert, Jerry Sandler, Dan Steinberg, Rick Jacobson, Director of Parks and Recreation; Brian Erickson, Recreation Supervisor; Damon Struyk, Wirth Beach Advisory Committee, and Sheila Van Sloun, Administrative Assistant. Ken Graves, Bob Mattison and Jim Vaughan. Absent: 3. Agenda Changes or Additions Jacobson added: . Sochacki Park BMX Course 4. Approval of Minutes - March 1. 2010 MOVED by Piper and seconded by Steinberg to approve the March 1 st meeting minutes. Motion carried unanimously. 5. Wirth Beach Advisory Committee Update - Damon Struvk Struyk is a Golden Valley resident who has been appointed to the Wirth Beach Citizen Advisory Committee. He explained that the committee's goal is to advise the Minneapolis Park and Recreation Board by collecting data and citizen input for use in planning Phase III of the Wirth Beach improvements. Struyk then discussed the three different phases of the Wirth Beach improvements, beginning with Phase I, which began in 2005. Phase II construction is currently underway. Struyk explained that there is a strong desire for the area to be fixed up but not overbuilt. He said there is a lot of support for a path around Wirth Lake along with other amenities. He said that safety is a concern and believes more visitors using the area would help. Struyk said the committee has two more meetings scheduled. It appears the committee supports the idea of improved maintenance, a walking path around the perimeter of the lake, keeping as much green space as possible, along with added features. 6. Athletic Field Grant Program Jacobson explained the sub-committee met and discussed the possibility of added soccer fields at Sandburg. They plan to have plans drawn up and move forward, if the association can raise some money. The goal is to have conceptual plans drawn up along with a cost estimate. Minutes of the Golden Valley Open Space and Recreation Commission April 26, 2010 Page 2 7. Recreation Report - Brian Erickson Erickson gave details on his programs. He said skating rink numbers were up this year from last. Kuebelbeck voiced citizen frustration that the rinks closed for the season even though temperatures and usage were good. She said she and others went to surrounding communities to skate because they kept rinks open longer. Erickson explained that the rinks are scheduled to close at the end of the day on President's Day, which is dictated by budget and generally temperatures. Erickson had eight teams for Adult Broomball. Two of those teams went on to the state tournament and won first place. Erickson said Golden Valley Girls Softball Slowpitch Association has 42 teams this year, up from last year with 39. He said Golden Valley Little League's opening day is May 1st. He explained that due to heavy usage on some weekends by the Youth Softball Association, a mailing was sent to homes residing in the Lions Park neighborhood with event dates. Erickson has hired all his seasonal staff for summer programs, which begin June 14 and end July 30 with the Penny Carnival at Brookview Park. 8. Sochacki Park BMX Course in Robbinsdale Jacobson explained that area youth have created a BMX course at Sochacki Park, which the City of Robbinsdale was considering closing due to liability of the course being on city park property. He was told two people have come forward to save the course. The City of Robbinsdale has given these individuals one year to come up with a plan for a safe course, which would include forming an association to design, build, monitor, maintain and insure the course. 9. Adjournment MOVED by Bergman and seconded by Piper to adjourn at 8:20 p.m. Motion carried unanimously. Envision Connection Project Board of Directors Meeting Minutes April 15, 2010 Present: Jim Heidelberg, Helene Johnson, Linda Loomis, Philip Lund, Dean Penk, Marshall Tanick, Blair Tremere and Luke Weisberg (GVCEF Representative) Absent: Sharon Glover Staff: Jeanne Andre The meeting began at 7:20 pm in the Council Conference Room. Approval of Minutes Tremere/Heidelberg moved to approve the minutes of March 25, 2010, as presented. Motion carried. Proposed Community Foundation/Non-Profit Dean Penk reported that the transitions group has not met since its first meeting, but he will be setting up a meeting shortly. Dean and Sharon Glover are preparing background information. Luke Weisberg is providing background information on the events fund. Linda Loomis reported that the Human Services Foundation Members Dan Blumb, Dianne Nimmer and Connie Sandler volunteered to work on the transition group. Helene Johnson reported that Community Foundations are the fastest growing segment of the foundation world. Linda Loomis reported that the Council recently adopted a resolution in support of the Community Foundation. Bridge Builders Lilac Project - The date of the event has been set for October 2. The committee is working with National Camera on the use of its old building site (currently vacant) to install a gate in the MnDOT fence and serve as the welcome center. Todd Carroll of MnDOT will be requested to develop a landscape plan for the next meeting in May. The daffodil group hopes to insert daffodils into the landscaping mulch. Blair Tremere has developed a list of potential donors for the rototiller, auger and food and will be sending out a funding request soon. The group is considering asking the local fast food restaurants to provide two-for-one coupons for volunteers in lieu of the lunch. Ice Cream Social - Dean Penk made contact with a representative of Sebastian Joe's ice cream. They are on board for 2010 and will work with the group on the details as the date gets closer. Marshall Tanick put out his initial request to sponsors. Dog Park - Linda Loomis reported that the Minneapolis Park and Recreation Board Wirth Beach Citizen's Advisory Committee has met and a number of members suggested that a dog park be considered at the site. The Advisory Committee will soon develop its list of proposed amenities and the representatives will share the information with their respective constituencies. Linda noted that if Wirth Park would proceed with a dog park Golden Valley could seek a cooperative agreement with the Minneapolis Park Board to seek contributions and volunteer labor in exchange for accepting Golden Valley applicants at the resident rate. The members discussed how much land is needed for a dog park and other possible locations in Golden Valley. Buckthorn Busting - Blair Tremere has set up a Buckthorn group on i-neighbors to gather interested folks. He is submitting a request to the Bassett Creek Watershed Management Commission to fund an educational seminar on buckthorn removal. Envision Connection Project Board of Directors Meeting Minutes April 15, 2010 - Page 2 Garden Club - Linda Loomis reported that the club had a good response to its initial plant sale and will have nursery and donated plants for sale at Golden Valley Days. The members are contributing perennials from their own gardens, which the group is cooperatively digging up in weekly sessions. Neighbors Helping Neighbors - Jeanne Andre reported that the City will likely receive $30,000 in Community Development Block Grant Funds to help pay for materials needed for improvements requested by low-income homeowners. They are working on the many details that must be addressed to meet federal government requirements. Helene Johnson reported that there seemed to be some communication issues at PRISM, which is serving as the intake coordinator for the program. Jeanne noted that a meeting next week will seek to iron out any kinks. Volunteers in the Valley - Dean Penk will try to get this group together before Valley Days so they can do outreach at that venue. Memorial Day Parade - The parade is scheduled and has been noticed in the SunPost. It is not officially a Bridge Builder activity. Valley Community Church Community Garden - The church is considering a garden but is not sure of the model they will use. If they chose to open it up to the community, it could be a Bridge Builder activity. Chimney Swift Houses - Jeanne Andre reported that a Golden Valley resident active in the Audubon Society has raised money and approached the City about placing a Swift chimney at the Xenia Avenue Pond. He contacted Jeanne to request contacts for Boy Scouts who may be interested in helping him construct the chimney. It the Boy Scout contact doesn't work he could solicit volunteers through Bridge Builders. Bridge Builder Quarterly Meeting The group wants to hold the next quarterly meeting at the new Byerly's Community Room. Blair Tremere (not Dean Penk) has been working to reserve the site, but has met confusion at Byerly's about the process for reserving the room. Blair will continue trying to meet at Byerly's but decided to have Brookview Community Center as a back-up site. The group also decided to reschedule it s June 17 meeting to be on June 26 from 9 to 10 am, right before the Quarterly Meeting. They will seek a tour at either place. Valley Days Members discussed the focus of the Connection Project/Bridge Builder activities at the festival. It was suggested that the focus be on Lilac Planting and other Bridge Builder events including buckthorn busting, volunteer day and the dog park. They would also like to publicize the Envision Award at the booth and encourage people to nominate someone. Some ideas for drawing attention to the site included new uniform signs that can be suspended, placed on a sandwich board or in sand tubs or cones, helium-filled "Helping Hands" (latex gloves), flyers, helium balloons and other give-a-ways that will draw folks to the booth. The community booths will be open between 10 am and 3 pm. 125 Year Anniversary Members discussed what focus an anniversary celebration could take. Marshall Tanick mentioned that he is working on a proposal with the Historical Society. Other suggestions included a launch for the Community Foundation and the volunteer day. Envision Connection Project Board of Directors Meeting Minutes April 15, 2010 - Page 3 The next meeting will be May 13. The June meeting was rescheduled to June 26 at 9 am. The meeting ended at 9:20 pm. Jeanne Andre, Assistant City Manager alley em rand Public Works 763-593-8030 I 763-593-3988 (fax) Executive Summary For Action Golden Valley City Council Meeting June 15, 2010 Agenda Item 3. E. 1. Award 2010 Sealcoat Project 10-4 Prepared By Jeannine Clancy, Director of Public Works Ron Nims, Public Works Project Coordinator Summary Staff opened the following bids for the 2010 Sealcoat Project No. 10-4 on June 7,2010: Allied Blacktop Company Pearson Brothers, Inc. Engineer's Estimate $ 27,400 $ 29,910 $ 29,300 In 2010, the sealcoating is expected be done on Douglas Drive from Golden Valley Road to St. Croix Avenue in cooperation with Hennepin County's overlay project from St. Croix to West Broadway in Crystal. The project will rehabilitate the existing deteriorating pavement and re-configure the roadway from the current four-lane layout to the proposed three-lane design. The work will be completed this summer. The 2010-2011 adopted Biennial Budget, Streets Maintenance Division, includes funding of $232,000 (Other Contractual Services, see page 53) for this project. A portion of this funding has been allocated to the pavement marking program. Additional funding has been set aside to pay for the 2010 overlay program. Adequate funding remains for Douglas Drive. Attachments Project Location Map (1 page) Recommended Action Motion to award the bid for the 2010 Sealcoat Project No. 10-4 to the lowest responsible bidder, Allied Blacktop Company, in the amount of $27,400. ~ l' t '" - ~ I o .... '-'" Hey Me 0 d Public Works 763-593-8030 I 763-593-3988 (fax) Executive Summary For Action Golden Valley City Council Meeting June 15, 2010 Agenda Item 3. E. 2. Purchase Solid Manhole Covers Prepared By Jeannine Clancy, Director of Public Works Bert Tracy, Public Works Maintenance Manager Summary The 2010-11 Sewer and Maintenance Budget (7122-6320, page 77) includes $50,000 for the purchase of solid manhole covers to aid in the reduction of inflow and infiltration of clear water into the sanitary sewer system throughout the community. The new solid manhole covers will replace existing manhole covers that have open pick holes. It is anticipated that this will be an ongoing project until all of the existing manhole covers with pick holes are replaced. Staff has received the following bids for 375 solid manhole covers: Ess Brothers and Sons, Inc. Neenah Foundry Company $42,482.81 $51,300.00 Recommended Action Motion to approve the purchase of 375 solid manhole covers, including Minnesota sales tax, in the amount of $42,482.81 from Ess Brothers and Sons, Inc. alley M mo ndu Public Works 763-593-8030 I 763-593-3988 (fax) Executive Summary For Action Golden Valley City Council Meeting June 15, 2010 Agenda Item 3. F. Cooperative Project Agreement: 2010 Watermain Rehabilitation Project Prepared By Jeannine Clancy, Director of Public Works Jeff Oliver, City Engineer Mitch Hoeft, Engineer Summary The City Council authorized preparation of plans and specifications for the 2010 Watermain Rehabilitation Project at its meeting on April 20, 2010. During the preliminary design process, staff became aware of additional cities that were interested in performing repairs of their watermain systems. The cities that expressed interest included the City of Hutchinson and the City of Fridley. The three cities would like to take advantage of this opportunity and join together to submit a larger project for competitive bid. In the past, larger project quantities for this type of work provide better unit prices and lower mobilization costs. The reason being, the use of trench less technology requires skilled contractors who are only available from certain parts of the country. Providing multiple projects to be bid under one bid document can essentially split the mobilization cost amongst the three cities rather than one city paying the entire cost. To complete this work, staff has drafted a Cooperative Project Agreement (CPA), which allows the cities to work together on this project. The CPA has been reviewed and commented on by the cities of Hutchinson and Fridley. Golden Valley's City attorney has also reviewed and approved this document. Please review the CPA and authorize Golden Valley's participation in the agreement. Once authorized, Short Elliott Hendrickson, Inc. will submit bidding documents to the City of Golden Valley for contractors to bid on work located in all three cities under one project. Attachments Cooperative Project Agreement (8 pages) Recommended Action Motion to authorize the Mayor and City Manager to sign the Cooperative Project Agreement for Watermain Rehabilitation with the cities of Hutchinson and Fridley. COOPERATIVE PROJECT AGREEMENT FOR WATERMAIN REHABILITATION This AGREEMENT is made this _ day of June 2010 by and between the CITY OF GOLDEN VALLEY, a Minnesota municipal corporation ("Golden Valley"), the CITY OF HUTCHINSON, a Minnesota municipal corporation ("Hutchinson"), and the CITY OF FRIDLEY, a Minnesota municipal corporation ("Fridley") (collectively hereinafter, "the Cities"). RECITALS WHEREAS, Minnesota statute ~ 471.59, et. seq., authorizes cities to enter into cooperative project agreement; and WHEREAS, The City of Golden Valley wishes to rehabilitate a portion of their watermain by means of a Class IV fully structural, pressure rated, cured-in-place pipe (CIPP) (hereinafter "Golden Valley Project"); and WHEREAS, The City of Hutchinson wishes to rehabilitate a portion of their watermain by means of a Class IV fully structural, pressure rated, CIPP, (hereinafter "Hutchinson Project"); and WHEREAS, The City of Fridley wishes to rehabilitate a portion of their watermain by means of a Class IV fully structural, pressure rated, CIPP, (hereinafter "Fridley Project") (all three Projects taken together hereinafter "the Project"); and WHEREAS, the Cities will prepare and submit one bid document including plans and specifications for one construction contractor ("Contractor") to complete work in all three municipalities; and WHEREAS, the City of Golden Valley will be the Contracting Authority. NOW, THEREFORE, in consideration of the mutual covenants herein, and other good and valuable consideration, the sufficiency of which is hereby acknowledged, Golden Valley, Hutchinson, and Fridley hereby agree as follows: 1. Plans and Soecifications. Short Elliot Hendrickson (hereinafter SEH) shall be responsible for the design and preparation of plans and specifications for construction of the Golden Valley and Hutchinson Projects. The City of Fridley is responsible for the design and preparation of plans and specifications for construction of the Fridley Project. The City of Fridley will submit a design and plans and specifications to SEH to be included with the others. The plans and specifications shall be certified by a professional engineer licensed in the State of Minnesota. 2. Advertisement for Bids and Construction. The City of Golden Valley will advertise for bids and award contracts in accordance with the laws of the State of Minnesota. The City of Golden Valley will award the contract to the contractor who is the lowest responsible bidder in accordance with law and City policy. Each City is responsible for providing construction management, observation, and inspection in connection with the work being completed within its City. 3. Warranty. The bid specifications shall require that the Contractor provide a 1 year warranty on workmanship and materials. The warranty shall run directly to each City for the work and materials provided on each City's respective Project and bind the Contractor and all material suppliers to each respective City for each City's respective Project. 4. Insurance Reauirements. The Contractor shall be responsible for any claims arising out of the construction of the Project. The Contractor shall provide proof of insurance providing coverage to meet statutory requirements. The proof of insurance must list each City as additionally insured. The contractor must also agree to indemnify and save harmless each City and all of its officers, agents, and servants against any claim or liability arising from its work on the Project. 5. Opt Out Clause. The Cities will have the option to opt out of the Cooperative Project Agreement at any time prior to award of the contract by the City of Golden Valley. The City of Golden Valley will wait a minimum of twelve (12) calendar days to award the contract after receiving the bids. Should any City or Cities withdraw from the Project, all Project costs associated with that City or Cities shall remain the responsibility of the respective City. If the City of Golden Valley withdraws from the Project, the remaining cities may continue with the Project, award the contract and designate one of them to operate as Contracting Authority hereunder. 6. Easements. The Golden Valley Project is entirely within property owned by Golden Valley and no easements are necessary. The Cities of Hutchinson and Fridley shall obtain, at their own cost, any temporary or permanent easements deemed necessary for their respective Projects. Hutchinson and Fridley shall obtain the required easements prior to advertisement for bids in accordance with the schedule developed for the Project. 7. Construction Access. The Cities agree to provide the Contractor access to perform the work in their respective Project areas. 8. Permits. The Cities shall obtain all construction permits and/or any other permits that may be required in connection with the construction of their respective Projects. 9. Communications. Each City will be responsible for project communication between all project stakeholders within their City. This includes all communication relating to construction meetings, resident notification, and any/all Project specific requirements. The City of Golden Valley will maintain the communication with SEH with the assistance of Hutchinson and Fridley for any contractual communication that is required. 10. Payment. The Cities of Hutchinson and Fridley shall, within 30 days of receipt of invoice, submit partial payment to the City of Golden Valley in the amount of ninety- five percent (95%) of the engineer's estimated cost for their respective Projects. It is agreed that the total cost estimate provided by SEH is only an estimate of the total costs for the work contemplated by this Agreement. In addition, the unit prices set forth in the contract with the successful bidder(s), and the final quantities as measured by SEH, shall govern in computing the total final contract construction cost and the related apportionment between the Cities as contemplated by this Agreement. Partial payments will be made by the City of Golden Valley to the Contractor on a monthly basis for work completed as part of this Project. At the completion of the Project, SEH shall submit a cost breakdown for each City including engineering and project administration costs for review and approval. If any City disagrees with SEH's submittal for its Project costs, it shall have 14 days to notify the City of Golden Valley and resolve the issue. If they cannot resolve it within such 14 days, SEH's submittal shall be final for all purposes. Upon final agreement or resolution of Project cost issues, Hutchinson and Fridley shall reimburse the City of Golden Valley for the remainder of their costs, as determined by SEH, within 30 days of an invoice from Golden Valley. Record drawings shall be provided by the Contractor to the Cities for their respective Projects within 90 days of Golden Valley's final payment to the contractor(s) contracted for the work. Detailed requirements for the submittal of these record drawings can be found in the Project Standard Details supplied by SEH. 11. Examination of Books. Records. etc. As provided by Minn. Stat. Section 16C.05, Subd. 5, the books records, documents, and accounting procedures and practices of the Cities relevant to the Project are subject to examination by all parties, and either the legislative auditor or the state auditor as appropriate, for a minimum of six years from final payment. 12. Workers Compensation Claims. It is agreed that any and all employees of each City and all other persons engaged by that City in the performance of any work or services required or provided as contemplated by this Agreement shall not be considered employees of any other City, and that any and all claims that mayor might arise under the Worker's Compensation Act or the Unemployment Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said employees while so engaged on any of the work or services provided as contemplated by this Agreement shall in no way be the obligation or responsibility of any other City. 13. Indemnification. Each City mutually agrees to indemnify and hold harmless the others from any claims, losses, costs, expenses, or damages resulting from the acts or omissions of its respective officers, agents, or employees relating to activities conducted by them under this Agreement. 14. Authorized Aaents. The City of Golden Valley's Authorized Agent for the purpose of administration of this agreement is Jeannine Clancy, Director of Public Works, or her successor or assign. Her current address and telephone number is: 7800 Golden Valley Road, Golden Valley, MN 55427,763.593.8035. The City of Hutchinson's Authorized Agent for the purpose of administration of this agreement is Kent Exner, Director of Public Works/City Engineer, or his successor or assign. His current address and telephone number is: 111 Hassan Street SE, Hutchinson, MN 55350-2522, 320.234.4212. The City of Fridley's Authorized Agent for the purpose of administration of this agreement is James Kosluchar, Director of Public Works/City Engineer, or his successor or assign. His current address and telephone number is: 6431 University Ave NE, Fridley, MN 55432, 763.572.3552. 15. Successor and Assians. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns, provided, however, that neither Golden Valley, Hutchinson, nor Fridley shall have the right to assign its rights, obligations, and interests in or under this Agreement to any other party without the prior written consent of the other parties hereto. 16.Amendment. Modification or Waiver. No amendment, modification, or waiver of any condition, provision, or term of this Agreement shall be valid or of any effect unless made in writing and signed by the party or parties to be bound, or its duly authorized representative(s). Any waiver by a party shall be effective only with respect to the subject matter thereof and the particular occurrence described therein, and shall not affect the rights of any other party with respect to any similar or dissimilar occurrences in the future. 17. Savina Provision. If any provision of this Agreement shall be found invalid or unenforceable with respect to any entity or in any jurisdiction, the remaining proviSions of this Agreement shall not be affected thereby, and such provisions found to be unlawful or unenforceable shall not be affected as to their enforcement or lawfulness as to any other entity or in any other jurisdiction, and to such extent the terms and provisions of this Agreement are intended to be severable. 18. Notices. Any notice given under this Agreement shall be deemed given on the first business day following the date the same is deposited in the United States Mail (registered or certified) postage prepaid, addressed as follows: If to Golden Valley: Director of Public Works City of Golden Valley 7800 Golden Valley Road Golden Valley, MN 55427 If to Hutchinson: Director of Public Works/City Engineer City of Hutchinson 111 Hassan Street SE Hutchinson, MN 55350-2522 If to Fridley: Director of Public Works/City Engineer City of Fridley 6431 University Ave. NE Fridley, MN 55432 19. Termination. This Agreement shall remain in effect until the earlier of (a) termination by mutual consent of the Cities, or (b) 60 days after expiration of the warranties in paragraph 3 above. IN WITNESS WHEREOF, Golden Valley, Hutchinson, and Fridley have entered into this Agreement as of the date and year first above written. CITY OF GOLDEN VALLEY By: Its Mayor By: Its City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing Cooperative Project Agreement was acknowledged before me this day of ,2010 by , and , respectively the Mayor and City Manager of the City of Golden Valley a municipal corporation, on behalf of the City. Notary Public CITY OF HUTCHINSON By: Its Mayor By: Its City Administrator STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing Cooperative Project Agreement was acknowledged before me this day of ,2010 by , and , respectively the Mayor and City Manager of the City of Hutchinson, a municipal corporation, on behalf of the City. Notary Public CITY OF FRIDLEY By: Its Mayor By: Its City Manager 5T ATE OF MINNE50T A ) ) ss. COUNTY OF HENNEPIN ) The foregoing Cooperative Project Agreement was acknowledged before me this day of ,2010 by , and , respectively the Mayor and City Manager of the City of Fridley, a municipal corporation, on behalf of the City. Notary Public alley e ora urn Finance 763-593-8013/763-593-8109 (fax) Executive Summary For Summary Golden Valley City Council Meeting June 15, 2010 Agenda Item 3. G. Appointing Absentee Ballot Board Election Judges for Primary and General Election Prepared By Sue Virnig, Finance Director Edie Ernst, Accounts Receivable/Elections Assistant Summary The City needs to appoint election judges to represent the Absentee Ballot Board. These election judges will have the responsibility of accepting and rejecting absentee ballots based on the criteria set by the State. Hennepin County will approve judges that will be responsible for accepting/rejecting all in person absentee ballots received at the Hennepin County Government Center counter. Those ballots then will be sent to the City for counting. This process will eliminate any absentee ballot counting at the precincts and was approved during the last legislative session. Attachments Resolution Appointing Absentee Ballot Board Election Judges for August 10, 2010 Primary Election and November 2, 2010 General Election (2 pages) Recommended Action Motion to adopt Resolution Appointing Absentee Ballot Board Election Judges for August 10, 2010 Primary Election and November 2,2010 General Election. Resolution 10-33 June 15, 2010 Member introduced the following resolution and moved its adoption: RESOLUTION APPOINTING ABSENTEE BALLOT BOARD ELECTION JUDGES FOR THE AUGUST 10, 2010 PRIMARY ELECTION AND THE NOVEMBER 2, 2010 GENERAL ELECTION WHEREAS, Minnesota Election Law 204B.21 requires that persons serving as election judges be appointed by the Council at least 25 days before the election. BE IT RESOLVED by the Golden Valley City Council that the individuals named on Exhibit A, and on file in the office of the City Clerk be appointed as the City of Golden Valley Absentee Ballot Board Election Judges for the August 10, 2010 Primary Election and the November 2, 2010 General Election; and BE IT FURTHER RESOLVED the Golden Valley City Council also appoints other individuals and all members appointed to the Hennepin County Absentee Ballot Board as authorized under Minn. Stat. 204B.21, subd. 2 under the direction of the Election Manager to serve as members of the Golden Valley Absentee Ballot Board; and BE IT FURTHER RESOLVED that the City Clerk is with this, authorized to make any substitutions or additions as deemed necessary. Linda R. Loomis, Mayor ATTEST: Susan M. Virnig, City Clerk The motion for the adoption of the foregoing resolution was seconded by Member and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted, signed by the Mayor and her signature attested by the City Clerk. Resolution 10-33 - Continued June 15, 2010 EXHIBIT A City of Golden Valley Absentee Board August 10, 2010 Primary Election and November 2, 2010 General Election Marcia Birno Bonnie Blake Lynn Gitelis Carolyn Kaehr Melissa Thurston Sue Watson alley M moran m Park and Recreation 763-512-2342/763-512-2344 (fax) Executive Summary For Action Golden Valley City Council Meeting June 15, 2010 Agenda Item 3. H. Authorization to Sign Contract with Anderson-Johnson Associates, Inc. for Honeywell Field Expansion Prepared By Rick Jacobson, Director of Parks and Recreation Summary The City, in cooperation with Golden Valley Little League, recently applied for and was awarded $400,000 through the Hennepin County Youth Sports Grant Program. The grant award, along with $67,500 committed to the project from Golden Valley Little League, will be used to expand the current Little League area from one to three baseball fields. Staff received a proposal for professional engineering services for the field expansion project from Anderson-Johnson Associates, Inc. (AJA). A copy of the agreement is attached for Council review. The professional services proposal, includes data collection, project analysis, design development, construction documents, bidding, contract administration and construction observation. The fee for these services will be $22,800. The proposal does not include environmental issues which will be coordinated between the City and Honeywell, Inc. Funding for this project is included in the $467,500 project budget. Attachments Professional Services Agreement from Anderson-Johnson Associates dated June 7,2010 (12 pages, loose in agenda packet) Recommended Action Motion to authorize the City Manager sign the agreement for professional engineering services with Anderson-Johnson Associates, Inc. for the Honeywell field expansion project for $22,800. ~A-- 7575 Golden Valley Road Suite 200 Minneapolis, MN 55427 Phone: (763) 544-7129 Fax: (763) 544-0531 www.ajainc.net Proposal For Little League Fields Honeywell Site South of Sandburg Road at Louisiana Avenue City of Golden Valley Park and Recreation Department Golden Valley, Minnesota SUBMITTED BY: ANDERSON-JOHNSON ASSOCIATES, INC. Landscape Architects - Site Planners - Civil Engineers June 7, 2010 Project Scope Anderson-Johnson Associates, Inc. (AJA) understands our services will include site design for development and construction of two new little league fields and supporting pork amenities including: Two little league fields, 220' outfields Pathway system to fields Chain link fence "dugouts" with roof system Bullpen areas 2 new batting cages and 1 relocated batting cage Irrigation for the fields Storm water management Anticipated Projed Approach AJA, Inc. proposes the following approach to complete the design process in on efficient, thorough manner which will satisfy the needs and objectives of the City Pork and Recreation Deportment and little league user group. A. Data Colledion Review existing topographic survey of the site (topographic survey has been obtained from Sunde land Surveying doted October 1998). Visit project site to identify existing conditions which may affect the proposed project. Site is believed to hove contaminated soils; obtain and review reports from City's consultants which identify the nature and characteristics of the contamination. Additional exploration and preparation of remediation plans and documents is not included in AJA's proposal and will be paid for separately by the Owner if necessary. Gather data from City, Watershed District and other review agencies, where applicable. Assist the Owner in obtaining current soil borings for the proposed site (if required). Cost of soil borings is not included in this proposal and will be paid for by the Owner. B. Projed Analysis, Conceptual Layout and Schematic Design Analyze data gathered from Data Collection phose, including 0 review of the Owner's Program for Site Facilities. Prepare Schematic Design Drawings based on Owner's Program and the constraints of the Site. Accomplish preliminary site engineering to ensure feasibility of proposed Study Plan. Prepare 0 Preliminary Opinion of Probable Construction Cost. Review Schematic Design and Preliminary Opinion of Probable Construction Cost with Owner and obtain approval to proceed to design development phose. Anderson-Johnson Associates, Inc. Page 2 C. Design Development Prepare Design Development Plans incorporating design requirements set forth in previous phase. Refine Opinion of Probable Construction Costs. Review Design Development Plans and Opinion of Probable Construction Costs with Owner and prepare 'final' Design Development Documents for submittal to City. Attend meetings, as required, to support Owner in receiving approval of the project. Meet and present Plans to City for review Review cost estimate in relation to Owner's budget and refine scope as necessary. Submit plans to appropriate review agencies such as the City of Golden Valley and Bassett Creek Watershed District. Review Design Development Plans and updated Opinion of Probable Construction Cost with Owner and obtain approval to proceed to Construction Document phase. D. Construction Documents Prepare Construction Documents based on approved Design Development Plans, including working drawings and technical specifications. Prepare General, Supplemental and Special Conditions of the Contract. Prepare front end specifications for the Project Manual. Attend meetings, if required, to support Owner in receiving approval of the project by the regulatory agencies. Prepare Advertisement for Bid and Bidding Documents. E. Bidding Prepare bidding documents and assist Owner in obtaining bids. Prepare addenda during the bidding phase. Answer questions to assist contractors in their bidding. Analyze bids and make recommendations to Owner. F. . Contract Administration & Construction Observation . Prepare and issue Notice to Proceed to successful bidder. Conduct Preconstruction Conference. Make periodic on-site observations. Provide interpretation of Contract Documents, as required. Prepare and process Change Orders, if necessary. Certify Contractor's requests for partial payment. Make pre-final inspection, with Owner and Contractor. Make final inspection, with Owner and Contractor. Certify Contractor's request for final payment. . . Anderson.Johnson Associates, Inc. Page 3 As important as it is to understand what is included with our proposal it is equally important to understand what is not included with our proposal. The following items are not included in our scope of service: 1 . Site surveying (survey provided, not anticipated to be required) 2. Subsurface soil exploration (geotechnical engineering) 3. Environmental engineering related to contaminated soils 4. Wetland delineation / mitigation plan preparation (not anticipated to be required) 5. Tree inventory of existing trees if required 6. Project as built document preparation 7. Off-site utility and infrastructure (roads, trails, etc.) design-utility and infrastructure design is limited to the project property 8. Site lighting / electrical design / electrical engineering 9. Small utilities design (cable, gas, etc.) 10. Building or structure design (not anticipated to be required) Forestview Middle School - Brainerd Public Schools Anderson-Johnson Associates, Inc. Page 4 The Proposed Fee The project budget, including construction costs, permits, surveying, geotechnical exploration, design fees, others soft costs, and contingency, is $467,000. From this amount, we assume there is at least $375,000 available for construction costs. Therefore, Anderson-Johnson Associates, Inc. (Consultant) proposes to provide the services described herein as follows: 1. To provide professional services outlined herein, we propose a lump sum fee of $22,800; the fee will be broken down as follows: Phase Breakdown of Fee: Schematic Design Phase. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. $ 2,280 Design Development Phase. ..................................... $ 5,700 Construction Document Phase. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. $ 9,120 Bidding Phase.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. $ 1,140 Construction Administration and Observation Phase. . . . . . . . . . . . . . . . . .. $ 4,560 Total Fee.. . . . . . . . .. . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . ... $ 22,800 Schaper Park - City of Golden Valley Anderson-Johnson Associates, Inc. Page 5 In the event redesign is ordered by the Owner after the Owner's approval of the Design Development Plans or if the Consultant is directed to perform services in addition to those outlined above, the Consultant shall receive additional compensation on a time and material basis in accordance with the following fee schedule: 2010 Fee Schedule Charges for professional and technical personnel will be made for time spent in the field, in consultation, map and report preparation, and in travel to and from the sites and meetings. Secretary Civil / CADD Technician Graduate Landscape Architect Landscape Architect Landscape Architect, ASLA Senior Landscape Architect, ASLA Civil Engineer, EIT Civil Engineer, PE Senior Civil Engineer, PE Executive Civil Engineer, PE Photocopies Bond Copying (E size sheets) Plotting Color Plotting (on photo paper) 24x36 30x42 Aerial Photography Postage Delivery Mileage Outsourced Reproduction Anderson.Johnson Associates, Inc. Page 6 $ 54 per hour $ 72 per hour $ 80 per hour $ 98 per hour $113 per hour $1 37 per hour $ 80 per hour $1 1 3 per hour $1 37 per hour $140 per hour $0.15/ page $2.75/ page $2.75/ page $1 0.50 / page $11.25 / page $100/ site Equal to cost Equal to cost $0.75 per mile At Cost + 20% Anderson-Johnson Associates, Inc. Project Team Anderson-Johnson Associates, Inc. formed in 1992 and is a multi-disciplinary firm providing professional services in the fields of Landscape Architecture, Site Planning and Civil Engineering. The development of athletic facilities, parks and school campuses is our specialty, accounting for more than 80 percent of our work. Anderson-Johnson Associates, Inc. is committed to the achievement of quality site development through meticulous attention to detail during both the design and construction phases of a project. We are recognized for our knowledge and experience in site design and development, and for aggressively protecting the Owner's interests during the construction process. Unique QualiFications . Expertise in multi-use recreational facilities and site design, including · synthetic turf fields · sand peat high performance grass fields · tennis courts · stadiums · football fields · soccer fields · lacrosse fields · baseball fields · softball fields · track and field · multi-use / physical education fields Familiar with a wide variety of school and city facility program requirements Knowledge of review agency requirements and permitting process Knowledge of storm water management and environmental constraints for site development Sensitivity of design to be within District's program and budget Knowledge of site-related materials . ProFessional Affiliations Anderson-Johnson Associates is an active member of the following professional associations: II ASlA 1f -- ==== tr ~"""IUN MLM SPOIT5 BUU.nf.u "'-"'<lAOON - UM.w- S~~J_ Mana~ers Association Anderson-Johnson Associates, Inc. Page 7 David A. Rey, Professional Engineer Senior Civil Engineer / Project Manager Education Bachelor of Science - Civil and Environmental Engineering University of Wisconsin - Madison, 1 994 Professional Credentials Registered Civil Engineer: Minnesota (license # 40180) Experience David Rey has been practicing civil engineering in Minnesota since 1994. Mr. Rey is an experienced Project Manager responsible for a variety of projects both with direct client contact as well as providing consulting services to a variety of architects. Project experience relates mainly to development of school and athletic facilities as well as various government facilities. As part of his project manager responsibilities, Mr. Rey frequently coordinates his design efforts with various agencies including City, County, Watershed Districts where the project is located, Soil and Water Conservation Districts, and Minnesota Department of labor and Industry. David is directly responsible for the development of construction documents, technical specifications, and construction administration. David is proficient at large-scale site design including grading and drainage plans, traffic flow and routing, infrastructure design, and pedestrian circulation. Mr. Rey's responsibilities incorporate site master planning, site layout, grading and drainage design, storm water management and infrastructure planning and design. David is a member of MECA (Minnesota Erosion Control Association) and is a certified SWPPP designer. Veterans Field - Minnetonka High School Anderson.Johnson Associates, Inc. Page 8 Jonathan V. Duesman, Landscape Planner Landscape Planner / Project Manager Education Masters of Landscape Architecture University of Minnesota, 1 996 Experience Mr. Duesman's responsibilities for this project include landscape planning, site planning and site observations. Mr. Duesman has been practicing landscape architecture since 1996. Jonathan is experienced in a variety of Project Management responsibilities including providing consulting services to clients and direct client contact. Project experience relates to a variety of street scape, parks, large scale master planning and school, athletic, government and commercial facilities. Generally, Mr. Duesman's responsibilities include site layout, grading and drainage design, site planning, landscape and irrigation design. Jonathan is responsible for the development of construction documents, technical specifications, construction administration, and contract coordination. Jonathan has proven ability at facility design including grading and drainage plans, traffic and pedestrian circulation, landscaping plans and irrigation plans. Hargis Field - Bethel University Anderson.Johnson Associates, Inc;. Page 9 Acceptance by Owner This Agreement is entered into as of the day and year written below and is executed in at least two original copies, one of which is to be delivered to the Consultant and one to the Owner. ANDERSON-JOHNSON ASSOCIATES, INC. BY'~~ Date: CITY OF GOLDEN V ALLEY By: Date: Anderson.Johnson Associates, Inc. Page 10 ANDERSON-JOHNSON ASSOCIATES, INC. GENERAL CONDITIONS OF SERVICE These General Conditions of Service, including any Supplemental Conditions of Service which are or may become applicable to the services described in the Proposal prepared by ANDERSON-JOHNSON ASSOCIATES, INC. (AJA), are incorporated by reference into any Agreement under which services are to be performed by AJA for the Client. No agreement or understanding, oral or written, which in any way modifies or waives these General Conditions of Service shall be binding on AJA (whether contained in the Client's purchase forms or otherwise) unless hereafter made in writing and executed by AJA's authorized representative. SECTION 1: SCOPE OF WORK 1.1 The scope of work and time schedules defined in the Proposal are based on the information provided by the Client and shall be subject to the provisions of this Agreement. If this information is incomplete or inaccurate, or if site conditions are encountered which materially vary from those indicated by the Client, or if the Client directs AJA to change the original scope of work established by the Proposal, a written amendment to the Agreement equitably adjusting the costs, performance time and/or terms and conditions thereunder, shall be executed by the Client and AJA as soon as practicable. AJA, at its discretion, may suspend performance of its services until such and Amendment has been executed and, if such an Amendment is not agreed to within a reasonable time, AJA may terminate this Agreement. In the event this Agreement is terminated pursuant to this Section, the Client shall pay AJA for all services performed and reimbursable expenses incurred prior to termination. SECTION 2: BILLINGS AND PAYMENTS 2.1 Payments for services and reimbursable expenses shall be made on the basis set forth in the attached proposal. AJA will periodically submit invoices for services performed and expenses incurred and not previously billed. Payment is due upon receipt. For all amounts unpaid after thirty (30) days from the invoice date, as set forth on AJA's invoice form, the Client agrees to pay a finance charge of one and one-half percent (1-1/2%) per month, eighteen percent (18%) annually. The hourly fees described in this Agreement, if applicable may be adjusted annually on the anniversary date of the effective date of this Agreement. 2.2 The Client shall provide AJA with a clear written statement within fifteen (15) days after receipt of the invoice of any objections to the invoice or any portion or element thereof. Failure to provide such a written statement shall constitute a waiver of any such objections and acceptance of the invoice as submitted. 2.3 In the event the Client fails to pay AJA within sixty (60) days following the invoice date, AJA may consider the default a total breach of the Agreement and AJA may, at its option, terminate all of its duties without liability to the Client or to others. 2.4 AJA understands payment for services performed under this Agreement will be made subsequent to the Client's receipt of payment from the Owner. The Client's obligation to pay for the services performed by AJA under this Agreement shall not be reduced or in any way impaired by or because of the Client's inability to obtain financing, zoning, approval of governmental or regulatory agencies, or any other cause, reason, or contingency. No deduction shall be made from any invoice on account of penalty or liquidated damages nor will any other sums be withheld or set off from payments to AJA. Client further agrees to pay AJA any and all expenses incurred, but not limited to reasonable attorney's fees, arbitration or other dispute resolution costs and all court costs. SECTION 3: CONTINUITY OF SERVICES 3.1 It is customary for the consultant that provides construction recommendations and/or design services to be retained to provide observation and related services during construction. If AJA is not retained to provide continuing services, the Client agrees to hold AJA harmless from all claims, losses, and expenses arising out of any interpretations, clarifications, substitutions, or modifications of AJA's work provide to the Client or others. SECTION 4: ALLOCATION OF RISK 4.1 Many risks potentially affect AJA by virtue of entering into this Agreement to provide the Client services on its behalf. For the Client to obtain the benefit of a fee which includes a reasonable allowance for dealing with AJA's liability, the Client agrees that AJA's aggregate liability shall not exceed the fee paid for AJA's services or $20,000.00, whichever is less, for negligent acts, errors, or omissions, and the Client agrees to indemnify AJA from all liabilities to others in excess of that amount. If the Client is unwilling to accept this allocation of risk, AJA will waive this provision provided that, within ten (10) days of the date of this Agreement, the Client agrees to an increase in AJA's fees of ten percent (10%) or $500.00, whichever is greater, to compensate AJA for the greater risk undertaken. This increased fee is not the purchase of insurance. 4.2 Neither AJA nor the Client will be liable to the other for special, incidental, consequential, or penal losses or damages, including but not limited to those arising from delay, loss of use, loss of profits or revenue, or the cost of capital. 4.3 AJA will not be liable to the Client for damages unless suit is commenced within two (2) years of the date of injury or loss or within two (2) years of the date of completion of AJA's services, whichever is earlier. In no event will AJA be liable to the Client unless the Client notifies AJA of the discovery of the claimed negligent act, error, or omission within 30 days of the date of its discovery and unless the Client has given AJA an opportunity to investigate and to recommend ways of mitigating damages. 4.4 The Client and AJA agree that disputes will be submitted to "Alternative Dispute Resolution" (ADR) as a condition precedent to litigation and other remedies provided by law. The Client and AJA agree to exercise good faith efforts to resolve disputes through mediation unless both agree upon a formal ADR procedure. AJA may, however, pursue any property lien rights AJA has in order to secure payment of AJA's invoices without utilizing mediation or ADR, but AJA will attempt to resolve payment disputes with the Client before filing a lien notice. All disputes shall be governed by the law of the place where AJA's services were rendered, or, if AJA's services were rendered in more than one state, the Client and AJA agree that the law of Minnesota will govern. SECTION 5: SEVERABILITY 5.1 In the event that any provision herein shall be deemed invalid or unenforceable, the other provisions hereof shall remain in full force and effect, and binding upon the parties hereto. SECTION 6: ASSIGNS 6.1 Neither the Client nor AJA may delegate, assign, sublet or transfer its duties, responsibilities or interests in this Agreement without the written consent of the other party. SECTION 7: WRITTEN NOTICE 7.1 Written notice shall be deemed to have been duly served if delivered in person to the individual or a member of the firm or entity or to an officer of the corporation for which it was intended, or if delivered at or sent by registered or certified mail to the last business address known to the party giving notice. alley em nd Public Works 763-593-8030 I 763-593-3988 (fax) Executive Summary For Action Golden Valley City Council Meeting June 15, 2010 Agenda Item 4. A. Public Hearing for the Vacation of Existing Easements at 125 Edgewood Avenue North Prepared By Jeannine Clancy, Director of Public Works Jeff Oliver, PE, City Engineer Summary Edgewood Avenue North is being reconstructed as part of the City's 2010 Pavement Management Project. Part of this project is the reconstruction of an existing storm sewer that extends westward from Edgewood Avenue just north of Glenwood Avenue. This storm sewer is located within an existing 15-foot wide drainage and utility easement and is within 5 feet of the foundation of the home. In addition, the existing home on this property is also located partially within this easement. The condition of the existing storm sewer is poor, including extensive corrosion, and the pipe is undersized to accommodate stormwater runoff from its tributary area. In order to provide adequate stormwater drainage and minimize risk to the home due to the presence of the existing storm sewer, the City is planning to reconstruct the storm sewer along the north lot line of the property. Construction impacts to the yard and home will be minimized by abandoning the existing storm sewer in place by filling it with sand and grouting the ends of the pipe closed. The relocation of the storm sewer will require vacation of the existing drainage and utility easement through the center of the lot and dedication of a new drainage and utility easement over the northern portion of the property. The property owners have signed the new easement document, a copy of which is attached to this memorandum for reference. Staff has contacted the utility companies regarding this proposed easement vacation. There have been no objections to the proposed easement vacation and dedication. Attachments Existing and Proposed Easements, 125 Edgewood Avenue North (1 page) Resolution Vacating Platted Drainage and Utility Easements in the Plat of Auditor's Subdivision Number 322 - 125 Edgewood Avenue North (1 page) Signed Easement Document (2 pages) Recommended Action Motion to adopt Resolution Vacating Platted Drainage and Utility Easements - 125 Edgewood Avenue North. ----I I I I I I I I I 215 ------------------------1 209 '. '. , " ". '. , '1'. I '. '. a9~ . ~~ II ! i i I ...! i i ~ I. -"' I .. ... .... i I ',.,j (.~. ~.... ..... i , ".,.,~J I ex:> I 119 "'. i ~ ~-----------I ()\/ ". . '&~ . ". i ....... I I r VI '.' .~ i i Q , I ,,..,..,. . Q .~ ~! ! ~', I I -1 "'~ "', i i "'~ " I ~v~ ". i ",' , . " I " . . I ,. '-l " " " ". " o Existing Easements to be Vacated " 1 m ~ Proposed Easement ~ CD Hey existing and Proposed Easements, 125 Edgewood Ave N Print Date: 5/12/10 Sources: Q -Hennepin County Surveyors Office for Property Lines (2010) -City of Golden Valley for all other layers. Disclaimer: This Is not a I certificate of surve . Not fo Scale Resolution 10-34 June 15, 2010 Member introduced the following resolution and moved its adoption: RESOLUTION VACATING PLATTED DRAINAGE AND UTILITY EASEMENTS IN THE PLAT OF AUDITOR'S SUBDIVISION NUMBER 322 125 EDGEWOOD AVENUE NORTH WHEREAS, the City Council of the City of Golden Valley, pursuant to due notice, has heretofore conducted public hearing on the vacation of platted drainage and utility easements for the new plat of AUDITOR'S SUBDIVISION NUMBER 322; and WHEREAS, all persons present were given the opportunity to be heard; and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Golden Valley that said drainage and utility easements located in the property legally described below be vacated: The property is described as: The South 33.47 feet of Lot 3, lying West of Edgewood Avenue and the North 45 feet of Lot 4, AUDITOR'S SUBDIVISION NUMBER 322, Hennepin County, Minnesota. Linda R. Loomis, Mayor ATTEST: Susan M. Virnig, City Clerk The motion for the adoption of the foregoing resolution was seconded by Member and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted, signed by the Mayor and her signature attested by the City Clerk. UTILITY AND DRAINAGE EASEMENT . /'J Ip~ III ^ . THIS EASEMENT IS made as ofthe<l2L day of f P'-~ ,2010, by, between and among Andre T. Clarke and Lesa R. Clarke, husband and ofe (Grantor) with residence at 125 Edgewood Avenue North, Golden Valley, Minnesota, 55427 and the City of Golden Valley, Minnesota, (Grantee) located at 7800 Golden Valley Road, Golden Valley, Minnesota. WHEREAS, Grantor is the owner of certain real property legally located in the City of Golden Valley, County of Hennepin described as the South 33.47 feet of Lot 3, lying West of Edgewood Avenue and the North 45 feet of Lot 4, all in Auditor's Subdivision Number 322, Hennepin County, Minnesota ("subject property"). WHEREAS, Grantor desires to deliver to Grantee a permanent easement for utility and drainage purposes across a portion of the subject property described as follows: The North 15 feet of the South 33.47 feet of Lot 3, lying West of Edgewood Avenue, Auditor's Subdivision Number 322, Hennepin County, Minnesota (the "Easement Property"). NOW, THEREFORE, Grantor, in consideration of One Dollar and other good and valuable consideration received from Grantee, does hereby agree as follows: Grantor hereby grants and conveys unto Grantee, its successors and assigns a permanent, easement for utility and drainage purposes including installation and maintenance of the easements over, under and across the Easement Property. Grantor hereby reserves unto itself and its successors and assigns the right to use the Easement Property for other purposes not inconsistent with the rights granted to Grantee under this easement grant. Grantor shall indemnify and defend Grantee against any and all claims regarding the Easement Property arising prior to the date hereof, whether known or unknown, including attorneys fees and costs incurred in defending against any such claims. G :\Easement and ROW Vacations\Easement\ 125 Edgewood Ave No\ 125 Edgewood Avenue North - Rev2 05181 O. doc Grantee, by acceptance of this easement, agrees as follows: I) Grantee shall pay for the cost of restoring the Easement Property to as close to its original condition as possible. Grantee shall plant sixteen 2~-inch diameter trees and/or shrubs on the subject property at Grantee's sole cost and expense. 2) Grantee shall release all prior utility and drainage easements affecting the subject property and the improvements thereon. 3) Grantee shall indemnify and defend Grantor against any and all claims regarding the Easement Property arising by reason of Grantee's use of the Easement Property including, but not limited to, abandonment of any existing utility system. Any claim, caused by Grantee or its agents shall include Grantor's attorneys fees and costs incurred in defending against any such claims. IN WITNESS WHEREOF, Grantor has caused this easement to be executed as of the date first written above. t\<ffl-- (~dreT.~lMke-R ~ ~ STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this~r;.ay of /11t1..u.' 2010 by Andre T. Clarke and Lesa R. Clarke, husband and wife, Grantor. --r II PATRICIA l. SCHUTROP I NOTARY PUBlIO.MINNESOTA . IIyClIIIlRlnlM __.....81. lens . i!'~ { ~ N ary PublIc This instrument was drafted by: Best and Flanagan, LLP (MVP) 225 South Sixth Street, Suite 4000 Minneapolis, MN 55402 G:\Easement and ROW Vacations\Easement\125 Edgewood Ave No\125 Edgewood Avenue North - Rev2 051810.doc alley e ora u Public Works 763-593-8030 I 763-593-3988 (fax) Executive Summary For Action Golden Valley City Council Meeting June 15, 2010 Agenda Item 4. B. 2009 NPDES Phase II, Storm Water Pollution Prevention Plan (SWPPP), Annual Report to the Minnesota Pollution Control Agency Prepared By Jeannine Clancy, Director of Public Works AI Lundstrom, Environmental Coordinator Summary The City of Golden Valley is included in a group of communities with populations greater than 10,000 that are required to obtain a Municipal Separate Storm Sewer System (MS4) Permit by the U.S. Environmental Protection Agency for managing nonpoint source storm water. Nonpoint source storm water is generally the overland flow of storm water that does not originate from a single pipe. The Phase II National Pollution and Discharge Elimination System (NPDES) permitting process required cities such as Golden Valley to file a Phase II NPDES permit with the Minnesota Pollution Control Agency by March 10, 2003. The permit application addressed how the City regulates and improves storm water discharges, and includes a Storm Water Pollution Prevention Plan (SWPPP) addressing all the requirements of the permit. The current permit is scheduled to expire in 2011. Golden Valley's SWPPP addresses the six minimum control measures outlined in the permit requirements. Many of the Best Management Practices, required in the NPDES permit, have already been developed in accordance with the City's Surface Water Management Plan. The six minimum control measures of the permit are: 1. Public Outreach and Education 2. Public Involvement and Participation 3. Illicit Discharge, Detection and Elimination 4. Construction Site Runoff Control 5. Post Construction Runoff Control 6. Pollution Prevention and Good Housekeeping An annual public meeting and preparation of a report is a requirement of the NPDES permit. The meeting has been advertised for June 15, 2010 at 7 pm. The City must create a record of the public comments received, either written or oral. The public input must be considered and a record of decision must be added to the annual report. Attachments Minimum Control Measure Summary (5 pages) Resolution Issuing a Negative Declaration of Need for Revisions to the Storm Water Pollution Prevention Plan (1 page) Recommendation Motion to adopt the Resolution Issuing a Negative Declaration of Need for Revisions to the Storm Water Pollution Prevention Plan. Minimum Control Measure Summary This section summarizes the existing and planned Best Management Practices (BMP) selected by the City of Golden Valley. 1. Public Education and Outreach (BOLD J.D#S - Minimum Permit Requirements) 1.0.# BMP Description Existing Planned BMP BMP Responsible Manaaer Implement Date 1.A.1 Develop a Storm Water Communications X Communication Active Plan Coordinator 1.A.2 Website - Water Resource Education and X Communication Active Information Coordinator 1.A.3 Water Resource Educational Materials X Communication Active Coordinator 1.A.4 New Resident Packets X . Communication Active Coordinator 1.A.5 Local Cable TV Scroll Education X Communication Active Coordinator 1.A.6 City Newsletter X Communication Active Coordinator 2.B Conduct Annual Public Meeting X Environmental Active Coordinator 2.0.1 Volunteer Storm Drain Stenciling Program X Environmental Active Coordinator 2.0.2 Adopt a Storm Drain Program X Environmental Active Coordinator Environmental 3.0 Inform Public of Hazards Associated with X Coordinator, 2006 Illicit Discharges Chief of Fire & Inspections 6.A.1 Park Maintenance Staff Training X Park Maintenance Active Supervisor StreeWehicle 6.A.2 Vehicle Maintenance Staff Training X Maintenance Active Supervisor New Construction and Land Disturbance Public Works 6.A.3 Maintenance Staff Training X Maintenance Active ManaQer Utilities 6.AA Storm Sewer Maintenance Staff Training X Maintenance Active SUDervisor 2. Public Involvement and Participation (BOLD 1.0#5 - Minimum Permit Requirements) I.D.# BMP DescriDtion Existing Planned BMP BMP Responsible Manaaer Implement Date 2.A Public Notice Requirements for SWPPP X Environmental Active Coordinator 2.B Conduct Annual Public Meeting X Environmental Active Coordinator 2.C Consider Public Input Regarding SWPPP X Environmental Active Coordinator 2.D.1 Volunteer Storm Drain Stenciling Program X Environmental Active Coordinator 2.D.2 Adopt a Storm Drain Program X Environmental Active Coordinator 2.D.3 BCWMC Public Meetings X Environmental Active Coordinator 2.D.4 Environmental Commission X Environmental Active Coordinator 3. Illicit Discharge, Detection and Elimination (BOLD I.D#S - Minimum Permit Requirements) I.D.# BMP DescriDtion Existing Planned BMP BMP Responsible Manaaer Implement Date 3.A.1 Storm Sewer System Map X City Engineer Active 3.A.2 Bassett Creek Inventory (outfalls, culverts, X Environmental Active significant erosion sites and obstructions) Coordinator Environmental 3.B Develop Regulatory Mechanisms X Coordinator, 2007 Prohibiting Non-Storm Water Discharges Chief of Fire & Inspections 3.C.1 Program to Detect and Address Illicit X Chief of Fire & 2008 Connections Inspections 3.C.2 Program to Detect and Address Illegal X Environmental 2008 Dumping Coordinator Environmental 3.D Inform Public of Hazards Associated with X Coordinator, 2008 Illicit Discharges Chief of Fire & Inspections 4. Construction Site Runoff Control (BOLD 1.0#5 - Minimum Permit Requirements) 1.0.# BMP Description Existing Planned BMP BMP Responsible Manaaer Implement Date 4.A.B Review and Revise Existing Grading, X Environmental Active Drainage, and Erosion Control Ordinance Coordinator Construction Site Waste Disposal and PW Project 4.C X Coordinator, Active Debris Storage Chief of Fire & Inspections 4.0 Procedure for Site Plan Review Process X Planning Director Active Environmental 4.E Procedure for Non-Compliance Complaints X Coordinator, Active and Reports Chief of Fire & Inspections 4.F Procedure for Site Inspection and X Environmental Active Enforcement Coordinator 4.A.B Grading, Drainage and Erosion Control X Environmental Active Brochure Coordinator 5. Post Construction Runoff Control (BOLD 1.0#5 - Minimum Permit Requirements) 1.0.# BMP Description Existing Planned BMP BMP Responsible Manaaer "Implement Date 5.A Watershed BMP ReqUirements for X City Engineer Active Improvement and Development Proposals 5.B.1 Watershed Regulatory Mechanisms for X Environmental Active Post-Construction Runoff Coordinator 5.B.2 Ordinance Limiting the Use of Phosphorus X Environmental Active Coordinator Tree Preservation Ordinance X Environmental Active 5.B.3 Coordinator 5.C BMP Maintenance Agreements X Environmental Active Coordinator 6. Pollution Prevention and Good Housekeeping (BOLD 1.0#S - Minimum Permit Requirements) 1.0.# BMP Description Existing Planned BMP BMP Responsible Manaaer Implement Date Parks & Golf 6.A.1 Park/Golf Maintenance Staff Training X Maintenance Active Supervisor StreeWehicle 6.A.2 Vehicle Maintenance Staff Training X Maintenance Active Supervisor New Construction and Land Disturbance Public Works 6.A.3 X Maintenance Active Maintenance Staff Training Manaaer Utilities 6.A.4 Storm Sewer Maintenance Staff Training X Maintenance Active Supervisor StreeWehicle 6.B.1A Automobile Maintenance Program X Maintenance Active Supervisor StreeWehicle 6.B.1B Parking Lot and Street Cleaning X Maintenance Active Supervisor Utilities 6.B.1C Storm Drain System Cleaning X Maintenance Active Supervisor 6.B.1D Hazardous Materials Management X Chief of Fire & Active Inspections Public Works 6.B.1E Road Salt Storage and Handling X Maintenance Active Manaaer Vehicle 6.B.1F Used Oil Recycling X Maintenance Active Foreman 6.B.1G Develop a Spill Response Plan X Chief of Fire & 2008 Inspections Inspect Annually All Structural Pollution Public Works 6.B.2 X Maintenance Active Controls Manager 6.B.3 Inspect Annually 20% of Outfalls, Basins, X City Engineer Active Ponds Exposed Stockpile, Storage and Material Public Works 6.B.4 X Maintenance 2006 Handling Areas Manager 6.B.5 Determine Need for Repair of Outfalls, X City Engineer Active Basins, Ponds 6.B.6 Inspection Annual Report X City Engineer Active 6.B.7 Establish Record Keeping System to Track X Environmental Active Activities Coordinator 1.A.1 Develop a Storm Water Communications X Communication Active Plan Coordinator 1.A.2 Website - Water Resource Education and X Communication Active Information Coordinator 1.A.3 Water Resource Educational Materials X Communication Active Coordinator 7. Additional BMPs (BOLD I.D#S - Minimum Permit Requirements) I.D.# BMP Description Existing Planned BMP BMP Responsible Manaaer Implement Date IX. A Discharge Affecting Source Water X Environmental 2006 Protection Areas Coordinator IV.D Impaired Waters Review Process X Environmental 2009 Coordinator Resolution 10-35 June 15, 2010 Member introduced the following resolution and moved its adoption: RESOLUTION ISSUING A NEGATIVE DECLARATION OF NEED FOR REVISIONS TO THE STORM WATER POLLUTION PREVENTION PLAN WHEREAS, the City prepared and submitted to the Minnesota Pollution Control Agency (MPCA) its permit application for operation of the City's Municipal Separate Storm Sewer (MS4) on March 10,2003; and, WHEREAS, the permit required that the City develop a plan for regulating and improving storm water discharge commonly referred to as the Storm Water Pollution Prevention Plan (SWPPP); and, WHEREAS, staff has been working to meet the objectives set forth in the SWPPP and is required to report to the MPCA on the status of the plan's implementation on an annual basis; and, WHEREAS, the City has placed notification of a public hearing in the City's official newspaper and has held a public hearing to report on progress made in implementation of the SWPPP and to take public testimony; and, WHEREAS, comments made during the public hearing will be incorporated into the City Council record. NOW, THEREFORE, BE IT RESOLVED, the City of Golden Valley has determined that no revisions to the Storm Water Pollution Prevention Plan (SWPPP) are required and staff is hereby directed to file the annual report with the Minnesota Pollution Control Agency. Linda R. Loomis, Mayor ATTEST: Susan M. Virnig, City Clerk The motion for the adoption of the foregoing resolution was seconded by Member and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted, signed by the Mayor and her signature attested by the City Clerk. Public Jl~y mo du Police Department 763-593-8079 I 763-593-8098 (fax) Executive Summary For Action Golden Valley City Council Meeting June 15, 2010 Agenda Item 6. A. On-Sale and Sunday Sale Liquor License - Teresa's LLC d/b/a Teresa's Mexican Restaurant Prepared By Stacy A. Altonen, Chief of Police Jim Roberts, Detective Summary Teresa's LLC d/b/a Teresa's Mexican Restaurant, has applied for an On-Sale and Sunday Sale Liquor License. The restaurant will be located at 5621 Duluth Street. The applicant has three other restaurants in various locations in the state. The City Attorney has reviewed the application, and has found the application documents are in order and complete. The applicants meet all State and City requirements for consideration of the issuance of an On-Sale and Sunday Sale Liquor License. Recommended Action Motion to approve the issuance of an On-Sale and Sunday Liquor License to Teresa's LLC d/b/a Teresa's Mexican Restaurant located at 5621 Duluth Street. alley Memo ndu Public Works 763-593-8030 I 763-593-3988 (fax) Executive Summary For Action Golden Valley City Council Meeting June 15, 2010 Agenda Item 6. B. Proposed Ordinance Prohibiting Coal Tar-Based Sealer Products Prepared By Jeannine Clancy, Director of Public Works Summary Sealcoat products come in two basic varieties: coal tar-based and asphalt-based. Both have been shown to contain polycyclic aromatic hydrocarbons (PAHs) and contribute to serious health problems for fish and aquatic animals, and in some cases, humans. A study in Texas determined that coal tar products contain up to 1,000 times more PAHs than asphalt-based sealcoats. Although both products contain levels of PAHs, asphalt-based products are less concentrated and less hazardous to storm water. Over the last few years, the City has experienced an increase in pond maintenance costs due to the presence of PAHs in the sediments removed. Under certain conditions, sediments are required to be treated as hazardous waste. This year, the City is scheduled to remove sediments from a pond located on the Golden Valley Country Club where City storm sewer contributes storm water. Samples taken from the sediments have revealed that the material will need to be treated as hazardous waste. The Minnesota Pollution Control Agency is encouraging cities to adopt ordinances that prohibit the use of coal tar-based sealer products in their communities as a best management practice. By June 2011, cities that hold a Municipal Separate Storm Sewer Systems (MSSS) Permit must have an ordinance in place. Further, by having an ordinance in place, the City will may be eligible for grant funding to assist communities with pond dredging where high levels of PAH have been found in the sediments. Attachments Ordinance No. 441, Adding a New Section 10.54: Regulating the Use of Coal Tar-Based Sealer Products (2 pages) Coal Tar Fact Sheet (2 pages) Recommended Action Motion to adopt Ordinance No. 441, Adding a New Section 10.54: Regulating the Use of Coal Tar-Based Sealer Products on first consideration. ORDINANCE NO. 441, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Adding a New Section 10.54: Regulating the Use of Coal Tar-Based Sealer Products The City Council for the City of Golden Valley hereby ordains as follows: Section 1. City Code, Chapter 2 is hereby amended by adding a new Section 10.54, entitled "Regulating the Use of Coal Tar-Based Sealer Products", reading as follows: Section 10.54: Regulating the Use of Coal Tar- Based Sealer Products Subdivision 1. Purpose The City understands that lakes, rivers, streams and other bodies of water are natural assets which enhance the environmental, recreational, cultural and economic resources and contribute to the general health and welfare of the community. The use of sealers on asphalt driveways is a common practice. However, scientific studies on the use of driveway sealers have demonstrated a relationship between storm water runoff and certain health and environmental concerns. The purpose of this ordinance is to regulate the use of sealer products within the City of Golden Valley, in order to protect, restore, and preserve the quality of its waters. Subdivision 2. Definitions Except as may otherwise be provided or clearly implied by context, all terms shall be given their commonly accepted definitions. For the purpose of this ordinance, the following definitions shall apply unless the context clearly indicates or requires a different meaning: A. Asphalt-Based Sealer: A petroleum-based sealer material that is commonly used on driveways, parking lots, and other surfaces and which does not contain coal tar. B. Coal Tar: A byproduct of the process used to refine coal. C. Undiluted Coal Tar-Based Sealer: A sealer material containing coal tar that has not been mixed with asphalt and which is commonly used on driveways, parking lots and other surfaces. D. MPCA: The Minnesota Pollution Control Agency. E. PAHs: Polycyclic Aromatic Hydrocarbons. A group of organic chemicals formed during the incomplete burning of coal, oil, gas, or other organic substances, present in coal tar and believed harmful to humans, fish, and other aquatic life. Subdivision 3. Prohibitions A. No person shall apply any undiluted coal tar-based sealer to any driveway, parking lot, or other surface within the City. B. No person shall contract with any commercial sealer product applicator, residential or commercial developer, or any other person for the application of any undiluted coal tar-based sealer to any driveway, parking lot, orother surface within the City. C. No commercial sealer product applicator, residential or commercial developer, or other similar individual or organization shall direct any employee, independent contractor, volunteer, or other person to apply any undiluted coal tar-based sealer to any driveway, parking lot, or other surface within the City. Subdivision 4. Exemption Upon the express written approval from both the City and the MPCA, a person conducting bona fide research on the effects of undiluted coal tar-based sealer products or PAHs on the environment shall be exempt from the prohibitions provided in subdivision 3 of this section. Subdivision s. Asphalt-based seal coat products The provisions of this ordinance shall only apply to the use of undiluted coal tar-based sealer in the City and shall not affect the use of asphalt-based sealer products within the City. Section 2. Severability. Every section, provision or part of this ordinance is declared separate from every section, provision or part of this ordinance. If any section, provision, or part of this ordinance is adjudged to be invalid by a court of competent jurisdiction, such judgment shall not invalidate any other section, provision, or part of this ordinance. Section 3. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 10.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 4. This Ordinance shall take effect after its publication as required by law. Adopted by the City Council this day of , 2010. Is/Linda R. Loomis Linda R. Loomis, Mayor ATTEST: Is/Susan M. Virnig Susan M. Virnig, City Clerk tl"- - "} " ....~ ..... Coal Tar-based Sealcoat Environmental concerns 1 , ~ ........ Minnesota Pollution Control Agency If you decide to sealcoat your asphalt driveway this year, there are a few things you should know. Sealcoating makes old asphalt look new and protects its surface, but there are serious environmental concerns with its use. Sealcoat comes in two basic varieties: coal tar-based and asphalt-based. The coal tar variety is more resilient, but it contains much higher levels of a class of chemicals called P AHs (polycyclic aromatic hydrocarbons) that harm fish, and with prolonged exposure, pose a risk of cancer in humans (see Figure 1). Environmental problems Coal tar is a waste material generated in the conversion of coal to coke. Manufacturers choose coal tar for sealcoat because of its resistance to petroleum products like gasoline and oil, which drip from cars and deteriorate asphalt surfaces. In time, sunlight and vehicle traffic wears down seal coat and sealcoat flakes are washed away by rain or carried away by wind, contaminating storm water ponds, streams and lakes with P AHs. P AHs cause tumors in some fish, disrupts the reproduction of aquatic organisms, and causes some water-bottom species to avoid sediment altogether. Health risks to humans related to P AHs are based on the length of exposure to vapors or sediments contaminated with P AHs. PAH Concentrations Coal tar contains as much as 30 percent P AHs by weight. A study in Austin, Texas, compared the level of P AHs in water coming off parking lots without sealcoat to wq-strm4-12 . September 2009 water coming off parking lots coated with asphalt- and coal-tar sealcoat (Figure 2). Figure 1: Relative amounts of PAHs in sealcoat products r I r' It An Austin, Texas, study determined that sealcoat products based on coal tar contained up to 1,000 times more PAHs than asphalt-based products. Consider asphalt- based seal coat if you choose to coat your driveway. Figure 2: Concentrations of PAHs in runoff t ) ~ .... t "_"<<.'M:;.i!i' .., ~:.}:.~,""''Vi;:~'~~:L OrM.,UI HlNWm _wI", Asphalt-based sealcoat runoff (6) can contain 10 times more PAHs than an uncoated driveway (A) and runoff from a coal-tar sealcoated driveway (C) may have concentrations of PAH 65 times higher than an uncoated driveway. Minnesota Pollution Control Agency. 520 Lafayette Rd. N., S1. Paul, MN 55155-4194 . www.pca.state.mn.us 651-296-6300 . 800-657-3864 . ITY 651-282-5332 or 800-657-3864 . Available in alternative formats The study revealed that the asphalt-based sealcoat runoff contained 10 times more P AH than the uncoated parking lot and the coal-tar sealcoat runoff had concentrations of P AH that were 65 times higher than the uncoated lot. Maintenance expenses Besides the health effects and the danger to the environment, P AHs are making routine maintenance of stormwater ponds by cities and townships many, many times more expensive because sediment with high- enough concentrations of P AHs must be disposed of differently. In Minnesota, when some cities removed sediment from their stormwater ponds as part of regular maintenance, they found elevated levels ofPAHs. This discovery required them to fmd special disposal areas, costing them many thousands of dollars more. Current regulation Because of the environmental problems associated with PAHs, the City of Austin, Texas, Dane County, Wisconsin, and Washington D.C. bave banned use of coal tar-based sealcoat in their jurisdictions (asphalt- based sealcoat may still be used). Recent legislation passed in Minnesota bans the purchase of coal-tar sealcoat products by state agencies by July 1,2010. Recently, two national home- improvement'retailers, Lowe's and Home Depot, took coal tar-based sealcoat off their shelves. Check with your local unit of government to see if there are any restrictions. Make the right choice The best choice may be to not sealcoat your driveway at all. But if you do choose to sealcoat, study labels carefully to be sure to fmd an asphalt-based product. Lower concentrations ofPAHs in waterways will prevent costly maintenance for your city and keep waterways safe for fish and other aquatic organisms. If you have leftover material after sealing your driveway, you can re-use or recycle it at your community's household hazardous waste facility. To fmd your local facility, visit: www.pca.state.mn.us/wastelhhw References Van Metre, P.C., Mahler, RJ., Scoggins, M., and Hamilton, P.A., 2006. Parking Lot Sealcoat: A Major Source of Polycyclic Aromatic Hydrocarbons (P AHs) in Urban and Suburban Environments. A USGS report prepared in cooperation with the City of Austin, Texas. Coal-tar-based Driveway Sealcoat . wq-strm4-12 . September 2009 page 2 ...... Mln~.' .ot.A..Pollution ~ (tl!1tro! A1)enty