07-20-10 CC Agenda Packet
AGENDA
Regular Meeting
of the
City Council
Golden Valley City Hall
7800 Golden Valley Road
Council Chamber
July 20, 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. Northwest Hennepin Human Services Council Presentation
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 - City Council July 6, 2010
B. Approval of Check Register
C. Licenses:
1. Solicitor's License - Sisters Camelot
D. Minutes of Boards and Commissions:
1. Planning Commission - June 28, 2010
2. Human Services Foundation - May 10, 2010
3. Joint Water Commission - June 2, 2010
4. Open Space and Recreation Commission - May 24,2010
E. Authorization to Sign Agreement with Hennepin County and Anderson-Johnson
Associates, Inc. for Little League Ball Fields
F. Approval of Six Month Extension for Filing of Plat and Submitting Final PUD Plan
Application - PUD #107 - The Towers at West End - Southwest Quadrant of 1-394
and Highway 100
G. Authorization to Sign Agreement with MnDOT as Agent for Federal Participation for
Preliminary Engineering for Douglas Drive Reconstruction
H. Authorization to Sign Agreement with Chestnut Cambronne for Prosecuting Attorney
Services
I. Authorization to Sign Service Agreements with YMCA
4. PUBLIC HEARINGS 7 PM
A. Public Hearing - Ordinance #442 - Establishing Regulations for Wind Energy
Conversion System
B. Public Hearing - Ordinance #443 - Photovoltaic Module Regulations
c. Public Hearing - Height Regulations in High Density Residential Zoning District (R-4)
5. OLD BUSINESS
6. NEW BUSINESS
A. Authorization to Sign Amended PUD Permit - Hidden Lakes PUD No. 74-
Amendment NO.5
B. Authorization to Draft Agreement with City of Edina for Dispatch Services
C. Announcements of Meetings
D. Mayor and Council Communications
7. ADJOURNMENT
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Memorandum
City Administration/Council
763-593-8003/763-593-8109 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
July 20, 2010
Agenda Item
1. B. Northwest Hennepin Human Services Council Presentation
Prepared By
Thomas D. Burt, City Manager
Summary
Susan Blood, Executive Director, will attend the meeting and make a brief presentation on
the services they provide.
Attachments
Folder of information submitted by Northwest Hennepin Human Services Council (loose in
agenda packet)
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M mo ndu
Finance
763-593-8013/763-593-8109 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
July 20, 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.
Hey
Memora dum
City Administration/Council
763-593-8002/763-593-8109 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
July 20, 2010
Agenda Item
3. C. 1. Solicitor's License - Sisters Camelot
Prepared By
Christine Columbus, Administrative Assistant
Summary
As per City Code, any individual or group intending to go door-to-door within the City selling
products, taking orders or soliciting for business or donations must be licensed by the City to
do so.
Attachments
Peddler/Solicitor License Application (2 pages)
Recommended Action
Motion to approve the solicitor's license for Sisters Camelot.
Application and fee must be submitted to the City Manager's Office the Wednesday prior to
the City Council Meeting. Council Meetings are normally held the first and third Tuesday of
each month.
PEDDLER/SOLICITOR LICENSE APPLICATION
TO: Golden Valley City Council Fee Paid: $ 5-0
7800 Golden Valley Road Number of Persons:
Golden Valley, MN 55427 Type of License: Peddler
(circle 0
Enclose the sum of $ SO for 2- S'" (number) peddlers/solicitors as required by
City Code of the City of Golden Valley and have complied with all the requirements of said
Code necessary for obtaining this license.
SJSt.~(' ~oT
(Business or Individual Name or Organization to be Licensed)
l-{ t - (q() /7ls"l
(MN Business 10 or FEIN (Federal 10) for Business Licenses)
Define Business
;VO!J - plu.J lCl f
(Corporation, Proprietorship, Partnership, Non-Profit, State of Incorporation or Individual)
Zk,~)7 ..;,z.~ hv" $.
(Address)
~nl1~lt'"::::. I ~ --50(.../06
City, State and Zip Code)
~ {7_" 746 - 30::>1
(Telephone Number, including Area Code)
NOW, THEREFORE, ,/-'lll<.t[ Plt..--/< I JV S hereby makes application for
. (Applicant Name)
period of 7 - Z 0 through 6/30/ 10, subject to the conditions and provisions of said
City Code.
./{;iei?~
(Signature of Applicant/Principal Officer)
Description of goods or services for sale (include prices) or indicate if soliciting donations,
If more space is needed, attach additional sheets (be specific):
So/Ic--,lIJ'L~ oI~rb~ ~r ~(:)blc- pOcO( ~/.J?-
NOTE: If the products for sale are changed or modified, you must give the City complete
information regarding such change or modification.
List the names and addresses of EACH person who will be peddling or soliciting on behalf
of said organization in the City, or, in the alternative, the name, address and telephone
number or numbers where a responsible person of said organization will maintain a list of
names an~ addresses of all persons engaged in peddling or soliciting in the City:
(If more space is needed, attach additional sheets)
STATE OF fh nVW'l~ )
) ss.
COUNTY OF jfVJ~)
I, /{IC,:f;t?tGf-. rt ("'(Lr(V:S
.,. (Officerllndividual)
of
~I gT~ ((:V-1 c/o-=;-
(Name of Organization)
being first duly sworn, depose and say that all the foregoing information is true to his/her
own knowledge except as to matters therein stated on information and belief, and as to
such matters, he/she believes them to be true.
A;tL~
.....Signature of ApplicanUPrincipal Officer)
Subscribed and sworn to before me this
Ic(l1--;ay 0 , 20/0
.
JUDITH. A.NA ll.Y I.
NOTMY PUBUc-MINNESOTA
Mr CaMIaIan __ ........ 2015
.
Regular Meeting of the
Golden Valley Planning Commission
June 28, 2010
A regular meeting of the Planning Commission was held at the Golden Valley City Hall,
Council Chambers, 7800 Golden Valley Road, Golden Valley, Minnesota, on Monday, June
28,2010. Chair Keysser called the meeting to order at 7 pm.
Those present were Planning Commissioners Cera, Eck, Keysser, Kluchka, McCarty,
Schmidgall and Waldhauser. Also present was Director of Planning and Development Mark
Grimes, City Planner Joe Hogeboom and Administrative Assistant Lisa Wittman.
1. Approval of Minutes
April 26, 2010 Regular Planning Commission Meeting
MOVED by Waldhauser, seconded by Eck and motion carried unanimously to approve
the April 26, 2010 minutes as submitted.
2. Informal Public Hearing - Zoning Code Amendment - Building Height
Requirements in the High Density Residential Zoning District (R-4) - ZOOO-75
Applicant: City of Golden Valley
Purpose: To amend the building height requirements in the High Density Residential
Zoning District (R-4) section of the City Code.
Grimes stated that currently, the R-4 Zoning District allows structures up to eight stories,
or 96 feet in height without a Conditional Use Permit (CUP). He explained that there has
been some concern about the current height requirements so staff has reviewed the
zoning code language and is now recommending that the R-4 Zoning District allow
structures up to five stories or 60 feet in height without a CUP. He referred to the Zoning
Map and pointed out the properties zoned R-4.
Keysser asked what the criteria would be for allowing a taller building. Grimes explained
that the CUP section of the Zoning Code lists the criteria a proposal must meet.
Eck questioned if a CUP is the appropriate vehicle. He asked if a building was
constructed taller than 60 feet what condition could cause a CUP to be revoked. Grimes
said other than requiring a variance, he didn't know what other vehicle could be used
other than the CUP or Planned Unit Development (PUD) process. Waldhauser asked why
it couldn't be done by variance. Grimes said this is the way it has traditionally been done
in the other zoning districts so he kept it consistent. Kluchka said not to talk about
tradition but instead talk about what the City wants to accomplish. He said he thinks the
CUP process is the best vehicle for allowing a building to be taller because there would
be no hardship to grant a variance and a PUD seems overburdensome. He questioned
the pros and cons of a CUP versus a PUD. Grimes stated that many of the proposals in
Minutes of the Golden Valley Planning Commission
June 28, 2010
Page 2
the R-4 Zoning District will be done in a PUD because there is likely to be more than one
building. He said both the CUP and PUD processes allow the City to place conditions on
approval such as landscaping, architectural design, etc.
Waldhauser noted that most residential buildings are constructed with wood construction
which can only be four stories in height. If a building is taller than that a different type of
construction is required.
McCarty asked why staff is proposing 5 stories or 60 feet for the height requirement.
Grimes explained that the R-2 Zoning District allows a height of 30 feet and the R-3
Zoning District allows a height of 48 feet so allowing 60 feet in the R-4 Zoning District is
the next logical step up.
Keysser opened the public hearing. Seeing and hearing no one wishing to comment,
Keysser closed the public hearing.
Kluchka said he thinks using the CUP process is the correct approach because it allows
the City to place conditions on proposals. Cera agreed.
MOVED by Cera, seconded by Schmidgall and motion carried unanimously to
recommend approval of amending the building height requirement to 5 stories or 60 feet
without a Conditional Use Permit in the High Density Residential Zoning District (R-4)
section of the City Code.
3. Informal Public Hearing - Zoning Code Amendment - Fence Regulations in the
Residential and Multiple Dwelling Zoning Districts - ZOOO-83
Applicant: City of Golden Valley
Purpose: To clarify the language regarding fence regulations in the Residential and
Multiple Dwelling Sections of the City Code.
Grimes stated that fence issues such as height and location are issues staff deals with
frequently. He said at this time the City does not require building permits for fences so
staff is working on fence regulations that are easier to understand. He added that the City
Council has asked staff to evaluate the need for fence permits and that is something that
will be coming to the Planning Commission in the future.
Grimes reviewed the current Zoning Code requirements regarding fences and stated that
the biggest concern is that it is hard to determine where a front yard ends and side yard
begins and establishing a front plane will make the Code more understandable and more
enforceable. He noted that staff is also proposing to remove the language regarding A
and B Minor Arterial streets. He showed several examples of where a fence could be
located using the current Code language and the proposed new Code language.
Minutes of the Golden Valley Planning Commission
June 28, 2010
Page 3
Waldhauser referred to the "predominant plane" language and asked if a garage could be
considered the predominant plane. Grimes referred to the proposed new language and
noted that the predominant plane refers to the front plane of the house. He added that
attached garages are considered to be part of the house.
Keysser said he doesn't think the proposed new language regarding the predominant
plane is very clear. Waldhauser agreed and said the language needs to be clear if the
predominant front plane means the front plane of a garage.
Cera asked about neighborhoods with homes set further back on the lot or homes aren't
lined up' at the same distance on the lots. He said he is concerned about houses on the
same street having fences at different locations. Waldhauser said this is no way to solve
that issue.
Kluchka suggested the proposed language be sent back to staff in order to rewrite the
language regarding the "predominant plane" because it is too confusing the way it is
currently proposed. Grimes stated that staff could work on the language and bring it back
to a future Planning Commission meeting. He suggested possibly removing the word
"predominant" .
McCarty stated that he likes the idea of using site plans and different planes to determine
fence location. Waldhauser said she would like fences to be set back to where the house
is and not where the garage is.
Kluchka asked about the driving factor behind the proposed new language and asked
why there is a problem with using the 35-foot front setback language. Grimes stated that
using the 35-foot front setback is confusing for residents because it is difficult to
determine where that line is without a survey. It is easier to determine where the front
plane of a house is.
Waldhauser questioned if a 4-foot high fence in a front yard could have something
decorative across the top. She asked about the likelihood and the hardship for granting
a variance for fences on properties along busier streets.
Keysser opened the public hearing.
Harriet Lerdal, 2215 Xerxes Avenue North, stated that a few years ago she was notified
by a surveyor that a neighbor's fence was installed 6 to 8 feet on her side of the property
line. She stated that something needs to be done regarding fence requirements. She
suggested that the City require a current certified survey, notification to neighbors and
that upkeep and maintenance issues be addressed for anyone wishing to install a fence.
She asked how far a fence has to set back from the street. Grimes explained that fences
can go right up to the property line.
Seeing and hearing no one else wishing to comment, Keysser closed the public hearing.
Minutes of the Golden Valley Planning Commission
June 28, 2010
Page 4
Grimes referred to the issue of maintenance and stated that maintenance is addressed in
the property maintenance section of the City Code. He reiterated that the City Council has
asked staff to research fence permit requirements. He said he thinks requiring people to
find their property line is a legitimate concern.
Kluchka asked Grimes if he has seen people "build up" the grade on their lot to install a
fence. Grimes said he is not aware of that happening.
Cera said he would support the City requiring a permit to install fences.
Waldhauser said she likes the idea of requiring that property lines be clearly identified and
also neighbor notification. Grimes said he thinks staff should suggest that people
installing fence talk to their neighbors as a courtesy.
Cera agreed that requiring a survey would be a good idea and suggested that staff also
study irregularly shaped lots and neighborhoods that don't necessarily have houses set
back 35 feet from the front property line.
Grimes said he would clarify the proposed fence language and bring it back to the
Planning Commission in the future.
MOVED by Waldhauser, seconded by Cera and motion carried 6 to 1 to table the
proposed fence regulation amendment. Kluchka abstained from voting.
4. Informal Public Hearing - Zoning Code Amendment - Freestanding
Photovoltaic Module Requirements in the Single Family Zoning District (R-1)
and Moderate Density Residential (R-2) Zoning District - ZOOO-84
Applicant: City of Golden Valley
Purpose: To add photovoltaic module regulations to the accessory structure
requirements in the Single Family (R-1) and Moderate Density Residential (R-2)
sections of the City Code.
Hogeboom explained that the City has received a request to allow for the installation of a
photovoltaic module (solar panel on a pole) in a front yard. He stated that staff has some
concerns about the aesthetics and about these types of devices being too close to a
neighboring property. He stated that staff along with the City Council and Environmental
Commission is recommending that these types of devices follow the same requirements
as accessory structures. He added that the proposed new language does not apply to
roof-mounted solar panels.
Kluchka asked about the approach to solar rights. Hogeboom stated that there is a state
statute regarding limiting access to solar energy. He added that a request for a
photovoltaic device could go the Board of Zoning Appeals if there is no other access to
solar energy on the property.
Minutes of the Golden Valley Planning Commission
June 28, 2010
Page 5
Waldhauser questioned what would happen if someone installed a solar panel and a
neighbor planted trees to screen it. Hogeboom explained that the City wouldn't get
involved in a case like that and added the City Attorney has said cities are allowed to
place controls on solar panels, they just can't ban them or deny somebody access to
solar energy.
Keysser asked about how a solar panel on a roof would affect the height of a structure.
Grimes said a solar panel on a roof would not be considered part of the structure.
Cera questioned the possibility of poles being attached to the side of a house.
Waldhauser asked about the rationale behind the language requiring 10 feet of
separation. Hogeboom said the separation language is in the accessory structure section
of the Zoning Code and is required for safety and electricity issues.
Eck referred to the proposed new language and stated that the word "for" should be
changed to the word "as".
Keysser asked if there should be language regarding solar thermal devices as well.
Schmidgall noted that solar thermal devices would never be placed on a pole.
Keysser opened the public hearing. Seeing and hearing no one wishing to comment,
Keysser closed the public hearing.
MOVED by McCarty, seconded by Waldhauser and motion carried unanimously to
recommend approval of the proposed language regarding photovoltaic modules with the
correction noted by Commissioner Eck.
5. Informal Public Hearing - Zoning Code Amendment - Establish Regulations for
Wind Energy Conversion Systems - ZOOO-85
Applicant: City of Golden Valley
Purpose: To add regulations in the Zoning Code regarding Wind Energy Conversion
Systems.
Hogeboom stated that this proposed ordinance came from discussions with the City's
Green Team and has been reviewed by the City Council and the Environmental
Commission. He referred to a PowerPoint presentation and explained that most windmills
and wind turbines are more appropriate in rural areas or open spaces so this ordinance
will prohibit any wind energy conversion systems in the residential zoning districts. He
explained that the ordinance will require a Conditional Use Permit for installation of a wind
energy conversion system and will limit them to parcels that are over one acre in size.
The ordinance also regulates the color and material used for wind energy conversion
systems. He added that regular setback rules apply, they must comply with regulations
established by local utility companies and may not be used for advertising.
Minutes of the Golden Valley Planning Commission
June 28, 2010
Page 6
Keysser asked if the City envisions any type of rooftop system being used in the R-4
zoning district. Schmidgall said he didn't think that application would be technically
practical because they would need a lot of support. McCarty said he thinks regulations for
the residential zoning districts should be addressed. Grimes stated that in conversations
he's had with industry professionals he's learned the a wind energy conversion system
would have to be at least 30 feet above the tree canopy so it is not going to be practical in
the residential zoning districts. He added that the City Council has also said they don't
want to see these types of systems on residential properties.
Keysser opened the public hearing. Seeing and hearing no one wishing to comment,
Keysser closed the public hearing.
Kluchka asked if the City Council will be encouraging the use of wind energy conversion
systems. Hogeboom said he thinks if a system makes economic sense for a property
owner the issues will take care of themselves. He said isn't sure if the Council is
interested in offering economic assistance.
McCarty referred to section 3(A)(1) regarding height and asked if it is referring to the
overall height of the entire system or just the pole. Hogeboom said he would clarify the
language but that it means the entire height of the system, from the base to the top of the
blade.
McCarty referred to section 3(A)(4) which states that mounted wind energy conversion
systems shall be placed no lower than the primary roof line and asked for clarification.
Hogeboom stated that refers to not allowing systems to be placed on the side of a
building.
McCarty referred to section 3(A)(6) regarding obtaining a building permit to install a wind
energy conversion system and asked if the permit would require proof of structural
capability. Hogeboom stated that part of the building permit process includes proving
structural integrity.
McCarty referred to section 3(8)(3) regarding the minimum distance between the ground
and the vertical length of any extensions and suggested the word "distance" be changed
to the word "clearance".
McCarty referred to subdivision 5 and suggested that the second sentence be changed to
say "the standards" apply instead of "they" apply.
McCarty referred to subdivision 5(0)(3) and suggested the second sentence read as
follows: The base of the wind energy conversion system shall maintain a minimum
distance from public right-of-way equal to the vertical height of the system plus 10 feet.
Grimes stated that the first sentence could probably be removed.
MOVED by Waldhauser, seconded by Cera and motion carried unanimously to
recommend approval of the proposed new language regarding wind energy conversion
systems with the corrections noted by Commissioner McCarty.
Minutes of the Golden Valley Planning Commission
June 28, 2010
Page 7
--Short Recess--
6. Reports on Meetings of the Housing and Redevelopment Authority, City
Council, Board of Zoning Appeals and other Meetings
Grimes stated that the proposed new Walgreens store proposal went to the June Board of
Zoning Appeals meeting where it was tabled. A Conditional Use Permit application and a
Lot Consolidation application will be coming to the Planning Commission on August 9.
Grimes stated that a Lot Consolidation proposal from Mortenson will be coming to the
Planning Commission in July.
7. Other Business
Kluchka said he would like to get the City Council's opinion on how they feel about the
re-use of buildings and also what they think about corporate architecture and franchise
arch itectu reo
8. Adjournment
The meeting was adjourned at 8:56 pm.
Lester Eck, Secretary
Golden Valley Human Services Foundation (GVHSF) Meeting
Minutes
May 10, 2010
Present: Dan Blumb, Hilmer Erickson, Elissa Heilicher, Brenda McGhie, Chris Monroe,
Diane Nimmer, Connie Sandler, and Toots Vodovoz. Also present Jeanne Fackler, Staff
Liaison.
Not Present: Gloria Johnson and Steve Schumacher.
Call to Order: Chairman Blumb called the meeting to order at 6:35 p.m.
March 8 minutes: Heilicher moved and Erickson seconded the motion to approve the
minutes of March 8. The motion passed unanimously.
Run the Valley Evaluation: Members evaluated the event. Fackler reported the event
raised $19,720. Final bills have been sub,itted and the net will be reported at the June
meeting. Members felt the event was very successful. 2011 date is April 9.
Upcoming Events:
Golden Valley Days - May 22. Members volunteered to man the booth. Monroe offered a
tent to cover the table courtesy of Freestyle Productions. Fackler will contact the
Communications Department to produce the information for the table. Connie will order t-
shirts for the Commission members to wear at events. Nimmer and Blumb will prepare the
display board.
Golf Classic - July 16. Sponsors include: Central Bank, Morrie's and WSB. Allianz is
sending 4-5 foursomes. Heilicher will contact Piazza's for a food price. Members were
encouraged to start soliciting for prizes. A final decision on the tournament will be made in
June.
Taste of Golden Valley - November 10. The Metropolitan has been put on hold for this
date. Fackler will send the deposit.
Other Business:
Golden Valley Foundation - no report.
Solicitation Letter - Fackler reported that almost $8,000 has been received to date.
Adjournment: Sandler moved to adjourn the meeting, Monroe seconded the motion. The
meeting was adjourned at 8:05 p.m.
Respectfully submitted,
Jeanne Fackler
GVHSF Staff Liaison
JOINT WATER COMMISSION MINUTES
Golden Valley - Crystal - New Hope
Meeting of June 2 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 May 5. 2010
MOVED by McDonald seconded by Norris and motion carried unanimously to approve the
minutes of the May 5,2010 meeting.
Aareement For Professional Services with Bolton and Menk for Municipal Well
Rehabilitation Proiect
MOVED by Norris seconded by McDonald and motion carried unanimously to approve the
amended agreement for Professional Services with Bolton and Menk for $34,500 for the
JWC Municipal Well Rehabilitation.
Contract with Ziealer Power System for Generator Maintenance to Golden Valley
Pump Station
MOVED by Norris seconded by McDonald and motion carried unanimously to approve the
quote for a 3-year Customer Support Agreement with Ziegler Power Systems to perform
pump maintenance for the amount of:.
$4206.00 - Generator PM Service, annually
$2148.00 - Pointguard Monitoring, annually
$2268.00 - Load Bank Testing - every other year
Broadband Solutions Interest to Lease Space on New Hope North Water Tower for
Two Microwave Dishes
McDonald wanted to inform the Commission that New Hope is working with Broadband
Solutions regarding the lease rates and timing.
Joint Water Commission
Page 2 of 2
Next Meetina
The next meeting will be July 7, 2010.
Adiournment
The meeting was adjourned at 1: 15 pm.
ATTEST:
Christine Columbus, Administrative Assistant
Thomas D. Burt, Chair
GOLDEN VALLEY OPEN SPACE & RECREATION COMMISSION
Regular Meeting
Minutes
May 24,2010
1. Call to Order
Sandler called the meeting to order at 7:00 p.m.
2.
Roll Call
Present:
Roger Bergman, Brad Kadue, Bob Mattison, Emily Piper, Anne
Saffert,
Jerry Sandler, Dan Steinberg, Rick Jacobson, Director of Parks and
Recreation; Sheila Van Sloun, Administrative Assistant; and Diana
Thottungal, Golden Valley Resident.
Kelly Kuebelbeck.
Absent:
3. Aaenda Chanaes or Additions
Jacobson added:
. Appointing of Commission Vice-Chair.
Sandler added:
. Mauer Cup Baseball Tournament.
4. Approval of Minutes - April 26. 2010
MOVED by Steinberg and seconded by Bergman to approve the April 26
meeting minutes. Motion carried unanimously.
5. Outdoor Natural History Museum - Diana Thottunaal
Thottungal is a Golden Valley resident that came up with a concept of an
outdoor natural history museum. She explained her ideas and concepts for the
museum, which include exhibits and collections arranged in a logical order
throughout a specific area or park. The exhibits would be designed to be low
maintenance and could be long or short term displays.
Exhibits could include:
. Informational Kiosks
Kiosks explaining plants, animals, sand, weather, trees, weeds, fish,
snails, etc., as well as the mechanics of play equipment, etc.
. Multicultural Games on Picnic Tables
Multicultural games and game information on center planks of tables that
can be played with coins or small items found on the ground.
. Minnehenge
Use labeled Minnesota rocks aligned to view solstices, equinoxes and
other sky information.
. Winter Tracks
Track imprinted plaques on raised pedestals with the name of the bird or
mammal.
Minutes of the Golden Valley Open Space and Recreation Commission
May 24, 2010
Page 2
Thottungal hoped the museum could be part of the Phase III Wirth Beach
Improvements or be created wherever possible.
Commissioners were interested in the concept. Sandler suggested she put
together a proposal with specific parks and nature areas where she would like to
put the exhibits. She said she would like to work with someone familiar with all
the parks and nature areas and will put something together in the next few
months.
6. AppointinQ of Commission Vice-Chair
Sandler asked Commissioners for nominations for Vice-Chair. After discussion,
Piper nominated Mattison as Vice-Chair, Steinberg seconded, and the motion was
carried unanimously.
7. Athletic Field Grant ProQram
Jacobson said the grant proposals are on the agenda for the Hennepin County
Board of Commissioners meeting scheduled May 25th when they will be voting
on which project to approve.
8. Mauer CuP Baseball Tournament
Sandler announced the Kids Mauer Cup Baseball Tournament scheduled July
19-31. Games will be played in Blaine, Plymouth and St. Paul. The tournament
is not only an opportunity for youth participation, but also a fund raiser for St.
Jude's Children's Research Hospital.
9. Adiournment
MOVED by Bergman and seconded by Steinberg to adjourn at 8:15 p.m. Motion
carried unanimously.
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emo nd m
Public Works
763-593-8030 I 763-593-3988 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
July 20, 2010
Agenda Item
3. E. Authorize Entering into an Agreement for Little League Ball Field Expansion
Prepared By
Jeannine Clancy, Director of Public Works
Ron Nims, Public Works Project Coordinator
Rick Jacobson, Director of Parks and Recreation
Summary
At its March 16,2010 meeting, the City Council passed a resolution of support for accepting a
$400,000 grant through the Hennepin Youth Sports Program, on behalf of the Minnesota
Amateur Sports Commission, to construct additional ball fields at the Honeywell Area Ball
Field site on Nevada Avenue. An agreement from Hennepin County for Honeywell Youth
Field Expansion project has been attached for Council consideration.
In addition to the Hennepin County grant, the Golden Valley Little League has committed to
provide funding in the amount of $67,500 for the costs associated with making the
improvements. Attached is a letter of commitment from Golden Valley Little League which
documents their intent to raise the funds by July 15, 2011. Staff will be preparing an
agreement with Little League for funding, maintenance and use of the field for consideration
by Council in the near future.
Staff has also negotiated a contract with Anderson-Johnson Associates, Inc. to provide
professional services for design and construction management of the project for an estimated
cost of $76,700. A copy of the proposed contract for services is attached.
If Council approves the agreements, the following is the proposed schedule:
Approve agreement with Anderson-Johnson Assoc.
Award contract
Project completion
July 2010
September 2010
October 2011
Attachments
Location Map (1 page)
Letter from Golden Valley Little League received July 14, 2010 to Mayor Loomis (1 page)
Agreement for Honeywell Youth Field Expansion (7 pages)
Agreement from Anderson-Johnson Associates, Inc., dated July 7,2010 (13 pages)
Recommended Action
1. Motion authorizing agreement between the City of Golden Valley and Hennepin County
for the Honeywell Youth Field Expansion.
2. Motion authorizing the agreement with Anderson-Johnson Associates, Inc. in the amount
of $76,700.
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Serving ~ v.lley Youth lor 0".,. 50 YealS
OOl 14 2010
Mayor Linda Loomis
City of Golden Valley
7800 Golden Valley Road
Golden Valley, MN 55427
Mayor Loomis,
At the March meeting of the Golden Valley Little League, the board approved a resolution to provide
$67,500 toward the Honeywell Fields Project. This letter is to document our commitment to the project.
Golden Valley Little League commits to raise $67,500 in funding for this project with this amount to be
raised by July 15,2011. It is our understanding that we will work with City of Golden Valley staff to set
dates to remit funds to the City as the project progresses and as we raise funds for the project.
Thank you for your support in this project.
Peter Birkeland
President
Golden Valley Little League
7759 Olympia St.
Golden Valley MN 55427
Contract No: AIOI032
AGREEMENT FOR
HONEYWELL YOUTH FIELD EXPANSION
This Agreement is between the County of Hennepin, State of Minnesota ("COUNTY"),
A-2300 Government Center, Minneapolis, MN 55487, and the City of Golden Valley. 7800
Golden Valley Road. Golden Valley. MN 55427 ("LOCAL UNIT OF GOVERNMENT"
herein "LGU").
Recitals
1. Section 473.757, subd. 2 of Minnesota Statutes authorizes Hennepin County to make
grants for youth activities and youth and amateur sports within Hennepin County with
certain funds collected as part of the sales tax authorized in Section 473.757, subd. 10 of
Minnesota Statutes.
2. Pursuant to Hennepin County Board Resolution 09-0320R3, Hennepin County created
the Hennepin Youth Sports Program. The Hennepin Youth Sports Program makes grants
for youth sports and activities and amateur sports within Hennepin County.
3. In 2010, as part of the Hennepin Youth Sports Program, by Resolution No. 10-0227,
Hennepin County authorized an award of $400,000 to the LGU for the Honeywell Youth
Field Expansion Project ("Project").
NOW, THEREFORE, the parties hereto do hereby agree as follows:
The parties agree as follows:
1. TERM AND COST OF THE AGREEMENT
The LGU agrees to complete the Project by October 31, 2011. The COUNTY agrees to
contribute an amount not to exceed $400,000 to the LGU for the Project, which shall be
used as described in Section 2.
2. USE OF FUNDS
The LGU shall use all funds received under this Agreement for construction of the
Project in accordance with the application submitted by the LGU to the Minnesota
Amateur Sports Commission. The application for the Project dated March 29, 2010 is on
file with Hennepin County and this application is incorporated into this Agreement by
this reference. The LGU shall be solely responsible for securing all additional funds
needed for completion of the Project. The LGU agrees that the Project will include a
permanent plaque or sign, as agreed to by the LGU and COUNTY, identifying that the
Project was made possible by funds from the Hennepin Youth Sports Program.
3. PAYMENT FOR SERVICES
All funds shall be paid to LGU after COUNTY has agreed that the Project is complete,
demonstrated by a Certificate of Occupancy. The COUNTY will pay the LGU within forty-five
(45) days of satisfaction of all of the following: (a) receipt by the COUNTY of a Certificate of
Occupancy demonstrating the project is complete; (b) presentation to the COUNTY of a claim in
the manner provide by the law governing the COUNTY'S payment of claims and/or invoices,
and (c) receipt by the COUNTY of final paid invoices accompanied by a letter completed by
LGU substantially similar to the form attached at Attachment B,
4. PROFESSIONAL CREDENTIALS
INTENTIONALL Y OMITTED
5. INDEPENDENT CONTRACTOR
LGU shall select the means, method, and manner of performing the services. Nothing is
intended or should be construed as creating or establishing the relationship of co-partners
between the parties or as constituting LGU as the agent, representative, or employee of
the COUNTY for any purpose. LGU is and shall remain an independent LGU for all
services performed under this Agreement. LGU shall secure at its own expense all
personnel required in performing services under this Agreement. Any personnel of LGU
or other persons while engaged in the performance of any work or services required by
LGU will have no contractual relationship with the COUNTY and will not be considered
employees of the COUNTY. The COUNTY shall not be responsible for any claims that
arise out of employment or alleged employment under the Minnesota Economic Security
Law or the Workers' Compensation Act of the State of Minnesota on behalf of any
personnel, including, without limitation, claims of discrimination against LGU, its
officers, agents, LGUs, or employees. LGU shall defend, indemnify, and hold harmless
the COUNTY, its officials, officers, agents, volunteers, and employees from all such
claims irrespective of any determination of any pertinent tribunal, agency, board,
commission, or court. Such personnel or other persons shall neither require nor be
entitled to any compensation, rights, or benefits of any kind from the COUNTY,
including, without limitation, tenure rights, medical and hospital care, sick and vacation
leave, Workers' Compensation, Re-employment Compensation, disability, severance pay,
and retirement benefits.
6. NON-DISCRIMINATION
A. In accordance with the COUNTY's policies against discrimination, LGU agrees
that it shall not exclude any person from full employment rights nor prohibit
participation in or the benefits of, any program, service or activity on the grounds
ofrace, color, creed, religion, age, sex, disability, marital status, sexual
orientation, public assistance status, or national origin. No person who is
2
protected by applicable Federal or State laws against discrimination shall be
subjected to discrimination.
7. INDEMNIFICATION
LGU agrees to defend, indemnify, and hold harmless the COUNTY, its officials, officers,
agents, volunteers and employees from any liability, claims, causes of action, judgments,
damages, losses, costs, or expenses, including reasonable attorney's fees, resulting
directly or indirectly from any act or omission ofLGU, a subcontractor hired by the
LGU, anyone directly or indirectly employed by them, and/or anyone for whose acts
and/or omissions they may be liable in the performance ofthe services required by this
Agreement, and against all loss by reason ofthe failure of LGU to perform any obligation
under this Agreement.
Nothing in this Agreement constitutes a waiver by the LGUs of any statutory or common
law defenses, immunities, or limits on liability. The LGUs cannot be required to pay on
behalf of themselves and COUNTY to a third party, any amounts in excess of the limits
on liability established in Minnesota Statutes Chapter 466 applicable to anyone party.
The limits ofliability for COUNTY and LGUs may not be added together to determine
the maximum amount ofliability for LGUs.
8. DATA PRACTICES
LGU, its officers, agents, owners, partners, employees, volunteers and subLGUs shall
abide by the provisions of the Minnesota Government Data Practices Act, Minnesota
Statutes, Chapter 13 (MGDP A), the Health Insurance Portability and Accountability Act
and implementing regulations, if applicable, and all other applicable state and federal
laws, rules, regulations and orders relating to data privacy or confidentiality. IfLGU
creates, collects, receives, stores, uses, maintains or disseminates data because it performs
functions of the COUNTY pursuant to this Agreement, then LGU must comply with the
requirements of the MGDPA as ifit were a government entity, and may be held liable
under the MGDP A for noncompliance. LGU agrees to defend, indemnify and hold
harmless the COUNTY, its officials, officers, agents, employees, and volunteers from
any claims resulting from LGU's officers', agents', owners', partners', employees',
volunteers', assignees' or subLGUs' unlawful disclosure and/or use of such protected
data, or other noncompliance with the requirements of this section. LGU agrees to
promptly notify the COUNTY if it becomes aware of any potential claims, or facts giving
rise to such claims, under the MGDPA. The terms of this section shall survive the
cancellation or termination of this Agreement.
9. RECORDS - AVAILABILITY/ACCESS
Subject to the requirements of Minnesota Statutes Section 16C.05, Subd. 5, LGU agrees
that the COUNTY, the State Auditor, the Legislative Auditor or any of their authorized
representatives, at any time during normal business hours, and as often as they may
reasonably deem necessary, shall have access to and the right to examine, audit, excerpt,
3
and transcribe any books, documents, papers, records, etc., which are pertinent to the
accounting practices and procedures of LGU and involve transactions relating to this
Agreement. LGU shall maintain these materials and allow access during the period of
this Agreement and for six (6) years after its termination or cancellation.
10. SUCCESSORS, SUBCONTRACTING AND ASSIGNMENTS
A. LGU binds itself, its partners, successors, assigns and legal representatives to the
COUNTY for all covenants, agreements and obligations contained in the contract
documents.
B. LGU shall not assign, transfer or pledge this Agreement and/or the services to be
performed, whether in whole or in part, nor assign any monies due or to become
due to it without the prior written consent of the COUNTY. A consent to assign
shall be subject to such conditions and provisions as the COUNTY may deem
necessary, accomplished by execution of a form prepared by the COUNTY and
signed by LGU, the assignee and the COUNTY. Permission to assign, however,
shall under no circumstances relieve LGU of its liabilities and obligations under
the Agreement.
C. LGU may subcontract for the services to be performed pursuant to this contract.
Permission to subcontract, however, shall under no circumstances relieve LGU of
its liabilities and obligations under the Agreement. Further, LGU shall be fully
responsible for the acts, omissions, and failure of its subLGUs in the performance
ofthe specified contractual services, and ofperson(s) directly or indirectly
employed by subLGUs. Contracts between LGU and each subLGU shall require
that the subLGU's services be performed in accordance with the terms and
conditions specified. LGU shall make contracts between LGU and subLGUs
available upon request.
11. MERGER AND MODIFICA nON
A. It is understood and agreed that the entire Agreement between the parties is
contained herein and that this Agreement supersedes all oral agreements and
negotiations between the parties relating to the subject matter. All items that are
referenced or that are attached are incorporated and made a part of this
Agreement. If there is any conflict between the terms of this Agreement and
referenced or attached items, the terms of this Agreement shall prevail.
B. Any alterations, variations, modifications, or waivers of provisions of this
Agreement shall only be valid when they have been reduced to writing as an
amendment to this Agreement signed by the parties.
4
12. DEFAULT AND CANCELLATION
A. If LGU fails to perform any of the provisions of this Agreement or so fails to
administer the work as to endanger the performance of the Agreement, it shall be
in default. Unless LGU's default is excused by the COUNTY, the COUNTY may
upon written notice immediately cancel this Agreement in its entirety.
Additionally, failure to comply with the terms of this Agreement shall be just
cause for the COUNTY to delay payment until LGU's compliance. In the event
of a decision to withhold payment, the COUNTY shall furnish prior written notice
to LGD.
B. The above remedies shall be in addition to any other right or remedy available to
the COUNTY under this Agreement, law, statute, rule, and/or equity.
C. The COUNTY's failure to insist upon strict performance of any provision or to
exercise any right under this Agreement shall not be deemed a relinquishment or
waiver of the same, unless consented to in writing. Such consent shall not
constitute a general waiver or relinquishment throughout the entire term of the
Agreement.
D. This Agreement may be canceled with or without cause by either party upon
thirty (30) day written notice.
E. Provisions that by their nature are intended to survive the term, cancellation or
termination of this Agreement include but are not limited to: INDEPENDENT
CONTRACTOR; INDEMNIFICATION; DATA PRACTICES; RECORDS-
AVAILABILITY/ACCESS; DEFAULT AND CANCELLATION;
PROMOTIONAL LITERATURE; and MINNESOTA LAW GOVERNS.
13. CONTRACT PROCESSING AND ADMINISTRATION
The Minnesota Amateur Sports Commission ("MASC") will serve as staff liaison in the
grant process administration. Responsibilities will include but not be limited to:
forwarding all required grant processing documents to LGU; and forwarding appropriate
documents to COUNTY for processing and/or execution (i.e., grant contract and invoice
requests). MASC will serve as contact for grant administration and/or processing
mqumes.
Kimberly Spates, or successor (County Contract Administrator), shall manage this
Agreement on behalf of the COUNTY and serve as contract liaison between the
COUNTY and LGU.
5
14. COMPLIANCE AND NON-DEBARMENT CERTIFICATION
A. LGU shall comply with all applicable federal, state and local statutes, regulations,
rules and ordinances currently in force or later enacted.
B. If the source or partial source of funds for payment of services under this
Agreement is federal, state or other grant monies, LGU shall comply with all
applicable conditions of the specific referenced or attached grant.
C. LGU certifies that it is not prohibited from doing business with either the federal
government or the State of Minnesota as a result of debarment or suspension
proceedings.
15. NOTICES
Any notice or demand which must be given or made by a party under this Agreement or
any statute or ordinance shall be in writing, and shall be sent registered or certified mail.
Notices to the COUNTY shall be sent to the County Administrator with a copy to the
originating Department at the address given in the opening paragraph of the Agreement.
Notice to LGU shall be sent to the address stated in the opening paragraph of the
Agreement.
16. PROMOTIONAL LITERATURE
LGU agrees that the terms "Hennepin County" or any derivative shall not be utilized in
any promotional literature, advertisements of any type or form or client lists without the
express prior written consent of the COUNTY.
17. MINNESOTA LAWS GOVERN
The Laws of the State of Minnesota shall govern all questions and interpretations
concerning the validity and construction of this Agreement and the legal relations
between the parties and their performance. The appropriate venue and jurisdiction for
any litigation will be those courts located within the County of Hennepin, State of
Minnesota. Litigation, however, in the federal courts involving the parties will be in the
appropriate federal court within the State of Minnesota. If any provision of this
Agreement is held invalid, illegal or unenforceable, the remaining provisions will not be
affected.
THIS PORTION OF PAGE INTENTIONALLY LEFT BLANK
6
LGU AUTHORIZATION
*LGU:
By:
Its:
And:
Its:
organized under:
Statutory_______
Option A_______
Option B _______
Charter
*LGU shall submit applicable documentation (articles, bylaws, resolutions or ordinances) that
confirms the signatory's delegation of authority. This documentation shall be submitted at the
time LGU returns the Agreement to the COUNTY. Documentation is not required for a sole
proprietorship.
COUNTY BOARD AUTHORIZATION
Reviewed by the County
Attorney's Office
COUNTY OF HENNEPIN
STATE OF MINNESOTA
By:
Chair ofltsCounty Board
Date:
ATTEST:
Deputy/Clerk of County Board
Date:
And:
Assistant/Deputy/County Administrator
Date:
7
PROFESSIONAL SERVICES AGREEMENT
This Agreement is made as of the 7111 day of July, 2010, by and between the City of Golden Valley, hereinafter
referred to as City, and Anderson-Johnson Associates, Inc., hereinafter referred to as Consultant, with offices located
at 7575 Golden Valley Road, Suite 200, Minneapolis, MN 55427.
Witnesseth, that the City and Consultant, for the consideration herein named, agree as follows:
SECTION 1/ GENERAL CONTRACT
PROVISIONS
These provisions shall be as set forth in Exhibit A.
SECTION 2/ SCOPE OF WORK
The scope of work to be performed by Consultant is
set forth in Exhibit C. The work and services to be
performed hereunder and described in Exhibit C shall
be referred to herein and in the General Contract
Provisions as the Project.
SECTION 3/ COMPENSATION
Compensation to Consultant for services described in
this Agreement shall be as designated in the attached
Exhibit D and as hereinafter described.
SECTION 4/ WORK SCHEDULE
The anticipated schedule is set forth in Exhibit C.
SECTION 5 / SPECIAL CONDITIONS
Special conditions, if any, are as set forth in Exhibit
G.
SECTION 6 / EXHffiITS
The following initialed Exhibits are attached to and
made a part of this Agreement:
X Exhibit A General Contract Provisions
X Exhibit B Definitions
X Exhibit C Scope of Work
X Exhibit D Compensation
X Exhibit E Insurance Schedule
X Exhibit F Rate Schedule
Professional Services Agreement
Page I of 13
SECTION 7.1 / ACCEPTANCE OF
AGREEMENT
All work and services described in this Agreement
and compensation terms provided within Exhibit D.l
shall be performed by Consultant only after written
acceptance of the City. The undersigned hereby
accept the terms and conditions of this Agreement
and Consultant is hereby authorized to perform the
services described herein.
CITY:
CITY OF GOLDEN VALLEY
ADDRESS:
7800 GOLDEN V ALLEY ROAD
GOLDEN VALLEY, MN 55427
BY: Linda R. Loomis
SIGNATURE:
TITLE: Mavor
BY: Thomas D. Burt
SIGNATURE:
TITLE: City Manager
ADDRESS:
CONSULTANT: ANDERSON-JOHNSON
ASSOCIATES, INC.
ADDRESS: 7575 GOLDEN VALLEY ROAD
GOLDEN VALLEY, MN 55427
By: David A. Rey, PE
SIGNATURE:
TITLE: Vice President
SECTION 7.2/ ACCEPTANCE OF
AGREEMENT
All work and services described in this Agreement
and compensation terms provided within Exhibit D.2
shall be performed by Consultant only after written
acceptance of the City. The undersigned hereby
accept the terms and conditions of this Agreement
and Consultant is hereby authorized to perform the
services described herein.
CITY:
CITY OF GOLDEN VALLEY
ADDRESS:
7800 GOLDEN VALLEY ROAD
GOLDEN VALLEY, MN 55427
BY: Linda R. Loomis
SIGNATURE:
TITLE: Mavor
BY: Thomas D. Burt
SIGNATURE:
TITLE: City Manager
ADDRESS:
CONSULTANT: ANDERSON-JOHNSON
ASSOCIATES, INC.
ADDRESS: 7575 GOLDEN VALLEY ROAD
GOLDEN VALLEY, MN 55427
By: David A. Rey, PE
SIGNATURE:
TITLE: Vice President
Professional Services Agreement
Page 2 of 13
EXHIBIT A
GENERAL CONTRACT PROVISIONS
ARTICLE I - GENERAL
These general contract provisions are incorporated in and become a part of
the Agreement to which it is attached between Anderson-Johnson
Associates, Inc. hereinafter referred to as Consultant, and the other party to
the Agreement, City of Golden Valley, hereinafter referred to as City,
wherein the City engages the Consultant to provide certain services more
particularly described in Exhibit C, Scope of Work. Either party may be
hereinafter referred to as party or, collectively, parties. The starting date
will commence when authorized by the City.
ARTICLE 2 - CHANGED CONDITIONS
If the Consultant determines that any services it has been directed or
requested to perform are beyond the scope as set forth in Exhibit C or that,
due to changed conditions or changes in the method or manner of
administration of the Project, the Consultant's effort required to perform
its services under this Agreement exceeds the estimate which formed the
basis for the Consultant's compensation, Consultant shall promptly notif'y
the City of that fact. Additional work and additional compensation for
such work, and the extension of time for completion thereof, shall be set
forth in a supplemental Agreement entered into by the parties prior to
proceeding with any additional work or related expenditures. Such
supplemental Agreement shall be incorporated in and become a part of this
Agreement.
ARTICLE 3 - TERMINATION
The City may by written notice terminate the Agreement or any portion
thereof when it is deemed in the City's best interest to do so or the City is
unable to adequately fund payment for the Agreement because of changes
in State fiscal policy, regulation or law. In the event oftermination, copies
of plans, reports, specifications, electronic drawing/data files (CADD),
field data, notes, and other documents whether written, printed orrecorded
on any medium whatsoever, finished or unfinished, prepared by the
Consultant pursuant to this Agreement and pertaining to the work or to the
Project, (hereinafter "Instruments of Service"), shall be made available to
the City pursuant to Article 4. All provisions of this Agreement allocating
responsibility or liability between the City and Consultant shall survive the
completion of the services hereunder and/or the termination of this
Agreement.
ARTICLE 4 - REUSE AND DISPOSITION OF INSTRUMENTS OF
SERVICE
During the course of the work, the Consultant shall (if requested,) make
available to the City copy(ies) of the Instruments of Service. At the time
of completion or termination of the work, the Consultant shall make such
Instruments of Service available to the City upon (i) payment of a mounts
due and owing for work performed and expenses incurred to the date and
time oftermination, and (ii) fulfillment of the City's obligation under this
Agreement and such Instruments of Service shall become the property of
the City. Any use or re-use of such Instruments of Service by the City or
others without written verification or adaption by the Consultant except for
the specific purpose intended will be at the City's risk and full legal
responsibility.
The City agrees, to the fullest extent permitted by law, to indemnif'y and
hold the Consultant harmless from any claim, liability or cost (including
reasonable attorneys' fees, and defense costs) arising or allegedly arising
out of any unauthorized reuse or modification of these Instruments of
Service by the City or any person or entity that acquires or obtains the
reports, plans and specifications from or through the City without the
written authorization of the Consultant. Under no circumstances shall
transfer of Instruments of Service be deemed a sale by Consultant, and
Consultant makes no warranties, either expressed or implied, of
merchantability and fituess for any particular purpose. Consultant shall
cause any contract for work between Consultant and a third party for work
under this Agreement to contain the terms and provisions of this Article 4
relating to the Instruments of Service created by such subcontractor.
ARTICLE 5 - AGREEMENT
As used herein Agreement means:
(1) The Agreement for engineering, surveying and planning
services;
(2) These general contract provisions;
(3) The attached exhibits; and
(4) The supplemental Agreement, where applicable.
As to superseding effect, the attached exhibits shall govern over these
general provisions, and the supplemental Agreement, where applicable,
shall govern over attached exhibits and these general provisions.
The Agreement constitutes the entire understanding between the
Consultant and City. The Agreement supersedes all prior written or oral
understanding and may only be amended, supplemented, modified or
cancelled by a duly executed written instrument.
ARTICLE 6 - RESPONSIBILITIES
A. In order to permit the Consultant to perform the services required
under this Agreement, the City shall, in proper time and sequence and
where appropriate to the Project, at no expense to the Consultant:
I. Provide available information as to its requirements for the Project.
2. Guarantee access to and make all provisions for the Consultant to
enter upon public and private lands to enable the Consultant to
perform its work under this Agreement.
3. Provide such legal, accounting and insurance counseling services as
may be required for this Project, (such as review of insurance
certificates, bonding clarifications and legal questions regarding
property acquisition or assessment).
4. Notif'y the Consultant whenever the City observes or otherwise
becomes aware of any defect in the Project.
5. The Golden Valley City Councilor a person or persons designated,
shall act as City's representative with respect to the services to be
rendered under this Agreement. The City's representative shall have
the authority to transmit and receive instructions and information and
to interpret and define the City's policies with respect to services
rendered by the Consultant.
6. Furnish data (and professional interpretations thereof) prepared by or
services performed by others, including where applicable, but not
limited to, previous reports, core borings, probings and sub-surface
explorations, hydrographic and hydrogeologic surveys, laboratory
tests and inspection of samples, materials and equipment; appropriate
professional interpretations of the foregoing data; environmental
assessment and impact statements; property, boundary, easement,
right-of-way, topographic and utility surveys; property description;
zoning, deed and other land use restrictions; and other special data.
7. Review all reports, sketches, drawings, specifications and other
documents prepared and presented by the Consultant, obtain advice of
legal, accounting and insurance counselors or others as City deems
necessary for such examinations and render in writing decisions
pertaining thereto within reasonable times so as not to delay the
performance by the Consultant of the services to be rendered pursuant
to this Agreement.
8. Where appropriate, endeavor to identif'y, remove and/or encapsulate
asbestos products or materials or pollutants located in the project area
prior to accomplishment by the Consultant of any work on the
Project.
9. Provide record drawings and specifications for all existing physical
plants of facilities which are pertinent to the Project.
10. Where available provide other services, materials, or data as may be
set forth.
II. Bear all costs incidental to compliance with the requirements of this
article.
12. Provide the foregoing in a manner sufficiently timely so as not to
delay the performance by the Consultant of the services in accordance
with the Contract Documents.
B. Consultant shall be entitled to rely on the accuracy and completeness
of information or services furnished by the City or others employed by the
City. Consultant shall endeavor to verif'y the information provided and
shall promptly notif'y the City if the Consultant discovers that any
information or services furnished by the City is in error or is inadequate for
its purpose.
ARTICLE 7 - OPINIONS OF COST
Opinion, ifany, of probable cost, construction cost, financial evaluations,
feasibility studies, economic analyses of alternate solutions and utilitarian
considerations of operations and maintenance costs provided for are made
or to be made on tbe basis of the Consultant's experience and qualifications
and represent the Consultant's best judgment as an experienced and
qualified professional design firm. The parties acknowledge, however, that
the Consultant does not have control over the cost of labor, material,
Exhibit A - General Contract Provisions
Pagd of 13
equipment or services furnished by others or over market conditions or
contractor's methods of determining their prices, and any evaluation of any
facility to be constructed or acquired, or work of necessity must be
speculative until completion of construction or acquisition. Accordingly,
the Consultant does not guarantee that proposals, bids or actual costs will
not vary from opinions, evaluations or studies submitted by the Consultant.
ARTICLE 8 - INSURANCE
Consultant has procured insurance in the types and amounts set forth in
Exhibit E, and shall cause any work subcontracted to a third party to be
completed under a subcontract requiring the procurement of insurance in
the types and amounts set forth in Exhibit E. The Consultant further
agrees to furnish certificates of the insurance set forth in Exhibit E to the
City, naming the City as an additional insured, not later than ten (10) days
after execution of this Agreement and will provide the City with written
notice ten (10) days prior to cancellation of the policy or any material
change in the coverage period.
ARTICLE 9 - ASSIGNMENT
This Agreement, intended to secure the service of individuals employed hy
and through the Consultant, shall not he assigned or transferred without
written consent of the City.
ARTICLE 10 - CONTROLLING LAW
This Agreement is to be governed by the laws of the State of Minnesota.
ARTICLE II - NON-DISCRIMINATION
Consultant will comply with the provisions of applicahle Federal, State and
Local Statutes, Ordinances, and Regulations pertaining to human rights
and non-discrimination, and shall cause any contract for work
subcontracted to a third party to be completed under a subcontract
requiring compliance with Article II herein.
ARTICLEI2-CONFLICTRESOLUTION
In an effort to resolve any conflicts that arise during the design or
construction of the project or following the completion of the project, the
City and Consultant agree that all disputes between them arising out of or
relating to this Agreement shall be submitted to nonbinding mediation
unless the parties mutually agree otherwise.
ARTICLE 13 - CONFIDENTIALITY
The Consultant agrees to keep confidential and not to disclose to any
person or entity, other than the Consultant's employees, subconsultants and
the general contractor and subcontractors, if appropriate, any data and
information not previously known to and generated by the Consultant or
furnished to the Consultant and marked CONFIDENTIAL by the City.
These provisions shall not apply to information in whatever form that
comes into the public domain, nor shall it restrict the Consultant from
giving notices required by law or complying with an order to provide
information or data when such order is issued by a court, administrative
agency or other authority with proper jurisdiction, or if it is reasonably
necessary for the Consultant to defend himself or herself from any suit or
claim.
ARTICLE 14 - LOCATION OF UNDERGROUND IMPROVEMENTS
The Consultant andlor his authorized subconsultant will conduct the
research that in his or her professional opinion is necessary and will
prepare a plan indicating the locations intended for subsurface penetrations
with respect to assumed locations of underground improvements. Such
services by the Consultant or his or her subconsultant will be performed in
a manner consistent with the ordinary standard of care. The City
recognizes that the research may not identifY all underground
improvements and that the information upon which the Consultant relies
may contain errors or may not be completed.
The City agrees, to the fullest extent permitted by law, to waive all claims
and causes of action against the Consultant and anyone for whom the
Consultant may be legally liable, for damages to underground
improvements resulting from subsurface penetration locations established
by the Consultant, except that the City does not release the Consultant, its
principals, employees, agents and consultants from negligence which
causes damage to underground improvements resulting from subsurface
penetration locations established by the Consultant.
ARTICLE 15 - REVIEW
It is understood and agreed by the Consultant that the City, through its
authorized agents sball be the sole and final judge of the fitness of the
work and its acceptability, and no payment shall be made to the Consultant
hereunder until the work shall have been found acceptable by the City
tbrough its authorized agents.
The Consultant shall be liable for any work done by a subcontractor for
services rendered under this Agreement. The City shall be entitled to pay
any such subcontractor directly in its own discretion.
ARTICLE 16 - INDEMNIFICATION
The Consultant agrees, to the fullest extent permitted by law, to indemnifY
and hold the City, their elected officials, officers, agents and employees
harmless from any damage, liability or cost (including reasonable
attorneys' fees and costs of defense) to the extent caused by the provision
of services, errors or omissions in the performance of professional services
under this Agreement and those of Consultant, subconsultants or anyone
for whom the Consultant is legally liable.
The City agrees to the fullest extent permitted by law, to indemnifY and
hold the Consultant harmless from any damage, liability or cost (including
reasonable attorneys' fees and costs of defense) to the extent caused by the
City's negligent acts, errors or omissions and those of his or her
contractors, subcontractors or consultants or anyone for whom the City is
legally liable, and arising from the project that is the subject of this
Agreement.
Exhibit A - General Contract Provisions
Page 4 of 13
EXHIBIT B
DEFINITIONS
B.l "HOURLY BASIS" means that the fee shall be determined by multiplying the number of
hours of work performed, times the direct personnel cost for the appropriate labor
classification shown on the fee schedule.
B.2 "EXPENSES" means costs incurred in the performance of the services described herein or
authorized by the City which are not direct personnel costs or overhead costs. Expenses
include long distance telephone charges, sub consultant fees, testing costs, outside
reproduction and printing costs, equipment rental costs and similar costs.
B.3 "IMPROVEMENT PROJECT" means public improvement projects authorized by the City
and paid for with public funds.
B.4 "INSTRUMENTS OF SERVICE" means the specifications, plans and other documents
(including those in electronic form), prepared by Consultant and its subcontractors of this
project.
Exhibit B - Definitions
Page 5 of 13
EXHIBIT C
SCOPE OF WORK
GENERAL SCOPE OF SERVICES FOR IMPROVEMENT PROJECTS
Consultant shall act as a representative of the City during the development of the Little League
Fields Honeywell Site located South of Sandburg Road at Louisiana Avenue. Consultant shall
also provide engineering and consulting services that extend beyond this project at the direction
of the City.
Subject to further clarification and refinement on an ongoing basis, the Consultant shall perform
the following general tasks to the level and frequency directed by the City:
Stage 1
Stage 2
2.1
2.2
2.3
2.4
2.5
Data Collection
1.1
Review existing topographic survey of the site (topographic survey has already been
obtained from Sunde Land Surveying, LLC dated October 1998).
Update the topographic and boundary survey to show the removal of the parking lot from
the 1998 survey and update the tree survey to show and identify significant trees in
accordance with City requirements and specifications. Surveying will be accomplished by
Sunde Land Surveying, LLC. Cost of updating the survey for the site is included in this
proposal.
Visit project site to identify existing conditions which may affect the proposed project.
Site is believed to have contaminated soils; obtain and review reports from City's
consultants and Environmental Engineer which identify the nature and characteristics of
the contamination. The Environmental Engineer's costs and any required additional
exploration and preparation of remediation plans and documents and their submittal for
approval to the MPCA, is not included in AJA's proposal and will be paid for separately
by the Owner. AJA's proposal includes all necessary coordination and meetings with the
Owner's Environmental Engineer. AJA's proposal includes incorporation of the
Environmental Engineer's remediation plan (for example: Response Action Plan) into the
bidding and construction documents.
Gather data from City, Watershed District and other review agencies.
Conduct soil borings for the proposed site for the purpose of structural analysis, soil
permeability and construction suitability. Work will be accomplished by American
Engineering Testing, Inc. Cost of soil borings is included in this proposal.
1.2
1.3
1.4
1.5
1.6
Project Analysis, Conceptual Layout and Schematic Design
Analyze data gathered from Data Collection phase, including a 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 a Preliminary Opinion of Probable Project Cost.
Review Schematic Design and Preliminary Opinion of Probable Project Cost with Owner
and obtain approval to proceed to design development phase.
Exhibit C - Scope of Work
Page 6 of 13
Stage 3
3.1
3.2
3.3
3.4
3.5
3.6
3.7
3.8
Stage 4
4.1
4.2
4.3
4.4
4.5
Stage 5
5.1
5.2
5.3
5.4
Stage 6
6.1
6.2
6.3
6.4
6.5
6.6
6.7
6.8
Design Development
Prepare Design Development Plans incorporating design requirements set forth in
previous phase.
Refine Opinion of Probable Project Costs.
Review Design Development Plans and Opinion of Probable Project 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 Opinion of Probable Project Costs 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 Project Cost with
Owner and obtain approval to proceed to Construction Document phase.
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, incorporating City
Standard front end specifications and supplementing these specifications where required.
Attend meetings, if required, to support Owner in receiving approval of the project by the
regulatory agencies.
Prepare Advertisement for Bid and Bidding Documents.
Preparation of the Storm Water Pollution Prevention Plan (SWPPP).
Bidding
Prepare bidding documents for the purpose of obtaining bids.
Prepare addenda during the bidding phase.
Answer questions to assist contractors in their bidding.
Analyze bids and make recommendations to Owner.
Contract Administration & Construction Observation
Prepare and issue Notice to Proceed to successful bidder.
Conduct Preconstruction Conference.
Provide construction staking for the Contractor. Work will be accomplished by Sunde
Land Surveying, LLC.
Make periodic on-site observations (under this "base" proposal) in accordance with
standard AlA requirements.
Provide continuous on-site observations (under a separate Construction Services
agreement with the City Public Works Department). A separate fee for this continuous
service is proposed. Refer to the description of work towards the end of this proposal for
more information.
Provide SWPPP inspections at least once per week or after every rain event in accordance
with the NPDES permit. Submit inspection reports to the City and Contractor.
Provide construction testing for soils, concrete and asphalt as required by the project
specifications. Work will be accomplished by American Engineering Testing, Inc.
Provide interpretation of Contract Documents, as required.
Exhibit C - Scope of Work
Page 7 of 13
6.9 Issue Proposal Requests, Supplemental Instructions, and Construction Change Directives
for changes made during construction.
6.10 Prepare and process Change Orders, if necessary.
6.11 Certify Contractor's requests for partial payment.
6.12 Make pre-final inspection, with Owner and Contractor.
Schedule:
anticipated duration in weeks
- N .., .,. V> -a c- oo '" ~ = ~ :::l :! ~ ~ !:: ~ ~ R N ~ .... .,. V> ;El c-
N N N N
Data Collection !
,
Owner's I
Environmental
Engineer review/ , ,
investigation ,
-.- ---
Project Analysis, i
Conceptual Layout
& Schematic Design
Phase
Design
Development Phase
Construction ! I
,
Documents Phase i I
I
City Engineering
revIew
Bassett Creek I
Watershed District i I
plan review / ,
approval
Bidding
Construction 10 weeks up to seeding date
I year to establish turf
Exhibit C - Scope of Work
Page 8 of 13
EXHIBIT D
COMPENSATION
The City shall pay the Consultant for Basic Services rendered for the work performed in
accordance with the stages identified in Exhibit C as identified in D.1.
Consultant's current fee schedule with hourly rates is attached to this contract as Exhibit F. The
rate schedule is for 2010, and will remain in effect for the term ofthe project.
The following are the compensation terms:
D.1 To provide professional services outlined herein, we propose a lump sum fee of $55,300;
the fee will be broken down as follows:
Surveying... ....... ..... ........................ ...... ........................... ...... ......................... $ 3,900
Geotechnical Exploration..... ......................... ........ ......... ........................... ..... $ 9,700
Schematic Design Phase. ....... .............. ........................................... ................ $ 2,280
Design Development Phase ............... ...... ...... ........ ........................ ................. $ 5,700
Construction Document Phase........................................................................ $ 9,120
Bidding Phase................................................................................................. $ 1,140
Construction Administration......................... ......... ....... ...... ............... ........... $ 4,560*
Construction Staking....... ............................................... ......... ...... ................. $ 5,400
Construction Soils Testing ............................................... ........ ....................... $ 6,000
As-Built Document Preparation and Submittal.............................................. $ 7.500
Total Fee....... ............... .......... ................................ ..... ..... ...... ........................ $55,300
*exclusive of full time construction services proposal as identified according to D.2
D.2 The City shall pay the Consultant for Basic Services rendered on an hourly basis as
mutually agreed to and deemed fair and reasonable for the particular work to be
performed. AJ A proposes to provide construction services as described below in the
event that City staff is not able to perform these services:
1. Provide continuous construction observation during storm sewer construction.
2. Provide continuous construction observation during irrigation construction.
3. Provide continuous construction observation during draintile construction.
4. Provide continuous construction observation during conduit construction.
5. Provide continuous construction observation during all other underground work.
6. Provide minimum 24 hours (three - 8 hour days) construction observation during
non-underground work during active construction periods.
Additional Fee for Construction Services: $21,400
Exhibit D - Compensation
Page 9 of 13
D.3 Receipt of Payment
In order to receive payment for services, the Consultant shall submit monthly invoices
describing in detail the services performed in accordance with this contract. The City
shall pay Consultant before ten (10) days after receipt of (a) each monthly invoice, (b) a
certificate from the City that work has been completed, and (c) an opinion of the City's
attorney that the City is then obligated to pay the sum contracted for herein. All payments
to the Consultant shall be made payable to Anderson-Johnson Associates, Inc. and the
City does not assume and shall not have any responsibility for the allocation of payments
or obligations of the Consultant to third parties.
D.4 Expenses
Consultant shall be reimbursed for reasonable expenses related to the scope of services of
this contract and/or individual projects. The Consultant shall be reimbursed for the actual
cost of the expenses, without markup. Typical expenses include, but are not limited to,
the following:
· Plan and specification reproduction fees
· Costs related to the development ofproject photos
The following shall not be considered reimbursable expenses:
· Mileage
· Mobile phone usage
· Computer equipment time
· Preparation and reproduction of common correspondence
· Mailing
Exhibit D - Compensation
Page 10 of 13
EXHIBIT E
INSURANCE SCHEDULE
1. Worker's Compensation Insurance:
A. Statutory Compensation Coverage
B. Coverage B - Employer's Liability with limits of not less than:
$100,000 Bodily Injury per Disease per Employee
$500,000 Bodily Injury per Disease Aggregate
$100,000 Bodily Injury by Accident
2. Automobile Liability Insurance:
A. Minimum Limits of Liability:
$1,500,000 - Per Occurrence - Bodily Injury and Property Damage
Combined Single Limit
B. Coverages:
X Owned Automobile, if any
X Non-Owned Automobile
X Hired Automobile
X City of Golden Valley named as Additional Insured
3. General Liability Insurance:
A. Minimum Limits of Liability:
$1,500,000 - Per Occurrence
$3,000,000 - Annual Aggregate
B. Coverages:
X Bodily Injury
X Property Damage
X Personal Injury
X Blanket Contractual
X City of Golden Valley named as Additional Insured
4. Professional Liability/Miscellaneous Liability Insurance:
Coverage for negligent acts, errors or omissions arising out of the performance of
professional services included in the Contract coverage shall continue for a
minimum of five (5) years.
A. Minimum limit ofliability of $2,000,000 per occurrence
B. Deductible not to exceed $5,000 (if in excess, submit certified
financial statement)
C. If Claims-Made, please complete the following:
Contractor's policy(ies) shall be primary insurance to any other valid and collectible
insurance available to the City of Golden Valley with respect to any claim arising out of
this Contract, and provide the City of Golden Valley with thirty (30) days advance written
notice of cancellations, non-renewals or reduction in limits or coverage or other material
change.
Exhibit F - Fee Schedule
Page II ofl3
Contractor is responsible for payment of insurance deductibles. If Contractor is self-
insured, a Certification of Self-Insurance must be attached.
Insurance companies must have an "AM Best" rating of A-, class V or better, and be
authorized to do business in the State of Minnesota.
The insurance company or companies must be satisfactory to the City.
Each subcontractor on this project will be required to furnish property damage and public
liability insurance. All the requirements as to such insurance that are stated above and
apply to the General Contractor apply also, except as to the amounts, to each of his
subcontractors. Subcontractors will furnish property damage insurance and public
liability insurance in amount proportionate to their respective subcontracts, but such
amounts shall be satisfactory to the Engineer.
Exhibit F - Fee Schedule
Page 12 of 13
EXHIBIT F
ANDERSON-JOHNSON ASSOCIATES, INC.
2010 FEE SCHEDULE
Charges for professional and technical personnel will be made for time spent in the field, in consultation,
and in travel to and from the jobsite and meetings.
Classification
Secretary
Construction Observer
Civil / CADD Technician
Graduate Landscape Planner
Landscape Architect
Landscape Architect, ASLA
Senior Landscape Architect, ASLA
Civil Engineer, EIT
Civil Engineer, PE
Senior Civil Engineer, PE
Executive Civil Engineer, PE
Reimbursable Expenses
Photocopies
Bond Copying (E size sheets)
Plotting
Color Plotting (on photo paper)
24x36
30x42
Aerial Photography
Delivery
Facsimile
Outsourced Reproduction
$ 54 per hour
$ 65 per hour
$ 72 per hour
$ 80 per hour
$ 98 per hour
$113 per hour
$137 per hour
$ 80 per hour
$113 per hour
$137 per hour
$140 per hour
$.15 / page
$2.75/ page
$2.75/ page
$10.50/ page
$11.25 / page
$100/ site
Equal to cost
$0
At Cost + 20%
Exhibit F - Fee Schedule
Page 13 of 13
alley
Memorandum
Planning
763-593-8095/763-593-8109 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
July 20, 2010
Agenda Item
3. F. Approval of Six Month Extension for Filing of Plat and Submitting Final PUD Plan
Application - PUD #107 - The Towers at West End - Southwest Quadrant of 1-394 and
Highway 100 - Duke Realty, Applicant
Prepared By
Mark Grimes, Director of Planning and Development
Summary
At the March 3, 2009 City Council meeting, the Council approved the Preliminary PUD Plan
and Preliminary Plat for The Towers at West End PUD No.1 07. At the September 1, 2009
City Council meeting, the Council approved a 6-month extension for filing of Plat and
submitting a Final PUD Plan application. At the February 16, 2010 City Council meeting, the
Council approved a second 6-month extension or filing of Plat and submitting a Final PUD
application.
The Preliminary PUD Plan and Preliminary Plat provide for the construction of a 4,000+
space parking deck attached to several office buildings that are located in St. Louis Park. Due
to market conditions, Duke is requesting 180 day extensions for the filing of applications for
the Final PUD plan and the Final Plat.
At the time of granting an extension, the City Council may add other conditions to the
Preliminary PUD plan approval. At this time, the staff is recommending that additional
conditions be added to the Preliminary PUD approval as follows: 1) Duke shall submit cash
deposits as requested by the City to cover legal and engineering costs incurred by the City
for consideration of the Preliminary Plan; and 2) Duke will be financially responsible for road
construction under TH 100 and intersection improvements on the east side of TH 100 and
traffic calming along the frontage road east of TH 100, to occur at the time building permits
area applied for by Duke.
Attachments
Location Map (1 page)
Letter from Duke Realty dated February 9,2010 (1 page)
Recommended Action
Motion to approve an extension for submittal of the Final PUD Plan application and the Final
Plat for The Towers at West End, PUD No. 107 until February 28,2011, subject to the
following conditions:
1. Duke shall submit cash deposits as requested by the City to cover legal and engineering
costs incurred by the City for consideration of the Preliminary Plan.
2. Duke will be financially responsible for road construction under TH 100 and intersection
improvements on the east side of TH 100 and traffic calming along the frontage road east
of TH 100, to occur at the time building permits area applied for by Duke.
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Duke
REALTY CORPORATION
07/07/10
Mr. Mark Grimes
Director of Planning and Development
City of Golden Valley
7800 Golden Valley Road
Golden Valley, MN 55427
RE: The Towers at West End - Preliminary pun
Golden Valley - St Louis Park, MN
Dear Mark:
This letter is to request a 180 day extension (February 28th, 2011) for our Towers at West
End Development including the Preliminary PUD approvals. Market conditions have continued to
be very challenging in the past year and our local office is unable to start speculative office
development at this time.
We have continued interest in build-to-suit prospects and will keep you updated as to when
a project might begin.
If you have any additional questions please contact me at 952/543-2989.
Sincerely,
Q.mJ, P. Eo
David Bade, P.E.
Development Services Manager
Duke Realty
1600 Utica Ave S - #250
St Louis Park, MN 55416
alley
M moran m
Public Works
763-593-8030 I 763-593-3988 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
July 20,2010
Agenda Item
3. G. Resolution Authorizing Agreement with MnDOT Designating MnDOT as the City of
Golden Valley's Agent for Federal Participation in Preliminary Engineering for the
Reconstruction of Douglas Drive (CSAH 102); Authorizing the Commissioner of
Transportation to Accept Federal Funds on City's Behalf
Prepared By
Jeannine Clancy, Director of Public Works
Ron Nims, Public Works Project Coordinator
Summary
Earlier this year, the City was notified that it was selected to receive a $1,050,000 grant
through the federal Non-Motorized Transportation Program (NMTP) for improvements on
Douglas Drive (CSAH 102) from TH 55 to Medicine Lake Road (CSAH 70) that will include
renovation/construction of pedestrian and bike facilities through the corridor.
On January 5,2010 the Council authorized the Mayor to request that Hennepin County
include the reconstruction of Douglas Drive in the county capital improvement program for
year 2016.
Before proceeding with the preliminary design, the City must enter into a Federal
Participation in Preliminary Engineering agreement to have MnDOT act as the City's agent to
receive the federal funding provided by the NMTP. A copy of the agreement is attached for
Council consideration. The Council must pass a resolution approving the agreement and
designating the Minnesota Commissioner of Transportation as the City's agent for accepting
the federal aid funds.
Preliminary Design will include the preliminary project layout, development of environmental
documentation, identification of potential right of way/easement requirements. Funds
remaining after preliminary design is complete are planned to be utilized for right of
way/easement acquisition.
Attachments
Resolution Authorizing Agreement for Federal Participation in Preliminary Engineering for
S.P. 128-091-03; NMTP 2710(269), Douglas Drive (CSAH 102) between TH 55 and Medicine
Lake Road (CSAH 70), and Appointing the Minnesota Commissioner of Transportation as the
City's Agent for Accepting Federal Funds on City's behalf (1 page)
State of Minnesota Agency Agreement between Department of Transportation and City of
Golden Valley for Federal Participation in Preliminary Engineering for S.P. 128-091-03; M.P.
NMTP 2710(269) (9 pages)
Recommended Action
Motion to adopt Resolution Authorizing Agreement for Federal Participation in Preliminary
Engineering for S.P. 128-091-03; NMTP 2710(269), Douglas Drive (CSAH 102) between TH
55 and Medicine Lake Road (CSAH 70), and Appointing the Minnesota Commissioner of
Transportation as the City's Agent for Accepting Federal Funds on City's behalf.
Resolution 10-40
July 20, 2010
Member
introduced the following resolution and moved its adoption:
RESOLUTION AUTHORIZING AGREEMENT WITH MnDOT DESIGNATING MnDOT
AS THE CITY OF GOLDEN VALLEY'S AGENT FOR FEDERAL PARTICIPATION IN
PRELIMINARY ENGINEERING FOR THE RECONSTRUCTION OF DOUGLAS DRIVE
(CSAH 102); AUTHORIZING THE COMMISSIONER OF TRANSPORTATION TO
ACCEPT FEDERAL FUNDS ON CITY'S BEHALF
BE IT RESOLVED, that pursuant to Minnesota Statutes Section 161.36, the Commissioner
of Transportation be appointed as Agent of the City of Golden Valley to accept as its agent,
federal aid funds which may be made available for eligible transportation related projects.
BE IT FURTHER RESOLVED, Linda R. Loomis, Mayor of the City of Golden Valley and
Susan Virnig, City Clerk, are hereby authorized and directed for and on behalf of the City to
execute and enter into an agreement with the Commissioner of Transportation prescribing
the terms and conditions of said federal aid participation as set forth and contained in
"Minnesota Department of Transportation Agency Agreement No. 97260," a copy of which
said agreement was before the City Council and which is made a part hereof by reference.
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.
MnlDOT Agreement No. 97260
STATE OF MINNESOTA AGENCY AGREEMENT
BETWEEN
DEPARTMENT OF TRANSPORTATION
AND
CITY OF GOLDEN VALLEY
FOR FEDERAL P ARTICIP A TION IN PRELIMINARY ENGINEERING
FOR
S.P. 128-091-03; M.P. NMTP 2710(269)
This agreement is entered into by and between City of Golden Valley ("City") and the
State of Minnesota acting through its Commissioner of Transportation ("MnlDOT"),
Pursuant to Minnesota Statutes Section 161.36, the City desires MnlDOT to act as the
City's agent in accepting federal funds on the City's behalf for the construction, improvement, or
enhancement of transportation fmanced either in whole or in part by federal funds, hereinafter
referred to as the "Project"; and
The City is proposing a federal aid project to develop design documents and obtain
environmental clearance for the Douglas Drive rehabilitation project., hereinafter referred to as
the "Preliminary Engineering;" and
The Preliminary Engineering is eligible for the expenditure of federal aid funds, and is
identified in MnlDOT records as State Project 128-091-03, and in Federal Highway
Administration ("FHW N') records as Minnesota Project NMTP 2710(269); and
Mn/DOT requires that the terms and conditions of this agency be set forth in an
agreement.
THE PARTIES AGREE AS FOLLOWS:
1. DUTIES OF THE CITY.
A. DESIGNATION. The City designates Mn/DOT to act as its agent in accepting
federal funds in its behalf made available for the Project.
B. ELIGffiILITY I COSTS. The estimated cost of the Preliminary Engineering is
$375,000.
1. It is anticipated that 100% (up to $ 375,000) of the cost of the Preliminary
Engineering is to be paid from federal funds made available by the FHW A. The
(Mn/DOT Agreement No. 97260)
Page 1
City will pay any part of the cost or expense of the work that the FHW A does not
pay.
2. Any costs incurred by the City prior to authorization of the Federal Funds, will
not be eligible for federal participation.
3. Eligible cost and expense, if approved, may consist of the following:
a) The cost of developing a layout, obtaining municipal approval and
environmental approval. Development of right of way maps needed for
proposed construction.
b) The direct labor charges for City employees for the time that said employees
are performing work pursuant to this agreement must be documented in a
Public Interest Finding and approved by the FHW A. Said labor charges may
include the prorata share of "labor additives" applicable to said labor charges.
Costs to the City of "labor additives" consisting of holiday pay, vacation, sick
leave, retirement, pension, unemployment taxes, compensation and liability
insurance, lost time charges and similar costs incidental to labor employment
will be reimbursed only when supported by adequate records.
c) The applicable equipment rental charges for City owned equipment used by
the City and mileage charges for employee owned vehicles used by the City
on work performed pursuant to this agreement, at rates reflective of the City
actual cost.
d) Expenditures for materials, supplies, mechanical data processing and
equipment rental, limited to the actual expenditures for the purposes of this
agreement.
e) The cost incurred by the City to employ outside forces to perform any or all of
the work pursuant to this agreement, subject to the provisions of section J.D.
SUBLETTING.
4. Expenditures for general administration, supervISIOn, maintenance and other
overhead or incidental expenses of the City are not eligible for federal
participation.
5. Acceptability of costs under this agreement will be determined in accordance with
the cost principles and procedures set forth in the applicable Federal Acquisition
Regulations, Contract Cost Principals and Procedures, 48 Code of Federal
Regulations (CFR) 31 which is hereby incorporated by reference and made a part
of this agreement.
6. For costs expected to exceed $ 375,000, the City must request the preparation and
execution of a supplement to this agreement, prior to incurring such costs.
(Mn!DOT Agreement No. 97260)
Page 2
C. STAFFING.
1. The City will designate a publicly employed registered engineer, ("Project
Engineer"), to be in responsible charge of the Project and to supervise and direct
the work performed under any contract let for the Project. If City elects to use a
private consultant for engineering services, the City will provide a qualified, full-
time public employee of the City, to be in responsible charge of the Project. The
services of the City to be performed pursuant to this agreement may not be
assigned, sublet, or transferred unless the City is notified in writing by Mn/DOT
that such action is permitted under 23 CFR 1.33 and 23 CFR 635.105 and state
law. 1bis written consent will in no way relieve the City from its primary
responsibility for performance of the work.
2. During the progress of the work on the Project, the City authorizes its Project
Engineer to request in writing specific engineering and/or technical services from
Mn/DOT, pursuant to Minnesota Statutes Section 161.39. Such services may be
covered by other technical service agreements. If Mn/DOT furnishes the services
requested, and if Mn/DOT requests reimbursement, then the City will promptly
pay Mn/DOT to reimburse the state trunk highway fund for the full cost and
expense of furnishing such services. The costs and expenses will include the
current MnlDOT labor additives and overhead rates, subject to adjustment based
on actual direct costs that have been verified by audit. Provision of such services
will not be deemed to make Mn/DOT a principal or co-principal with respect to
the Project.
3. The City will furnish the personnel, services, supplies, and equipment necessary
to properly supervise, inspect, and document the work for the Project.
D. SUBLETTING. The City will prepare request for proposals in accordance with
Minnesota law and applicable Federal laws and regulations.
1. The City will solicit proposals for Preliminary Engineering after obtaining written
notification from Mn/DOT that the FHW A has authorized the Project. Any
Project advertised prior to authorization will not be eligible for federal
reimbursement.
2. The City will prepare the request for proposal, which will include all of the
federal-aid provisions supplied by Mn/DOT.
3. The City will prepare and publish the proposals solicitation for the Project as
required by state and federal laws. The City will include in the solicitation the
required language for federal-aid contracts as supplied by Mn/DOT. The
solicitation will state where the City will receive the sealed proposals.
4. The City may not include other work in the contract for the authorized Project
without obtaining prior notification from MnlDOT that such work is allowed by
FHW A. Failure to obtain such notification may result in the loss of some or all of
the federal funds for the Project.
(MnJDOT Agreement No. 97260)
Page 3
5. The City will prepare proposal packages and prepare and distribute any
addendums, if needed.
6. The City will receive open, and evaluate proposals.
7. After the proposals are opened, the City will consider the proposals begin
negotiations on the price of the Preliminary Engineering in accordance with the
practice commonly known as Quality Based Selection. If the proposal contains a
goal for Disadvantaged Business Enterprises, the City will not award the bid until
it has received certification of the Disadvantaged Business Enterprise
participation from the MnlDOT Equal Employment Opportunity Office.
8. This written consent will in no way relieve the City from its primary
responsibility for performance of the work. Subcontractor agreements must
contain all appropriate terms and conditions of this agreement.
E. CONTRACT ADMINISTRATION.
1. The City will request approval from MnlDOT for all costs in excess of the amount
of federal funds previously approved for the Project prior to incurring such costs.
Failure to obtain such approval may result in such costs being disallowed for
reimbursement.
2. The City will prepare reports, keep records, and perform work so as to enable
Mn/DOT to collect the federal aid sought by the City. The City will retain all
records and reports in accordance with MnlDOT's record retention schedule for
federal aid projects.
3. Upon completion of the Project, the Project Engineer will determine whether the
work will be accepted.
F. PA~E}ffS.
1. The entire cost of the Project is to be paid from federal funds made available by
the FHW A and by other funds provided by the City. The City will pay any part of
the cost or expense of the Project that is not paid by federal funds.
2. The City may request partial payments not more than once each thirty (30) days.
The Project Engineer will certify each partial payment.
3. The invoice and supplements thereto, will contain all details that may be
necessary for a proper audit. Such details will consist of at least the following:
(a) A breakdown of labor by individual, classification, dates and hours
worked times the applicable rate to arrive at a total dollar amount
for each individual.
(b) The labor additive shall be applied to total labor dollars.
(Mn/DOT Agreement No. 97260)
Page 4
C c) The equipment charges shall be broken down by type of equipment
times the applicable rate and dates used to arrive at total equipment
charges.
(d) A detailed breakdown of outside services used and supporting
invoices and documentation that costs of outside services have
been paid.
(e) Detail for materials, supplies, and other items with the description,
units, and unit prices included in the invoice. If materials or
supplies are purchased from an outside source, a copy of that
invoice should be included.
Cf) The invoices will include 100% of eligible charges applicable to
the Preliminary Engineering so that the prorata share of federal and
City participation can be applied to the total costs.
4. Following certification of the final estimate, the City may request reimbursement
for costs eligible for federal funds. The City's request will be made to MnlDOT
and will include a copy of the certified final estimate along with the required
records.
5. Reimbursement of costs under this agreement will be based on actual costs.
G. LIMITATIONS.
1. The City will comply with all applicable Federal, State, and local laws,
ordinances, and regulations.
2. Nondiscrimination. It is the policy of the FHW A and the State of Minnesota that
no person in the United States will, on the grounds of race, color, or national
origin, be excluded from participation in, be denied the benefits of, or be
subjected to discrimination under any program or activity receiving Federal
financial assistance (42 V.S.C. 2000d). Through expansion of the mandate for
nondiscrimination in Title VI and through parallel legislation, the proscribed
bases of discrimination include race, color, sex, national origin, age, and
disability. In addition, the Title VI program has been extended to cover all
programs, activities and services of an entity receiving Federal financial
assistance, whether such programs and activities are Federally assisted or not.
Even in the absence of prior discriminatory practice or usage, a recipient in
administering a program or activity to which this part applies, is expected to take
affirmative action to assure that no person is excluded from participation in, or is
denied the benefits of, the program or activity on the grounds of race, color,
national origin, sex, age, or disability. It is the responsibility of the City to carry
out the above requirements.
3. Workers' Compensation. Any and all employees of the City or other persons
while engaged in the performance of any work or services required or permitted
by the City under this agreement will not be considered employees of MnlDOT,
(Mn/DOT Agreement No. 97260)
Page 5
and any and all claims that may arise under the Workers' Compensation Act of
Minnesota on behalf of said employees, or other persons while so engaged, will in
no way be the obligation or responsibility of MnlDOT. The City will require
proof of Workers' Compensation Insurance from any contractor and sub-
contractor.
H. AUDIT.
1. The City will comply with the Single Audit Act of 1984 and Office of
Management and Budget (OMB) circular A-133 including amendments and
successors thereto, which are incorporated herein by reference.
2. As provided under Minnesota Statutes Section 16C.05, subdivision 5, all books,
records, documents, and accounting procedures and practices of the City are
subject to examination by the United States Government, MnlDOT, and either the
Legislative Auditor or the State Auditor as appropriate, for a minimum of six
years. The City will be responsible for any costs associated with the performance
of the audit.
I. MAINTENANCE. The City assumes full responsibility for the operation and
maintenance of any facility constructed or improved under this Agreement.
1. CLAIMS. The City acknowledges that Mn/DOT is acting only as the City's agent
for acceptance and disbursement of federal funds, and not as a principal or co-
principal with respect to the Project. The City will pay any and all lawful claims
arising out of or incidental to the Project including, without limitation, claims
related to contractor selection (including the solicitation, evaluation, and
acceptance or rejection of bids or proposals), acts or omissions in performing the
Project work, and any ultra vires acts. The City will indemnify, defend (to the
extent permitted by the Minnesota Attorney General), and hold Mn/DOT
harmless from any claims or costs arising out of or incidental to the Project,
including reasonable attorney fees incurred by MnlDOT. The City's
indemnification obligation extends to any l:lctions related to the certification of
DBE participation, even if such actions are recommended by Mn/DOT.
II. DUTIES OF Mn/DOT.
A. ACCEPTANCE. Mn/DOT accepts designation as Agent of the City for the
receipt and disbursement of federal funds and will act in accordance herewith.
B. PROmCT ACTIVITIES.
1. Mn/DOT will make the necessary requests to the FHW A for authorization to use
federal funds for the Project, and for reimbursement of eligible costs pursuant to
the terms of this agreement.
2. Mn/DOT will provide to the City copies of the required Federal-aid clauses to be
included in the proposal solicitation and will provide the required Federal-aid
provisions to be included in the Proposal.
(Mn/nOT Agreement No. 97260)
Page 6
3. Mn/DOT will review and certify the DBE participation and notify the City when
certification is complete. If certification ofDBE participation cannot be obtained,
then the City must decide whether to proceed with awarding the contract. Failure
to obtain such certification will result in the project becoming ineligible for
federal assistance, and the City must make up any shortfall.
C. PAYMENTS.
1. Mn/DOT will receive the federal funds paid by the FHWA for the Project,
pursuant to Minnesota Statutes S 161.36, Subdivision 2.
2. Mn/DOT will review and certify each partial pay request. Following certification
of the partial estimate, MnlDOT will reimburse the City, from said federal funds
made available to the Project, for each partial payment request, subject to the
availability and limits of those funds.
3. Upon completion of the Project, the City will prepare a final payment request in
accordance with the terms of this agreement. Mn/DOT wiil review and certify the
final payment request with a final audit.
4. No more than 90% of the reimbursement due under this agreement will be paid
until completion of the final audit and approval by MnlDOT's authorized
representative.
5. If Mn/DOT does not obtain funding from the FHW A or other funding source, or
funding cannot be continued at a sufficient level to allow for the processing of the
federal aid reimbursement requests, the City may continue the work with local
funds only, until such time as Mn/DOT is able to process the federal aid
reimbursement requests.
D. AUTHORITY. Mn/DOT may withhold federal funds, if Mn/DOT or the FHWA
determines that the Project was not cOlI!pleted in compliance with federal
requirements.
E. INSPECTION. Mn/DOT, the FHW A, or duly authorized representatives of the
state and federal government will have the right to audit, evaluate and monitor the
work performed under this agreement. The City will make available all books,
records, and documents pertaining to the work hereunder, for a minimum of seven
years following the closing of the construction contract.
III. AUTHORIZED REPRESENTATIVES. Each authorized representative will have
responsibility to administer this agreement and to ensure that all payments due to the
other party are paid pursuant to the terms of this agreement.
A. The City authorized representative is Jeannine Clancy, Golden Valley Director of
Public Works. 7800 Golden Valley Road, Golden Valley, MN 55427, or her
successor.
(Mn!DOT Agreement No. 97260)
Page 7
B. MnlDOT's authorized representative is Lynnette Roshell, Minnesota Department
of Transportation, State Aid for Local Transportation, 395 John Ireland
Boulevard, Mail Stop 500, St Paul, MN 55155, phone 651-366-3822, or her
successor.
IV. TORT LIABILITY. Each party is responsible for its own acts and omissions and the
results thereof to the extent authorized by law and will not be responsible for the acts and
omissions of any others and the results thereof. The Minnesota Tort Claims Act,
Minnesota Statutes Section 3.736, governs MnlDOT liability.
V. ASSIGNMENT. Neither party will assign or transfer any rights or obligations under this
agreement without prior written approval of the other party.
VI. AMENDMENTS. Any amendments/supplements to this Agreement must be in writing
and be executed by the same parties who executed the original agreement, or their
successors in office. .
VII. TERM OF AGREEMENT. This agreement will be effective upon execution by the City
and by appropriate State officials, pursuant to Minnesota Statutes Section 16C.05, and
will remain in effect for five (5) years from the effective date or until all obligations set
forth in this agreement have been satisfactorily fulfilled, whichever occurs first.
VIII. TERMINATION. This agreement may be terminated by the City or MnlDOT at any
time, with or without cause, upon ninety (90) days written notice to the other party. Such
termination will not remove any unfulfilled financial obligations of the City as set forth in
this Agreement. In the event of such a termination the City will be entitled to
reimbursement for MnlDOT -approved federally eligible expenses incurred for work
satisfactorily performed on the Project to the date of termination subject to the terms of
this agreement.
(1m/DOT Agreement No. 97260)
Page 8
IN WITNESS WHEREOF, the parties have caused this Agreement to be duly exe~uted intending
to be bound thereby.
CITY
DEPARTMENT OF TRANSPORT A nON
City certifies that the appropriate person(s)
have executed the contract on its behalf as required by
applicable resolutions, ordinances, or charter
provisions
By:
Title: Director.
State Aid for Local Transportation
By:
Date:
Date:
COMMISSIONER OF ADMINISTRA nON
Title:
By:
Date:
By:
Date:
Title:
(Mn/DOT Agreement No. 97260)
Page 9
Public ~U~Y
Mem ndu
Police Department
763-593-8079 I 763-593-8098 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
July 20,2010
Agenda Item
3. H. Authorization to Sign Agreement with Chestnut & Cambronne, P.A. for Prosecution
Services
Prepared By
Stacy A. Altonen, Chief of Police
Summary
The City's legal services agreement with Chestnut & Cambronne, P.A. for prosecution
services will expire on December 31,2010. A new agreement covering the 4 year period
beginning January 1,2011 and terminating December 31,2014 has been negotiated. The
service terms and conditions for criminal prosecution work and property forfeitures related to
criminal cases remains the same as the existing agreement. The financial terms of the new
agreement call for an hourly rate of $110 in 2011 and 2012, and $125 in 2013 and 2014, plus
expenses. he annual fee cap is set at $136,000 in 2011, $145,000 in 2012, $151,000 in 2013
and $157,000 in 2014, annually plus costs.
The City Council is asked to authorize the Mayor and City Manager to enter into a Legal
Services Agreement with Chestnut & Cambronne, P.A. for prosecution services for the period
January 1,2011 through December 31, 2014.
Attachments
Legal Services Agreement (2 pages)
Recommended Action
Motion to authorize the Mayor and City Manager to execute a Legal Services Agreement with
Chestnut & Cambronne, P.A. for prosecution services for the period January 1, 2011 through
December 31,2014.
LEGAL SERVICES AGREEMENT
THIS AGREEMENT, made and entered into this _ day of June, 2010, by
and between the City of Golden Valley, a Minnesota municipal corporation,
hereinafter referred to as "Golden Valley" and Chestnut Cambronne, PA,
hereinafter referred to as "Prosecuting Attorney".
WHEREAS, the parties hereto desire to enter into an Agreement regarding
prosecution services;
NOW THEREFORE, in consideration of the mutual promises of the parties,
Golden Valley and Prosecuting Attorney hereby agree:
1. Golden Valley hereby retains said Prosecuting Attorney to perform all of
the criminal prosecution work and property forfeitures related thereto, for
Golden Valley, and said Prosecuting Attorney agrees to do so under all
terms and conditions set forth herein.
2. For said services, Golden Valley agrees to pay Prosecuting Attorney at the
rate of One Hundred Ten and NO/l00 Dollars ($110.00) per hour plus
costs, such payment to be on a monthly basis as billed. Notwithstanding,
attorney fees charged to Golden Valley in the year 2011 shall not exceed
One Hundred Thirty-Six Thousand and NO/l00 Dollars ($136,000.00),
annually plus costs. Attorney fees charged to Golden Valley in the year
2012 shall not exceed One Hundred Forty-Five Thousand and NO/l00
Dollars ($145,000.00), annually plus costs.
Commencing January 1, 2013 the Prosecuting Attorney's hourly rate shall
increase to One Hundred Twenty-Five and NO/l00 Dollars ($125.00) per
hour plus costs. Attorneys fees charged to Golden Valley in the year 2013
shall not exceed One Hundred Fifty-One Thousand and NO/l00 Dollars
($151,000.00). Attorney fees charged to Golden Valley in the year 2014
shall not exceed One Hundred Fifty-Seven Thousand and NO/l00 Dollars
($157,000.00).
3. During the term of the agreement, in the event there are changes in law
or court procedures that require the expenditure of significant time and/or
services not currently contemplated by the parties, Golden Valley and
Prosecuting Attorney agree to negotiate additional or other terms
acceptable to the parties.
4. The term of this contract shall be for four (4) years commencing
January 1, 2011, and terminating December 31, 2014.
IN WITNESS WHEREOF, the parties have, on the date first above-written,
executed this Agreement in duplicate, each of which shall be considered an
original.
THE CITY OF GOLDEN VALLEY
CHESTNUT CAMBRONNE, PA
-<
Its Mayor
Francis J. Ron onl
Its City Manager
alley
M mo nd
City Administration/Council
763-593-8003/763-593-8109 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
July 20, 2010
Agenda Item
3. I. Authorization to Sign Service Agreements with YMCA
Prepared By
Thomas Burt, City Manager
Summary
The City has a long history of using the services of Home Free. This service has in the past
been paid for with pull-tab receipts that the Human Services Foundation distributes to a
number of non-profit agencies that serve Golden Valley. Beginning in 2008 payment for this
agreement was moved to the General Fund.
Attachments
Services Agreement with YMCA of Metropolitan Minneapolis, Northwest Branch (6 pages)
Recommended Action
Motion to authorize the City Manager to sign the service agreement with YMCA of
Metropolitan Minneapolis, Northwest Branch.
CITY OF GOLDEN VALLEY
SERVICES AGREEMENT
This Agreement ("Agreement") is made on the 21st day of July, 2010, by and
between the CITY OF GOLDEN VALLEY ("City"), whose business address is 7800
Golden Valley Road, Golden Valley, Minnesota 55427, and YMCA OF METROPOLITAN
MINNEAPOLIS, NORTHWEST BRANCH ("Provider"), a Minnesota corporation whose
address is, 7601 42nd Avenue North; New Hope, Minnesota 55427.
The Provider is a non-profit organization that has served youth and families in the
City for nearly three decades. The Provider's programs and services are unique and are
not available through any other local organization. The Provider employs 52 full-time
and 225 part-time paid staff, has 31 board members and utilizes the services of
approximately 400 volunteers.
The City wishes to contract with the Provider to provide community services in
the City. The parties wish to set forth in writing the terms and conditions of their
ag reement.
The City and Provider agree as follows:
1. SCOPE OF SERVICES
The Provider shall provide the services as outlined in the attached Exhibit A and
made part hereof.
2. PAYMENT
The City agrees to pay the Provider $10,000 to assist the Provider in providing
the services outlined on the attached Exhibit A.
3. TERM AND TERMINATION
The term of this Agreement shall be from January 1, 2010, through December
31,2010. This Agreement may be terminated at anytime by either party upon sixty (60)
days advance written notice. The City may terminate this Agreement immediately
without notice should Provider (i) fail to provide the Services in accordance with this
Agreement; or (ii) violate any ordinance or regulation of the City of Golden Valley or any
state law or regulation. Extensions of this Agreement may be made by the written
agreement of both parties. The City and Provider shall meet annually each November to
discuss this Agreement and evaluate the Services provided hereunder.
4. NON-ASSIGNMENT
Provider may not assign, subcontract, transfer, or pledge this Agreement and/or
the services to be performed under it, whether in whole or in part, without the prior
consent of the City.
5. DISCRIMINATION
The Provider agrees not to discriminate in providing services under this
Agreement on the basis of race, sex, creed, national origin, age or religion.
6. INDEMNITY
The Provider agrees to hold harmless, indemnify and defend the City, their
elected officials, officers, agents, and employees against any and all claims, losses, or
damages, including attorneys' fees, arising from, allegedly arising from, or related to,
the provision of services under this agreement by the Provider, its employees, agents,
officers, or volunteer workers.
7. INDEPENDENT CONTRACTOR
Nothing in this agreement is intended, nor may be construed, to create the
relationship of partners or employer/employee between the parties. The Provider, its
officers, agents, employees, and volunteers are, and will remain for all purposes and
services under this agreement, independent contractors.
8. WAIVER
Any waiver by either party of a breach of any provisions of this Agreement
shall not affect, in any respect, the validity of the remainder of this Agreement.
9. AUTHORIZED AGENTS
The City's authorized agent for the purpose of administration of this Agreement
is:
Thomas D. Burt, City Manager
City of Golden Valley
7800 Golden Valley Road
Golden Valley, Minnesota 55427
763-593-8003
The Contractor's authorized Agent is:
Naomi Chambers Taylor, Executive Director
Northwest Branch YMCA
7601 42nd Avenue North
New Hope, Minnesota 55427
763-592-5541
10. NOTICES
Any notices given under this Agreement will be served upon the other party's
authorized agent either personally or by mail at the addresses stated herein.
11. ENTIRE AGREEMENT
The Agreement contains the entire agreement of the parties with respect to
the subject matter herein and supersedes all oral agreements and negotiations
between the parties, as well as any previous agreements presently in effect between
the parties relating to the subject matter hereof. Any alterations, amendments,
deletions, or waivers of the provisions of this Agreement shall be valid only when
expressed in writing and duly signed by the parties, unless otherwise provided
herein.
Executed as of the day and year first above written,
CITY OF GOLDEN VALLEY (the "City")
YMCA OF METROPOLITAN MINNEAPOLIS,
NORTHWEST BRANCH ("Provider")
Thomas D. Burt, City Manager
Naomi Chambers Taylor, Executive Director
EXHIBIT A
Services provided by Provider (the "Services")
1. The Provider will provide comprehensive services through its Youth Development
Program that combine prevention, intervention, and integration services
customized to the individual needs of the City's youth, families and schools.
2. Through the Youth Development Program, the Provider will assist high-risk and
at-risk youth in resolving the underlying issues and conditions that lead to
destructive behaviors.
3. Through the Youth Development Program, the Provider will utilize methods
aimed at preventing future problems and integrating youth into positive peer
groups and supportive environments.
4. Through the Youth Development Program, the Provider will communicate and
connect with the City's youth and families.
5. Through the Youth Development Program, the Provider will build long-term
relationships between youth and positive, caring adults and peers.
6. Through the Youth Development Program, the Provider will assist youth in
building personal character including a focus upon the values of Respect,
Responsibility, Caring and Honesty.
7. In addition to the Youth Development Program, the Provider will offer a variety of
other cultural, social, recreational, prevention and intervention programs that aim
to reduce juvenile delinquency and recidivism by holding a young person
accountable for his/her actions.
8. The Provider also offers the following services to youth and their families: one-to-
one support; academic assistance; individual, group and family support services
and advocacy; independent living skills training; truancy support and services;
behavior modification groups; recreation and social activities; restitution;
community service and service learning opportunities; mental health, medical
and/or dental advocacy and services; cultural programs and activities; after-
school programs, leadership programs, chemical use and abuse referral;
parenting education; community connections and referral.
9. The Provider will provide intervention at the City's schools upon request.
10. The Provider will provide a runaway and homeless youth program in the
northwest metro area including 24-hour crisis intervention; short-term emergency
shelter; family reunification; transitional housing and support services.
11. The Provider will conduct group and individual support at elementary, middle and
high schools on issues including anger and stress management; grief and loss;
chemical abuse and chemical dependency in the family; conflict resolution; self-
esteem; friendship and relationship development; truancy support; school
success and independent-living skills.
12.Additionally, the Provider will provide the following services:
. Truancy Program: A collaborative effort between police, schools and the YMCA
that brings together parents and children who are experiencing difficulty with
school attendance to set individual goals for improved school participation. Court
and criminal proceedings can be diverted by successful completion of this
program. YMCA employees assist with leading Truancy seminars as well as
working with local police and schools to help youth and families understand the
truancy process.
. Y's Start: A program with three main components - service, education and
recreation. Y's Start makes it possible for youth ages 11-14 to realize their
potential, develop skills and utilize their talents for the greater benefit of the
community.
. Youth-In-Government A leadership development program for 7th-12th grade
youth. The program stresses experiential learning and is an excellent forum for
students to explore the concerns, opportunities and diverse perspectives that
touch our world. Moreover, it builds character while developing leadership skills
and promotes youth becoming responsible, active citizens.
. YMCA & Golden Valley Police - Kids and Cops: The purpose of Kids and Cops is
to foster positive relationships between middle school youth and police officers
while offering safe and engaging after-school activities for those who are typically
most at risk of being left alone after school, which is a peak time for youth to
enter into destructive behavior.
. Leaders Club: This group encourages teens to develop strong service and
leadership traits by providing hands-on opportunities to grow and meet new
people. Service, group and individual interaction and regional conferences are
emphasized. Youth also have the opportunity to attend a week long Central
Leaders School where they are immersed in Leadership training and how to
bring their skills back to their individual clubs. Last year, nearly 30 youth
participated in the Leaders Club at Sandburg Middle School.
. Multi-Cultural Achievers: Support and leadership opportunities for high school
students of African descent and their friends. Youth are exposed to a variety of
career opportunities, college options, participate in and value community service
projects this program is run on an association level in area schools.
. YMCA Summer Power: YMCA Summer Power offers youth an alternative to
traditional day care when school is out. K-6th graders are introduced to a variety
of activities including arts and crafts, gym games, swimming and field trips.
Experienced staff provide leadership and guidance designed around the core
values of Honesty, Caring, Respect and Responsibility. Special "School Release
Day Programs" are offered during school breaks.
. YMCA Uproar: This summer program for 7th to 9th grade students allows Middle
School youth an opportunity to be in fun, safe, environment through the summer
months. Youth have the opportunity to explore the metro area through field trips,
develop leadership skills through service learning, and develop as individuals
through character development activities, academic exploration, and positive
relationships with the staff.
. NYPUM (National Youth Project Using Minibikes): This program allows youth a
chance to learn about and ride minibikes as a reward for achieving positive
goals. Youth complete weekly goal plans that develop self-esteem, enhance
values and provide a sense of belonging. Each participant attends a minimum
ten-week program, riding half-days at Camp Manitou. Transportation is provided.
Upon completion, the youth perform for their family and the community.
. Equestrian Program: This program uses horses as a reward for achieving
positive goals. Youth complete weekly goal plans that develop self-esteem,
enhance values and provide a sense of belonging. Each participant attends a
minimum ten-week program, riding half-days at Camp Manitou.
. SUCCESS: Each day youth from District 281 middle schools are bussed over to
the YMCA to participate in the SUCCESS program (Student Undertaking
Character Consciousness while Excelling in School and Social Skills). The
program is designed to appeal to a wide array of youth and help develop
friendships, strengthen academics, foster a sense of belonging and
connectedness, and provide a safe place to go after school.
. YMCA-Hennepin County Library After School Programming: Academic and
recreation-based programming for elementary school students, meeting weekly
in collaboration with Golden Valley Police and Fire Departments.
Hey
em randum
Planning
763-593-8095/763-593-8109 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
July 20, 2010
Agenda Item
4. A. Public Hearing - Ordinance #442, Adding a New Section 11.47: Wind Energy Conversion
Systems
Prepared By
Joe Hogeboom, City Planner
Summary
Harnessing wind energy has become increasingly prevalent throughout the Midwestern
United States. Local governments in the Twin Cities, such as the City of Minneapolis and
Anoka County, have recently established regulations that address Wind Energy Conversion
Systems (WECS.) WECS, known also as wind turbines or windmills, are the devices used to
harness wind energy.
The proposed regulations limit the location of Wind Energy Conversion Systems to parcels
that are appropriate in land use. Additionally, the proposed regulations address the aesthetics
and safety ofWECS. The proposed language states that all WECS devices require
Conditional Use Permits (CUPs.) Obtaining a CUP, which is done through a public hearing
process, would ensure that proper controls are placed on WECS.
The internal 'Green Team,' the Environmental Commission, and the Planning Commission
have reviewed the regulations and recommend them for approval.
Attachments
Planning Commission Minutes dated June 28, 2010 (2 pages)
Proposed Section 11.74 with Planning Commission Recommendations (5 pages)
Ordinance #442, Adding a New Section 11.47: Wind Energy Conversion Systems (5 pages)
Recommended Action
Motion to adopt Ordinance #442, Adding a New Section 11.47: Wind Energy Conversion
Systems.
Minutes of the Golden Valley Planning Commission
June 28, 2010
Page 5
aldhauser questioned what would happ if someone installed a solar panel and a
net bor planted trees to screen it. Hoge om explained that the City wouldn't get
involv in a case like that and added the ity Attorney has said cities are allowed to
place con Is on solar panels, they just c n't ban them or deny somebody access to
solar energy.
Keysser asked abo how a solar panel 0 a roof would affect the hei " a structure.
Grimes said a solar pa on a roof would ot be considered part e structure.
he public hearing. Seein
d the public hearing.
d that the word "for" should be
Cera questioned the possibili
Waldhauser asked about the rational e
separation. Hogeboom said the separati
of the Zoning Code and is required for s
Eck referred to the proposed new.
changed to the word "as".
Keysser asked if there d uld be languag ,regarding solar t mal devices as well.
Schmidgall noted th olar thermal devic would never be pia on a pole.
MO\l by McCarty, seconded by Waldh ser and motion carried unanimously to
r mend approval of the proposed Ian age regarding photovoltaic modules with the
rrection noted by Commissioner Eck.
5. Informal Public Hearing - Zoning Code Amendment - Establish Regulations for
Wind Energy Conversion Systems - ZOOO-85
Applicant: City of Golden Valley
Purpose: To add regulations in the Zoning Code regarding Wind Energy Conversion
Systems.
Hogeboom stated that this proposed ordinance came from discussions with the City's
Green Team and has been reviewed by the City Council and the Environmental
Commission. He referred to a PowerPoint presentation and explained that most windmills
and wind turbines are more appropriate in rural areas or open spaces so this ordinance
will prohibit any wind energy conversion systems in the residential zoning districts. He
explained that the ordinance will require a Conditional Use Permit for installation of a wind
energy conversion system and will limit them to parcels that are over one acre in size.
The ordinance also regulates the color and material used for wind energy conversion
systems. He added that regular setback rules apply, they must comply with regulations
established by local utility companies and may not be used for advertising.
Minutes of the Golden Valley Planning Commission
June 28,2010
Page 6
Keysser asked if the City envisions any type of rooftop system being used in the R-4
zoning district. Schmidgall said he didn't think that application would be technically
practical because they would need a lot of support. McCarty said he thinks regulations for
the residential zoning districts should be addressed. Grimes stated that in conversations
he's had with industry professionals he's learned the a wind energy conversion system
would have to be at least 30 feet above the tree canopy so it is not going to be practical in
the residential zoning districts. He added that the City Council has also said they don't
want to see these types of systems on residential properties.
Keysser opened the public hearing. Seeing and hearing no one wishing to comment,
Keysser closed the public hearing.
Kluchka asked if the City Council will be encouraging the use of wind energy conversion
systems. Hogeboom said he thinks if a system makes economic sense for a property
owner the issues will take care of themselves. He said isn't sure if the Council is
interested in offering economic assistance.
McCarty referred to section 3(A)(1) regarding height and asked if it is referring to the
overall height of the entire system or just the pole. Hogeboom said he would clarify the
language but that it means the entire height of the system, from the base to the top of the
blade.
McCarty referred to section 3(A)(4) which states that mounted wind energy conversion
systems shall be placed no lower than the primary roof line and asked for clarification.
Hogeboom stated that refers to not allowing systems to be placed on the side of a
building.
McCarty referred to section 3(A)(6) regarding obtaining a building permit to install a wind
energy conversion system and asked if the permit would require proof of structural
capability. Hogeboom stated that part of the building permit process includes proving
structural integrity.
McCarty referred to section 3(8)(3) regarding the minimum distance between the ground
and the vertical length of any extensions and suggested the word "distance" be changed
to the word "clearance".
McCarty referred to subdivision 5 and suggested that the second sentence be changed to
say "the standards" apply instead of "they" apply.
McCarty referred to subdivision 5(0)(3) and suggested the second sentence read as
follows: The base of the wind energy conversion system shall maintain a minimum
distance from public right-of-way equal to the vertical height of the system plus 10 feet.
Grimes stated that the first sentence could probably be removed.
MOVED by Waldhauser, seconded by Cera and motion carried unanimously to
recommend approval of the proposed new language regarding wind energy conversion
systems with the corrections noted by Commissioner McCarty.
9 11.74
Proposed language with Planning Commission recommended
changes.
Section 11.74: Wind Energy Conversion Systems
Subdivision 1. Purpose
The purpose of this ordinance is to allow for and regulate the location, placement,
design, and maintenance of wind energy conversion systems, which are not
otherwise subject to siting and oversight by the State of Minnesota, to ensure such
facilities are appropriately located and are used in a safe and effective manner.
Subdivision 2. Definitions
A. Height: The height of a freestanding wind energy conversion system shall be
measured as the distance from ground level to the highest point on the wind
energy conversion system, including the vertical length of any extensions
including without limitation the rotor blade at its highest point in rotation.
The height of a building mounted wind energy conversion system shall be
measured as the distance from the point where the base of the system is
attached to the building or to the lowest point on the wind energy conversion
system, whichever is closer to the ground, to the highest point on the wind
energy conversion system, including the vertical length of any extensions
including.L.without limitationL the rotor blade at its highest point in rotation.
B. Monopole: A freestanding, self -supporting tower which uses a single pole,
does not use a lattice design, and has no guyed wires.
C. Wind Energy Conversion System: Any electrical generating facility that
converts wind energy to electrical energy, such as a windmill or wind turbine,
and associated and accessory facilities including without limitation the
support structure of the system.
Subdivision 3. Conditional Uses
A. Mounted wind energy conversion systems shall be allowed by a Conditional
Use Permit in all zoning districts except in the Single Family Zoning District
(R-1), Moderate Density Residential Zoning District (R-2), Medium Density
Residential Zoning District (R-3), High Density Residential Zoning District
(R-4), and Shoreland Overlay Districts, subject to administrative review and
approval by the City Manager or his/her designee, so long as they meet the
following requirements:
1. Mounted wind -energy conversion systems shall not exceed fifteen (15)
feet in height from the base to the top of the rotor blade in all zoning
districts.
Golden Valley City Code
Page 1 of 5
~ 11.74
2. No mounted wind energy conversion system shall be established on a
:z;oning lot less than one (1) acre in area. A maximum of one (1) mounted
wind energyconversion system per acre of lot area shall be allowed.
3. On buildings less than three (3) stories and thirty two (32) feet in height,
mounted wind energy conversion systems shall be setback at least ten
(10) feet from the front, side, and rear walls of the structure upon which
the wind energy conversion system would be mounted.
4. Mounted wind energy conversion systems shall be placed no lower than
the primary roof line.
5. The structure upon which the wind energy conversion system is mounted
shall have the structural integrity to carry the weight and wind loads of
the wind energy conversion system and have minimal vibration impacts
on the structure.
6. A building permit shall be obtained before a mounted wind energy
conversion system is placed on a structure.
B. Freestanding wind energy conversion systems shall be allowed by a
Conditional Use Permit in all :z;oning districts except in the Single Family
Zoning District (R-l), Moderate Density Residential Zoning District (R-2),
Medium Density Residential Zoning District (R-3), High Density Residential
Zoning District (R-4), and Shoreland Overlay Districts, subject to
administrative review and approval by the City Manager or his/her designee,
so long as they meet the following requirements:
1. The height of freestanding wind energy conversion systems shall be no
more than sixty (60) feet on lots between one (1) and five (5) acres and
shall be no more than one hundred twenty (120) feet on lots of more than
five (5) acres in area.
2. No freestanding wind energy conversion system shall be established on a
lot less than one (1) acre in area. A maximum of one (1) freestanding
wind energy conversion system per acre of lot area shall be allowed.
3. The minimum distance clearance between the ground and the vertical
length of any extensions such as the rotor blades shall be fifteen (15)
feet.
4. The base of the wind energy conversion system shall maintain a minimum
distance from any overhead utility lines equal to twice the height of the
Golden Valley City Code
Page 2 of 5
9 11.74
wind energy conversion system.
5. The base of the wind energy conversion system shall maintain a minimum
distance from the nearest residential structure equal to at least five
hundred (500) feet.
6. All electrical wires associated with a freestanding wind energy conversion
system shall be located within the tower and underground.
7. All sites shall be reasonably secured. The bottom of the wind energy
conversion system, measured from ground level to twelve (12) feet above
ground level, shall be designed in a manner to discourage unauthorized
climbing. If fencing is used, it must be decorative and landscaping shall
be used to soften its impact.
Subdivision 4. Submittal Requirements
The planning director, shall have up to sixty (60) working days following the
submittal of a complete application to approve or deny such application. The
planning director may impose such conditions and require such guarantees deemed
reasonable and necessary to protect the public interest and to ensure compliance
with the standards and purposes of this zoning code and policies of the
comprehensive plan.
A. The applicant shall submit the following:
1. A completed application for a Conditional Use Permit in accordance with
Section 11.80 of the City Code.
2. A site plan showing the placement of the wind energy conversion system
and its associated facilities and accessories, the location of property lines,
location and height of structures, above-ground utilities, location and
height of significant tress, set backs, easements and rights-of-way, and
interconnection points with the grid.
3. A scaled drawing showing the dimensions of the system including the type
of wind energy conversion system and the name plate generating
capacity.
4. Documentation from the local utility showing that the wind energy
conversion system is compliant with regulations related to utility
connections if the system is to be connected to utility lines.
Subdivision 5. Design and Performance Standards
Design and performance standards are hereby established to meet the objectives of
the City and the purposes and other provisions of this Chapter. =FRey The standards
apply to both mounted and freestanding wind energy conversion systems.
Golden Valley City Code
Page 3 of 5
9 11. 74
A. COr1)patibility with nearby properties. Wind energy conversion systems shall
utilize building materials, colors, and textures that are neutral and
compatible with the existing principal structure. Rotor blades shall be non-
metallic to prevent communication signal interference. Metal towers shall be
constructed of, or treated with, corrosive resistant material. Unpainted,
galvanized metal or similar towers shall be prohibited.
B. Compliance. All systems shall be designed, constructed, and operated in
compliance with all applicable federal, state, and local laws, codes,
standards, and ordinances, as well as adhere to the requirements of local
utilities if connected to utility lines.
C. Controls and brakes. All systems shall contain an internal governor or
braking device which engages at excessive wind speeds, determined by the
manufacturer, to minimize the potential for wind damage to the equipment.
D. Encroachments and setbacks.
1. Wind energy conversion systems shall comply with the minimum yard
requirements of the district in which they are located.
2. Wind energy conversion systems shall comply with applicable regulations
as established by the Federal Aviation Administration and Minnesota
Pollution Control Agency.
3. No part of any 'wind cnergy conversion system shall extend tlcross or over
any part of tl public right of 'Nay. Distance from any part of a publiC right
of way must be so great that the vertical height of the system plus ten
(10) feet is less than or equal to the horizontal distance from the base of
the system to any part of a public right of 'way. The base of the wind
energy conversion system shall maintain a minimum distance from public
right-of-way equal to the vertical height of the system plus ten (10) feet.
E. Interference. The wind energy conversion system shall be designed to not
cause electrical, radio frequency, television, and other communication signal
interference.
F. Lighting. Wind energy conversion systems shall not be illuminated by
artificial means, except where the illumination is specifically required by the
Federal Aviation Administration or other federal, state, or local regulations.
G. Maximum capacity. Wind energy conversion systems shall have a rated
capacity of not more than one hundred (100) kilowatts.
H. Maintenance reqlJired. All wind energy conversion systems shall be kept in
good repair and free from rust, damaged supports, framework, or other
components.
Golden Valley City Code
Page 4 of 5
9 11.74
I. Noise. Wind energy conversion systems shall comply with the standards
governing noise of the Minnesota Pollution Control Agency.
J. Safety. Wind energy conversion systems shall be designed to reduce the
impact of ice buildup on extensions and ice throw from those extensions.
K. Signage. Advertising or identification of any kind on wind energy conversion
systems shall be prohibited, except for applicable warning and equipment
information signage required by the manufacturer or by federal, state or local
regulations.
L. Tower type. Towers shall be of a monopole design.
Subdivision 6. Abandoned or unused wind energy conversion systems
All abandoned or unused wind energy conversion systems shall be removed within
six (6) months of the cessation of normal operations and the property must be
restored to its original condition or to an improved condition unless an extension is
approved by the City Manager or his/her designee. If an extension is not approved,
such wind energy conversion system shall be deemed a nuisance, and the City may
act to abate such nuisance and require its removal and the restoration of the site at
the property owner's expense.
Golden Valley City Code
Page 5 of 5
ORDINANCE NO. 442, 2ND SERIES
AN ORDINANCE AMENDING THE CITY CODE
Adding a New Section 10.74: Wind Energy Conversion Systems
The City Council for the City of Golden Valley hereby ordains as follows:
Section 1. City Code, Chapter 11 is hereby amended by adding a new Section
entitled 11.74: Wind Energy Conversion Systems, reading as follows:
Section 11.74: Wind Energy Conversion Systems
Subdivision 1. Purpose
The purpose of this ordinance is to allow for and regulate the location, placement,
design, and maintenance of wind energy conversion systems, which are not
otherwise subject to siting and oversight by the State of Minnesota, to ensure such
facilities are appropriately located and are used in a safe and effective manner.
Subdivision 2. Definitions
A. Height: The height of a freestanding wind energy conversion system shall be
measured as the distance from ground level to the highest point on the wind
energy conversion system, including the vertical length of any extensions
including without limitation the rotor blade at its highest point in rotation.
The height of a building mounted wind energy conversion system shall be
measured as the distance from the point where the base of the system is
attached to the building or to the lowest point on the wind energy conversion
system, whichever is closer to the ground, to the highest point on the wind
energy conversion system, including the vertical length of any extensions
including, without limitation, the rotor blade at its highest point in rotation.
B. Monopole: A freestanding, self -supporting tower which uses a single pole,
does not use a lattice design, and has no guyed wires.
C. Wind Energy Conversion System: Any electrical generating facility that
converts wind energy to electrical energy, such as a windmill or wind turbine,
and associated and accessory facilities including without limitation the
support structure of the system.
Subdivision 3. Conditional Uses
A. Mounted wind energy conversion systems shall be allowed by a Conditional
Use Permit in all zoning districts except in the Single Family Zoning District
(R-l), Moderate Density Residential Zoning District (R-2), Medium Density
Residential Zoning District (R-3), High Density Residential Zoning District
(R-4), and Shoreland Overlay Districts, subject to administrative review and
approval by the City Manager or his/her designee, so long as they meet the
following requirements:
1. Mounted wind energy conversion systems shall not exceed fifteen (15)
feet in height from the base to the top of the rotor blade in all zoning
districts.
2. No mounted wind energy conversion system shall be established on a
zoning lot less than one (1) acre in area. A maximum of one (1) mounted
wind energy conversion system per acre of lot area shall be allowed.
3. On buildings less than three (3) stories and thirty two (32) feet in height,
mounted wind energy conversion systems shall be setback at least ten
(10) feet from the front, side, and rear walls of the structure upon which
the wind energy conversion system would be mounted.
4. Mounted wind energy conversion systems shall be placed no lower than
the primary roof line.
5. The structure upon which the wind energy conversion system is mounted
shall have the structural integrity to carry the weight and wind loads of
the wind energy conversion system and have minimal vibration impacts
on the structure.
6. A building permit shall be obtained before a mounted wind energy
conversion system is placed on a structure.
B. Freestanding wind energy conversion systems shall be allowed by a
Conditional Use Permit in all zoning districts except in the Single Family
Zoning District (R-1), Moderate Density Residential Zoning District (R-2),
Medium Density Residential Zoning District (R-3), High Density Residential
Zoning District (R-4), and Shoreland Overlay Districts, subject to
administrative review and approval by the City Manager or his/her designee,
so long as they meet the following requirements:
1. The height of freestanding wind energy conversion systems shall be no
more than sixty (60) feet on lots between one (1) and five (5) acres and
shall be no more than one hundred twenty (120) feet on lots of more than
five (5) acres in area.
2. No freestanding wind energy conversion system shall be established on a
lot less than one (1) acre in area. A maximum of one (1) freestanding
wind energy conversion system per acre of lot area shall be allowed.
3. The minimum clearance between the ground and the vertical length of
any extensions such as the rotor blades shall be fifteen (15) feet.
4. The base of the wind energy conversion system shall maintain a minimum
distance from any overhead utility lines equal to twice the height of the
wind energy conversion system.
5. The base of the wind energy conversion system shall maintain a minimum
distance from the nearest residential structure equal to at least five
hundred (500) feet.
6. All electrical wires associated with a freestanding wind energy conversion
system shall be located within the tower and underground.
7. All sites shall be reasonably secured. The bottom of the wind energy
conversion system, measured from ground level to twelve (12) feet above
ground level, shall be designed in a manner to discourage unauthorized
climbing. If fencing is used, it must be decorative and landscaping shall
be used to soften its impact.
Subdivision 4. Submittal Requirements
The planning director, shall have up to sixty (60) working days following the
submittal of a complete application to approve or deny such application. The
planning director may impose such conditions and require such guarantees deemed
reasonable and necessary to protect the public interest and to ensure compliance
with the standards and purposes of this zoning code and policies of the
comprehensive plan.
A. The applicant shall submit the following:
1. A completed application for a Conditional Use Permit in accordance with
Section 11.80 of the City Code.
2. A site plan showing the placement of the wind energy conversion system
and its associated facilities and accessories, the location of property lines,
location and height of structures, above-ground utilities, location and
height of significant tress, set backs, easements and rights-of-way, and
interconnection points with the grid.
3. A scaled drawing showing the dimensions of the system including the type
of wind energy conversion system and the name plate generating
capacity.
4. Documentation from the local utility showing that the wind energy
conversion system is compliant with regulations related to utility
connections if the system is to be connected to utility lines.
Subdivision 5. Design and Performance Standards
Design and performance standards are hereby established to meet the objectives of
the City and the purposes and other provisions of this Chapter. The standards apply
to both mounted and freestanding wind energy conversion systems.
A. Compatibility with nearby properties. Wind energy conversion systems shall
utilize building materials, colors, and textures that are neutral and
compatible with the existing principal structure. Rotor blades shall be non-
metallic to prevent communication signal interference. Metal towers shall be
constructed of, or treated with, corrosive resistant material. Unpainted,
galvanized metal or similar towers shall be prohibited.
B. Compliance. All systems shall be designed, constructed, and operated in
compliance with all applicable federal, state, and local laws, codes,
standards, and ordinances, as well as adhere to the requirements of local
utilities if connected to utility lines.
C. Controls and brakes. All systems shall contain an internal governor or
braking device which engages at excessive wind speeds, determined by the
manufacturer, to minimize the potential for wind damage to the equipment.
D. Encroachments and setbacks.
1. Wind energy conversion systems shall comply with the minimum yard
requirements of the district in which they are located.
2. Wind energy conversion systems shall comply with applicable regulations
as established by the Federal Aviation Administration and Minnesota
Pollution Control Agency.
3. The base of the wind energy conversion shall maintain a minimum
distance from public right-of-way equal to the vertical height of the
system plus ten (10) feet.
E. Interference. The wind energy conversion system shall be designed to not
cause electrical, radio frequency, television, and other communication signal
interference.
F. Lighting. Wind energy conversion systems shall not be illuminated by
artificial means, except where the illumination is specifically required by the
Federal Aviation Administration or other federal, state, or local regulations.
G. Maximum capacity. Wind energy conversion systems shall have a rated
capacity of not more than one hundred (100) kilowatts.
H. Maintenance required. All wind energy conversion systems shall be kept in
good repair and free from rust, damaged supports, framework, or other
components.
I. Noise. Wind energy conversion systems shall comply with the standards
governing noise of the Minnesota Pollution Control Agency.
J. Safety. Wind energy conversion systems shall be designed to reduce the
impact of ice buildup on extensions and ice throw from those extensions.
K. Signage. Advertising or identification of any kind on wind energy conversion
systems shall be prohibited, except for applicable warning and equipment
information signage required by the manufacturer or by federal, state or local
regulations.
L. Tower type. Towers shall be of a monopole design.
Subdivision 6. Abandoned or unused wind energy conversion systems
All abandoned or unused wind energy conversion systems shall be removed within
six (6) months of the cessation of normal operations and the property must be
restored to its original condition or to an improved condition unless an extension is
approved by the City Manager or his/her designee. If an extension is not approved,
such wind energy conversion system shall be deemed a nuisance, and the City may
act to abate such nuisance and require its removal and the restoration of the site at
the property owner's expense.
Section 3. City Code Chapter 1 entitled "General Provisions and Definitions
Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99
entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as
though repeated verbatim herein.
Section 4. This Ordinance shall take effect from and after its passage and
publication as required by law.
Adopted by the City Council this 20th day of July, 2010.
IslLinda R. Loomis
Linda R. Loomis, Mayor
ATTEST:
IslSusan M. Virniq
Susan M. Virnig, City Clerk
alley
Memo nd m
Planning
763-593-8095/763-593-8109 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
July 20, 2010
Agenda Item
4. B. Public Hearing - Ordinance #443 - Amending Sections 11.21 and 11.22 Regarding
Photovoltaic Module Regulations
Prepared By
Joe Hogeboom, City Planner
Summary
Freestanding Photovoltaic modules (solar panel devices) are currently unregulated in City
Code. Concern was raised over placing freestanding solar devices in inappropriate or
incompatible locations in the single family and moderate density residential areas of the City.
The City's internal 'Green Team,' the Environmental Commission, and the Planning
Commission have recommended addressing this issue by amending City Code to apply
setback standards for accessory structures to freestanding photovoltaic modules.
As proposed, setback guidelines for freestanding photovoltaic modules would be as follows:
. Modules cannot be located in the front yard of an R-1 or an R-2 property (closer than
35 feet to a property line parallel to a public road.)
. Modules cannot exceed ten feet in height.
. Modules must be located at least five feet from side and rear property lines.
. Modules must be located at least ten feet from the primary structure (house) and at
least five feet from all accessory structures (attached garages, sheds, etc.)
This proposed amendment does not address solar panels that are attached to structures.
Attachments
Planning Commission Minutes dated June 28, 2010 (2 pages)
Underlined/Overscored Version of Section 11.21, Subd. 12(H) (1 page)
Underlined/Overscored Version of Section 11.22, Subd. 11 (H) (1 page)
Ordinance No. 443, Amending Section 11.21 and 11.22 Regarding Photovoltaic Module
Regulations (1 page)
Recommended Action
Motion to adopt Ordinance No. 443, Amending Sections 11.21 and 11.22 Regarding Photovoltaic
Module Regulations.
Minutes of the Golden Valley Planning Commission
June 28, 2010
Page 4
rimes referred to the issue of mainte nce and stated that maintenance is addressed in
tH roperty maintenance section of th City Code. He reiterated that the City Council has
ask taff to research fence permit r uirements. He said he thinks requiring eople to
find thel roperty line is a legitimate c ncern.
Kluchka aske imes if he has seen eople "build up" the gr
fence. Grimes sai e is not aware of hat happening.
Grimes said . would clarify the pro
Planning cmmission in the future.
D by Waldhauser, seconded Cera and motion carried 6 to table the
posed fence regulation amendme t. Kluchka abstained from votin .
4. Informal Public Hearing - Zoning Code Amendment - Freestanding
Photovoltaic Module Requirements in the Single Family Zoning District (R-1)
and Moderate Density Residential (R-2) Zoning District - Z000-84
Applicant: City of Golden Valley
Purpose: To add photovoltaic module regulations to the accessory structure
requirements in the Single Family (R-1) and Moderate Density Residential (R-2)
sections of the City Code.
Hogeboom explained that the City has received a request to allow for the installation of a
photovoltaic module (solar panel on a pole) in a front yard. He stated that staff has some
concerns about the aesthetics and about these types of devices being too close to a
neighboring property. He stated that staff along with the City Council and Environmental
Commission is recommending that these types of devices follow the same requirements
as accessory structures. He added that the proposed new language does not apply to
roof-mounted solar panels.
Kluchka asked about the approach to solar rights. Hogeboom stated that there is a state
statute regarding limiting access to solar energy. He added that a request for a
photovoltaic device could go the Board of Zoning Appeals if there is no other access to
solar energy on the property.
Minutes of the Golden Valley Planning Commission
June 28, 2010
Page 5
Waldhauser questioned what would happen if someone installed a solar panel and a
neighbor planted trees to screen it. Hogeboom explained that the City wouldn't get
involved in a case like that and added the City Attorney has said cities are allowed to
place controls on solar panels, they just can't ban them or deny somebody access to
solar energy.
Keysser asked about how a solar panel on a roof would affect the height of a structure.
Grimes said a solar panel on a roof would not be considered part of the structure.
Cera questioned the possibility of poles being attached to the side of a house.
Waldhauser asked about the rationale behind the language requiring 10 feet of
separation. Hogeboom said the separation language is in the accessory structure section
of the Zoning Code and is required for safety and electricity issues.
Eck referred to the proposed new language and stated that the word "for" should be
changed to the word "as".
Keysser asked if there should be language regarding solar thermal devices as well.
Schmidgall noted that solar thermal devices would never be placed on a pole.
Keysser opened the public hearing. Seeing and hearing no one wishing to comment,
Keysser closed the public hearing.
MOVED by McCarty, seconded by Waldhauser and motion carried unanimously to
recommend approval of the proposed language regarding photovoltaic modules with the
correction noted by Commissioner Eck.
Informal Public Hearing - Zoni Code Amendment - Establish Regulations for
Wind Energy Conversion Syst ms - ZOOO-85
Ap . ant: City of Golden Valle '
rding Wind Energy Conversion
inance came from discussions with the City's
ed by the City Council and the Environmental
Commission. He referred. . oint presentation and explained that most windmills
and wind turbines are re appr 'pria . rural areas or open spaces so this ordinance
will prohibit any wi energy co ersion s s in the residential zoning districts. He
explained that ordinance will'equire a Con . al Use Permit for installation of a wind
energy co sion system and III limit them to parc that are over one acre in size.
The or' nce also regulates th i color and material use for wind energy conversion
sys s. He added that regular etback rules apply, they must comply with regulations
ablished by local utility companies and may not be used for advertising.
9 11.21
Section 11.21: Single Family Zoning District (R-1)
Subdivision 12. Accessory Structures
A. Cornices and Eaves. Cornices and eaves may not project more than thirty
(30) inches into a required setback.
Source: Ordinance No. 292, 2nd Series
Effective Date: 3-12-04
B. Each property is limited to a total of one thousand (1,000) square feet of the
following accessory structures: detached and attached garages, detached
sheds, greenhouses, and gazebos. Swimming pools are not included in this
requirement. No one (1) detached accessory structure may be larger than
eight hundred (800) square feet in area and any accessory structure over
one hundred twenty (120) square feet in area requires a building permit.
Source: Ordinance No. 382, 2nd Series
Effective Date: 3-28-08
C. Size of Accessory Structures. No accessory structure shall be larger in size
than the principal structure. (See Subdivision 4.A(1)).
D. Swimming pools. Swimming pools shall meet the same setback and location
requirements for accessory structures. Setbacks shall be measured from the
property line to the pool's edge. Decks surrounding above ground pools shall
meet setback requirements.
E. Decks. Free standing decks or decks attached to accessory buildings shall
meet the same setback requirements for accessory buildings. (See
Subdivision 16.)
F. Central Air Conditioning Units. Central air conditioning units shall not be
allowed in the front yard of a single family home.
Source: Ordinance No. 292, 2nd Series
Effective Date: 3-12-04
G. Roof. Gambrel and Mansard roofs are not permitted on any accessory
building with a footprint of more than one hundred twenty (120) square feet.
Source: Ordinance No. 382, 2nd Series
Effective Date: 3-28-08
H. Photovoltaic Modules. Photovoltaic modules, including solar panels and other
photovoltaic energy receivers, shall meet the same setback, location and
height requirements as accessory structures.
Golden Valley City Code
9 11.22
Section 11.22: Moderate Density Residential
Zoning District (R-2)
Subdivision 11. Accessorv Structures
D. Accessory structures including detached and attached garages, detached
sheds, greenhouses and gazebos shall be limited in size to a total of six
hundred fifty (650) square feet per dwelling unit. Swimming pools are not
included in this requirement.
E. Decks. Free standing decks or decks attached to accessory structures shall
meet the same setback requirements as accessory structures.
F. Swimming pools. Swimming pools shall meet the same setback and location
requirements as accessory structures.
G. Central Air Conditioning Units. Central air conditioning units shall not be
allowed in the front yard of any single or two-family dwelling.
Source: Ordinance No. 371, 2nd Series
Effective Date: 07-13-07
H. Photovoltaic Modules. Photovoltaic modules. including solar panels and other
photovoltaic energy receivers. shall meet the same setback. location and
height requirements as accessory structures.
Subdivision 12. Garden Structures
Garden Structures shall be located no closer than five (5) feet to any property line.
Garden Structures shall not exceed ten (10) feet in heiQht.
Source: Ordinance No. 433, 2nd Series
Effective Date: 2-26-10
Golden Valley City Code
ORDINANCE NO. 443, 2ND SERIES
AN ORDINANCE AMENDING THE CITY CODE
Amending Sections 11.21 and 11.22 Regarding Photovoltaic Module Regulations
The City Council for the City of Golden Valley hereby ordains as follows:
Section 1. City Code Section 11.21 entitled "Single Family Zoning District (R-1)"
is amended by adding Subdivision 12(H) to read as follows:
H. Photovoltaic Modules. Photovoltaic modules, including solar panels and other
photovoltaic energy receivers, shall meet the same setback, location and
height requirements as accessory structures.
Section 2. City Code Section 11.22 entitled "Moderate Density Residential
Zoning District (R-2)" is amended by adding Subdivision 11 (H) to read as follows:
H. Photovoltaic Modules. Photovoltaic modules, including solar panels and other
photovoltaic energy receivers, shall meet the same setback, location and
height requirements as accessory structures.
Section 2. City Code Chapter 1 entitled "General Provisions and Definitions
Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99
entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as
though repeated verbatim herein.
Section 3. This Ordinance shall take effect from and after its passage and
publication as required by law.
Adopted by the City Council this 20th day of July, 2010.
IslLinda R. Loomis
Linda R. Loomis, Mayor
ATTEST:
IslSusan M. VirniQ
Susan M. Virnig, City Clerk
alley
M mo nd m
Planning
763-593-8095/763-593-8109 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
July 20, 2010
Agenda Item
4. C. Public Hearing - Amending Building Height Requirements in High Density Residential
Zoning District (R-4)
Prepared By
Joe Hogeboom, City Planner
Summary
Due to a publication error in the July 8 issue of the SunPost the Council will not be able to
hold the public hearing for this ordinance amendment. Staff is requesting the public hearing
be continued to the August 4, 2010 City Council meeting.
Recommended Action
Motion to continue the public hearing regarding building height requirements in the High Density
Residential Zoning District (R-4) to Wednesday, August 42010.
alley
M mora dum
Planning
763-593-8095 I 763-593-8109 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
July 20, 2010
"60 Days" Deadline: August 10,2010
Agenda Item
6. A. Authorization to Sign Amended PUD Sub-Permit - Hidden Lakes PUD No. 74 -
Amendment No.5
Prepared By
Mark Grimes, Director of Planning and Development
Summary
The City has received a request from the Hidden Lakes Association to amend the building
envelope map for Lot 5-18, Block 11, Hidden Lakes PUD No. 74. The current building
envelope map indicates that structures may now be constructed to within 10 feet of the rear
property line for these lots. The requested amendment would allow construction may go as
close as 5 feet from the rear property line.
One of the plans approved by the City as part of the original PUD for Hidden Lakes was the
building envelope map. This map visually describes the buildable area for each of the lots in
Hidden Lakes. In the file for Hidden Lakes there is also a memo from Building Official Gary
Johnson to Bill Huser who was the representative for Hidden Lakes during the late 1990s.
This memo describes the building envelope area in memo format. The City and Hidden Lakes
agreed to this building envelope area because this allows the homeowners some flexibility in
future building additions without changing the entire PUD permit for a small building addition
on anyone particular lot. The City is also aware that any building addition requires that the
Homeowners Association approve the building plan.
Staff recalls that there has been one PUD amendment to allow construction outside the
approved building envelope area. This was done when amending the PUD required both a
preliminary anp final plan approvals. As you are aware, the City Council changed the PUD
code to allow minor amendments that can be approved by the City Council if certain
conditions are met. The staff believes that these conditions are met so the request for the
building envelope change is proposed to be done by the minor PUD amendment process.
In order to qualify as a minor amendment, the proposed amendment has to meet certain
requirements. In order to qualify as a minor amendment, the proposed amendment cannot
eliminate or diminish sensitive site features, eliminate or compromise the high quality of site
design and landscaping, alter significantly the location of buildings and roads, increase the
number of dwelling units, increase the floor area of non-residential buildings, increase the
number of stories of any building, or decrease the total open space in any development by
more than 3%. Staff has reviewed these requirements found in 11.55 Subdivision 10 of City
Code (PUD Chapter) and has determined that the proposed amendment can be considered
as a minor amendment. A minor amendment can be approved by the City Council by a
simple majority vote of the City Council and without a public hearing. The City Council does
have the option to refer the matter to the Planning Commission for review.
The Hidden Lakes Association has discussed this proposal with staff. The catalyst for the
change is a request by the owners of the property at 1440 Waterford Drive. The owners
would like to expand their existing deck to within 5 feet of the rear property line. The current
building envelope map indicates that a 10 foot setback should be maintained. As stated in the
materials submitted by Hidden Lakes, there are additions on adjacent properties that are
outside the building envelope area and closer to the rear property line than 10 feet. The
Homeowner's Association indicates that his change would make those additions legal and
allow the owners of 1440 Waterford Drive to go ahead with their addition.
As noted on the materials submitted by Hidden Lakes Association, there is an error on the
survey for 1440 and 1450 Waterford Drive. The survey indicates that the drainage and utility
easement along the rear lot line is 10 feet wide. This is an error. The drainage and utility
easement is only 5 feet wide along the rear lot lines where the change has been requested.
There is also a measurement error on the survey indicating that the rear property line is 19.51
feet from the structure at 1440 Waterford Drive to the rear property line. The number should
be approximately 16 feet.
Staff has reviewed this request to change the rear building envelope line for Lots 5-18, Block
11, Hidden Lakes to 5 feet rather than 10 feet. The staff does not have an issue with the
change as long as the construction occurs outside any drainage and utility easements and
the building additions are approved by the Homeowners Association. I am attaching a picture
of the rear of the yard at 1440-50 Waterford Drive. The photo shows that much of the space
behind the town homes is common open space. I estimate that half of the lawn area behind
the town homes is common area.
Attachments
Location Map ( 1 page)
Applicant's Narrative (1 page)
Plat Map Showing Easement Lines (1 page)
Memo to Gary Johnson dated April 20, 1998 (2 pages)
Proposed Amended PUD Sub-Permit (2 pages)
Photos (3 pages, loose in agenda packet)
Survey with Comments (1 oversized page, loose in agenda packet)
Building Envelope Map (1 oversized page, loose in agenda packet)
Recommended Action
Motion to authorize the Mayor and City Manager to sign the amended PUD Sub-Permit for
Hidden Lakes PUD No. 74, Amendment NO.5.
@
1300
Attachment
The Hidden Lakes Master Board unanimously passed the following motion on May 19, 2010:
The Master Board of Hidden Lakes Association approves making a Minor PUD Amendment to PUD 74 to
change the required rear yard setback for Lots 5 through 18, Block 11, Hidden Lakes PUD No. 74 from 10
feet to 5 feet. The 5 foot setback to remain a City of Golden Valley Utility Easement.
Exhibit A. (Partial copy of Insert D, Hidden lakes PUD No.7 4)
Hidden Lakes PUD No. 74 (Inset D), approved and accepted by the City Council of Golden Valley
on December 16,1997 shows required setbacks for Drainage and Utility Easements often (10) feet at the
rear of Lots 1 through 4, five (5) feet for Lots 5 through 18, and fifteen (15) feet for Lots 11 though 22.
The original PUD No. 74 (Insert D) from December 16, 1997 shows the resulting building setbacks
requested in the proposed Minor Amendment.
Exhibit B. (Letter to Gary Johnson from Bill Huser, Hidden Lakes Development)
In his letter to Gary Johnson, Bill Huser agreed to change the Rear Yard Setbacks for Block 11, Lots 1-22
to a minimum of 10 feet
Exhibit C. (As built Survey for Lots 7 and 8, block 11 Hidden Lakes PUD No. 74)
There are several errors in this asbuilt survey. When Charles Cudd built the twin homes on Block 11, there
appeared to be a setback line for the Primary Structures of approximately 16 feet. It is incorrectly shown
on Exhibit C, as 19.51 feet instead of 15.91 feet. The correct number can be verified by substituting
15.91 for 19.51 and adding the individual dimensions on the north and south lot lines to arrive at the
overall dimension of 118 feet. It also scales almost 16 feet. The survey shows the utility easement at 10
feet. The decks and patios built with the homes are not shown on the survey, and the patio shown on Lot
8 was never built. The owners of Lot 8 (1440 Waterford Drive) are the original owners and have not
changed anything in the rear yard since they occupied the house.
Exhibit D (2008 Aerial Photos from Bing.com)
Aerial photos of Block 11 show most of the twinhomes have decks and patios attached to the Primary
Structure built at the time the homes were built. The homeowner of 1440 Waterford Drive (shown with a
pin) wishes to expand its deck to the extent that its neighbors have decks and patios, but can't because of
the existing 10 foot setback limits set forth in the letter in Exhibit B. The PUD Minor Amendment would
permit the requested deck expansion as approved by the Hidden Lakes Master Board subject to the
Minor Amendment to PU D No. 74. It would also bring other twin homes on Block 11 into compliance.
HIDDEN LAKES PUD NO. 74
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04/20/98 MON 15:03 FAX
Date: Apri120, 1998
To: Mr. Gary Johnson fp\"V
From: :Mr. Bill Huser CG...l. L 'OS 7 ,... z 1- 57 .
Hidden Lakes Development OfF. ~V7 ~ -. S' 8' ~~ ~ - 4,.,/Z....
. f~"i. +1" -3 8S I I
Cc: Mr. Mark Grimes
RE: Hidden Lakes Development Setbacks
As a foRow-up to our disCWlsions of April 17th, 1998 regarding building setbacks
fOT the Hidden Lakes PUD #74. please rererto drawing C3 ofC62, and the following:
A) Single Family Lots~
Block 4
Block 6
Block 7
Block 8
Lots 1-12
Lots 1-6
Lots 1-4
Lots 1-10
From Yard Setback
Side Yard Setback
Rear Yard Setback
B) Villa Lots-
Block 8
Block 10
Block 13
Lots 11-30
Lots 1-25
Lots 17-19
From Yard Setback
Side Yard Setback
Rear Yani Setback
Lakeside
Lakeside
Off-Lake
Off-Lake
30' from back of CIlI'bl28' :from R..O.W.
10' both sides
Varies with depth of lot (sheets C22-C24)
(and refer to following Exhibit)
Nrtnhnnm of 15' :from back of curb and
13' fto1nRight of Way
6' (includes 5' utility easement)
varies with depth of Jot (see sheet ell)
mm;mQU') of20'
!(lJOOl
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"04120/98 MON 15:04 F.U
@002
C) Townhome Lots
\e......- Block 11
<t Block 12
Block 13
Lots 1-22
Lots 1-20
Lots 1-16
Front Yard Setback MininmIn of20'back ofcurb/18'ftomRO.W.
Side Yard Setback 5' both sides
Rear Yard Setback Minimum of 1 0'
Hopefully this will help clari1y the differences between various unit types and
locations. I hope to generate a booklet which will :further delineate these issues.
If you have any questions, do not hesitate to contact me at 335"5019.
location:
legal
Description:
Owners and
Address:
Underlying
Zoning:
Sub-Permit
for a portion of
Planned Unit Development (P.U.D.) No. 74
Hidden Lakes Development
4121 Golden Valley Road, Golden Valley, Minnesota
(See Lots and Blocks listed below)
Hidden Lakes Development Limited Partnership
4121 Golden Valley Road, Golden Valley MN 55422
Single-Family Residential
This sub-permit outlines terms and conditions affecting only the property identified
above. In any case where there is an apparent conflict between the terms of the sub-
permit and the master permit, this sub-permit shall prevail.
land Use Component
1. Permitted uses for the identified properties are as follows:
Traditional Single Family
Houses
Block 4, Lots 1-12
Block 6, Lots 1-5
Block 7, Lots 1-4
Block 8, Lots 1-10
Two-Family Townhomes
Block 11, Lots 1-22
Block 12, Lots 1-20
Block 13, Lots 1-20
Single Family Villa Houses
Block 8, Lots 11-30
Block 10, Lots 1-25
Block 13, Lots 17-19
Two Family Carriage Houses
Block 9, Lots 1 and 2
Outlot M
Existing Single Family House
Block 5, Lot 1
Hidden Lakes P.U.D. No. 74
Page Eleven
2. For all types of residential lots, the dotted line indicated on each lot on the site
plan shall represent the permitted building envelope. Amendment #5 allows the
rear buildino envelope line for Lots 5-18, Block 11, Hidden Lakes to be five feet
rather than 10 feet. Construction of any structure may only occur within this
envelope. Changes to the building envelope shall require an amendment to this
PUD sub-permit. The amendment shall take the form of a revised site plan for the
identified property.
Hidden Lakes Development
Limited Partnership
Witness:
By:
Title:
Date:
City of Golden Valley
Witness:
By:
Linda R. Loomis, Mayor
Date:
Witness:
By:
Thomas D. Burt, City Manager
Date:
Warning: This sub-permit does not exempt you from applicable terms of the
master permit and all other City Code provisions, regulations and
ordinances.
Map of 1440 Waterford Dr, Golden Valley, MN 55422-4275 - Bing Maps
Page 1 of 1
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EXISTING ELEVATIONS
1440 WATERFORD DRIVE
EXISTING ELEVATIONS
1450 WATERFORD DRIVE
Garage floor elev. = 882.03
First floor elev. = 884.27
Lowest floor elev. = 877.72
Garage floor elev. = 881.83
First floor elev. = 884.30
lowest floor elev. = 877.64
LEGEND
Lot 7&8, Block 11
HIDDEN LAKES
PUD NO. 74
HENNEPIN COUNTY, MINNESOTA
Sub ject to easements of record, if any.
. = Iron monument found
o = Iron monument set and morked
with license No. 23968.
a = Denotes offset iron
~ = Denotes drainage Be utility easement
x 800.0 = Denotes existing elevation
____ = Denotes drainage arraw
Bearings shown are assumed
BOOK PAGE
Drawing File: 98-178m36ab.DWG
Project No. 98178m36
4 2-Z0Y'
Licen~e No. 23968fOr
December 29. 2000
Dote
Revised: Asbuilt elevation
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RLK - Kuusisto, Ltd.
6110 Blue Circle Dr.
Suite # 1 00
Minnetonka, Mn.
55343
(612) 933-0972
Fax: (612) 933-1153
I hereby certify that this survey, plan or report was prepared by
me or under my direct supervision and that I om 0 duly Registered
Land Surveyor under the lows of the State of Minnesota.
Mar.23. 2001
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Public Safety Y
M m randum
Public Safety Department
763-593-8079 I 763-593-8098 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
July 20, 2010
Agenda Item
6. B. Authorization to Draft Agreement with City of Edina for Dispatch Services
Prepared By
Stacy A. Altonen, Chief of Police
Summary
Following the City Council's decision in January 2010 to terminate the contract with the City
of St. Louis Park for dispatch services effective December 31, 2010, staff began discussions
with various dispatch centers regarding the feasibility of providing dispatch services to the
City of Golden Valley effective January 1, 2011. After several of these discussions, staff is
seeking approval to draft agreement terms with the City of Edina to provide dispatch services
beginning January 1, 2011 or soon thereafter.
Recommended Action
Motion to authorize staff to draft an agreement for dispatch services with the City of Edina.