08-04-10 CC Agenda Packet
AGENDA
Regular Meeting
of the
City Council
Golden Valley City Hall
7800 Golden Valley Road
Council Chamber
VVednesday,August4,2010
6:30 pm
The Council may consider item numbers 1, 2, 3, 5 and 6
prior to the public hearings scheduled at 7 pm
1. CALL TO ORDER
A. Roll Call
PAGES
2. ADDITIONS AND CORRECTIONS TO AGENDA
3. CONSENT AGENDA
Approval of Consent Agenda - All items listed under this heading are considered to be
routine by the City Council and will be enacted by one motion. There will be no
discussion of these items unless a Council Member or citizen so requests in which
event the item will be removed from the general order of business and considered in its
normal sequence on the agenda.
A. Approval of Minutes - Special City Council Meeting - July 13, 2010 and City Council
Meeting - July 20, 2010
B. Approval of Check Registers:
1. City
2. Housing and Redevelopment Authority
C. Licenses:
1. General Business Licenses
D. Minutes of Boards and Commissions:
1. Planning Commission - July 12, 2010
2. Board of Zoning Appeals - June 22, 2010
3. Environmental Commission - June 28, 2010
4. Human Rights Commission - March 11, 2010
5. Civil Service Commission - February 1, 2010
6. Open Space and Recreation Commission - June 28, 2010
7. Envision Connection Project Board of Directors - June 26, 2010
E. Letters, Emails and/or Petitions
1. Email from Don Keysser Regarding Resignation from Planning Commission
F. Approval of One Year Extension for Filing of Plat for 100 Brunswick Avenue North -
Peter Miller, Applicant
G. Authorization to Sign Agreement for Energy, Efficiency, and Conservation Block
Grant Program 10-41
H. Receipt of June 2010 General Fund Budget
I. Donation of Excess Fire Department Equipment 10-42
4. PUBLIC HEARINGS 7 PM
A. Public Hearing - Preliminary Plat Approval - 700 Meadow Lane - Lot 2 and Lot 3,
PUD #33 North VVirth Parkway 2nd Addition - North VVirth Associates LLP, Applicant
B. Continued Public Hearing - Ordinance #443 - Photovoltaic Module Regulations
C. Continued Public Hearing - Ordinance #444 - Amending Building Height Requirements
High Density Residential Zoning District (R-4)
5. OLD BUSINESS
6. NEW BUSINESS
A. First Consideration - Ordinance #445 - Amending Section 4.60, Regarding Rainwater
Collection Devices
B. First Consideration - Ordinance #446 - Adding a New Section 10.68: Outdoor Boilers
C. Authorization to Sign Amended PUD Permit - North Wirth Parkway PUD No. 33,
Amendment NO.2
D. Announcements of Meetings
E. Mayor and Council Communications
7. ADJOURNMENT
GUIDELINES FOR PUBLIC INPUT
Copies of the agenda packet are available for public review before the Council Meeting: 1) on the City web site at
www.cLgolden-vallev.mn.us; 2) at City Hall, City Manager's Office, from 8:30 am to 4:30 pm beginning the Friday before
the meeting; and 3) at the Golden Valley Library, Reference Desk, 830 Winnetka Avenue North. To receive an email
notification when the current agenda packet is available online, go to the City web site and sign up at
GV DirectConnect. If you wish to be placed on the mailing list to receive a paper copy of the agenda cover sheet, or if you
have any questions regarding the agenda, please call Judy Nally at 76~593-3991. All City Council meetings are broadcast
live on City Cable Channel 16 and replayed nightly at 6:30 pm. Meetings are also webcast live on the City web site, with
replays available on demand.
Comprehensive Plan Amendments. Conditional Use Permits. Rezonings. Planned Unit Developments (PUD).
Subdivisions (platting). and City Code Zoning Text Amendments
A. Pre-hearing Presentations:
1. Council will bring on the table for consideration.
2. Applicant will make presentation.
3. Planning Commission Member or Staff will present the Commission's recommendation.
B. Public Hearing:
1. The Mayor may ask people to identify how many wish to speak at the hearing.
2. If there are many people who wish to speak, the Mayor may set a time limit for statements. Groups are
encouraged to use spokespersons, who will be given longer for presentations.
3. Give full name and address c1earlv for the record when speaking.
4. Address all questions to the Mayor. The Mayor will then determine who will answer them. Questions will
be answered when all persons have had a chance to speak.
5. No one will be given an opportunity to speak a second time until everyone has had an opportunity to
speak initially. Please limit second presentation to new information and not rebuttals.
6. There will be no straw votes of people present. These are not helpful to the Council because they do not
reflect total community sentiment.
7. At the close of the public hearing, the Council will debate the issue.
Improvement Hearings
A. Pre-hearing Presentations:
1. Staff will describe proposed improvements.
2. Citizens petitioning for improvement will be asked to describe their request.
B. Public Hearing:
1. The same procedure will be followed as outlined above (B), except that voting for improvements requires
differing majorities for approval depending upon the circumstances of the project. The voting
requirements will be explained at the meeting.
Testimony at a public hearing is one additional form of information that the City Council considers when making a decision.
Your opinions, comments, and questions are welcomed and encouraged. Those persons unable to attend a meeting may send
written correspondence to the City Council at City Hall. The City Council needs your participation to make the best decision for
our community.
Special Meeting
of the
City Council
July 13, 2010
Pursuant to due call and notice thereof, a special meeting of the City Council of the City of
Golden Valley, Hennepin County, Minnesota was held at 7800 Golden Valley Road in said
City on July 13, 2010 at 6:00 pm.
The following members were present: Freiberg, Loomis, Pentel, Scan
present were: Jeanne Andre, Assistant, City Manager; Allen Barnard,
Judy Nally, Administrative Assistant.
and Shaffer. Also
ttorney; and
Mayor Loomis opened the meeting and introduced Allen Bar
Allen Barnard presented an overview of the adminis
sections of City Code 4.60, subdivision 9 (A) and (
Dwellings.
rocess. He read
nsing of Rental
Allen Barnard administered the oath to Mark
Kunde, Fire/Property Maintenance Spe
Jerry Pietig, former property owne
material he submitted; stated h
Mark Pietig, came in on May
was paying for the rental
received a letter for a fi
Sue Virnig and she told m
account to pay for st
explaine t
talk to Jos
lice ing in t
u II had received a copy of the
re like a misunderstanding, his brother
00 for each property; he assumed he
't think anything about it and then they
erry tig also stated he came in and talked to
ark Pietig had paid for was applied to the
tion issued for the properties; he further
alize t t he should have gone across the parking lot to
tal license fee as Jerry Pietig had done all the rental
Mark Pietig didn't take care of what he should of.
Mark " form ro owner, stated he did not remember what was on the check
memo lin aid it; stated he did not know the process for paying the rental license;
stated he m take and just assumed everything was taken care of; stated it didn't
make sense to pay for the administrative citations and not pay the rental license fee; stated
if he would of understood that he would of taken care of the license fee; and requested the
Council consider not charge the administrative fee.
Mark Kuhnly introduced Josh Kunde and reviewed some of the history of the properties;
rental license renewal process;
Josh Kunde, reviewed the timeline, history, inspections of the properties and answered
questions from the Council.
Special Meeting of the City Council
July 13, 2010
Page 2
Administrative Hearina - Residential Property Maintenance Code Administrative
Citations Appeal - Failure to Renew Rental License - 2551 and 2553 Doualas Drive
North - Continued
Allen Barnard administered the oath to Sue Virnig, Finance Director/City Clerk.
Sue Virnig reviewed the receipt process; account records; new propert
in escrow account; stated she did speak with Jerry Pietig regarding the
speak with Mark Pietig; and answered questions from the Council.
nership; monies
nt but did not
MOVED by Shaffer, seconded by Pentel and motion carried una
following findings and determinations:
Findings
1. The City staff followed a process of notifying the
due.
2. The City staff later explained the need to a
3. Mark Pietig made a mistake by paying th
4. Rental property owners are obligated to
it.
e by May 1.
lying for the rental license.
se and these owners knew
That the City Council affirms t
against Pietig Bros. Inc. f
issued on June 8, 2010.
citations (one citation for each property)
t 2551 and 2553 Douglas Drive North
e and must pay the fine.
Linda R. Loomis, Mayor
ATTEST:
Judy Nally, Administrative Assistant
Regular Meeting
of the
City Council
July 20, 2010
Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of
Golden Valley, Hennepin County, Minnesota was held at 7800 Golden Valley Road in said
City on July 20,2010 at 6:30 pm.
The following members were present: Loomis, Pentel, Scanlon and Shaffer; and the
following were absent: Freiberg. Also present were: Thomas Burt, City Manager; Jeannine
Clancy, Director of Public Works; Allen Barnard, City Attorney; and Judy Nally,
Administrative Assistant.
Northwest Hennepin Human Services Council Presentation
Susan Blood, Executive Director, Anita Perkins, Program Coordinator, Nicole
Ave'Lalleman, Program Coordinator, Matti Gurney, Regional Community Research
Coordinator, and Larry Kennebeck, Senior Board Member, reviewed programs and
services offered through the Council.
Approval of Agenda
MOVED by Pentel, seconded by Scanlon and motion carried unanimously to approve the
agenda of July 20,2010 as amended, Executive Summary typo.
Approval of Consent Agenda
MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve the
agenda of July 20,2010 as submitted.
*Approval of Minutes - City Council Meeting - June 15. 2010
MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve the
City Council Meeting minutes of June 15, 2010 as submitted.
*Approval of Check Register
MOVED by Pentel, seconded by Shaffer and motion carried unanimously to authorize the
payment of the City and Housing and Redevelopment Authority bills as submitted.
*Solicitor's License - Sisters Camelot
MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve the
solicitor's license for Sisters Camelot.
Regular Meeting of the City Council
July 20, 2010
Page 2
*Minutes of Boards and Commissions
MOVED by Pentel, seconded by Shaffer and motion carried unanimously to receive and
file the minutes as follows:
Planning Commission - June 28, 2010
Human Services Foundation - May 10, 2010
Joint Water Commission - June 2, 2010
Open Space and Recreation Commission - May 24, 2010
*Authorization to Sian Aareement with Hennepin County and Anderson-Johnson
Associates, Inc. for Little Leaaue Ball Fields
MOVED by Pentel, seconded by Shaffer and motion carried unanimously to authorize the
Mayor and City Manager to sign the Agreement for Honeywell Youth Field Expansion
(Contract No. A 101032) with Hennepin County.
MOVED by Pentel, seconded by Shaffer and motion carried unanimously to authorize the
Mayor and City Manager to sign the Professional Services Agreement with Anderson-
Johnson Associates, Inc. for design and construction management of the Little League Ball
Fields for $76,700.
*Approval of Six Month Extension for Filina of Plat and Submittina Final PUD Plan
Application - PUD #107 - The Towers at West End - Southwest Quadrant of 1-394 and
Hiahwav 100
MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve an
extension for submittal of the Final PUD Plan application and the Final Plat for The Towers
at West End, PUD NO.1 07 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.
Regular Meeting of the City Council
July 20,2010
Page 3
*Authorization to Sian Aareement with MnDOT as Aaent for Federal Participation for
Preliminary Enaineerina for Doualas Drive Reconstruction
Member Pentel introduced the following resolution and moved its adoption:
RESOLUTON 10-40
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
The motion for the adoption of the foregoing resolution was seconded by Member Shaffer
and upon a vote being taken thereon, the following voted in favor thereof: Loomis, Pentel,
Scanlon and Shaffer; and the following was absent: Freiberg, and the following voted
against the same: none, whereupon said resolution was declared duly passed and
adopted, signed by the Mayor and her signature attested by the City Clerk.
* Authorization to Sian Aareement with Chestnut Cambronne for Prosecutina
Attorney Services
MOVED by Pentel, seconded by Shaffer and motion carried unanimously 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.
*Authorization to Sian Service Aareements with YMCA
MOVED by Pentel, seconded by Shaffer and motion carried unanimously to authorize the
City Manager to sign the service agreement with YMCA of Metropolitan Minneapolis,
Northwest Branch.
Public Hearina - Ordinance #442 - Establishina Reaulations for Wind Eneray
Conversion System
The following ordinance was MOVED by Pentel, seconded by Shaffer:
ORDINANCE NO. 442, 2ND SERIES
AN ORDINANCE AMENDING THE CITY CODE
Adding a New Section 11.74: Wind Energy Conversion Systems
Joe Hogeboom, City Planner, introduced the agenda item and answered questions from
the Council.
Regular Meeting of the City Council
July 20, 2010
Page 4
Public Hearina - Ordinance #442 - Establishina Reaulations for Wind Enerav
Conversion System - Continued
Les Eck, Planning Commission, presented the Commission report and answered questions
from the Council.
The Mayor opened the meeting for public input and persons present to do so were
afforded the opportunity to express their views thereon. Hearing and seeing no one, the
Mayor closed the public hearing.
MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve
Ordinance #442, 2nd Series, as amended. Upon a roll call vote, the vote was as follows:
FREIBERG - ABSENT LOOMIS - YES PENTEL - YES SCANLON - YES SHAFFER - YES
Public Hearina - Ordinance #443 - Photovoltaic Module Reaulations
The following ordinance was MOVED by Pentel, seconded by Shaffer:
ORDINANCE NO. 443, 2ND SERIES
AN ORDINANCE AMENDING THE CITY CODE
Amending Sections 11.21 and 11.22 Regarding Photovoltaic Module Regulations
Joe Hogeboom, City Planner, introduced the agenda item and answered questions from
the Council. Mark Grimes, Director of Planning and Allen Barnard answered questions from
the Council.
Les Eck, Planning Commission, presented the Commission report and answered questions
from the Council.
The Mayor opened the meeting for public input and persons present to do so were
afforded the opportunity to express their views thereon. Hearing and seeing no one, the
Mayor closed the public hearing.
MOVED by Pentel, seconded by Shaffer and motion carried unanimously to continue
consideration of Ordinance #443 to the August 4, 2010 City Council Meeting. Upon a roll
call vote, the vote was as follows:
Staff will prepare the amendments to Ordinance #443 for consideration at the next
meeting.
Regular Meeting of the City Council
July 20, 2010
Page 5
Public Hearina - Heiaht Reaulations in Hiah Density Residential Zonina District (R-4)
Mayor Loomis introduce the agenda item.
The Mayor opened the meeting for public input and persons present to do so were
afforded the opportunity to express their views thereon. Hearing and seeing no one, the
Mayor closed the public hearing.
MOVED by Shaffer, seconded by Scanlon and motion carried unanimously to continue
consideration of an ordinance for height regulations in High Density Residential Zoning
District (R-4) to the August 4,2010 City Council Meeting.
Authorization to Sian Amended PUD Permit - Hidden Lakes PUD No. 74 - Amendment
No.5
Mark Grimes, Director of Planning and Development, introduced the agenda item and
answered questions from the Council. Allen Barnard and Thomas Burt answered questions
from the Council.
Paul Pink, 1405 Waterford Drive, Hidden Lakes Board Member and Architect, reviewed the
request and answered questions from the Council. Jules Schulman, 1440 Waterford Drive,
requested that he be allowed to expand his deck to within 5 feet of the rear property line.
MOVED by Shaffer, seconded by Pentel and motion carried unanimously to deny the
request to sign the amended PUD Sub-Permit for Hidden Lakes PUD No. 74, Amendment
NO.5 based on the following findings: approval would be precedent setting and could
potentially have an effect on lots in the development; it would effect the longstanding basis
for the development and the envelope was negotiated back then the property was original
developed with open space and that should be maintained.
Authorization to Draft Aareement with City of Edina for Dispatch Services
Stacy Altonen, Police Chief, introduced the agenda item and answered questions from the
Council. Thomas Burt answered questions from the Council.
MOVED by Pentel, seconded by Shaffer and motion carried unanimously to authorize staff
to draft an agreement for dispatch services with the City of Edina.
Regular Meeting of the City Council
July 20, 2010
Page 6
Announcements of Meetinas
A Concert in the Park featuring Celebration Bass will be held on July 26, 2010 at 7 pm at
Brookview Park.
A Concert in the Park featuring Lehto & Wright will be held on August 2,2010 at 7 pm at
Brookview Park.
Minnesota Night to Unite celebrations will be held throughout the evening at various
neighborhood locations on Tuesday, August 3, 2010.
The next City Council meeting will be held on Wednesday, August 4, 2010 at 6:30 pm.
A Concert in the Park featuring Blue Drifters will be held on August 9, 2010 at 7 pm at
Brookview Park.
The Primary Election will be held on August 10, 2010.
The next Council/Manager meeting will be held on Wednesday, August 10, 2010 at 6:30
pm.
Mavor and Council Communications
No action and/or discussion took place.
Adiournment
The Mayor adjourned the meeting at 8: 18 pm.
Linda R. Loomis, Mayor
ATTEST:
Judy Nally, Administrative Assistant
Memorandum
Finance
763.593.8013/763-593-8109 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
August 4, 2010
Agenda Item
3. B. 1. Approval of City Check Register
Prepared By
Sue Virnig, Finance Director
Summary
Approval of check register for various vendor claims against the City of Golden Valley.
Attachments
Loose in agenda packet.
Recommended Action
Motion to authorize the payment of the bills as submitted.
alley
Memorandum
Finance
763-593-8013/763-593-8109 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
August 4,2010
Agenda Item
3. B. 2. Approval of Housing and Redevelopment Authority Check Register
Prepared By
Sue Virnig, Finance Director
Summary
Approval of check register for various vendor claims against the Housing and Redevelopment
Authority.
Attachments
Loose in agenda packet.
Recommended Action
Motion to authorize the payment of the bills as submitted.
t
Memorandum
Inspections
763-593-8090 I 763-593-3997 (fax)
alley
Executive Summary For Action
Golden Valley City Council Meeting
August 4, 2010
Agenda Item
3. C. 1. General Business Licenses
Prepared By
Kathy Pepin, Administrative Assistants
Summary
As per City Code, some businesses are required to be licensed by the City. Listed below are
the License Number, Applicant, License Type and Fee of those who have submitted an
application for approval.
#4517
#4510
#4509
#4514
#4511
#4513
#4507
#4508
Jim Lupient Infiniti
7200 Wayzata Boulevard
New/Used Vehicle Dealers $400.00
Carousel Audi
9393 Wayzata Boulevard
New/Used Vehicle Dealers $400.00
Carousel Porsche
9191 Wayzata Boulevard
New/Used Vehicle Dealers $400.00
ABC Cars & Leasing
1200 Mendelssohn Avenue North
New/Used Vehicle Dealers $400.00
Poquet Auto Sales
800 Lilac Drive North
New/Used Vehicle Dealers $400.00
Jim Lupient Used Cars
701 Louisiana Avenue North
New/Used Vehicle Dealers $400.00
Lupient Buick, Pontiac, and GMC
7100 Wayzata Boulevard
New/Used Vehicle Dealers $400.00
Rudy Luther Toyota
8805 Wayzata Boulevard
New/Used Vehicle Dealers $400.00
Recommended Action
Motion to authorize the issuance of licenses as recommended by staff.
Regular Meeting of the
Golden Valley Planning Commission
July 12, 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 12, 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 City Planner Joe Hogeboom and
Administrative Assistant Lisa Wittman.
1. Approval of Minutes
June 28, 2010 Regular Planning Commission Meeting
Eck noted several typographical errors.
McCarty referred to the fifth paragraph on page three and stated that he would like a
comment added about requiring a site plan for the installation of a fence.
MOVED by Eck, seconded by McCarty and motion carried unanimously to approve the
June 28, 2010 minutes with the above noted corrections.
2. Informal Public Hearing - Subdivision (Lot Consolidation) - 700 Meadow Lane -
SU07 -09
Applicant: North Wirth Associates, LLP, Applicant
Address: 700 Meadow Lane
Purpose: To allow for the removal of an existing property line between two lots so the
building can utilize one address.
Hogeboom stated that the applicant is proposing to consolidate two of its parcels, currently
in a Planned Unit Development (PUD). He explained that originally there were two
separate buildings on each parcel but through some recent construction the buildings were
connected so it is now essentially one building on two parcels so the applicant would like
to combine the parcels. Also, the applicant would like to have one address and in order to
do that the parcels need to be combined into one lot. He added that since this property is a
PUD the applicant is also required to go through the Minor PUD Amendment process
which only requires City Council approval.
Cera asked if the Subdivision and Minor PUD Amendment are for the same issue.
Hogeboom said yes.
Minutes of the Golden Valley Planning Commission
July 12, 2010
Page 2
McCarty asked if the property will have an Olson Memorial Highway address or a Meadow
Lane address. Hogeboom said they would like to have a Meadow Lane address.
Lynnette Rothstein, 700 Meadow Lane North, Employee of Mortenson and Property
Manager for North Wirth Associates, stated they are looking to change their address to
700 Meadow Lane North because that is the headquarter address for Mortenson
Construction and they have over 80% of the building as a whole.
Keysser asked if the connection between the two buildings is a skyway. Rothstein
explained that the connection is an on-grade link with a tunnel underneath.
Keysser opened the public hearing. Seeing and hearing no one wishing to comment,
Keysser closed the public hearing.
Schmidgall said he has been in the construction industry for 30 years and has done many
projects with M.A. Mortenson. He holds the firm in very high regard and is inclined to
support this proposal.
MOVED by Eck, seconded by Schmidgall and motion carried unanimously to recommend
approval of a subdivision (Lot Consolidation) request to allow for the removal of an existing
property line between two lots so the building can utilize one address.
--Short Recess--
4. Reports on Meetings of the Housing and Redevelopment Authority, City Council,
Board of Zoning Appeals and other Meetings
Hogeboom gave an update on the upcoming Walgreens proposal. He stated that
Walgreens Conditional Use Permit and Subdivision (Lot Consolidation) applications will be
coming to the Planning Commission in August. Kluchka said he wants design standards
and sustainability/re-usability requirements in place before Walgreens goes through the
approval process.
Waldhauser discussed a special Council/Manager meeting she attended regarding
preliminary concepts for redesigning the Wirth Park/Beach area.
5. Other Business
Kluchka said he would like hearing notices that are sent to residents to provide more
information regarding issues the Planning Commission has been working on in the past
couple of years.
Waldhauser asked about the progress of the commercial landscape requirements that the
Planning Commission worked on a couple of years ago. She added that she would like the
City's landscaping regulations to include the planting of trees on commercial properties.
Hogeboom said he would talk with Environmental Coordinator AI Lundstrom and provide
an update to the Planning Commission.
Minutes of the Golden Valley Planning Commission
July 12, 2010
Page 3
6. Adjournment
The meeting was adjourned at 7:30 pm.
Lester Eck, Secretary
Minutes of a Regular Meeting of the
Golden Valley Board of Zoning Appeals
June 22, 2010
A regular meeting of the Golden Valley Board of Zoning Appeals was held on Tuesday,
June 22, 2010 at City Hall, 7800 Golden Valley Road, Golden Valley, Minnesota. Chair
Segelbaum called the meeting to order at 7 pm.
Those present were Members Kisch, Nelson, Segelbaum, Sell and Planning Commission
Representative McCarty. Also present were City Planner Joe Hogeboom and Administrative
Assistant Lisa Wittman.
I. Approval of Minutes - May 25, 2010
MOVED by Sell, seconded by Nelson and motion carried unanimously to approve the May
25, 2010 minutes as submitted.
II. The Petitions are:
2940 Kyle Ave N (10-06-03)
Pam Bauer, Applicant
Request: Waiver from Section 11.21, Subd. 11(A)(1) Front Yard Setback
Requirements
. 2 ft. off the required 30 ft. to a distance of 28 ft. at its closest point
to the front yard (east) property line.
Purpose: To allow for the construction of an open front porch.
Hogeboom explained the applicant's request to construct a roof (open front porch) over
the existing concrete steps. He noted that this property received a variance in 1981 in
order to construct a garage closer to the front yard property line than allowed. He
referred to photos of the property and explained that there is platted right-of-way for a
street along the north side of this property but there are no plans to construct a street in
this location. He stated that staff is recommending approval of this variance request
because of the proximity of the homes along Kyle Avenue to the road, there is no
impact to neighboring properties and the proposed open front porch will not protrude
any further toward the front yard property line than the current garage already does.
Kisch referred to the plans submitted by the applicant and questioned the dimensions of
the proposed porch and if the variance request should be different than what is shown
on the survey. Sell discussed the location of the existing garage and the way Kyle
Avenue angles in this location.
Hogeboom stated that the applicant is not in attendance and suggested that this item
be discussed again after the next agenda item.
Segelbaum opened the public hearing, seeing and hearing no one wishing to comment,
Segelbaum closed the public hearing.
Minutes of the Golden Valley Board of Zoning Appeals
June 22, 2010
Page 2
Kisch expressed concern about the plans being different than what is shown on the
survey. Nelson stated that she doesn't have any issues with the proposed porch but
agreed that there is confusion between the plans and the survey.
McCarty stated that the Board could vote on the variance as requested and the
applicant would just have to make the project work. Sell agreed and added that if the
Board approves the variance as requested and the applicant has difficulties with her
project she would have to come back to the Board with a different proposal.
Segelbaum said he would like more justification as to the hardship and why this
applicant needs a variance. Nelson noted that the existing garage already extends
further toward the front yard property line than the proposed porch would and the
proposed porch wouldn't be creating an impact to the neighboring properties.
McCarty said he is in favor of the variance request as it is stated on the agenda.
Segelbaum said he is also in favor of granting a variance for a 5-foot roof overhang in
order to cover the front steps.
MOVED by Kisch, seconded by Nelson and motion carried to table this request until the
end of the next agenda item in order to allow the applicant time to arrive
The applicant did not attend the meeting and the Board resumed discussion of her
variance request after the next agenda item.
Segelbaum said he is not in favor of voting on the variance request because the plans
are contradictory to the survey.
MOVED by Sell to table the request to the next Board of Zoning Appeals meeting to
allow the applicant to attend the meeting.
Nelson said she doesn't have a problem with voting on the variance request at this
meeting because she feels it is a legitimate and reasonable request. She said she
would support this proposal and if the applicant wants to build something different she
would have to come back to Board of Zoning Appeals with a different proposal. Kisch
. agreed and said he is comfortable with the variance as requested.
The motion to table the request was seconded by Segelbaum and was denied 3 to 2.
Sell and Segelbaum voted to table the request, Kisch, McCarty, Nelson voted not to
table the request.
MOVED by McCarty, seconded by Kisch and motion carried 3 to 2 to approve the
request for 2 ft. off the required 30 ft. to a distance of 28 ft. at its closest point to the
front yard (east) property line to allow for the construction of an open front porch. Kisch,
McCarty, Nelson voted yes. Segelbaum and Sell voted no.
Minutes of the Golden Valley Board of Zoning Appeals
June 22, 2010
Page 3
2530 Winnetka Avenue North (10-06-04)
Semper Development Ltd, Applicant
Request: Waiver from Section 11.30, Subd. 6(A) Yard Requirements
. 14.2 ft. off the required 35 ft. to a distance of 20.8 ft. at its closest
point to the front yard (west) property line.
Purpose: To allow for the construction of a Walgreens store.
Hogeboom stated that John Kohler from Semper Development is in attendance to discuss
a proposal from Walgreens to construct a 14, 490 square foot store at 2530 Winnetka
Avenue North. He explained that the Commercial Zoning District has a 35-foot front yard
setback requirement which is required to be maintained as green space. He referred to a
site plan and explained that the applicant is asking to construct the proposed new building
20.8 feet to the west property line along Winnetka Avenue. He added that no prior
variances have been obtained for this property and the applicant is also going through the
process to obtain a Conditional Use Permit and a Lot Consolidation. The lot consolidation
is necessary because the property currently consists of three separate lots that need to be
consolidated into one.
Hogeboom showed the Board a location map and photos of the property and stated that
as a part of Hennepin County's review they have noted a potential stacking issue with cars
turning westbound onto Medicine Lake Road and therefore the County will be taking
additional right-of-way along Winnetka as a part of the lot consolidation/subdivision
process.
Hogeboom stated that staff is recommending approval of this variance request because
the County is taking addition right-of-way, the proposed plan allows for a better site
configuration for parking and drive-thru traffic and it will enable the store to be more
"walkable" and accessible to pedestrians along Winnetka Avenue which is consistent with
the goals listed in the City's Comprehensive Plan.
Nelson noted that the existing building has several addresses and asked if the proposed
new Walgreens would have only one address. Hogeboom said yes, the new store will
have one address.
Segelbaum referred to the site plans and asked if they are taking into consideration the
property before or after the County's taking of additional right-of-way. Hogeboom stated
that the plans submitted show the property after the taking or as if the taking has already
occurred. Segelbaum asked how the plans would be different if the County weren't taking
any property. He asked about other designs for this proposal and questioned the
development process. Hogeboom stated that staff realizes this location has to be sensitive
to traffic issues. He explained that earlier designs of this project moved the building further
east to avoid variances but it made the site and the drive-thru area more dangerous.
Minutes of the Golden Valley Board of Zoning Appeals
June 22,2010
Page 4
McCarty questioned how moving the building further to the east would cause the drive-thru
to be more dangerous. Hogeboom explained that the stacking of cars was a concern in
previous plans and that City staff and County staff felt that this proposal is the preferred
plan because it allows the cars to move in a circular pattern and reduces the stacking of
cars.
John Kohler, Semper Development, showed the Board a site plan and discussed various
options of situating the building on the site. He said they think that this configuration is the
most "walkable" and the safest for cars and pedestrians.
Sell asked about the location of the drive-thru window and how many cars could stack in
the drive-thru lane. Kohler pointed out the location of the drive-thru window and stated that
there is room for three cars to stack. McCarty questioned why the drive-thru wouldn't work
in a different configuration if there are only two or three cars stacked in the drive-thru lane.
Kohler referred to the site plan and explained the internal traffic patterns in and out of the
drive-thru lane and explained how this proposed plan is safer than previously considered
plans.
McCarty asked if this Walgreens would be replacing the Walgreens near Byerly's. Kohler
said no.
Kisch asked Kohler to explain how much property is being taken by the County for
additional right-of-way. Kohler said the right-of-way varies from zero to nine feet along
Winnetka Avenue.
Segelbaum asked how much closer to Winnetka Avenue the proposed new building would
be versus the existing building. Kohler said it would be approximately 14 feet closer to
Winnetka Avenue than the existing building.
Kisch questioned the need for the access on the east side of the site and asked if it is a
necessary access or just a preferred alternative. Kohler explained that there is a 3D-foot
dedicated easement along the south side of the site that is part of this property. He stated
that it would also allow people to access the site from Rhode Island Avenue. He noted that
there is the obvious issue of the VFWs garage located in the easement but he feels that is
something that can be worked out with the VFW. Hogeboom added that the access issues
will be reviewed as part of the Subdivision process. He stated that the City's Fire and
Public Works Department prefer to have that third access on Rhode Island because it will
relieve some of the traffic on Winnetka Avenue.
Nelson questioned the hardship in this case. Kohler explained that they did come up with
a configuration that would work without the need for variances but they feel this plan is
better for safety, circulation and flow. He added that this plan also matches better the
goals in the City's Comprehensive Plan. He also stated that the taking by the County for
additional right-of-way is also creating a hardship.
Minutes of the Golden Valley Board of Zoning Appeals
June 22, 2010
Page 5
McCarty questioned the demographics of the pedestrians and said he thinks there would
be more pedestrians coming from the east than from Winnetka Avenue so it doesn't make
sense to him to move the building further toward Winnetka Avenue. Kohler agreed there
would be pedestrians coming from the east but noted they are trying to have the front of
the store be on a public sidewalk. He added that they would also be willing to add a
sidewalk along the east side of the property. McCarty said he doesn't understand how
"walkability" is an issue in this case.
Kisch questioned if the City has plans to study Winnetka Avenue, similar to what was done
in the Douglas Drive corridor. He said from a planning perspective it makes sense to
address street and sidewalk issues and to have an overriding plan for the area.
Segelbaum suggested the row of parking stalls along the east side of the building be
removed then the building could be shifted away from Winnetka Avenue and no longer
require a variance. Kohler stated the proposed plan is right at the correct number of
parking spaces required by City Code. Hogeboom stated that a variance would be
required if the number of parking stalls is reduced. Sell said he would rather grant a
variance to allow the building to come closer to a busy street than to give up any parking
spaces, especially since there are no residential properties nearby.
Segelbaum opened the public hearing.
Bill Norberg, 2525 Nevada Avenue North, member of the Golden Valley VFW, stated that
there is a garage located in the easement referred to earlier which has a valid building
permit. He said their attorney has stated they have a valid right to block access to that
easement area and he doesn't intend to give up that easement very easily because the
garage has been there for 21 years without issue. He questioned how there will be enough
room for semi trucks to make the corners or back out of this property. He said there is
going to be a tremendous change in traffic and all of the traffic going east is going to put
an undue hazard on the VFW parking lot. He said he was at the Walgreens on 42nd
Avenue in New Hope before this meeting and there were two drive-thru lanes with five
cars stacked. He added that Semper Development had purchase agreements with other
adjacent property owners which they could use and would allow them to follow the code
requirements.
Dennis Westly, 3020 Kilmer Lane, Plymouth, said he has driven semi trucks for 32 years
so he knows the trucks are going to use the alley/easement area because they aren't
going to be able to turn around. He stated that there is a lot of traffic and school buses
going in and out of Dover Hill and he is concerned about the maintenance of the
alley/easement road. He questioned why there are zoning laws if they don't have to be
followed. He stated that a building permit was obtained for the garage in 1989 and if there
was something wrong with it, something should have been done about it then.
Jim Neuberger, 2550 Winnetka Avenue North, said his main concern is all of the traffic.
He said people cut through his property on the corner a lot and he really doesn't see any
pedestrians on Winnetka.
Minutes of the Golden Valley Board of Zoning Appeals
June 22, 2010
Page 6
Sell asked who owns the driveway adjacent to Dairy Queen. Norberg, stated that the VFW
owns 10 feet and Dairy Queen owns 10 feet.
John Giese, 5545 Golden Valley Road, said there are some bad feelings toward Semper
Development because they came in with purchase agreements and the promise of
earnest money which was never paid to the VFW. He stated that the VFW gives the
community hundreds of thousands of dollars per year and when a resident tries to get a
14-foot variance they don't have much of a leg to stand on. He stated that perhaps
Semper Development could purchase the easement or move VFWs garage but any deal
needs to be workable, fair and honest.
Seeing and hearing no one else wishing to comment, Segelbaum closed the public
hearing.
Kisch said the issue before the Board is the variance request and the other issues
regarding the easements, etc will be decided by others. He questioned if the building could
be moved toward the east if the Conditional Use permit isn't granted. Hogeboom stated
that if the criteria in the Zoning Code regarding Conditional Use Permits are met then the
City is obligated to grant the Conditional Use Permit.
Kisch stated that the hardship in this case is the property being taken by the County for
additional right-of-way. He added that the applicant would probably need a variance even
if additional right-of-way wasn't being taken but this is a fairly large variance request. He
stated that this property is zoned Commercial and any business could come in with similar
traffic issues.
McCarty said he is not in favor of the proposed building being so close to Winnetka
Avenue. He said he'd be more, comfortable with the parking and the building being
switched on the site.
Sell asked about Hennepin County's process for taking right-of-way. Hogeboom stated
that as properties change Hennepin County takes the opportunity to obtain additional
right-of-way when it is needed.
Segelbaum said he thinks it is wonderful that Walgreens wants to develop in this location
but he still wants to balance it against what is best for the City. He said he would prefer if
Walgreens bought the entire corner because it would provide better access. He suggested
a reduction in the number of parking spaces thereby allowing the building to be moved
further east. McCarty agreed that there are other options and said he would like to see
them.
Sell expressed concern about other properties in the area requesting similar variances in
the future as uses change. Kisch agreed and stated that a variance for this property might
affect future decisions if the City decides to do a visioning study of the area. He said he
Minutes of the Golden Valley Board of Zoning Appeals
June 22,2010
Page 7
would also like to see other alternatives and that he would be more in favor of granting a
variance to reduce the required parking spaces instead of the variance being requested.
Segelbaum suggested amending the requested variance. McCarty said he is hesitant to
do that without seeing a new site plan. Nelson agreed. Kohler said he is concerned about
the timing of his other applications if this proposal is tabled.
Segelbaum said he is inclined to vote in favor of the requested variance. Nelson said she
feels like the Board of Zoning Appeals is just one piece of the puzzle. There are other
decisions to be made and she is concerned about the future impacts to other properties.
McCarty said he would like to vote on the proposal at this meeting and have the applicant
come back to the Board with a different plan if need be.
MOVED by Sell to table this variance request to the next Board of Zoning Appeals
meeting.
Kisch asked the applicant if he would like the Board to table this request. Kohler said he
would be willing to bring the Board a different plan showing fewer parking stalls because
he feels he is hearing that the Board may be open to granting a variance. Kisch stated that
if the applicant wants to keep the process moving forward maybe the Board should vote
on the variance as requested. McCarty said he thinks the City's parking requirements are
outdated and he would be flexible regarding the reduction in the number of parking stalls
but he is not comfortable having the proposed new building that close to Winnetka Ave.
The motion to table this variance request was seconded by Kisch and carried 3 to 2. Sell,
Kisch and Nelson voted to table the item, McCarty and Segelbaum voted not to table the
item.
III. Other Business
No other business was discussed.
IV. Adjournment
The meeting was adjourned at 9:04 pm.
GOLDEN VALLEY ENVIRONMENTAL COMMISSION
Regular Meeting
Minutes
June 28, 2010
Present: Commissioners, Anderson, Baker, Gitelis, Hill, Pawluk, Stremel and Utt; Joe
Hogeboom, City Planner, AI Lundstrom, Environmental Coordinator, Jeannine
Clancy, Public Works Director and Lisa Nesbitt, Administrative Assistant
1. Call to Order
Baker called the meeting to order at 7:00 pm.
2. Approval of Reaular Meetina Minutes - May 24. 2010
MOVED by Pawluk, seconded by Stremel, and the motion carried unanimously to approve
the minutes of the May 24, 2010 meeting.
3. Residential Solid Waste and Recyclina Study
Commissioners reviewed a summary of the study prepared by staff. The summary will
serve as a report to the Council and will be presented by Baker at the August
Council/Manager meeting. The commission's values and goals assessment report will be
added to the summary. The report will indicate that the commission is not prepared to make
a recommendation for or against organized hauling without public opinion, further contact
with haulers and investigation of other alternatives. The report will be revised and sent to
the commissioners for comment. Clancy reiterated the concern of the Assistant City
Attorney about continuing a long term study without adopting a resolution. A copy of the
final report will be sent to the Assistant City Attorney for review to insure that the next steps
are not in violation of the state statute.
4. Draft EAB Manaaement Plan
Lundstrom reviewed a draft of the Emerald Ash Borer (EAB) Management Plan. The
recommendation includes removal and replacement of public ash trees over a 15 year
period. Removal will take place outside of the growing season with half being contracted
and half being completed in-house. It was recommended that a paragraph be added to the
plan that addresses the pursuit for opportunities to replace as many of the trees removed
as possible.
Introduction of New Commissioner Karen Utt
Baker introduced new Commission member Karen Utt. She has been a resident of Golden
Valley since 1997. She is the Vice President of Advisory Services for Conservis and is an
expert in the area of GHG and carbon emissions accounting.
Minutes of the Environmental Commission
June 28,2010
Page 2 of 2
5. Proaram/Proiect Updates
A. TMDL - Wirth Lake high phosphorus level was determined to be from high
creek water. An outlet structure may be constructed to prevent the back flow
from happening.
B. III - Point of Sale has slowed slightly. Clancy reported that the Demand
Charge Task Force submitted a report to the MCES with recommendations to
extend the surcharge program and how to deal with communities that have
not adhered to the program. There will be a public hearing in July
C. Private Development Update - Walgreens is proposing a new building at
Medicine Lake Rd and Winnetka. Menards will be submitting plans to tear
down the existing building and re-build.
D. MPCA Progress Report - Baseline data is completed. The City received
grants to replace the lighting in two buildings and all the traffic signals.
6. Commission Member Council Reports
None
7. Other Business
The City is proposing to prohibit coal-tar based products due to the high levels of PAH.
Council has had the first reading of the ordinance.
8. Adiourn
MOVED by Stremel, seconded by Hill, and the motion carried to adjourn.
The meeting adjourned at 8:40 pm. The next scheduled meeting will be July 26, 2010 at
7:00 pm.
GOLDEN VALLEY HUMAN RIGHTS COMMISSION MEETING
Minutes from the Meeting of March 11, 2010
Members Present: Christopher Jordan, Marion Helland, Anne Dykstra, Roger McConico
and Debra Yahle.
Members Absent: Bob Hoyt and Jay Sandvik.
Staff Present: Chief Stacy Altonen.
The meeting was called to order by Chair Jordan at 7:00 pm.
APPROVAL OF AGENDA
There were no revisions to the agenda.
OPEN FORUM
There was no one present requesting to address the Commission.
CHAIRPERSON'S REPORT
APPROVAL OF MINUTES
Commissioner Dykstra moved to approve the minutes of the August 19, 2009 and
November 12, 2009 meetings; seconded by Commissioner Helland. The minutes were
approved by consensus.
OLD BUSINESS:
iNeiohbor Setup and Calendarino option for GVHRC
Commissioner Yahle advised she will explore the option of a calendar through iNeighbor
and will report on this topic at the next meeting.
COMMITTEE REPORTS
I. Executive Committee
Chair Jordan advised the executive meeting met in January. Chair Jordan
expressed interest in establishing a group e-mail list for the community to be able to
contact commissioners. Chief Altonen advised she will research this possibility.
Commissioner Dykstra inquired about reserving the Council Conference Room for
subcommittee meetings alld Chief Altonen advised the meeting room would be
available for these meetings.
Regular Meeting of the Human Rights Commission
March 11,2010
Page 2
II. Nomination and Governance Committee
There was nothing new to report from this committee. Commissioner McConico
inquired about recommending a new member to the commission. Chair Jordan
advised an application and brochure should be given to potential new members and
one could also be directed to the website for more information. Chief Altonen
advised nominations for commissioners are reviewed by City Council quarterly at
best.
III. League of Minnesota Human Rights Commission
Commissioner Helland advised a new board started in January and revised
orientation books were distributed to all members. The next meeting will be at
Brookview Community Center in Golden Valley on Saturday, March 2th. The topic
at the upcoming orientation meeting will be the history of the league- lessons
learned and highlights.
IV. Minnesota Department of Human Rights December 4th Conference
Golden Valley Human Rights commissioners did not attend the conference and
there was nothing to report.
V. Program Co mmittees
Human RiQhts Community Issues
Chief Altonen advised one issue was discussed with a victim of damage done to a
vehicle. The victim is involved in a same-sex relationship and felt the damage was
related to this relationship. It was soon discovered some juveniles had gone into an
underground garage and slashed the tires of 30+ vehicles so the victim had not been
specifically targeted for any specific reason. Chief Altonen advised victims of bias
crimes would be supplied information pertaining to bias crimes, victims' rights, etc. in
the event a bias crime occurred. This incident was not a bias crime as not evidence
exists to suggest it was. Commissioner McConico inquired if the juveniles lived in the
same complex where the tires had been slashed and Chief Altonen advised they
were tenants.
Census Proiect
The Census Project concluded January 31st and an awards and recognition
ceremony was held at the Brookview Community Center. Four of the five entrants
into the competition were from Breck and the other entrant was from Cooper High
School. Chair Jordan advised in the future a more proactive approach should be
initiated to encourage participation from other schools and districts. Commissioner
Dykstra advised the private schools have more flexibility to get involved in these
Regular Meeting of the Human Rights Commission
March 11,2010
Page 3
sorts of projects than public schools due to legislation that governs their agenda.
Commissioner Dykstra inquired if there was any money left for the census project
and Chair Jordan advised $1,063.20 was used of the $1,500.00 grant that was
approved.
Chair Jordan advised the posters entered into the census competition are displayed
in City Hall. The winners are listed on the city website and there is a link to the
projects that were entered. Chair Jordan thanks Commissioners Yahle and Helland
and Council Members Scanlon and Pentel for their assistance with the award
ceremony.
Share the Dream
Chair Jordan advised the event was held on February 2ih and was well received.
Chair Jordan expressed interest in hosting Share the Dream events throughout the
year, to include an outdoor movie night for the community. There was discussion
about giving certificates and thank you notes to volunteers who present or
participate in events in significant ways.
45th Anniversary of Golden Vallev HRC
Commissioner Helland advised she will begin planning an event for the summertime.
Chair Jordan expressed interest in helping out with the planning.
2010 Bill Hobbs Human Riahts Award
Chair Jordan advised three nominations were submitted for consideration and
copies were distributed to commissioners to review. The nomination for John
Mitchell was not considered for this award since the nomination requirements were
not met. Commissioner Dykstra moved to approve honoring as a founder of the
Golden Valley HRC as part of the 45th anniversary celebration of the commission
later in the year; seconded by Commissioner Helland. Motion carried unanimously.
Commissioners cast written ballots for the remaining two nominations, resulting in 3
votes for Tom Henderlite and 2 votes for Aljuan Hixon. Tom Henderlite will be
recognized at an upcoming city council meeting.
NEW BUSINESS
PROPOSED SCHEDULING OF BRAINSTORMING SESSION
Chair Jordan suggested a brainstorming session be part of the subcommittees' meeting on
April 8, 2010 at 7PM.
Regular Meeting of the Human Rights Commission
March 11, 2010
Page 4
NEXT MEETING
The next meeting is scheduled for Thursday, May 13th, beginning at 7PM.
ADJOURNMENT
Moved by Commissioner McConico, seconded by Commissioner Vahle to adjourn the
meeting at 8:12 pm.
~lley
POLICE CIVIL SERVICE COMMISSION
MEETING
7800 Golden Valley Road - Golden Valley, MN 55427
Monday, February 1,2010 - 4:30 PM
Public Safety Building Conference Room
MINUTES
Call to Order
Attendance/Roll Call
The meeting was called to order by Chair Kumagai at 4:35 PM. Present at the meeting
were Commissioners Gloria Kumagai and Ben Peterson; and Police Chief Stacy Altonen.
Commissioner Tanick arrived later.
Approval of Minutes of Auqust 5. 2009 and December 4. 2009
Commissioner Peterson moved to approve the meeting minutes of August 5, 2009 as
distributed; seconded by Chair Kumagai. The minutes were unanimously approved.
Commissioner Peterson proposed revisions to the December 4, 2009 meeting minutes:
1) Add: Commissioner Peterson asked if the hiring process was consistent with the
current Civil Service Commission approved process and Commander Gove stated it was.
2) Change: "commission member" to "commissioner" or "chair"
Commissioner Peterson moved to approve the December 4, 2009 minutes as amended;
seconded by Chair Kumagai. The amended December 4, 2009 minutes were unanimously
approved.
Staffinq Proiections for 2010
Chief Altonen advised an officer who had been in the FTO program since July resigned on
01/29/10. A new officer started on 02/01/10 and there is still one vacancy for police officer.
Chief Altonen advised police administration will review candidates this week and will make
a conditional offer soon. It is anticipated a new officer will begin in March.
Police Officer Recruitment/Selection Process Report
Chief Altonen advised the newest officer was hired off of the eligibility register which was
approved in December 2009. Chief Altonen stated there are three current community
service officers who qualify for application to the Promotional Police Officer Eligibility
Register. Police administration will meet this week to discuss hiring another candidate.
Police Civil Service Commission Meeting Minutes
February 1, 2010 - Page 2
Chiefs Report
Chief Altonen advised all 2009 department goals were met by June 2009: Traffic
enforcement was up 91 % over 2008; Electronic roll call technology was installed; Breck
School agreed to pay for the hiring of a sixth community service officer in exchange for
traffic direction assistance with morning and afternoon traffic issues; A sixth patrol sergeant
was added towards the end of 2009; and Patrol schedules were re-structured to diversify
shifts with officers of various years of experience.
Chief Altonen advised crime overall was up 1.5% from 2008 (though 2008 was a decrease
of 10% from 2007). There was an increase in theft from autos, auto thefts and commercial
burglaries, while residential burglaries were down 40%.
Chief Altonen advised a 6-week Citizen's Academy started last week and approximately 20
people are participating.
Election of Officers
Chair Kumagai advised per state law the commissioner in the last year of his/her term is
the designated chair of the commission. Commissioner Peterson nominated Commissioner
Tanick as Chair; seconded by Chair Kumagai. Commissioner Tanick was elected Chair for
2010 by consensus.
Commissioner Tanick nominated Commissioner Peterson as secretary; seconded by Chair
Kumagai. Commissioner Peterson was elected secretary for 2010 by consensus.
Other Business
Chief Altonen advised a patrol officer was given a one-day suspension for repeated policy
violations in October and incurred another policy violation before the suspension was
served. The officer failed a fitness for duty exam and was off for November and December.
The officer was cleared for duty in mid-January and served the one-day suspension. Under
progressive discipline, additional suspension days will be forthcoming as a result of the
policy violation in October.
Closinq Comments
Chair Kumagai thanked Chief Altonen for all of the good work done in 2009 and said Chief
Altonen's transparency is much appreciated. Commissioner Tanick stated he also
appreciates Chief Altonen's willingness to share information with commissioners.
Commissioner Peterson advised he has enjoyed his time on the commission and feels the
department is moving forward in a positive direction.
Chief Altonen thanked commissioners for their service and commitment to the city.
Police Civil Service Commission Meeting Minutes
February 1, 2010 - Page 3
Adiournment
Commissioner Tanick moved to adjourn the meeting; seconded by Commissioner
Peterson. he meeting was adjourned at 5:00 PM.
Respectfully submitted,
Ben Peterson, Secretary
GOLDEN VALLEY OPEN SPACE & RECREATION COMMISSION
Regular Meeting
Minutes
June 28, 2010
1. Call to Order
Sandler called the meeting to order at 5:30 p.m.
2. Roll Call
Present: Roger Bergman, Brad Kadue, Kelly Kuebelbeck, Bob Mattison, Emily
Piper, Anne Saffert, Jerry Sandler, Dan Steinberg, Linda Loomis, Mayor; Rick
Jacobson, Director of Parks and Recreation; Bert Tracy, Public Works
Maintenance Manager; and Sheila Van Sloun, Administrative Assistant.
3. Aaenda Chanaes or Additions
None made.
4. Approval of Minutes - Mav 24. 2010
MOVED by Mattison and seconded by Steinberg to approve the May 24 meeting
minutes. Motion carried unanimously.
5. Park and Open Space Tour
The Open Space and Recreation Commission visited the following parks and open
space areas: General Mills Nature Preserve, Lakeview Park, Golden Ridge Nature
Area, General Mills Research Nature Area, Medley Park, Wesley Park, Hampshire
Park, Wildwood Park/Olson School, Pennsylvania Woods, Honeywell Little League
Area, Sandburg Ball fields, St. Croix Park/Bassett Creek Trail, Scheid Park,
Briarwood Bird Sanctuary, Mary Hills Nature Area, Wirth Park, Davis Community
Center, Laurel Avenue Greenbelt, Lions Park, Western Avenue Marsh and
Brookview Park.
6. Adiournment
MOVED by Bergman and seconded by Steinberg to adjourn at 7:30 p.m. Motion
carried unanimously.
Envision Connection Project
Board of Directors Meeting Minutes
June 26,2010
Present: Helene Johnson, Linda Loomis, Philip Lund, Dean Penk, Marshall Tanick, Blair
Tremere and Luke Weisberg (GVCEF Representative)
Absent: Sharon Glover and Jim Heidelberg
Staff: Jeanne Andre
The meeting began at 9:25 am in the PRISM Conference Room.
Approval of Minutes
TanicklJohnson moved to approve the minutes of May 13, 2010, as presented. Motion
carried.
Envision Award
Dean Penk and Blair Tremere met prior to the meeting to review a new Envision Award
Nomination for Marion Helland. The subcommittee recommends forwarding the
nomination to the City Council, but asked that staff work with the nominator to enhance
the nomination narrative to focus on her work starting the Human Rights Commission and
conducting the essay contest that invited youth to consider human rights issues. The
Board concurred with this recommendation.
Proposed Community Foundation/Non-Profit
Dean Penk reported that the transition board has not met since its first meeting. His goal
is now to schedule a meeting in about a month and try and meet at least monthly to wind
up the work of the transitional board by the end of the year. He would like to have an
incorporation date of 1-1-11.
Grant Opportunities
Blair Tremere reported that he is working on a grant application to the Bassett Creek
Watershed Commission to sponsor buckthorn education. Jeanne Andre distributed
information on grant opportunities for community building activities. Bob Shaffer provided
information on the Philips Livable Cities Award, with a cash prize of $75,000 for the
winning submission. Other options are the new Minnesota Community Pride Competition
and the Tom's of Maine Fifty States for Good grants. A summary of these grant
opportunities will be distributed at the Bridge Builder Meeting.
Bridge Builders
The group deferred updates on Bridge Builder initiatives until the Quarterly Bridge Builder
Meeting following the meeting.
Valley Days
Philip Lund reported that the Valley Day turnout for the parade and evening dance was
the highest ever. The storm created a problem in the middle of the day, or turnout might
have been even higher. Luke Weisberg noted that the group needs to have a better
approach to dealing with hazardous weather. Next year the festival would like to highlight
the 125th anniversary of the City, but may consolidate to a one-day event centered at
Brookview. The Board has only had preliminary discussions on next year's event.
Envision Connection Project
Board of Directors Meeting Minutes
June 26, 2010 - Page 2
Communications
Jeanne Andre reported that the next CityNews will highlight some of the contributions of
local civic organizations to the community. She asked members to contribute ideas. She
reported that Northwest Community TV is providing digital video links on news topics.
These links can be attached to the City Web Site or could eventually be placed on
channel 16 before or after Council Meeting replays. Members suggested linking with
Perpich students to create more such video links about Bridge Builder activities.
Recruitment of Members to Executive Board
Lynn Gitalis and Liz Johnson, at the meeting to attend the upcoming Bridge Builder
Quarterly Meeting, indicated interest in knowing more about the Board. Jeanne Andre will
provide them further information.
125 Year Anniversary
Members discussed how to focus energy on anniversary events. Marshall Tanick noted
that he had been in contact with the Historical Society and it is willing to collaborate on
the planning for an event. Marshall Tanick decided he would spearhead a meeting to
invite community groups to be engaged in planning for an event or events. He will work
with Jeanne Andre to identify possible partners and call a meeting in early September to
seek collaborators. Possible activities already noted include rolling out the community
foundation, Valley Days, a school essay contest and a day of service.
Staffing Changes
Jeanne Andre reported that a new volunteer coordinator, working under the Recreation
Department, will soon be taking over as City liaison to the Connection Project. Jeanne will
continue with the City on a part-time basis working for the Housing and Redevelopment
Authority. This change will occur later this summer.
Future Meetings
The July meeting date was changed from July 15 to July 22.
At 10:15 the meeting adjourned to the Quarterly Bridge Builder Meeting.
Jeanne Andre, Assistant City Manager
R. DONALD J<EYSSER
8014 Olson Memorial Highway #444 I Minneapolis, MN I 55427
612-710-0995 I 763-525-1566 (fax) I DonKeysser@gmail.com
July 22, 2010
Dear Mayor Loomis and Council members Freiberg, Pentel, Scanlon and Shaffer:
Please accept my resignation from the Planning Commission, effective at your earliest
convenience. I can attend Commission meetings through September, and would prefer to
be off the Commission by October.
It has been a privilege serving the City as Planning Commissioner over the last eight years.
I want to extend three specific thanks. First, I want to thank you, as the elected leaders of
our community, for your consistent support of the Planning Commission. Second, I want to
thank my fellow Planning Commissioners. It has been a pleasure working with them and
learning from them. Third, I want to thank the planning staff. I have appreciated their
professionalism and competence, and their strong support of the Commission.
Thank you for allowing me this opportunity to serve the City of Golden Valley.
Sincerely yours,
R. DON KEYSSER
Cc: Planning Commissioners; Mark Grimes
alley
Memorandum
Planning
763-593-8095 I 763-593-8109 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
August 4, 2010
Agenda Item
3. F. Approval of One Year Extension for Filing of Plat for 100 Brunswick Avenue North -
Peter Miller, Applicant
Prepared By
Mark Grimes, Director of Planning and Development
Summary
Peter Miller, applicant, has requested an extension for final plat approval for the minor
subdivision of 100 Brunswick Avenue North to August 12, 2011. The applicant still intends to
subdivide the property however market conditions have affected the sale of the properties.
On February 16, 2010 the City Council approved the preliminary plat to allow splitting the
property into two new lots. Per City Code, the final plat must be approved within 180 days of
preliminary plat approval. An extension to this timeframe would allow the applicant to move
forward with this project.
Attachment
Location Map (1 page)
Email from Peter Miller, dated June 30, 2010 (1 page)
Recommended Action
Motion to approve an extension until August 12, 2011 to submit the final plat for 100
Brunswick Avenue North.
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Subject Property:
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28
Wittman. Lisa
From:
Sent:
To:
Subject:
Attachments:
pjm_1 OO@comcast.net
Wednesday, June 30,201010:13 PM
Wittman, Lisa
RE: Final Plat Approval
image001.jpg
I do plan to request an extension. I will begin the process.
Thanks Lisa.
Peter Miller
From: Wittman, Lisa [mailto:LWittman@ci.golden-valley.mn.us]
Sent: Wednesday, June 30, 20101:52 PM
To: pjm_100@comcast.net
Subject: Final Plat Approval
Hello,
On February 16, 2010 the City Council gave Preliminary Plat approval for the subdivision of your property at 100
Brunswick Ave. N. According to City Code you have 6 months to obtain Final Plat approval. We are approaching that
deadline and I need to know if you are intending on asking the Council for an extension to that deadline. If you would like
to ask the Council for an extension to submit your Plat please send me a letter or email requesting another extension and
a check for $125 and I will get you on the soonest possible agenda. If you have any questions, please feel free to call me.
Thanks,
Lisa
Lisa Wittman I Administrative Assistant I City of Golden Valley
7800 Golden Valley Road I Golden Valley, MN 55427 I 763-593-3992 I 763-593-8109 (Fax) I 763-593-3968 (TTY)
Iwittman@ci.f!:olden-vallev.mn.us
tlOlC0rtValley
1
alley
Memorandum
Public Works
763-593-8030 I 763-593-3988 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
August 4, 2010
Agenda Item
3. G. Agreement for the Energy, Efficiency, and Conservation Block Grant Program funded
by the American Reinvestment and Recovery Act
Prepared By
Jeannine Clancy, Director of Public Works
Mitchell Hoeft, Engineer
Summary
On January 19, 2010, Council authorized staff to prepare an application for the Energy,
Efficiency, and Conservation Block Grant for funds available through the Minnesota
Department of Commerce. The purpose of this grant program is to compensate public entities
for implementing energy efficient changes within their respective jurisdictions.
The City has been awarded $53,252 to complete three projects. These projects include
retrofitting existing lighting with LED lighting in the park maintenance and vehicle
maintenance buildings, and exchanging all incandescent traffic signals to LED signals at the
14 state-owned traffic signal intersections located within the City. Even though these signals
are owned by MnDOT, the City of Golden Valley is contractually obligated to pay all electricity
costs associated with these signals.
The grant requires a $10,083 dollar match from the City to complete this project. The City
currently has funding included in the 2010-2014 Capital Improvement Program (Project B-
025, page 52) and Traffic Control (1425-6382) to cover this cost; however, at the completion
of the project, staff will apply for a rebate from Xcel Energy to reimburse the City for its costs.
The City is required to enter into a contract with the Minnesota Department of Commerce for
the project. The project will start as soon as the City gets a fully executed copy of the contract
from the Minnesota Department of Commerce and is scheduled to be completed by March 31,
2011.
Attachments
Resolution Authorizing Grant Contract Between the State of Minnesota, Acting Through its
Commissioner of Commerce, and the City of Golden Valley for the Energy, Efficiency, and
Conservation Block Grant Program Funded by the American Reinvestment and Recovery
Act (1 page)
State of Minnesota Grant Contract (14 pages)
Recommended Action
Motion to adopt Resolution Authorizing Grant Contract between the State of Minnesota,
Acting Through its Commissioner of Commerce, and the City of Golden Valley for the Energy,
Efficiency, and Conservation Block Grant Program Funded by the American Reinvestment
and Recovery Act.
Resolution 10-41 August 4, 2010
Member introduced the following resolution and moved its adoption:
RESOLUTION AUTHORIZING GRANT CONTRACT BETWEEN THE
STATE OF MINNESOTA, ACTING THROUGH ITS COMMISSIONER OF COMMERCE,
AND THE CITY OF GOLDEN VALLEY FOR THE ENERGY, EFFICIENCY,
AND CONSERVATION BLOCK GRANT PROGRAM FUNDED BY THE
AMERICAN REINVESTMENT AND RECOVERY ACT
WHEREAS, the City of Golden Valley submitted an application to the Minnesota
Department of Commerce Office of Energy Security for the installation of energy efficient
fixtures throughout City owned facilities and cooperatively maintained traffic signals; and
NOW, THEREFORE, BE IT RESOLVED, that Linda R. Loomis, Mayor of the City of
Golden Valley, and Thomas D. Burt, City Manager, are hereby authorized and directed for
and on behalf of the City to execute and enter into an agreement with the Minnesota
Department of Commerce prescribing to the terms and conditions of said grant contract
included as 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.
STATE OF MINNESOTA
GRANT CONTRACT
This grant contraCt is between the State of Minnesota, acting through its commissioner of Commerce ("State") and City of
Golden Valley, 7800 Golden Valley Rd., Golden Valley, MN 55427 ("Grantee").
Recitals
1. Under Minnesota Statute g216C.02 Subdivision 1, the State is empowered to enter into this grant.
2. The State is in need of assistance in the promotion of renewable energy resources.
3. The Grantee represents that it is duly qualified and agrees to perform all services described in this grant contract to the
satisfaction of the State.
Grant Contract
1 Term,of Grant Contract
1.1 Effective date: 07/26/2010, or the date the State obtains all required signatures under Minnesota Statutes Section
16C.05, subdivision 2, whichever is later.
The Grantee must not begin work under this grant contract until this contract is fully executed and the
Grantee has been notified by the S~ate's Authorized Representative to begin the work.
1.2 Expiration date: 03/31/2011, or until all obligations have been satisfactorily fulfilled, whichever occurs first.
1.3 Survival of Terms. The following clauses survive the expiration or cancellation of this grant contract: 8. Liability;
9. State Audits; 10. Government Data Practices and Intellectual Property; 12. Publicity and Endorsement; 13.
Governing Law, Jurisdiction, and Venue; and 15. Data Disclosure; and Exhibit A, Section C.
2 Grantee's Duties
The Grantee, who is not a state employee, will execute the duties set forth in Exhibit A, incorporated herein by
reference.
3 Time
The Grantee must comply with all the time requirements described in this grant contract. In the performance of this
grant contract, time is of the essence.
4 Consideration and Payment
4.1. Consideration. The State will pay for all services performed by the Grantee under this grant contract as follows:
4.1.1. Compensation. The Grantee will be paid the lesser of Fifty Three Thousand Two Hundred Fifty Two
dollars ($53,252.00) or Eighty Four and Eight Hundredths percent (84.08%) of actual eligible costs
incurred in the performance of the Grantee's duties according to the breakdown of costs contained in the
grant budget (Exhibit B) which is attached to and incorporated into this grant contract.
4.1.2. Travel Expenses. Reimbursement for travel and subsistence expenses actually and necessarily incurred by
the Grantee as a result of this grant contract will not exceed Zero dollars ($ 0.00); provided that the
Grantee will be reimbursed for travel and subsistence expenses in the same manner and in no greater
amount than provided in the current "Commissioner's Plan" promulgated by the commissioner of
Employee Relations. The Grantee will not be reimbursed for travel and subsistence expenses incurred
outside Minnesota unless it has received the State's prior written approval for out of state travel.
Minnesota will be considered the home state for determining whether travel is out of state.
4.2. Total Ohligation. The total obligation of the State for all compensation and reimbursements to the Grantee under
this grant contract will not exceed Fifty Three Thousand Two Hundred Fifty Two dollars ($53,252.00) or
Eighty Four and Eight Hundredths percent (84.08%) of the total actual, eligible costs incurred in the
performance ofthe Grantee's duties' specified in Exhibit A.
4.3. Matching Requirements. The Grantee certifies that the following matching requirement for the grant contract
will be met by Grantee: No less than Fifteen and Ninety Two Hundredths percent (15.92%) of the total actual,
eligible costs incurred in the performance of the Grantee's duties specified in Exhibit A.
G-City of Golden Valley - Commerce
Grant (Rev. 11/08)
4.4. Payment
4.4.1. Invoices. The State will promptly pay the Grantee after the Grantee presents an itemized invoice for the
services actually performed and the State's Authorized Representative accepts the invoiced services.
Invoices must be submitted timely and according to the schedule as outlined in Exhibit A.
4.4.2. Federal funds. Payments under this grant contract will be made frO:tlJ, federal funds obtained by the State
through Title ill, part D, of the Energy Policy and Conservation Act (42 U.S.C. 6321 et seq. and
amendments thereto; CFDA No. 81.128. Payments under this grant contract also include funding from
the American Recovery and Reinvestment Act of 2009 (ARRA). The Grantee is responsible for
compliance with all federal requirements imposed on these funds and accepts full financial responsibility
for any requirements imposed by the Grantee's failure to comply with federal requirements.
5 Conditions of Payment
All services provided by the Grantee under this grant contract must be performed to the State's satisfaction, as
determined at the sole discretion of the State's. Authorized Representative and in accordance with all applicable federal,
state, and local laws, ordinances, rules, and regulations. The Grantee will not receive payment for work found by the
State to be unsatisfactory or performed in violation offedera1, state, or local law.
6 Authorized Representative
The State's Authorized Representative is Abby Finis, Energy Programs Specialist, 651-296-6205, or her successor,
and has the responsibility to monitorihe Grantee's performance and the authority to accept the services provided under
this grant contract. If the services are satisfactory, the State's Authorized Representative will certify acceptance on
each invoice submitted for payment.
The Grantee's Authorized Representative is Mitchel Hoeft, Graduate Engineer, 763-593-3961, or his successor. If the
Grantee's Authorized Representative changes at any time during this grant contract, the Grantee must immediately
notify the State.
7 Assignment, Amendments, Waiver, and Grant Contract Complete
7.1 Assignment. The Grantee may neither assign nor transfer any rights or obligations under this grant contract
without the prior consent of the State and a fully executed Assignment Agreement, executed and approved by the
same parties who executed and approved this grant contract, or their successors in office.
7.2 Amendments. Any amendment to this grant contract must be in writing and will not be effective until it has been
executed and approved by the same parties who executed and approved the original grant contract, or their
successors in office.
7.3 Waiver. If the State fails to enforce any provision of this grant contract,Jhat failure does not waive the provision
or its right to enforce it.
7.4 Grant Contract Complete. This grant contract contains all negotiations and agreements between the State and
the Grantee. No other understanding regarding this grant contract, whether written or oral, may be used to bind
either party.
8 Liability
The Grantee must indemnify, save, and hold the State, its agents, and employees harmless from any claims or causes of
action, including attorney's fees incurred by the State, arising from the performance ohhis grant contract by the
Grantee or the Grantee's agents or employees. This clause will not be construed to bar any legal remedies the Grantee
may have for the State's failure to fulfill its obligations under this grant contract.
9 State Audits
Under Minn. Stat. g16C.05, subd. 5, the Grantee's books, records, documents, and accounting procedures and practices
relevant to this grant contract are subject to examination by the State and/or the State Auditor or Legislative Auditor, as
appropriate, for a minimum of six years from the end of this grant contract. .
G-City of Golden Valley - Commerce
Grant (Rev. 11/08)
2
10 Government Data Practices and Intellectual Property
10.1. Government Data Practices. The Grantee and State must comply with the Minnesota Government Data
Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by the State under this grant contract, and as it
applies to all data created, collected, received, stored, used, maintained, or disseminated by the Grantee under this
grant contract. The civil remedies of Minn. Stat. S 13.08 apply to the release of the data referred to in this clause
by either the Grantee or the State.
If the Grantee receives a request to release the data referred to in this Clause, the Grantee must immediately
notify the State. The State will give the Grantee instructions concerning the release of the data to the requesting
party before the data is released.
10.2. Intellectual Property Rights. GRANTEE represents and warrants that materials produced or used under this
grant contract do not and will not infringe upon any intellectual property rights of another, including but not
limited to patents, copyrights, trade secrets, trade names, and service marks and names. GRANTEE shall
indemnify and defend the STATE, at GRANTEE's expense, from any action or claim brought against the STATE
to the extent that it is based on a claim that all or part of the materials infringe upon the intellectual property
rights of another. GRANTEE shall be responsible for payment of any and all such claims, demands, obligations,
liabilities, costs, and damages including, but not limited to reasonable attorneys' fees arising out of this grant
contract, amendments and supplements thereto, which are attributable to such claims or actions.
If such a claim or action arises, or in GRANTEE's or the STATE's opinion is likely to arise, GRANTEE shall, at
the STATE's discretion, either procure for the STATE the right or license to continue using the materials at issue
or replace or modify the allegedly infringing materials. This remedy shall be in addition to and shall not be
exclusive to other remedies provided by law.
11 Workers' Compensation
The Grantee certifies that it is in compliance with Minn. Stat. S 176.181, subd. 2, pertaining to workers' compensation
insurance coverage. The Grantee's employees and agents will not be considered State employees. Any claims that
may arise under the Minnesota Workers' Compensation Act on behalf of these employees and any claims made by any
third party as a consequence of any act or omission on the part of these employees are in no way the State's obligation
or responsibility.
12 Publicity and Endorsement
12.1. Publicity. Any publicity regarding the subject matter of this grant contract must identify the State as the
sponsoring agency and must not be released without prior written approval from the State's Authorized
Representative. For purposes of this provision, publicity includes notices, informational pamphlets, press
releases, research, reports, signs, and similar public notices prepared by or for the Grantee individually or jointly
with others, or any subcontractors, with respect to the program, publications, or services provided resulting from
this grant contract.
12.2. Endorsement. The Grantee must not claim that the State endorses its products or services.
13 Governing Law, Jurisdiction, and Venue
Minnesota law, without regard to its choice-of-law provisions, governs this grant contract. Venue for all legal
proceedings out of this grant contract, or its breach, must be in the appropriate state or federal court with competent
jurisdiction in Ramsey County, Minnesota.
14 Termination
14.1 Termination by the STATE. The STATE may cancel this grant contract at anytime, with or without cause, upon
30 days written notice to the GRANTEE. Upon termination, the GRANTEE will be entitled to payment,
determined on a pro rata basis, for services satisfactorily performed.
G-City of Golden Valley - Commerce
Grant (Rev. ll/08)
3
14.2 Terminationfor Cause. The STATE may cancel this Grant Contract iminediate1y if the STATE finds that there
has been a failure to comply with the provisions of this Grant Contract, that reasonable progress has not been
made or that the purposes for which the funds were granted have not been or will not be fulfilled. The STATE
may take action to protect the interests of the State of Minnesota, including the refusal to disburse additional
funds and requiring the return of all or part of the funds already disbursed.
14.3 Termination for Insufficient Funding. The State may immediately terminate this Grant Contract if: 1) funding
for Grant No. DE-EE0000757 is withdrawn by the US Department of Energy; 2) it does not obtain funding from
the Minnesota Legislature, or other funding source; or 3) if funding cannot be continued at a level sufficient to
allow for the payment of the services covered here. Tennination must be by written or fax notice to the Grantee.
The State is not obligated to pay for any services that are provided after notice and effective date oftermination.
However, the Grantee will be entitled to payment, detennined on a pro rata basis, for services satisfactorily
performed to the extent that funds are available. The State will not be assessed any penalty if the Grant Contract
is tenninated because of the decision of the Minnesota Legislature, or other funding source, not to appropriate
funds. The State must provide the Grantee notice of the lack of funding within a reasonable time ofthe State's
receiving that notice.
15 Data Disclosure
Under Minn. Stat. ~ 270C.65, Subd. 3, and other applicable law, the Grantee consents to disclosure of its social
security number, federal employer tax identification number, and/or Minnesota tax identification number, already
provided to the State, to federal and state tax agencies and state personnel involved in the payment of state obligations.
These identification numbers may be used in the enforcement of federal and state tax laws which could result in action
requiring the Grantee to file state tax returns and pay delinquent state tax liabilities, if any.
16 Davis-Bacon Act (DBA) Requirements
Section 1606 of ARRA requires that all laborers and mechanics employed by contractors and subcontractors on
construction, alteration, or repair projects funded directly by or assisted in whole or in part by ARRA Funds shall be
paid wages at rates not less than those prevailing on projects of a similar character in the locality as determined by the
Secretary of Labor in accordance with subchapter IV of chapter 31 oftitle 40, United States Code). Pursuant to
Reorganization Plan No. 14 and the Copeland Act, 40 USC 3145, the United States Department of Labor has issued
regulations 29 CFR Parts 1, 3, and 5 to implement the Davis-Bacon and related Acts. Wage determinations can be
found at: www.wdol.gov and additional information on DBA Requirements can be found at: www.dol.szov/esa/whd.
This contract does not explicitly or implicitly require that a scope of work proposed to satisfy the outcomes of the
Grantee's Program must include activities of a nature and scope that require DBA compliance. However, if proposed
work includes such activities, the state will hold the Grantee responsible for all federal requirements involving DBA
wages and reporting. It is the responsibility of the Grantee to detennine if DBA wages will apply to their program.
17 Waste Management Plan
The Grantee is required to comply with all Federal, state and local regulations for waste disposal for projects funded
through the Grantee's program. Loan recipients must address waste generated by the project, if applicable, and describe
the plan to dispose of any sanitary or hazardous waste (e.g., construction and demolition debris, old light bulbs, lead
paint, lead ballasts, piping, roofing material, discarded equipment, debris, and asbestos) generated as a result of the
project.
G-City of Golden Valley - Commerce
Grant (Rev. 11/08)
4
18 Compliance with National llistoric Preservation Act
Prior to the expenditure of federal funds, if applicable, proj ects must be evaluated to determine if they are subject to
review under Section 106 of the National Historic Preservation Act (NHPA) of 1966 (36CFR 800). Section 106 applies
to projects that may affect properties listed in or eligible for listing in the National Register of Historic Places.
Properties meeting the following criteria will be subject to Section 106 review:
c Is at least 45 years old; and
o Listed in or eligible for listing in the NRHP (either individually or as part of a district);
o Any project involving ground disturbing activity (excavation, utility installation, etc.).
It is the responsibility of the Grantee to provide information needed to complete the Section 106 evaluation. Intentional
efforts to circumvent these requirements by altering or damaging a historic property that is a candidate for federal grant
funding will be construed as "anticipatory demolition" as defmed in section 11 Ok of the NHP A as follows:
Section 110 [16 U.S. C. 470h-2(k) - Anticipatory demolition}; (k) Each Federal agency shall ensure that the agency
will not grant a loan, loan guarantee, permit, license, or other assistance to an applicant who, with intent to avoid the
requirements of section 106 of this Act, has intentionally significantly adversely affected a historic property to which
the grant would relate, or having legal power to prevent it, allowed such significant adverse effect to occur, unless the
agency, after consultation with the [Advisory Council on Historic Preservation], determines that circumstances justify
granting such assistance despite the adverse effect created or permitted by the applicant.
Initiating a grant funded proj ect before reviews required under Section 106 of the NHP A have been completed may
cause significant delays in the release of grant funds, require negotiated mitigation, or result in an outright loss of
federal funding.
19 Disadvantaged Business Enterprises
Projects funded in whole or in part from funds received by the Grantee directly from this grant contract must, to the
extent practicable, ensure that bidding contractors are qualified and participate in available apprentice and training
programs for all work performed. Bidding for contracts must, to the extent practicable, use the process established in
Minnesota Statutes, section 16C.16, subdivision 4,5,6 and 7, except that subdivision 12 does not apply.
20 Buy American
The Grantee confirms that, if applicable, it is in compliance with the Buy American provision in the American
Reinvestment and Recovery Act of2009 (ARRA) (Section 1605 of Title XI) which directs that, subject to certain
exceptions, no funds appropriated or otherwise made available for a project may be used for the cons~ction,
alteration, maintenance, or repair of a public building or public work unless all the iron, steel, and manufactured goods
used are produced in the United States.
A Grantee requesting a determination regarding the inapplicability of the Buy American restrictions for lack of quantity
or quality, increase of cost ofthe project by more than 25 percent, or inconsistency with the public interest, must be
submitted to the State prior to the execution of the grant agreement. The prospective Grantee shall include the
information and applicable supporting data required by 2 CFR l76.140( c) and (d) in the request. Exceptions must be
approved by the State and the United States Department of Energy.
Additional information, including category exclusions and exceptions, on Buy American can be found at:
wwwl.eere.energy.gov/recovery/buy_americanyrovision.html.
G-City of Golden Valley - Commerce
Grant (Rev. 11/08)
5
21 Reporting
Section 1512 of the American Recovery and Reinvestment Act of 2009 (ARRA) states recipients of "Recovery Act
funds must comply with the extensive reporting requirements." The GRANTEE must submit progress reports detailing
the progress and tasks completed of the grant agreement funded in whole, or in part, with ARRA funding including
percent of project completion to the STATE by the 5th day of each month for the preceding month's work. If a
GRANTEE does not comply with this requirement the STATE reserves the right to withhold funding.
1. STATE ENCUMBRANCE VERIFICATION
Individual certifies thatfimds have been encumbered as
Required by Minn. Stat. H 16A.l5 and 16C.05
\ /' / . , -
Signed:" , ...?-/~" ' ,L. . " )
'/ /' ,. . ,?7.:---.. ~>'
Datl. I ~/ j
z!.5//0
CFMS: 2?7'~>> V
3. MN DEPARTMENT OF COMMERCE
Individual certifies thatfimds have been encumbered as
required by Minn. Stat. H 16A15 and 16C.05.
By:
Title:
Date:
2. CITY OF GOLDEN VALLEY
The Grantee certifies that the appropriate person(s) have executed the
grant contract on behalf of the Grantee as required by applicable
alticles, bylaws, resolutions, or ordinances.
By:
Distribution:
MN Dept. of Commerce, Accounting Dept.
Grantee
State's Authorized Representative (copy)
Title:
Date:
By:
Title:
Date:
G-City of Golden Valley - Commerce
Grant (Rev. 11/08)
6
Exhibit A
GRANTEE'S DUTIES
A. GRANTEE shall do all things necessary to complete the following tasks:
1
Gr~:n,t 1V,la,(ch Total End Date
$ 9,875 $ 5,087 $ 14,962 03/31/11
2
$ 9,700 $ 4,996 $ 14,696
03/31/11
3
![ij!3J C(j$t .
$ 33,677
$. ~a,4$i.
$ 0
$10,083
$ 33,677
$(j$~p3S
03/31/11
B. Eligible Costs
Eligible costs include necessary and reasonable costs incurred for subcontractors to:
1. Design, acquire, install and commission measures specified in Table I; and
2. Remove, store, transport and dispose of waste materials generated.
Eligible costs include actual costs incurred by subcontractors. Other expenses may be eligible only if pre-approved in
writing by the State's Authorized Representative. Please note: A DUNS number is required for any subcontractor
receiving direct funding from this grant agreement totaling $25,000 or more.
C. Payments-Reports
Grantee shall submit monthly progress reports and payment requests for reimbursement of eligible costs incurred not
later than the 5th day of each month for the preceding month's work. Grantee shall submit progress reports and
payment requests on the form provided as Exhibit B of this grant agreement.
Grantee further agrees to maintain and provide energy consumption data for the building being improved through the
B3 public building benchmarking database by:
a) entering base line data for the year prior to the grant agreement; and
b) entering monthly data for a period of three years after the energy efficiency improvements( s) have been made.
D. Acceptance Testing Documentation (If Applicable)
Grantee shall submit to Office of Energy Security (OES) acceptance testing documentation required by Minnesota
Rules Part 1323.0672, Subpart 3, for modifications to heating, ventilating and/or air conditioning systems. Final
reimbursement for these types of modifications will not be made until the acceptance testing documentation is received
by OES.
E. Promotional Materials
All promotional and informational materials distributed by or for the Grantee shall contain the following statement:
"This project was made possible by a grant from the U.S. Department of Energy and the Minnesota Department of
Commerce through the American Recovery and Reinvestment Act of 2009 (ARRA)," unless this requirement is waived
in writing by the State.
G-City of Golden Valley - Commerce
Grant (Rev. 11/08)
7
Exhibit B
SAMPLE ONLY
.~~;; ~~~
~~,~
Date:
85 7,h Place East. Sui,e 500. S,. Paul. MN 55101-2198
main: 651.296.4026 "r' 651.296.2860 fax: 651.297.7891
www.energy.m.n..go,'
MONTHLY GRANT PROGRESS REPORT AND PAYMENT REQUEST
Progress Report and Payment Request GRANTEE: City of Golden Valley Grant %
Reporting CFMS# Match %
84~080%
15.920%
~~~n~1;.w;'ii~1l~~~f!Vn+R4,Ef~~~~~lffi~~m1'm1R(,~i~'~~~t1~9j~~~~~'1;!~~!~~:S;~~t;?~>~:'
Item
#
Approved Measure
Estimated
Cost
Bid
Cost
Total Cost
To Date
Retainage Total Cost
Minus Retainage
Grant
Eligible
Grant Funds
Paid to Date
Grant Funds
Requested for
This Period
Approved Measure
labor Hrs
Previously
Reported
$
1.1 Replace 55 lighting fixtures $ 14,962
2.1 Replace 169 lighting fixtures $ 14,696
3.1 Convert traffic signals to LED at 14 intersections $ 33,677
TotalS . 63t~35 $
Item
#
Labor Hrs
for
This Period
Total
Labor Hrs
2.1
Replace S5 lighting fixtures
Replace 169 lighting fixtures.
Certification
I certify that, to the best of my knowledge, the information provided herein is true.
1.1
Signature:
3.1 Convert traffic signals to LED at 14 intersections
Name:
Title:
Date:
i"""~""-~ ,,' ~~:~',,~~"'~ ",,~,',.~,'.,' ,.~"
Total
G-City of Golden Valley - Commerce
Grant (Rev. 11108)
8
Exhibit C
Clause I. Davis Bacon Act and Contract Work Hours and Safety Standards Act.
Definitions: For purposes of this clause, Clause I, Davis Bacon Act and Contract Work Hours and Safety Standards Act,
the following definitions are applicable:
(1) "Award" means any grailt, cooperative agreement or technology investment agreement made with Recovery
Act funds by the Department of Energy (DOE) to a Recipient. Such Award must require compliance with the
labor standards clauses and wage rate requirements of the Davis-Bacon Act (DBA) for work performed by all
laborers and mechanics employed by Recipients (other than a unit of State or local government whose own
employees perform the construction) Subrecipients, Contractors, and subcontractors.
(2) "Contractor" means an entity that enters into a Contract. For purposes of these clauses, Contractor shall
include (as applicable) prime contractors, Recipients, Subrecipients, and Recipients' or Subrecipients'
contractors, subcontractors, and lower-tier subcontractors. "Contractor" does not mean a unit of State or local
government where construction is performed by its own employees."
(3) "Contract" means a contract executed by a Recipient, Subrecipient, prime contractor, or any tier
subcontractor for construction, alteration, or repair. It may also mean (as applicable) (i) fmancial assistance
instruments such as grants, cooperative agreements, technology investment agreements, and loans; and, (ii) Sub
awards, contracts and subcontracts issued under financial assistance agreements. "Contract" does not mean a
financial assistance instrument with a unit of State or local government where construction is performed by its
own employees.
(4) "Contracting Officer" means the DOE official authorized to execute an Award on behalf of DOE and who is
responsible for the business management and non-program aspects of the financial assistance process.
(5) "Recipient" means any entity other than an individual that receives an Award of Federal funds in the form
of a grant, cooperative agreement, or technology investment agreement directly from the Federal Government
and is financially accountable for the use of any DOE funds or property, and is legally responsible for carrying
out the terms and conditions of the program and Award.
(6) "Subaward" means an award offmancial assistance in the form of money, or property in lieu of money,
made under an award by a Recipient to an eligible Subrecipient or by a Subrecipient to a lower-tier
subrecipient. The term includes financial assistance when provided by any legal agreement, even if the
agreement is called a contract, but does not include the Recipient's procurement of goods and services to carry
out the program nor does it include any form of assistance which is excluded from the defmition of "Award"
above.
(7) "Subrecipient" means a non-Federal entity that expends Federal funds received from a Recipient to carry
out a Federal program, but does not include an individual that is a beneficiary of such a program.
(a) Davis Bacon Act
(1) Minimum wages.
(i) A1llaborers and mechanics employed or working upon the site of the work (or under the United States
Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project),
will be paid unconditionally and not less often than once a week, and, without subsequent deduction or
rebate on any account (except such payroll deductions as are permitted by regulations issued by the
Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe
benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those
contained in the wage determination of the Secretary of Labor which is attached hereto and made a part
hereof, regardless of any contractual relationship which may be alleged to exist between the Contractor and
such laborers and mechanics.
Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the
Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or
mechanics, subject to the provisions of paragraph (a)(l )(iv) of this section; also, regular contributions made
G-City of Golden Valley - Commerce 9
Grant (Rev. 11/08)
or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or
programs which cover the particular weekly period, are deemed to be constructively made or incurred
during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe
benefits on the wage determination for the classification of work actually performed, without regard to skill,
except as provided in S 5.5(a)(4). Laborers or mechanics performing work in more than one classification
may be compensated at the rate specified for each classification for the time actually worked therein,
provided that the employer's payroll records accurately set forth the time spent in each classification in
which work is performed. The wage determination (including any additional classification and wage rates
conformed under paragraph (a)(l)(ii) of this section) and the Davis-Bacon poster (WH-1321) shall be
posted at all times by the Contractor and its subcontractors at the site of the work in a prominent and
accessible place where it can be easily seen by the workers.
(ii)(A) The Contracting Officer shall require that any class oflaborers or mechanics, including helpers,
which is not listed in the wage determination and which is to be employed under the Contract shall be
classified ill conformance with the wage determination. The Contracting Officer shall approve an additional
classification and wage rate and fringe benefits therefQre only when the following criteria have been met:
(1) The work to be performed by the classification requested is not performed by a classification in the wage
determination;
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the
wage rates contained in the wage determination.
(B) If the Contractor and the laborers and mechanics to be employed in the classification (ifknown), or their
representatives, and the Contracting Officer agree on the classification and wage rate (including the amount
designated for fringe benefits where appropriate), a report of the ,action taken shall be sent by the Contracting
Officer to the Administrator of the Wage and Hour Division, U.S. Department of Labor, Washington, DC
20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every
additional classification action within 30 days of receipt and so advise the Contracting Officer or will notify
the Contracting Officer within the 30-day period that additional time is necessary.
(C) In the event the Contractor, the laborers or mechanics to be employed in the classification or their
representatives, and the Contracting Officer do not agree on the proposed classification and wage rate
(including the amount designated for fringe benefits, where appropriate), the Contracting Officer shall refer
the questions, including the views of all interested parties and the recoinmendation of the Contracting Officer,
to the Administrator for determination. The Administrator, or an authorized representative, will issue a
determination within 30 days of receipt and so advise the Contracting Officer or will notify the Contracting
Officer within the 30-day period that additional time is necessary.
(D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs
(a)(l)(ii)(B) or (C) of this section, shall be paid to all workers performing work in the classification under this
Contract from the first day on which work is performed in the classification. '
(iii) Whenever the minimum wage rate prescribed in the Contract for a class of laborers or mechanics
includes a fringe benefit which is not expressed as an hourly rate, the Contractor shall either pay the benefit
as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash
equivalent thereof. .
(iv) If the Contractor does not make payments to a trustee or other third person, the Contractor may
consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in
providing bona fide fringe benefits under a plan or program, provided that the Secretary of Labor has
found, upon the written request of the Contractor, that the applicable standards of the Davis-Bacon Act
have been met. The Secretary of Labor may require the Contractor to set aside in a separate account assets
for the meeting of obligations under the plan or program.
(2) Withholding.
The Department of Energy or the Recipient or Subrecipient shall upon its' own action or upon written request of an
authorized representative of the Department of Labor withhold or cause to be withheld from the Contractor under
G-City of Golden Valley - Commerce
Grant (Rev. 11/08)
10
this Contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract
subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the
accrued payments or advances as may be considered necessary to pay laborers and mechanics, including
apprentiges, trainees, and helpers, employed by the Contractor or any subcontractor the full amount of wages
required by the Contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee,
or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under
the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the
Contract, the Department of Energy, Recipient; or Subrecipient, may, after written notice to the Contractor,
sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment,
advance, or guarantee of funds until such violations have ceased.
(3) Payrolls and basic records.
(i) Payrolls and basic records relating thereto shall be m~tained by the Contractor during the course of the
work and preserved for a period of three years thereafter for all laborers and mechanics working at the site
of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the
construction or development of the project). Such records shall contain the name, address, and social
security number of each such worker, his or her correct classification, hourly rates of wages paid (including
rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the
types described in section 1 (b )(2)(B) of the Davis-Bacon Act), daily and weekly nuinber of hours worked,
deductions made, and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR
5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably
anticipated in providing benefits under a plan or program described in section 1 (b )(2)(B) of the Davis-
Bacon Act, the Contractor shall maintain records which show that the commitment to provide such benefits
is enforceable, that the plan or program is financially responsible, and that the plan or program has been
communicated in writing to the laborers or mechanics affected, and records which show the costs
anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or
trainees under approved programs shall maintain written evidence of the registration of apprenticeship
programs and certification of trainee programs, the registration of the apprentices and trainees, and the
ratios and wage rates prescribed in the applicable programs.
(ii) (A) The Contractor shall submit weekly for each week in which any Contract work is performed
a copy of all payrolls to the Department of Energy if the agency is a party to the Contract, but if the
agency is not such a party, the Contractor will submit the payrolls to the Recipient or Subrecipient (as
applicable), applicant, sponsor, or owner, as the case may be, for transmission to the Department of
Energy. The payrolls submitted shall set out accurately and completely all of the information required
to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home
addresses shall not be included on weekly transmittals. InStead, the payrolls shall only need to include
an individually identifying number for each employee (e.g., the last four digits of the employee's social
security number). The required weekly payroll information may be submitted in any form desired.
Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at
http://www.do1.gov/esa/whd/forms/wh347instr.htm or its successor site. The prime Contractor is
responsible for the submission of copies of payrolls by all subcontractors. Contractors and
subcontractors shall m.aintain the full social security number and current address of each covered
worker, and shall provide them upon request to the Department of Energy if the agency is a party to the
Contract, but if the agency is not such a party, the Contractor will submit them to the Recipient or
Subrecipient (as applicable), applicant, sponsor, or owner, as the case may be, for transmission to the
Department of Energy, the Contractor, or the Wage and Hour Division of the Department of Labor for'
purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a
violation of this section for a prime contractor to require a subcontractor to provide addresses and social
security numbers to the prime contractor for its own records, without weekly submission to the
sponsoring government agency (or the Recipient or Subrecipient (as applicable), applicant, sponsor, or
owner).
(B) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the
Contractor or subcontractor or his or her agent, who pays or supervises the payment of the persons
employed under the Contract and shall certify the following:
G-City of Golden Valley - Commerce
Grant (Rev. 11/08)
11
(1) That the payroll for the payroll period contains the information required to be provided under S 5.5
(a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate information is being maintained under S 5.5
(a)(3)(i) of Regulations, 29 CFR part 5, and that such information is correcfand complete;
(2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the
Contract during the payroll period has been paid the full weekly wages earned, without rebate, either
directly or indirectly, and that no deductions have been made either directly or indirectly from the full
wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3;
(3) That each laborer or mechanic has been paid not less than the applicable wage rates and fiinge
benefits or cash equivalents for the classification of work performed, as specified in the applicable
wage determination inc01porated into the Contract.
(C) The weekly submission of a properly executed certification set forth on the reverse side of Optional
Form WH-347 shall satisfY the requirement for submission of the "Statement of Compliance" required
by paragraph (a)(3)(ii)(B) of this section.
(D) The falsification of any of the above certifications may subject the Contractor or subcontractor to
civil or criminal prosecution under section 1001 of title 18 and section 3729 of title 31 of the United
States Code.
(iii) The Contractor or subcontractor shall make the records required under paragraph (a)(3)(i) of this
section available for inspection, copying, or transcription by authorized representatives of the
Department of Energy or the Department of Labor, and shall permit such representatives to interview
employees during working hours on the job. If the Contractor or subcontractor fails to submit the
required records or to make them available, the Federal agency may, after written notice to the
Contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension
of any further payment, advance, or guarantee of funds. Furthermore, failure to Submit the required
records upon request or to make such records available may be grounds for debarment action pursuant
to 29 CFR 5.12.
(4) Apprentices and trainees-
(i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the
work they performed when they are employed pursuant to and individually registered in a bona fide
apprenticeship program registered with the U.S. Department of Labor, Employment and Training
Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State
Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days
of probationary employment as an apprentice in such an apprenticeship program, who is not
individually registered in the program, but who has been certified by the Office of Apprenticeship
Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be
eligible for probationary employment as an apprentice. The allowable ratio of apprentices to
journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the
Contractor as to the entire work force under the registered program. Any worker listed on a payroll at
an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not
less than the applicable wage rate on the wage determination for the classification of work actually
performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted
under the registered program shall be paid not less than the applicable wage rate on the wage
determination for the work actually performed. Where a Contractor is performing construction on a
project in a locality other than that in which its program is registered, the ratios and wage rates
(expressed in percentages of the journeyman's hourly rate) specified in the Contractor's or
subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the
rate specified in the registered program for the apprentice's level of progress, expressed as a percentage
of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid
fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship
program does not specifY fringe benefits, apprentices must be paid the full amount of fringe benefits
listed on the wage determination for the applicable classification. If the Administrator determines that a
different practice prevails for the applicable apprentice classification, fringes shall be paid in
accordance with that determination. In the event the Office of Apprenticeship Training, Employer and
G-City of Golden Valley - Commerce 12
Grant (Rev. ll/08)
Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an
apprenticeship program, the Contractor will no longer be permitted to utilize apprentices at less than
the applicable predetermined rate for the work performed until an acceptable program is approved.
(ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the
predetermined rate for the work performed unless they are employed pursuant to and individually
registered in a program which has received prior approval, evidenced by formal certification by the
u.s. Department of Labor, Employment and Training Administration. The ratio of trainees to
journeymen on the job site shall not be greater than permitted under the plan approved by the
Employment and Training Administration. Every trainee must be paid at not less than the rate specified
in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman
hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in
accordance with the provisions of the trainee program. If the trainee program does not mention fringe
benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination
unless the Administrator of the Wage and lIour Division determines that there is an apprenticeship
program associated with the correspondingjoumeyman wage rate on the wage determination which
provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee
rate who is not registered and participating in a training plan approved by the Employment and
Training Administration shall be paid not less than the applicable wage rate on the wage determination
for the classification of work actually perfOlmed. In addition, any trainee performing work on the job
site in excess of the ratio permitted under the registered program shall be paid not less than the
applicable wage rate on the wage determination for the work actually performed. In the event the
Employment and Training Administration withdraws approval of a training program, the Contractor
will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work
performed until an acceptable program is approved.
(ill) Equal employment opportunity. The utilization of apprentices, trainees, and journeymen under this
part shall be in conformity with the equal employment opportunity requirements of Executive Order
11246, as amended and 29 CFR part 30.
(5) Compliance with Copeland Act requirements. The Contractor shall comply with the requirements of29 CFR
part 3, which are incorporated by reference in this Contract.
(6) Contracts and Subcontracts. The Recipient, Subrecipient, the Recipient's, and Subrecipient's contractors and
subcontractor shall insert in any Contracts the clauses contained herein in(a)(l) through (10) and such other
clauses as the Department of Energy may by appropriate instructions require, and also a clause requiring the I
subcontractors to include these clauses in any lower tier subcontracts. The Recipient shall be responsible for the
compliance by any subcontractor or lower tier subcontractor with all of the paragraphs in this clause.
(7) Contract termination: debarment. A breach of the Contract clauses in 29 CFR 5.5 may be grounds for
termination of the Contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12.
(8) Compliance with Davis-Bacon and Related Act requirements. All rulings and interpretations of the Davis-
Bacon and Related Acts contained in 29 CPR parts 1,3, and 5 are herein incorporated by reference in this
Contract.
(9) Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this Contract
shall not be subject to the general disputes clause of this Contract. Such disputes shall be resolved in accordance
with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning
of this clause include disputes between the Recipient, Subrecipient, the Contractor (or any of its subcontractors),
and the contracting agency, the U.S. Department of Labor, or the employees or their representatives.
(10) Certification of eligibility.
(i) By entering into this Contract, the Contractor certifies that neither it (nor he or she) nor any person
or firm who has an interest in the Contractor's firm is a person or firm ineligible to be awarded
Government
contracts by virtue of section 3(a) ofthe Davis-Bacon Act or 29 CPR 5.12(a)(l).
G-City of Golden Valley - Commerce
Grant (Rev. 11/08)
13
(ii) No part of this Contract shall be subcontracted to any person or fIrm ineligible for award of a
Government contract by virtue of section 3(a) of the Davis-B~con Act or 29 CFR 5. 1 2 (a){1 ).
(iii) The penalty for making false statements is presclibed in the U. S. Criminal Code, 18 U. S. C. 1001.
(b) Contract Work Hours and Safety Standards Act. As used in this paragraph, the terms laborers and mechanics
include watchmen and guards.
(1) Overtime requirements. No Contractor or subcontractor contracting for any part of the Contract work which
may require or involve the employment oflaborers or mechanics shall require or permit any such laborer or
mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such
workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the
basic rate of pay for all hours worked in excess of forty hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in
paragraph (b )(1) of this section, the Contractor and any subcontractor responsible therefor shall be liable for the
unpaid wages. In addition, such Contractor and subcontractor shall be liable to the United States (in the case of
work done under contract for the District of Columbia or a territory, to such District or to such territory), for
liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or
mechanic, including watchmen and guards, employed in violation oftheclause set forth in paragraph (b )(1) of this
section, in the sum of $1 0 for each calendar day on which such individual was required or permitted to work in
excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set
forth in paragraph (b )(1) of this section.
(3) Withholding for unpaid wages and liquidated damages. The Department of Energy or the Recipient or
Subrecipient shall upon its own action or upon written request of an authorized representative of the Department of
Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Contractor
or subcontractor under any such contract or any other Federal contract with the same prime Contractor, or any other
federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same
prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such Contractor or
subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b )(2) of
this section.
(4) Contracts and Subcontracts. The Recipient, Subrecipient, and Recipient's and Subrecipient's contractor or
subcontractor shall insert in any Contracts, the clauses set forth in paragraph (b)(1) through (4) of this section and
also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The Recipient shall
be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in
paragraphs (b)(l) through (4) of this section.
(5) The Contractor or subcontractor shall maintain payrolls and basic payroll records during the course of the work
and shall preserve them for a period of three years from the completion of the Contract for all laborers and
mechanics, including guards and watchIDen, working on the Contract. Such records shall contain the name and
address of each such employee, social security number, correct classifIcations, hourly rates of wages paid, daily and
weekly number of hours worked, deductions made, and actual wages paid. The records to be maintained under this
paragraph shall be made available by the Contractor or subcontractor for inspection, copying, or transcription by
authorized representatives of the Department of Energy and the Department of Labor, and the Contractor or
subcontractor will permit such representatives to interview employees during working hours on the job.
G-City of Golden Valley - Commerce
Grant (Rev. 11/08)
14
alley
Memorandum
Finance
763-593-8013/763-593-8109 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
August 4, 2010
Agenda Item
3. H. Receipt of June 2010 General Fund Budget Report
Prepared By
Sue Virnig, Finance Director
Summary
The monthly General Fund Budget Report provides a progress report on the General Fund
operations for 2010. The revenues and expenditures show current month actual and year-to-
date actual compared to the 2010 approved budget.
The 2010 unallotment from the State is estimated at $369,240. The receipt of Market Value
Homestead Credit (MVHC) will not take place in October and December.
As of June 2010 the City is using $4,742,000 of fund balance to balance the budget.
Attachments
June 2010 General Fund Budget Report - unaudited (2 pages)
Recommended Action
Motion to receive and file the June 2010 General Fund Budget Report.
City of Golden Valley
Monthly Budget Report - General Fund
June, 2010 (unaudited)
Percentage Of Year Completed 50.00%
Revenue:
Over %
2010 June YTD (Under) of Budget
Type Budget Actual Actual Budget Received
Ad Valorem Taxes $11,552,050 0 $8,689 ($11,543,361 ) 0.08% (1)
Licenses 151,865 21,355 162,464 $10,599 106.98%
Permits 703,000 60,657 284,855 ($418,145) 40.52%
Federal Grants 0 0 6,517 $6,517
State Aid 10,500 0 6,377 ($4,123) 60.73% (4)
Hennepin County Aid 0 0 1,266 $1,266 (5)
Charges For Services:
General Government 37,710 218 10,319 ($27,391 ) 27.36%
Public Safety 197,395 46,182 100,056 ($97,339) 50.69%
Public Works 114,000 15,885 71,522 ($42,478) 62.74%
Park & Rec 392,500 37,871 243,664 ($148,836) 62.08%
Other Funds 981,500 566,819 589,829 ($391,671) 60.09%
Fines & Forfeitures 250,000 17,450 115,235 ($134,765) 46.09% (2)
I nterest On Investments 200,000 0 0 ($200,000) 0.00% (3)
Miscellaneous Revenue 216,675 5,074 15,198 ($201,477) 7.01%
Transfers In 175,000 175,000 175,000 $0 100.00%
TOTAL Revenue $14,982,195 $946,511 $1,790,991 ($13,191,204) 11.95%
Notes:
(1) The first half taxes will not be received until July.
(2) Fines and Forfeitures is through May.
(3) Investments will be booked at year end.
(4) State Training will not be received until August.
(5) Includes Active Living Grant from Hennepin County.
Percentage Of Year Completed ! 50%
(unaudited)
Expenditures:
Over %
2010 June YTD (Under) Of Budget
Division Budget Actual Actual Budget Expend.
Council $307,455 25,591 130,774 ($176,681) 42.53%
City Manager 802,390 62,144 361,607 (440,783) 45.07%
Admin. Services 1,571,070 89,059 585,434 (985,636) 37.26%
Legal 115,000 10,940 50,397 (64,603) 43.82% (1)
General Gov't. Bldgs. 599,500 35,472 213,064 (386,436) 35.54%
Planning 333,550 18,099 130,076 (203,474) 39.00%
Police 4,562,995 340,588 2,099,526 (2,463,469) 46.01%
Fire and Inspections 1,539,820 105,793 662,970 (876,850) 43.06%
Public Works Admin. 309,730 24,537 148,878 (160,852) 48.07%
Engineering 651,640 40,688 193,133 (458,507) 29.64%
Streets 1,371,495 86,097 514,202 (857,293) 37.49%
Community Center 74,605 3,356 24,238 (50,367) 32.49%
Park & Rec. Admin. 639,845 46,961 289,026 (350,819) 45.17%
Park Maintenance 968,270 75,251 413,622 (554,648) 42.72%
Recreation Programs 427,910 29,152 115,341 (312,569) 26.95%
Risk Management 266,950 1,529 160,733 (106,217) 60.21% (2)
Transfers Out 439,970 439,970 439,970 0 100.00% (3)
TOTAL Expenditures $14,982,195 $1,435,227 $6,532,991 ($8,449,204) 43.61%
(1) This includes May YTD legal bill.
(2) Dividend is received in December. Two quarterly payments have been made.
(3) This expenditure was lowered due to the unallotment.
ulley
Memorandum
Fire Department
763-593-8079 I 763-593-8098 (fax)
Executive Summary for Action
Golden Valley City Council Meeting
August 4, 2010
Agenda Item
3. I. Donation of Excess Fire Equipment
Prepared By
Mark Kuhnly, Chief of Fire & Inspections
Summary
The International Fire Relief Mission provides donated used fire equipment to fire
departments in countries that cannot afford to purchase their own.
The Fire Department has 14 sets of excess personal protective equipment, including coats
and pants. State Statutes prohibits the donation of used equipment to departments within the
United States. Upon Council approval, this equipment will be delivered by International Fire
Relief Mission to fire departments in Argentina, Dominican Republic and Romania.
Attachment
Resolution Authorizing Donation of Excess Equipment (Personal Protective Equipment)
(1 page)
Recommended Action
Motion to adopt Resolution Authorizing Donation of Excess Equipment (Personal Protective
Equipment).
Resolution 10-42
August 4,2010
Member introduced the following resolution and moved its adoption:
RESOLUTION AUTHORIZING DONATION OF EXCESS EQUIPMENT
(PERSONAL PROTECTIVE EQUIPMENT)
WHEREAS, the International Fire Relief Mission provides donated used equipment
to fire departments in countries that cannot afford to purchase their own; and
WHEREAS, the Fire Department supports the continued use of this equipment, as
possible, to improve the safety of firefighters in other countries; and
WHEREAS, the Fire Department has 14 sets of excess personal protective
equipment, including coats and pants it wishes to donate the International Fire Relief
Mission; and
WHEREAS, the International Fire Relief Mission has agreed to deliver this
equipment to fire departments in Argentina, Dominican Republic and Romania.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Golden
Valley, Minnesota that:
1. Staff is authorized to donate 14 sets of excess personal protective equipment,
that includes coats and pants, to the International Fire Relief Associates; and
2. The equipment will be donated in compliance with all applicable State Statutes.
Linda R. Loomis, Mayor
ATTEST:
Susan M. Virnig, City Clerk
The motion for the adoption of the foregoing resolution was seconded by Member
and upon a vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted, signed by the Mayor
and her signature attested by the City Clerk.
alley
Memorandum
Planning
763-593-8095 I 763-593-8109 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
August 4, 2010
Agenda Item
4. A. Public Hearing - Preliminary Plat Approval - 700 Meadow Lane - Lot 2 and Lot 3,
PUD #33 North Wirth Parkway 2nd Addition - North Wirth Associates LLP, Applicant
Prepared By
Joe Hogeboom, City Planner
Summary
North Wirth Associates, LLP (M.A. Mortenson), located at 700 Meadow Lane, is seeking to
consolidate two of its parcels. The purpose for the consolidation is to allow the business to use
one official address for its headquarters site.
Originally, two separate buildings existed on the two separate lots in question. However, the two
buildings were combined through a recent construction project, resulting in one large building on
two separate parcels with two separate addresses. North Wirth Associates is proposing to
combine Lot 2 and Lot 3 to address this issue.
Attachments
Location Map (1 page)
Memo to Planning Commission dated June 14, 2010 (2 pages)
Planning Commission minutes dated July 12, 2010 (2 pages)
Email from William Goff, MnDOT (1 page)
Aerial Photo (1 page, loose in agenda packet)
Site Plan/Conceptual Sketch (1 oversized page, loose in agenda packet)
Recommended Action
Motion to approve the preliminary plat for a lot consolidation of Lot 2 and Lot 3, PUD #33
North Wirth Parkway 2nd Addition.
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.
Planning
763-593-8095 I 763-593-8109 (fax)
Date:
June 14, 2010
To:
Golden Valley Planning Commission
From:
Joe Hogeboom, City Planner
Subject:
Informal Public Hearing on Preliminary Plan for Lot Consolidation of Lot 2 and
Lot 3, PUD #33 (North Wirth Parkway, 2nd Addition) - North Wirth Associates,
LLP (M.A. Mortenson), Applicant
Summary of Request
North Wirth Associates, LLP (M.A. Mortenson) is proposing to consolidate two of its parcels.
The parcels that are proposed to be consolidated include 4000 Olson Memorial Highway (Lot 3
of North Wirth Parkway, 2nd Addition) and 700 Meadow Lane North (Lot 2 of North Wirth
Parkway, 2nd Addition.) The consolidation will allow the company to use one formal address.
Originally, two separate buildings occupied each parcel. However, a construction project in
2008 has effectively joined the two separate buildings as one building. Because North Wirth
Associates/M.A. Mortenson is part of a Planned Unit Development (PUD), a minor PUD
amendment is also a requirement of this process.
Qualification as a Minor Subdivision
The proposed two-lot consolidation qualifies as a minor subdivision because both parcels are
part of a recorded plat. In addition, this proposed consolidation will involve fewer than four lots
and will not create need for public improvements (such as street reconstruction.) The applicant
has submitted the required information to the City that allows for the lot consolidation to be
evaluated as a minor subdivision.
Qualification Governing Approval as a Minor Subdivision
According to Section 12.50 of the City's Subdivision Regulations, the following are the
regulations governing approval of minor subdivisions with staff comment related to this
request:
1. Minor subdivisions shall be denied if the proposed lots do not meet the
requirements of the appropriate zoning district. The newly proposed lot will meet the
requirements set forth by the Business and Professional Offices Zoning District.
2. A minor subdivision may be denied if the City Engineer determines that the lots are
not buildable. The Planning Department has not received negative feedback from the City
Engineer.
3. A minor subdivision may be denied if there are no sewer and water connections
available or if it is determined by the City Engineer that an undue strain will be
placed on City utility systems by the addition of the new lots. Sewer and water
connections are already provided to the existing building.
4. Approval of the minor subdivision may require the granting of certain easements to
the City. The final plat must show all necessary easements as required by the City
Engineer and City ordinances.
5. If public agencies other than the City have jurisdiction of the streets adjacent to the
minor subdivision, the agencies will be given the opportunities to comment. The
Minnesota Department of Transportation (MnDOT) has reviewed the preliminary plat and
has found it to be acceptable as submitted per the email dated June 8, 2010.
6. The City may ask for review of title if required by the City Attorney for dedication of
certain easements. The City Attorney will determine if such a title review is necessary
prior to approval of the final plat.
7. The minor subdivision may be subject to park dedication requirements. No park
dedication fee will be assessed for this action.
Recommended Action
The Planning Department recommends approval of the lot consolidation.
Attachments:
Location Map ( 1 page)
Aerial Photo ( 1 page)
Email from William Goff, MnDOT (1 page)
Site Plan/Conceptual Sketch (1 page)
Regular Meeting of the
Gold~n Valley Planning Commission
July 12, 2010
A reg meeting of the Planning C mmission was held at the en Valley City Hall,
Council C bers, 7800 Golden Va y Road, Golden Vall innesota, on Monday,
June 12, 201 . hair Keysser called e meeting to or t 7 pm.
, Eck, Keysser, Kluchka, McCarty,
City Planner Joe Hogeboom and
1. Approval of Minutes
McCarty re ed to the fifth paragraph page three and state that he would like a
comme dded about requiring a site p n for the installation of a fence.
M ED by Eck, seconded by McCarty and motion carried unanimously to approve the
June 28, 2010 minutes with the above noted corrections.
2. Informal Public Hearing - Subdivision (Lot Consolidation) - 700 Meadow Lane -
SU07 -09
Applicant: North Wirth Associates, LLP, Applicant
Address: 700 Meadow Lane
Purpose: To allow for the removal of an existing property line between two lots so the
building can utilize one address.
Hogeboom stated that the applicant is proposing to consolidate two of its parcels, currently
in a Planned Unit Development (PUDl. He explained that originally there were two
separate buildings on each parcel but through some recent construction the buildings were
connected so it is now essentially one building on two parcels so the applicant would like
to combine the parcels. Also, the applicant would like to have one address and in order to
do that the parcels need to be combined into one lot. He added that since this property is a
PUD the applicant is also required to go through the Minor PUD Amendment process
which only requires City Council approval.
Cera asked if the Subdivision and Minor PUD Amendment are for the same issue.
Hogeboom said yes.
Minutes of the Golden Valley Planning Commission
July 12, 2010
Page 2
McCarty asked if the property will have an Olson Memorial Highway address or a Meadow
Lane address. Hogeboom said they would like to have a Meadow Lane address.
Lynnette Rothstein, 700 Meadow Lane North, Employee of Mortenson and Property
Manager for North Wirth Associates, stated they are looking to change their address to
700 Meadow Lane North because that is the headquarter address for Mortenson
Construction and they have over 80% of the building as a whole.
Keysser asked if the connection between the two buildings is a skyway. Rothstein
explained that the connection is an on-grade link with a tunnel underneath.
Keysser opened the public hearing. Seeing and hearing no one wishing to comment,
Keysser closed the public hearing.
Schmidgall said he has been in the construction industry for 30 years and has done many
projects with M.A. Mortenson. He holds the firm in very high regard and is inclined to
support this proposal.
MOVED by Eck, seconded by Schmidgall and motion carried unanimously to recommend
approval of a subdivision (Lot Consolidation) request to allow for the removal of an existing
property line between two lots so the building can utilize one address.
--Short Recess--
4. Reports on Meetings of the Hous g and Redevelopment Authority, City Council,
Board oning Appeals and ot r Meetings
Kluchka said he wo like hearing no ces that are sen residents to provide more
information regar g issues the Plan ng Commission ha een working on in the past
couple of year
ended regarding
Hogeboom gave a
Walgreens Conditiona se Permit an
coming to the Planning C
and sustainability/re-usability
approval process.
Waldhauser discussed a special
preliminary concepts for rede .
Waldhaus asked about the progres of the commerciallandsca requirements that the
Plannin ommission worked on a co pie of years ago. She added at she would like the
City's dscaping regulations to inclu e the planting of trees on com rcial properties.
Ho oom said he would talk with En onmental Coordinator AI Lundstrom and provide
a pdate to the Planning Commission.
Wittman, Lisa
From:
Sent:
To:
Subject:
Grimes, Mark
Tuesday, June 08, 2010 10:23 AM
Wittman, Lisa
FW: Plat at 700 Meadow Lane
From: Goff, William (DOT) [mailto:William.Goff@state.mn.us]
Sent: Tuesday, June 08,20107:19 AM
To: Grimes, Mark
Cc: Sherman, Tad (DOT); Solberg, Jon P (DOT)
Subject: Plat at 700 Meadow Lane
Mark,
After review of the preliminary plat for the lot combination at 700 Meadow Lane, please note that Mn/DOT has no
formal comment. If you have any further questions, please do not hesitate to contact me at (651) 234-7797.
Sincerely,
William Goff
Mn/DOT Senior Planner
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alley
Memorandum
Planning
763-593-8095 I 763-593-8109 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
August 4,2010
Agenda Item
4. B. Continued Public Hearing - Ordinance #443 - Amending Sections 11.21 and 11.22
Regarding Photovoltaic Module Regulations
Prepared By
Joe Hogeboom, City Planner
Summary
At the July 20, 2010 meeting of the City Council, the Council continued consideration of
Ordinance #443.
The Council requested that the proposed ordinance language specify that the regulations
apply only to free-standing photovoltaic devices. Also, the Council requested staff to include
size limitations in the proposed language so that small free-standing solar devices would be
located in the front yards of residential properties.
The attached language addresses these concerns.
Attachments
Underlined/Overscored Version of Section 11.21, Subd. 12(H) (1 page)
Underlined/Overscored Version of Section 11.22, Subd. 11 (H) (1 page)
Letter from City Attorney Allen Barnard, dated July 23,2010 (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.
~ 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(l)).
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. Free-standin9 Photovoltaic modules. including solar
panels and other photovoltaic energy receivers. which are in excess of
three square feet shall meet the same setback. location and height
requirements as accessory structures.
Golden Valley City Code
9 11.22
Sectio.n 11.22: Moderate Density Residential
Zoning District (R-2)
Subdivision 11. Accessory 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
A. Photovoltaic Modules. Free-standing Photovoltaic modules. includinq solar
panels and other photovoltaic energy receivers. which are in excess of
three square feet 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 height.
Source: Ordinance No. 433, 2nd Series
Effective Date: 2-26-10
Golden Valley City Code
.
BEST & FLANAGAN LLP
ATTOll\n ~.\T /.A\\
22;; SOlllh Sixth S'n'''/. Suite 4000
Mil1t1f'ar"Ji~. Milllll'SoI1l554.o2-4690
1HI.'phone 612339 il2J
FUl'shnilt. 612 339 5897
",w\<'.bl'~,lu\l.("('m
Writers Direct Dial No.
(612) 341-9715
E-Mail Address:abamard@bestlaw.com
July 23, 20 I 0
VIA E-MAIL
Mr. Joe Hogeboom
City Planner
City of Golden Valley
7800 Golden Valley Road
Golden Valley, MN 55427
RE: Photovoltaic modules
Dear Joe:
After reviewing the questions about photovoltaic modules and the statutes on solar
energy, I have concluded that we only need to make minor changes in the proposed
ordinance language. I suggest we change it to read as follows:
Photovoltaic modules. Free-standing photovoltaic modules, including
solar panels and other photovoltaic energy receivers, which are in excess
of three square feet shall meet the same setback, location and height
requirements as accessory structures.
Although there are a number of references to solar devices and access to sunlight in
the statutes, I didn't see anything that related specifically to our issues here. However,
there was a definition of photovoltaic device in MiIU1. State. S 216C.06, subd. 16.
I think we should utilize three square feet, rather than one square foot for such
modules, because some ofthe free-standing signs, etc. may have somewhat more than one
or even two square feet of area.
I hope this is sufficient for your purposes. Please call me with any questions.
Allen D. Barnard
ADB\rys
000090/480568/1211940_1
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. Free-standing Photovoltaic modules, including solar
panels and other photovoltaic energy receivers, which are in excess of three
square feet 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. Free-standing Photovoltaic modules, including solar
panels and other photovoltaic energy receivers, which are in excess of three
square feet 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 4th day of August, 2010.
IslLinda R. Loomis
Linda R. Loomis, Mayor
ATTEST:
IslSusan M. VirniQ
Susan M. Virnig, City Clerk
.Uey
Memorandum
Planning
763-593-8095/763-593-8109 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
August 4,2010
Agenda Item
4. C. Continued Public Hearing - Ordinance #444 - Amending Building Height Requirements
in High Density Residential Zoning District (R-4)
Prepared By
Joe Hogeboom, City Planner
Summary
The High Density Residential Zoning District (R-4) currently allows structures to be built up to
eight stories, or 96 feet in height, without obtaining a Conditional Use Permit (CUP).
Proposed structures taller than the above requirements would require a CUP, initiating a
public hearing process.
Staff is proposing to increase the threshold for requiring Conditional Use Permits for large
structures by amending City Code to require structures taller than five stories, or 60 feet in
height, to require CUPs. Doing so would allow the City to have greater control over multi-
family residential development and to ensure that buildings are of appropriate size and scale.
Attachments
Planning Commission Minutes dated June 28, 2010 (2 pages)
Underline/Overstrike Version of Section 11.24 (1 page)
Ordinance #444, Amending Section 11.24, Building Height Requirements in High Density
Residential Zoning District (R-4) (1 page)
Recommended Action
Motion to adopt Ordinance #444, Amending Section 11.24, Building Height Requirements in High
Density Residential Zoning District (R-4).
Regular Meeting of the
Golden Valley Planning Commission
June 28, 2010
regular meeting of the Plannin
Co '1 Chambers, 7800 Golden
28, 20 . hair Keysser called t
Commission was held a olden Valley City Hall,
alley Road, Golde " ey, Minnesota, on Monday, June
meeting to 0 / at 7 pm.
_~!l"
1.
by Waldhauser, secon d by Eck and motion carrie
pril26, 2010 minutes as s mitted.
animously to approve
2. Informal Public Hearing - Zoning Code Amendment - Building Height
Requirements in the High Density Residential Zoning District (R-4) - ZQOO-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.
. Informal Public Hearing - Zoni g Code Amendment - Fence Regulations in the
Residential and Multiple Dwell g Zoning Districts - ZOOO-83
Ap . ant: City of Golden Valley
Purpose: clarify the languag regarding fence re
Multiple Dwe City Code.
. .
Grimes reviewed current Zoni .
the biggest co rn is that it is ha
begins an fablishing a front pi
enforc Ie. He noted that staff i
an Minor Arterial streets. He
ated using the current Code I
Code uirements regarding fences and stated that
to determ where a front yard ends and side yard
e will make t Code more understandable and more
also proposing to ove the language regarding A
owed several exam of where a fence could be
guage and the propose new Code language.
~ 11.24
A. Underground parking structures
B. Private indoor and outdoor recreational facilities, including but not limited to
swimming pools and tennis courts.
Subdivision S. Conditional Uses
The following conditional uses may be allowed after review by the Planning
Commission and approval by the Council following the standards and procedures
set forth in this Chapter:
A. Residential facilities serving twenty-five (25) or more persons
B. Group Foster Homes
C. Principal structures in excess of eight (8) five (5) stories or ninety six (96)
sixty (60) feet in height.
D. Retail sales, Class I and II restaurant establishments, and professional offices
within principal structures containing twenty (20) or more dwelling units
when located upon any minor or major arterial street. Any such sales,
establishment or office shall be located only on the ground floor and have
direct access to the street.
Subdivision 6. Buildable Lots
In the R-4 Zoning District a lot of a minimum area of twenty thousand (20,000)
square feet shall be required for any principal structure. A minimum lot width of
one hundred fifty (150) feet at the front setback line shall be required.
Subdivision 7. Corner Visibility
All structures in the R-4 Zoning District shall meet the requirements of the corner
visibility requirements in Chapter 7 of the City Code.
Subdivision 8. Easements
No structures in the R-4 Zoning District shall be located in dedicated public
easements.
Subdivision 9. Maximum Coverage by Buildings and Impervious
Surfaces
Structures, including accessory structures, shall not occupy more than forty five
percent (45%) of the lot area. Total impervious surface on any lot shall not exceed
sixty percent (60%) of the lot area.
Subdivision 10. Principal Structures - Multiple-Family
Multiple-Family Dwellings in R-4 Zoning District shall be governed by the following
requirements:
A. Setback Requirements. The following structure setbacks shall be required for
principal structures in the R-4 Zoning District.
Golden Valley City Code
ORDINANCE NO. 444, 2ND SERIES
AN ORDINANCE AMENDING THE CITY CODE
Amending Section 11.24, Building Height Requirements in
High Density Residential Zoning District (R-4)
The City Council for the City of Golden Valley hereby ordains as follows:
Section 1. City Code Section 11.24, entitled "High Density Residential Zoning
District (R-4)" is amended by changing Subdivision 5(C) Conditional Uses to read as
follows:
C. Principal structures in excess of five (5) stories or sixty (60) feet in height.
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 4th day of August, 2010.
IslLinda R. Loomis
Linda R. Loomis, Mayor
ATTEST:
IslSusan M. Virniq
Susan M. Virnig, City Clerk
alley
Memorandum
Planning
763-593-8095/763-593-8109 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
August 4, 2010
Agenda Item
6. A. First Consideration - Ordinance #445 - Amending Section 4.60, Regarding Rainwater
Collection Device Regulations
Prepared By
Joe Hogeboom, City Planner
Summary
The City is proposing to institute an amendment to the City Code by creating language that
regulates the quantity of rainwater collection devices (commonly referred to as 'rain barrels')
that can be located on one single residential property. Currently, there is no limit to the
quantity of rainwater collection devices that can be put on a residential property.
The proposed amendment permits one rain water collection device per each downspout on a
home or accessory building on a residential property.
Attachment
Underlined/Overscored version of Section 4.60, Subdivisions 3 and 5 (1 page)
Ordinance #445, Amending Section 4.60, Regarding Rainwater Collection Device
Regulations (1 page)
Recommended Action
Motion to Adopt on First Consideration, Ordinance #445, Amending Section 4.60, Regarding
Rainwater Collection Device Regulations.
Section 4.60:
Residential Property Maintenance Code
Subdivision 3. Definitions
For the purposes of this Section, the following terms are defined as follows:
R. Rainwater Collection Device: A rain barrel or bladder used to capture and
store rain water.
Subdivision 5. Minimum Exterior Standards
All residential properties shall meet or exceed the following minimum exterior
standards:
R. Rainwater Collection Device. Only one (1) rainwater collection device shall be
allowed per primary extension of any downspout.
ORDINANCE NO. 445, 2ND SERIES
AN ORDINANCE AMENDING THE CITY CODE
Amending Section 4.60, Regarding Rainwater Collection Device Regulations
The City Council for the City of Golden Valley hereby ordains as follows:
Section 1. City Code Section 4.60 entitled "Residential Property Maintenance
Code" is amended by adding Subdivision 3(R) to read as follows:
R. Rainwater Collection Device: A rain barrel or bladder used to capture and
store rain water.
Section 2. City Code Section 4.60 entitled "Residential Property Maintenance
Code" is amended by adding Subdivision 5(R) to read as follows:
R. Rainwater Collection Device. Only one (1) rainwater collection device shall be
allowed per primary extension of any downspout.
Section 2. City Code Chapter 1 entitled "General Provisions and Definitions
Applicable to the Entire City Code Including Penalty for Violation" and Section 4.99
entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as
though repeated verbatim herein.
Section 3. This Ordinance shall take effect from and after its passage and
publication as required by law.
Adopted by the City Council this 4th day of August, 2010.
IslLinda R. Loomis
Linda R. Loomis, Mayor
ATTEST:
IslSusan M. Virniq
Susan M. Virnig, City Clerk
AE::6.ti..Jo/* -IT-&"Vt to Pr
"UGc)4201O
To: Golden Valley City Council
August 2, 2010
Since the decision on an ordinance for rain barrel use is coming soon, I would like to give my
opinion.
As I understand it, the ordinance to be voted on would limit rain barrels to one barrel per
downspout, with no other restrictions. As originally proposed, the ordinance was also to
include color requirements and or screening requirements. I really believe that screening the
barrels from site is the correct thing to do. There are homes in our city and other suburbs I
have seen, with 55 gallon white and blue plastic barrels placed around their homes. There is a
Golden Valley home with nine rain barrels around the home. Because the water to be used is
"gravity fed", the barrels must be elevated. The ones I have seen are up on cement blocks
which are not visually pleasing. The rain barrels need to be out of sight. Would the city
approve of a house with several large garbage cans arranged around the house, easily seen
from the street? I realize rain barrels are environmentally and economically practical. But why
must they be seen from the street? There are maintenance codes the city has established to
keep our homes and neighborhoods safe, up to date and attractive. Allowing any kind and
color of rain barrel, propped up on cement blocks and in plain view seems to go against the
Cities' idea of a nicely maintained, attractive home.
The barrels (one per downspout) should have to be a manufactured barrel for that purpose,
and should be kept behind a fence or similar screen to limit the visual impact from the street.
Sincerely,
Tom Mikkelson
6935 Knoll St
Golden Valley
alley
Memorandum
Planning
763-593-8095/763-593-8109 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
August 4, 2010
Agenda Item
6. B. First Consideration - Ordinance #446 - Adding a New Section 10.68 - Outdoor Boilers
Prepared By
Joe Hogeboom, City Planner
Summary
The City is proposing to institute a City Code amendment creating language that addresses
outdoor boilers. Outdoor boilers, most commonly used to burn wood to produce electricity,
create air quality, noise, and safety issues and are felt to be inappropriate for urban settings.
An illustration of an outdoor boiler system is attached for your reference. The proposed
amendment prohibits the installation and use of outdoor boilers within the City.
Attachment
Underlined/Overscored Version of Section 10.68 (1 page)
Illustration of an Outdoor Boiler System (1 page)
Ordinance #446, Adding a New Section 10.68: Outdoor Boilers (1 page)
Recommended Action
Motion to Adopt on First Consideration, Ordinance #446, Adding a New Section 10.68:
Outdoor Boilers.
9 10.68
Section 10.68: Outdoor Boilers
Subdivision 1. PurDose
This ordinance is intended to promote the health, safety and welfare and to
safeguard the health, comfort, living conditions, safety and welfare of the citizens of
the City due to the air pollution and fire hazards of outdoor burning in outdoor
boilers.
Subdivision 2. Definition
As used in this Section, "outdoor boiler" means a fuel burning device that is
designed to burn wood or other fuel that is installed outdoors or in structures not
normally intended for habitation by humans or domesticated animals which heats
building space or water via the distribution - typically through pipes - of a fluid
heated in the device.
Subdivision 3. Prohibited Acts
No person may install. use or maintain an outdoor boiler, nor allow anyone else to
install, use or maintain an outdoor boiler.
Golden Valley City Code
Page 1 of 1
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ORDINANCE NO. 446, 2ND SERIES
AN ORDINANCE AMENDING THE CITY CODE
Adding a New Section 10.68: Outdoor Boilers
The City Council for the City of Golden Valley hereby ordains as follows:
Section 1. City Code Chapter 10 "Public Protection, Crimes and Offenses" is
amended by adding Section 10.68 to read as follows:
Section 10.68: Outdoor Boilers
Subdivision 1. Purpose
This ordinance is intended to promote the health, safety and welfare and to
safeguard the health, comfort, living conditions, safety and welfare of the citizens of
the City due to the air pollution and fire hazards of outdoor burning in outdoor
boilers.
Subdivision 2. Definition
As used in this Section, "outdoor boiler" means a fuel burning device that is
designed to burn wood or other fuel that is installed outdoors or in structures not
normally intended for habitation by humans or domesticated animals which heats
building space or water via the distribution - typically through pipes - of a fluid
heated in the device.
Subdivision 3. Prohibited Acts
No person may install, use or maintain an outdoor boiler, nor allow anyone else to
install, use or maintain an outdoor boiler.
Section 2. City Code Chapter 1 entitled "General Provisions and Definitions
Applicable to the Entire City Code Including Penalty for Violation" and Section 10.99
entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as
though repeated verbatim herein.
Section 3. This Ordinance shall take effect from and after its passage and
publication as required by law.
Adopted by the City Council this 4th day of August, 2010.
IslLinda R. Loomis
Linda R. Loomis, Mayor
ATTEST:
IslSusan M. VirniQ
Susan M. Virnig, City Clerk
alley
Memorandum
Planning
763-593-8095/763-593-8109 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
August 4, 2010
Agenda Item
6. C. Authorization to Sign Amended PUD Permit - North Wirth Parkway PUD No. 33,
Amendment NO.2
Prepared By
Joe Hogeboom, City Planner
Summary
North Wirth Associates (M.A. Mortenson) must amend its PUD permit to reflect the lost
consolidation (minor subdivision) of Lot 2 and Lot 3. Amending the PUD permit will reflect the
newly created single lot.
Attachments
Location Map (1 page)
Proposed Amended PUD Permit (4 pages)
Recommended Action
Motion to authorize the Mayor and City Manager to sign the amended PUD Permit for North
Wirth Parkway PUD No. 33, Amendment No.2
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North Wirth Parkway PUD No. 33
City Council Approval: April 20, 1982
Amendment #1 City Council Approval: August 6, 2008
Amendment #2 City Council Approval: AUQust 4. 2010
City of Golden Valley, Minnesota
Use Permit
for
Planned Unit Development
Project Name: North Wirth Parkway PUD No. 33
location: 650 and 700 Meadow Lane North and 4000 and 4050 Olson
Memorial Highway
legal Description: North Wirth Parkway 2nd Addition PUD No. 33, Block 1, Lots 1-5
Applicant: North Wirth Associates, LLP
Address: 700 Meadow Lane North
Golden Valley, MN 55440
Owner: Mortenson Construction
Address: 700 Meadow Lane North
Golden Valley, MN 55440
Zoning District: Business and Professional Offices
Permitted Uses: The following uses are allowed in the development:
A. Three (3) office building structures comprising a total of 286,739 square feet of office
space.
B. One (1) parking ramp structure up to 3 levels accommodating 734 cars.
Components:
A. land Use Component:
1. Land uses within P.U.D. #33 shall be limited to those uses indicated on the
approved Site Plan prepared by RSP Architects dated July 8, 2008 (Site Plan -
A001). Principal uses shall be two four-story and one eight-story office buildings and
a three-level parking ramp.
2. Parking for P.U.D. #33 shall consist of up to 730 parking ramp spaces in a three
level ramp, 49 building basement parking spaces, and 280 on-site parking spaces
Use Permit - P.U.D. #33
Page 2
for a total of 1059 parking spaces as shown on the approved Site Plan prepared by
RSf> Architects dated July 7,2008 (Site Plan-A001).
3. Landscaping, as shown on the approved Landscape Plan prepared by Robert A.
Close, dated June 29, 1981 and revised March 1, 1982, The revised landscape plan
prepared by RSP Architects and dated July 8, 2008 (Planting Plan L0001) shall
become a part of this approval.
4. Special precautions shall be taken during and after construction to protect against
erosion, silting, excessive grading, or any other conditions detrimental to the area.
Grading and excavation for footings and other construction needs shall be done in a
manner so as to avoid dirt storage, disturbing of trees, or other activities beyond the
prescribed construction limits. All public utilities must be protected during
construction or removed and replaced.
B. Circulation Component:
1. Interior sidewalks and concrete curb and gutter shall be located where shown on the
approved Site Plan prepared by Armstrong, Torseth, Skold and Rydeen, Inc., dated
January 13, 1982 and revised January 25, 1982.
2. Interior concrete curbs shall be constructed within the property lines to separate
driving and parking surfaces from landscaped areas. Interior curbs shall not be less
than six (6) inches in height. Sidewalks and curbs shall be designed to
accommodate the handicapped.
3. Mortenson will provide a sidewalk along the east side of Meadow Lane North from
TH55 to Dahlberg Drive; and a sidewalk along TH55 from Wirth Parkway to Meadow
Lane North. The sidewalk plans shall be approved by the City Engineer and
constructed by July 2009.
C. Subdivision Component:
1 . The described property shall be platted in accordance with the approved Preliminary
Plat prepared by Schoell and Madson, Inc., dated December 1, 1981 and revised
March 1, 1982 and AUQust4. 2010. The plat name shall include "P.U.D. #33".
2. The Final Plan shall be filed within six (6) months after the date of the Council action
giving final approval to the PUD Permit.
D. Services and Facilities Component:
1. Water and sanitary sewer service lines shall be installed, owned and maintained by
the owner or owners.
2. All utilities shall be underground.
Use Permit - P.U.D. #33
Page 3
3. All ~echanicals on roof or ground shall be screened with Inspection Department
approval.
4. The structure and grading shall meet all the requirements of the Golden Valley Fire
Marshal, Engineering Department and Sanitarian.
5. All waste generated by the occupancy shall be stored internally until removed from
the premises.
6. The Developer shall comply with the recommendations found in the memo to Mark
Grimes from City Engineer Jeff Oliver, PE dated July 31,2008.
7. The Developer shall comply with the recommendations found in the memo to Mark
Grimes from Deputy Fire Marshal, Ed Anderson dated July 24,2008.
8. All applicable state, local and federal requirements shall be met including the City's
building, landscaping and fire codes.
9. All signs must meet the requirements of the City's sign ordinance.
E. Construction Order Component:
Development shall be completed in two phases as follows:
1. Phase 1 construction shall include a first building two stories in height, a second
building six stories in height, a third building four stories in height and a two-level
parking ramp.
2. Phase 2 construction shall include expansion of the first building from two to four
stories, expansion of the second building from six to eight stories, and expansion of
the parking ramp from two to three levels, with the third building remaining at the
Phase 1 height of four stories.
F. Maps and Reports:
1. The architect or engineer in charge of the project, who shall be registered in the
State of Minnesota, shall provide as a minimum monthly written reports for each
phase of the construction process.
2. The architect or engineer in charge of the project, who shall be registered in the
State of Minnesota, shall inspect the site during construction. When the project is
completed, the registered architect or engineer shall certify in writing to the Building
Department of the City of Golden Valley that the project has been constructed in
conformity with all approved plans applicable to the subject PUD.
Use Permit - P.U.D. #33
Page 4
It is hereby understood and agreed that this Use Permit is a part of the City Council
approvals granted on March 2, 1982, August 6, 2008 and AUQust 4. 2010 relative to
Planned Unit Development #33.
Witness:
Witness:
Witness:
By:
Title:
Date:
By:
Date:
By:
Date:
MORTENSON CONSTRUCTION
CITY OF GOLDEN VALLEY
Linda R. Loomis, Mayor
Thomas D. Burt, City Manager
Warning: This permit does not exempt you from all other City Code provisions,
regulations and ordinances.