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10-05-10 CC Agenda Packet (entire)
AGENDA Regular Meeting of the City Council Golden Valley City Hall 7800 Golden Valley Road Council Chamber October 5, 2010 6:30 pm The Council may consider item numbers 1, 2, 3, 5 and 6 prior to the public hearings scheduled at 7 pm 1. CALL TO ORDER A. Roll Call B. Presentation of Envision Award -Founding Members -Kelly Drive Pumpkin Growers Association 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: Council/Manager Minutes -August 10, 2010 and City Council Meeting -September 21, 2010 6. Approval of Check Registers: 1. City 2. Housing and Redevelopment Authority C. Licenses: 1. General Business Licenses 2. Gambling License Exemption and Waiver of Notice Requirement -Greater Minneapolis Crisis Nursery D. Minutes of Boards and Commissions: 1. Board of Zoning Appeals -August 24, 2010 2. Environmental Commission -July 26, 2010 3. Open Space and Recreation Commission -July 26, 2010 4. Envision Connection Board of Directors -August 19, 2010 5. Bassett Creek Water Management Commission -August 19, 2010 E. Authorizing Grant Application to the Minnesota Pollution Control Agency for Assistance with Contaminated Pond Sediment Removal 10-51 F. Authorization to Sign Agreement (Amendment #1) for Energy, Efficiency, and Conservation Block Grant Program with Department of Commerce 10-52 G. Authorization to Sign Agreement with Short Elliot Hendrickson for Inflow and Infiltration Inspection and Program Monitoring Services H. Approving Appointment of Election Judges for State General Election 10-53 I. Board/Commission Appointment 4. PUBLIC HEARINGS 7 PM A. Public Hearing -Second Consideration -Ordinance #447- Electric Franchise Fee from Northern States Power d/b/a Xcel Energy and Approval of Summary Publication B. Public Hearing -Special Assessments -Delinquent Utility Bills 10-54 C. Public Hearing -Special Assessments -Miscellaneous. Charges 10-55 D. Public Hearing -Sanitary Sewer, Platted Utility and Ditch Easement Vacations - 500 Cloverleaf Drive 10-56 5. OLD BUSINESS 6. NEW BUSINESS A. Approval of Plat and Authorization to Sign Subdivision Development Agreement - Cloverleaf Woods B. Authorization to Sign Amended PUD Permit - Allianz Life USA Addition PUD No. 87 - Amendment No. 3 C. Announcements of Meetings D. Mayor and Council Communications 7. ADJOURNMENT ~;Lfl' ?. (~/ ~ Park and Recreation o e n a e 763-512-2342 / 763-512-2344 (fax) Executive Summary For Action Golden Valley City Council Meeting October 5, 2010 Agenda Item 1. B. Presentation of Envision Award -Founding Members -Kelly Drive Pumpkin Growers Association Prepared By Sandy Werts, Volunteer Coordinator Summary The founding members of the Kelly Drive Pumpkin Growers Association have been recommended to the City Council to receive an Envision Award. With a vision to strengthen their community and to bring neighbors and children together, six members of the Kelly Drive neighborhood founded the Kelly Drive Pumpkin Growers Association in 1997 and have succeeded in staging an annual festival. For the past 14 years, these founders, with the treasured contributions of many others, have seeded their community with giant pumpkins and staged the Annual Kelly Drive Giant Pumpkin Weigh-Off Party. This festive event includes aneighborhood-owned-tractor-driven hay ride, a pony circle for children, free lunch, a Golden Valley fire truck ladder climb, and free pumpkins for all who attend. The event culminates with a giant pumpkin weigh-off, complete with "da judge". It annually attracts 1,000 people from Golden Valley and neighboring communities. This delightful gathering has enlivened the city, fortified neighborhood bonds, and continues to serve as a model to inspire others. Recommended Action Award the Envision Award to George and Calista Abide, Karl and Nancy Cambronne and Jon and Sheila Horkey. r, t~~~ ~ ~~ ~ ~ Finance 763-593-8013 / 763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting October 5, 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. `Golden Valley Finance 763-593-8013 / 763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting October 5, 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. Golden galley ~rr~oran+du Inspections 763-593-8090 / 763-593-3997 (fax) Executive Summary For Action Golden Valley City Council Meeting October 5, 2010 Agenda Item 3. C. 1. General Business Licenses Prepared By Kathryn Pepin, Administrative Assistant 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. #4534 US Fleet Lease, LLC New/Used Vehicle Dealers $400.00 2420 Nevada Avenue North Recommended Action Motion to authorize the issuance of licenses as recommended by staff. CiC~' O~~ o en Valley r City Administration/Council 763-593-8006 / 763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting October 5, 2010 Agenda Item 3. C. 2. Gambling License Exemption and Waiver of Notice Requirement -Greater Minneapolis Crisis Nursery Prepared By Judy Nally, Administrative Assistant Summary As per State Statute organizations that conduct gambling within the City limits have to submit an application for a lawful gambling permit to the State after the permit has been approved or denied by the City. Depending upon the timing of the permit the applicants may request the City to waive the 30-day waiting period. Attachments Application for Exempt Permit (2 pages) Letter from Greater Minneapolis Crisis Nursery requesting waiver of 30 day waiting period (1 page) Recommended Action Motion to receive and file the gambling license exemption and approve the waiver of notice requirement for the Greater Minneapolis Crisis Nursery. llfiinnesofa Lawful Gambling Page 1 of 2 7/10 LG220 Application for Exempt Permit Application fee for each event Ifa lication ostmarkedorreceived: An exempt permit may be issued to a nonprofit organization that: less than 30 days more than 30 days - conducts lawful gambling on five or fewer days, and before the event before the event -awards less than $50,000 in prizes during a calendar year. $100 $50 ORGANIZATION INFORMATION Check # g Organization name Previous gambling permit number ~~ ~ ~ ~ ~Vtn~c~ o tS C,r,s ~Y Type of nonprofit organization. heck one. Fraternal ~ Religious ~ Veterans ©Other nonprofit organization Mailing address City State Zip Code County S'~C~o ~~e5n~~c~ ~U~e Gofi~en~~U~ll 1~ 6~ ~~n ~~ Name of chief executive officer (CEO) Daytime phon umber Email address `(`l1CtY ~CX.~ L2e, 7 ~ 3 ' ~a(o ~ a~`70 ~~ ~e.e@Ct's~~fl41>~~~ . Attach a copy of ONE of the following for. proof of nonprofit status. Check one. Do not attach a sales tax exempt status or federal ID employer numbers as they are not proof of nonprofit status. ^ Nonprofit Articles of Incorporation OR a current Certificate of Good Standing. Don't have a copy? This certificate must be obtained each year from: Secretary of State, Business Services Div., 180 State Office Building, St. Paul, MN 55155 Phone: 651-296-2803 IRS income tax exemption [501(c)] letter in your organization's name. Don't have a copy? To obtain a copy of your federal income tax exempt letter, have an organization officer contact the IRS at 877-829-5500. IRS -Affiliate of national, statewide, or international parent nonprofit organization (charter) If your organization falls under a parent organization, attach copies of both of the following: a. IRS letter showing your parent organization is a nonprofit 501(c) organization with a group ruling, and b. the charter or letter from your parent organization recognizing your organization as a subordinate. a IRS -proof previously submitted to Gambling Control Board If you previously submitted proof of nonprofit status from the IRS, no attachment is required. GAMBLFNG PREMISES INFORMATION Name of premises where gambling activity will be conducted (for raffles, list the site where the drawing will take place) ~12,~r ~~~-~~ n 1l rppn~ Address (do not use PO box) City Zip Code County i ~a 131 vcl 1 d en ~~ ~ te. ~(a~ ~ ~ n Date(s ) of activity (for raffl ,indicate the date of the drawing) r ^ heck the box or boxes that indicate the type of gambling activity your organization will conduct: Bingo* ®RafFles ~ Paddlewheels* ~ Pull-Tabs* ~Tipboards* * Gambling equipment for pull-tabs, bingo paper, tipboards, and paddlewheels must be obtained from a distributor licensed by the Also complete Gambling Control Board. EXCEPTION: Bingo hard cards and bingo Page 2 of this form. number selection devices may be borrowed from another organization authorized to conduct bingo, -inrE=drm To find a licensed distributor, go to www.gcbstate.mn.us and click on List Reset For-n of Licensed Distributors, or call 651-639-4000. LG~20 Application for Exempt Permit Page 2 of 2 1/10 LOCAL UNIT OF GOVERNMENT ACKNOW LEDGMENT If the gambling premises is within aity limits, If the gambling premises is located in a #ownship, a a city official must check the action that the city is county official must check the action that the county is taking taking on this application and sign the application. on this application and sign the application. A township official is not required to sign the application. .The application is acknowledged with no waiting period. The application is acknowledged with no waiting period. The application is acknowledged with a 30 day waiting The application is acknowledged with a 30 day waiting period, and allows the Board to issue a permit after 30 period, and allows the Board to issue a permit after 30 days (60 days fora 1st class city). days. The application is denied. ~ ~~ ~~ ~ The application is denied. Print county name K / Print city name / On behalf of the county, 1 acknowledge this application. On behalf of the city, 1 acknowledge this app ication. Signature of county official receiving application gnatur of city fficial r ceiving ap ication Title Date / / ~ ~ (Optional) TOWNSHIP: On behalf of the township, l / ~ Titl Date /~ acknowledge that the organization is applying for exempted gambling activity within township limits. [A township has no statutory authority to approve or deny an application [Minnesota Statute 349.166)] ~, Print township name Signature of township official acknowledging application Title Date / / CHiEf EXECUTIVE OFFICER'S SIGNATURE, The information provided in this application i comp/ d accurate to the best of my knowledge. 1 acknowledge that the financial report will be complefed an re to t e Boa w' 3 s of the date of our gambling activity. Chief executive officer's signature Date ~ ~/D~/C Complete a separate application for each gam ing activity: Financial report and recordkeeping required - one day of gambling activity, A financial report form and instructions will be sent with -two or more consecutive days of gambling activity, your permit, or use the online fill-in form available at -each day a raffle drawing is held www.gcb.state.mn.us. Within 30 days of the activity date, Send application with: complete and return the financial report form to the - a copy of your proof of nonprofit status, and Gambling Control Board. -application fee for each event. Make check payable to "State of Minnesota." To: Gambling Control Board 1711 West County Road B, Suite 300 South Print Form Reset Form Roseville, MN 55113 This form will be made available in alternative format (i.e. large print, Braille) upon request. Data privacy notice:The information requested on this form (and any attachments) will be used by the Gambling Control Board (Board) to determine your organization's qualifications to be involved in lawful gambling activities in Minnesota. Your organization has the right to refuse to supply the information requested; however, if your organization refuses to supply this information, the Board may not be able to determine your organization's qualifications and, as a consequence, may refuse to issue a permit. If you supply the information requested, the Board will be able to process your organization's application. Your organization's name and address will be public information when received by the Board. All other information provided will be private data until the Board issues the permit. When the Board issues the permit, all information provided will become public. If the Board does not issue a permit, alt information provided remains private, with the exception of your organization's name and address which will remain public. Private data are available to: Board members, Board staff whose work requires access to the information; Minnesota's Department of Public Safety; Attorney General; Commissioners of Administration, Minnesota Management & Budget, and Revenue; Legislative Auditor, national and international gambling regulatory agencies; anyone pursuant to court order; other individuals and agencies specifically authorized by state or federal law to have access to the information; individuals and agencies for which faw or legal order authorizes a new use or sharing of information after this Notice was given; and anyone with your written consent. September 14, 2010 Judy Nally City of Golden Valley 7800 Golden Valley Road Golden Valley, MN 55427 Dear Judy: .` 5 reater minneapo\ cr~s~s nursery i ®® stronger families, brighter futures Greater Minneapolis Crisis Nursery will host our Harvesting Hope Wine Tasting fundraising event at the Metropolitan Ballroom on Friday, October 15, 2010. We are requesting permission for a raffle at this event and respectfully request that the City Council waive the customary 30-day waiting period for the exemption for lawful gambling permit required for this type of event. Thank you for your consideration. Sincerely, l Kathleen Manning Annual Fund Manager Board of Directors Trent Blain, Chair Mary Zimmer, Vice-Chair Meleah Follen, Treasurer Carol Shaw, Secretary Eric J. Buss Paul J. Donovan Paul Emerson Wendy L. Fritz Christine Fruechte Brandi Hagen Debra K. Harless Kimberly J. Hogan Scott Kennedy Dawn Larsen Margot McManus Patty Murphy Lisa O'Brien Martha Pettee Lisa Walker Executive Director Mary Pat Lee nited Way Affiliated Agency Golden Valley Shelter and Administrative Offices • 5400 Glenwood Avenue, Golden Valley, Minnesota 55422 Minutes of a Regular Meeting of the Golden Valley Board of Zoning Appeals August 24, 2010 A regular meeting. of the Golden Valley Board of Zoning Appeals was held on Tuesday, August 24, 2010 at City Hall, 7800 Golden Valley Road, Golden Valley, Minnesota. Chair Segelbaum called. the meeting to order at 7:40 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 -July 27, 2010 MOVED by Sell, seconded by Kisch and motion carried to approve the minutes from the July 27, 2010 meeting. Commissioner McCarty abstained from voting. I1. The Petitions are: 3335 Major Ave N (10-08-05) Tim and Jean Mohr, Applicants Request: Waiver from Section 11.21, Subd. 11(A)(1) Front Yard Setback Requirements • 7 ft. off the required 30 ft. to a distance of 23 ft. at its closest point to the front yard (west) 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 stated that the applicant received a variance for the same proposal in 1997 but the front porch was never built. He added that variances not acted upon within one year expire. He noted that all of the homes on this block are located closer to the front yard property line than allowed. He explained that staff would have recommended approval of this variance request under the old interpretation of reasonable use but under the new Supreme Court interpretation staff is not able to recommend approval. Kisch noted that part of the requests approved in 1997 were completed and asked if the variance would still apply to the parts that weren't completed since they were all part of the same proposal. Hogeboom said no, and explained that the variance for the part of the proposal that was not constructed expired after one year. Kisch noted that the existing house is located 30.5 feet at its closest point to the front yard property line and a variance was given in 1997 to bring the house into conformance. He asked if the applicant would be allowed to build a 30-inch overhang into the front yard Minutes of the Golden Valley Board of Zoning Appeals August 24, 2010 _ Page 2 setback area. Hogeboom stated that 30 inches of eave or overhang would be allowed to be built into a setback area but the pillars being proposed could not be located in the setback area if they are .attached to a roof. Kisch suggested the applicant build the overhang with supports on the house rather than with pillars. Segelbaum said he thinks the 35-foot front yard setback requirement would then apply because it would no longer be considered an open front porch which is allowed to be 30 feet from the front yard property line. Nelson questioned the setback requirements for an uncovered front stoop or porch. Hogeboom stated that a 25 square foot landing area and stairs could be built in a setback area without a variance. Tim Mohr, Applicant, said he wants to have a roof over his front steps because there is a room under the steps that gets wet when it rains which is causing moisture and mold problems. He said he also wants to protect his front door and what he is proposing will improve the look and value of his property. He stated that when he bought the house there was approximately a half an inch of mold on the walls in that room under the front steps. He added that an overhang built with supports rather than pillars would not match the style of the house. He showed pictures of the work he has done to the front steps and the mold that was on the walls in the room under the steps. He added that he doesn't think the room under the steps can be put to reasonable use without a variance to allow for the proposed roof. Kisch stated that some water infiltration problems can be remediated with flashing or with the installation of a different door or different methods. Mohr stated that it would be nicer to be able to make the room under the steps usable space. He added that the size of the front, steps is not being altered and that his proposal will improve the character of the neighborhood. Segelbaum opened the public hearing. Seeing and hearing no one wishing to comment, Segelbaum closed the public hearing. Kisch referred to the foundation under the front steps and stated that it extends out 5 feet underground. He asked if the front yard setback would be considered from that foundation. Hogeboom stated that setbacks are figured from the foundation of structures located above ground. He noted that garden structures such as an arbor or a pergola would have different setback requirements and that might be something the applicant could consider. Kisch said he thinks the foundation under the steps would have to be considered when figuring setbacks. He added that if you consider the existing foundation under the steps to be non-conforming then the roof structure wouldn't be encroaching into the setback at all. Hogeboom explained that anon-conforming use cannot be expanded. Sell asked about the size of the area or room under the front steps. Mohr said the room he wants to use is directly under the steps and is approximately 6 or 7 feet wide. McCarty agreed with Member Kisch that there are other ways to potentially fix the water infiltration issues. Minutes of the Golden Valley Board of Zoning Appeals August 24, 2010 Page 3 Nelson said the criteria for granting a variance would have been met in this case if the Board was using the previous interpretation and to her the "reasonable use" language is still unclear. She questioned if it is reasonable to have mold in a home or if it is reasonable to expect that rain won't pour down on someone standing at the front door. McCarty stated that the property can still be put to a reasonable use even if the space under the front steps can't. Kisch agreed that the property can still be put to a reasonable use. Council Member Shaffer asked how big a stoop can be. Hogeboom stated that a stoop can be 25 square feet.. Shaffer noted that the area in question is larger than 25 square feet so the Board has to grant a variance for an existing front porch and as soon a variance is granted for the porch the applicant can build a roof because a porch includes a roof. Hogeboom stated the stoop in this case is not larger than 25 square feet but it protrudes out further than 30 feet. Shaffer noted that the applicant said the porch is 6 feet by 7 feet. Hogeboom clarified that the stoop is just the landing area at the top of the steps and in this case the room is under the stoop and the steps. Shaffer said the porch is a structure because there is a room underneath it. Therefore the City has to grant a variance for it to bring it into conformance. The whole structure would be considered a porch which would allow for the construction of a roof without requiring a variance. Nelson stated that the ordinance regarding front porches and stoops should be reconsidered because something huge could be built in a front yard as long as it doesn't have a roof. Kisch noted that a variance is not required in order to replace or repair an existing non- conforming structure and asked if the existing porch can be replaced since it is already there. Hogeboom said the stoop and stairs located there now are not non-conforming so the applicant wouldn't be repairing or replacing anon-conforming structure. Shaffer said this is not just a stoop because there is a room under it. Kisch agreed that since there is already a foundation under the stoop this structure really qualifies as something else. The Board discussed the definition of a porch and a stoop and they also looked at the applicant's photos and discussed a small overhang area located above the door. Hogeboom said the definition of a porch is an outdoor platform with a roof. Hogeboom explained that the word "porch" is not defined in City Code. However, the word "stoop" is defined. Hogeboom stated that, according to the City Code's definition of stoop, this structure qualifies as a stoop and not a porch. Kisch stated that there is still ambiguity regarding the definition of a porch and added that it is the Board's responsibility to interpret the definitions in the zoning code. McCarty suggested the Board either make a decision or table the request in order to get further clarification from the City Attorney regarding the definition of a porch. He said he is not comfortable calling the existing structure anything other than a stoop. The applicant said he would be willing to table his request. Segelbaum stated that under the previous variance standards he would be in favor of this request because the situation is unique to this property, the proposal is reasonable and it Minutes of the Golden Valley Board of Zoning Appeals August 24, 2010 Page 4 won't negatively impact the neighborhood. However, "reasonable use" as interpreted now does not fit because the properly is still able to be reasonably used. MOVED by Sell, seconded by McCarty and motion carried unanimously to table this request until the September 28, 2010 Board of Zoning Appeals meeting. III. Other Business No other business was discussed. IV. Adjournment The meeting was adjourned at 8:40 pm. Chuck Segelbaum, Chair Joe Hogeboom, Staff Liaison GOLDEN VALLEY ENVIRONMENTAL COMMISSION Regular Meeting Minutes July 26, 2010 Present: Commissioners, Anderson, Baker, Gitelis, Hill, Pawluk, Stremel and Utt; 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 6:58 pm. 2. Approval of Regular Meeting Minutes -June 26, 2010 MOVED by Pawluk, seconded by Stremel, and the motion carried unanimously to approve the minutes of the June 26, 2010 meeting. 3. Residential Solid Waste and Recycling Study Report prepared by staff was reviewed. It was suggested that Joe Hogeboom's name be added to the cover page since he prepared the report. A motion to approve the report and authorize submittal to the City Council was MOVED by Gitelis and seconded by Hill. The motion carried with one opposing vote by Anderson. The report will be presented at the August 11th Council/Manager meeting. Clancy reported that Plymouth and Minnetonka residents were surveyed regarding their interest in moving to an organized hauling system. Generally, the survey reflected that there was not significant interest in changing from an open system to organized hauling. Regarding recycling, there was interest in going to containers on rollers but continue with weekly pick-ups. Golden Valley was asked to participate in the study but management staff felt that the survey was scheduled too early in the commission's process so declined. Commissioners expressed their disappointment in that decision and that staff failed to inform the commissioners of the survey at any time since the decision was made during the first quarter of the year. 4. Program/Project Updates A. TMDL - no changes. B. I/I - no changes C. Private Development Update - Menards will be back on the Council Agenda D. EAB -The management plan will be presented to Council on August 17th and will include comments from the Commission. E. MPCA Progress Repor t -Two maintenance buildings will have the lighting retro-fit as well as some of the traffic signals owned by the State but paid for by the City. The money for these projects is part of the Energy Efficiency Conservation grant. 5. Commission Member Council Reports None 6. Other Business None Minutes of the Environmental Commission July 26, 2010 Page 2 of 2 7. Adiourn MOVED by Stremel, seconded by Pawluk, and the motion carried to adjourn. The meeting adjourned at 7:40 pm. The next scheduled meeting will be August 23, 2010 at 7:00 pm. GOLDEN VALLEY OPEN SPACE & RECREATION COMMISSION Regular Meeting Minutes July 26, 2010 1. Call to Order Sandler called the meeting to order at 7:00 p.m. 2. Roll Call Present: Roger Bergman, Kelly Kuebelbeck, Bob Mattison, Emily Piper, Jerry Sandler, Dan Steinberg, Rick Jacobson, Director of Parks and Recreation; Ben Disch, Brookview Golf Course Manager; Brian Erickson, Recreation Supervisor; and Sheila Van Sloun, Administrative Assistant. Absent: Brad Kadue and Anne Saffert. 3. Agenda Changes or Additions None made. 4. Approval of Minutes -June 28, 2010 MOTION: MOVED by Bergman and seconded by Piper to approve the June 28 meeting minutes. Motion carried unanimously. 5. Brookview Golf Update -Ben Disch Disch, who has been with Brookview Golf Corse eleven seasons, and has been the Golf Course Manager for the past 2'/2 years, gave the Commission a detailed history of the golf course dating back to 1920 when the course was built and run as a private Country Club. He said the course operated as a private country club until it was purchased by the City of Golden Valley in November of 1968. In the spring of 1969, the course opened for its first season as a city owned and operated public golf course. Disch said Brookview Golf Course is built on a designated flood plain. He discussed the many flooding issues the course has endured throughout the years and how it has impacted the course. He said in 1990, the course had to close for redesign and reconstruction of the greens. Disch then gave highlights for 2010. Brookview was selected to host the 2010 and 2011 Minnesota Women's Public Golf Association Match Play Championship and was also selected as the host site for two Junior PGA tournaments. 2010 is the first year Brookview has offered individual and groups lessons through a restructured Brookview Golf Academy. Disch said golf lesson and junior golf league registrations are the highest they have been in years. Disch reviewed course rounds from 2009 and is optimistic that 2010 will be comparable. Minutes of the Golden Valley Open Space and Recreation Commission July 26, 2010 Page 2 6. Athletic Field Grant Program Jacobson said last Tuesday, the Council approved a professional services agreement with Anderson Johnson Associates for the Honeywell Ball field project. Golden Valley Little League will be giving the City a letter of commitment for the $67,500 they will be raising for the project. 7. Fees and Charges Jacobson reviewed with the Commission the new fees and charges for 2011. He shared changes in the fees, including a new Youth Athletic Association Maintenance Fee and an Invitational Golf Tournament Fee. The proposed fees are intended to help cover field maintenance costs. MOTION: MOVED by Piper and seconded by Steinberg to approve the 2011 fees and charges as proposed. Motion carried unanimously. 8. Adjournment MOVED by Bergman and seconded by Mattison to adjourn at 8:25 p.m. Motion carried unanimously. Envision Connection Project Board of Directors Meeting Thursday, August 19, 2010 7 pm Council Conference Room, GV City Hall Present: Linda Loomis, Chair, Lynn Gitelis, Sharon Glover,, Jim Heidelberg, Cindy Inselmann, Helene Johnson, Philip Lund, Dean Penk, Marshall Tanick, Blair Tremere. Absent: Luke Weisberg. Staff: Jeanne Andre, Sandy Werts. I. Approval of Minutes of July 22, 2010 The minutes were approved as written. Moved by Tremere, seconded by Johnson and approved unanimously. II. Introductions The Board welcomed the new staff liaison and volunteer coordinator for the Envision Connection Project, Sandy Werts and two new board members, Lynn Gitelis and Cindy Inselmann. III. Proposed Community Foundation/Non-Profit a. Transitional Board -Penk reported that he has tried contacting the 12 representatives for the Foundation, but can get at most five people who are able to attend any of the proposed meeting dates. Six people are needed. A meeting will be set for after Labor Day. A representative from the three major groups involved should attend. b. Next Steps -Work off the information from the June meeting. A time line and milestones will be set. The committee will work with the established mission. Penk would like to see the Foundation launched by 1-11-2011. IV. Bridge Building Activities a. Lilac Planting-The date is set for October and the word is going out. Andre talked about event sponsors. Letters have been sent to 10 to 12 Golden Valley Companies. Alliance will not be a sponsor. However, they have a program that if five or more employees volunteer, Alliance will give $100 for each volunteer. General Mills is donating two gross of nature Valley Granola Bars. Byerly's has given in-kind support in the past and Caribou gave coffee at half price. Tremere will follow-up with phone calls. Funding is needed to rent the tiller and auger. Golden Valley Lutheran and Barr Engineering expressed interest in helping. Barr might have sponsorship funds. Dwight Townes is eliciting support from adjacent property owners. He would like to get KARE 11 to come to promote planting on October 2. A call has gone out for team leaders. Lund talked about "Berma Shave" type publicity. He has written some slogans. Signs will go up at four or five locations including Golden Valley Road and Boone Avenue, General Mills Boulevard, and locations of past plantings along Highway 55. The signs will go up after Labor Day. b. Ice Cream Social-The event was successful. The final revenue report and money has not been turned in. c. Dog Park-Crystal has opened a park in a location convenient to many Golden Valley residents. Discussion ensued to delay this initiative until someone steps forward to do the work. Glover expressed interest in getting involved. d. Buckthorn Busting- Tremere is requesting a grant from the Watershed District. He would like to have an educational event in the fall to get people "fired-up". Golden Valley days may be a good time to have a demonstration project. e. Garden Club-The Garden Club is interested in weeding in city medians. Gitelis talked about Community Gardens. No one has expressed interest in serving on a community garden advisory board. Valley Presbyterian Church is willing to host gardens open to the public. There would be individual plots for people who cannot garden on their own property. At the Valley community gardens a percentage of the produce is given to PRISM. Every Tuesday gardeners gather for a potluck and to work. SHIP (Statewide Health Improvement Program) has an emphasis on community gardens and has grants available. f. Neighbors Helping Neighbors-No report. g. After School in the Valley-No report. h. Volunteers in the Valley-Andre said flyers were available at the Ice Cream Social and at the August 3 block parties trying to get people interested in organizing a single day of community service. It can be a single project or numerous projects around town. i. Natural History Museum-No report. j. Memorial Day Parade-No report. k. Bridge Builders Quarterly Meeting-Tremere reported that the Byerly's Community Room is available on Saturdays until 11 am. He has made contact with Byerly's and is in the process of setting up the meeting. The Board recommended that Blair try to schedule the next meeting on October 16 or 23 and begin at 9 am with a tour of the facility. V. Valley Days No report. VI. Communications No report. VII. Recruitment of members to the Executive Board The two new members, Lynn Gitelis and Cindy Inselmann were appointed at the August 17 Council meeting. VIII. Golden Valley's 125th Anniversary Tanick prepared a letter inviting interested and key members of the community to an organizational meeting. Andre will check on dates the Council Chambers is available. Interested people will RSVP to Sandy Werts. A slate of events should be identified before January 1 to get into the City publicity calendar. The Golden Valley Days Committee would like to see the celebration kicked off at that event. They envision a large display by the Historical Society at the small pavilion at Brookview. Lund will contact the Historical Society Board to see if they would be interested in preparing the display. IX. Future Meetings The next meeting will be September 16 at Brookview Community Center. Johnson will not be in attendance. Future Meeting dates are: October 21, November 18 and December 16. X. Adjournment The meeting adjourned at 9:08 pm. Sandy Werts, Volunteer Coordinator Bassett Creek Watershed Management Commission Minutes of the Meeting of August 19, 2010 1. Call to Order The Bassett Creek Watershed Management Commission (BCWMC) was called to order at 11:35 a.m., Thursday, August 19, 2010, at Golden Valley City Hall by Chair Loomis. Ms. Herbert conducted roll call. Roll Call Crystal. Commissioner Pauline Langsdorf, Administrator Geoff Nash Secretary Golden Valley Commissioner Linda Loomis, Chair Counsel Charlie LeFevere Medicine Lake Commissioner Ted Hoshal Engineer Len Kremer Minneapolis Alternate Commissioner Lisa Goddard Recorder Amy Herbert Minnetonka Commissioner Bonnie Harper-Lore New Hope Alternate Commissioner Al Sarvi Plymouth Commissioner Ginny Black, Vice Chair Robbinsdale Commissioner Wayne Sicora 5t. Louis Park Commissioner Jim deLambert Arrived after roll call: New Hope Commissioner John Elder Also present: Laura Adler, BCWMC Technical Advisory Committee, City of St. Louis Park Pat Byrne, BCWMC Technical Advisory Committee, City of Minneapolis Jeannine Clancy, BCWMC Technical Advisory Committee, City of Golden Valley Kari Geurts, Golden Valley Resident Dave Hanson, Alternate Commissioner, City of Golden Valley Tom Mathisen, BCWMC Technical Advisory Committee, City of Crystal Justin Riss, Alternate Commissioner, City of St. Louis Park Kevin 5pringob, Plymouth Stu Stockhaus, Alternate Commissioner, City of Crystal Liz Stout, BCWMC Technical Advisory Committee, City of Minnetonka Liz Thornton, Alternate Commissioner, City of Plymouth Jeff Weiss, Barr Engineering Company 2. Approval of Agenda and Consent Agenda Commissioner Black moved to approve the Agenda and Consent Agenda. Alternate Commissioner Goddard seconded the motion. The motion carried unanimously with nine votes in favor. 3. Citizen Input on Non-Agenda Items Ms. Kari Geurts, on behalf of the Caroline's Kids Foundation and the Hidden Lakes Neighborhood in Golden Valley, asked the Commission to entertain a motion to suspend the use of aerators on Sweeney Lake until the TMDL study recommendations have been finalized. Ms. Geurts explained that the rationale for the request is lack of evidence or proof that the aerators are the best mitigating process to address the water quality issues on the lake and that those resources being used for the aerators could be used for an alternate solution. Chair Loomis said that the Commission can consider the request but typically the Commission would add the issue to a future agenda for any action. She pointed out that there are no Commission resources being used for the aerators and added that the aerators are being handled privately. Chair Loomis explained that if the use of the aerators was suspended it would not mean that there would be BCWMC money for other action. Commissioner Black commented that the BCWMC likely doesn't have authority over the aerators and that instead the authorizing body is likely the Minnesota Department of Natural Resources (DNR). Mr. Kremer confirmed that aeration systems are regulated by the DNR. Chair Loomis stated that the Commission would not be able to take action over the use of the aerators. Mr. Kremer commented that the Commission would not be able to take action but there would be a possibility of an M54 taking action in the future since testing of the lake will be required in the future, such as for the 2011 MS4 permit. He said that testing can't occur when the aerators are operating. Ms. Loomis stated that when the Commission adds the topic to a future meeting agenda the Commission will notify Ms. Geurts and the Caroline's Kids Foundation and a contact for the Hidden Lakes neighborhood. 4. Administration A. Presentation of the July 15, 2010, BCWMC meeting minutes. Approved under the Consent Agenda. B. Presentation of the Financial Statement. Approved under the Consent Agenda. The general and construction account balances as reported in the August 2010 Financial Report: _ Checking Account Balance 552,788.44 TOTAL GENERAL FUND BALANCE 552,788.44 Construction Account Cash Balance 2,971,562.95 Investment due 10/18/2010 533,957.50 TOTAL CONSTRUCTIONACCOUNT BALANCE 3,505,520.45 -Less: Reserved for CIP projects 2,712,691.88 Construction cash/ investments available for projects 792,828.57 C. Presentation of Invoices for Payment Approval. Invoices• i. Kennedy & Graven -Legal Services through June 30, 2010 -invoice for the amount of $1,751.22. ii. Barr Engineering Company -Engineering Services through July 30, 2010 - invoice for the amount of $57,731.27. iii. Watershed Consulting, LLC -Administrator Services through July 31, 2010 - invoice for the amount of $2,627.09. iv. Amy Herbert -July Administrative Services -invoice for the amount of $1,775.38. v. D'amico Catering -August 2010 meeting catering -invoice for the amount of $384.74. vi. Shingle Creek -Joint Sponsorship of Metro Blooms Rain Garden Workshops - invoice for the amount of $2,000.00. ana9soo vl 2 BCWMC August 19, 2010 Meeting Minutes Commissioner Black requested a separate breakout of Barr Engineering's cost per feasibility study and said the information can be e-mailed to her. Mr. Kremer said he can get that information to the Commission. Commissioner Black moved to approve payment of the invoices. Commissioner Hoshal seconded the motion. The motion carried unanimously. 5. Public Hearing Chair Loomis explained that today's public hearing was being held in order to receive public testimony and comments of member cities regarding the proposed major plan amendment to the BCWMC's Watershed Management Plan, which comprised the following proposed Capital Improvement (ClP) projects: • Restore the Main Stem of Bassett Creek in the City of Golden Valley from Wisconsin Avenue to Rhode Island Avenue and from Duluth Street to the Golden Valley -Crystal boundary. • Restore the channel of the North Branch of Bassett Creek in the City of Crystal from 32'"~ Avenue North to Douglas Drive North. [Commissioner Elder arrived]. Mr. Jeff Weiss gave a presentation that summarized the draft feasibility report for the Main Stem restoration project. He noted that the project's cost estimate of $610,800 as documented in the feasibility study, is lower than the estimate in the current ClP because the project scope was revised to not include the restoration of reach two of the Main Stem. This reach was not included because the City communicated that it is not ready to implement the project on that reach of the Creek. He added that the cost estimate includes design and construction costs and factors in costs related to some right-of-way acquisition from commercial properties, costs related to testing of excavated materials and a conservative estimate of 50% of excavated materials needing to be handled as hazardous materials, costs related to an archeological investigation, and the identification of four additional restoration sites along the Main Stem. Mr. Weiss stated that he recommends that the Commission take action to move the project forward and to modify the Commission's CIP to reflect the change in the project cost estimate. Commissioner Black noted that there were discrepancies between the text and tables one and two regarding the tree loss number. She commented that the text of the report and the appendix do not address whether there would be any wetland mitigation necessary and if there would be a project cost associated with mitigation. Mr. Kremer responded that for both projects being discussed today the Engineer anticipates that the stream restoration will self mitigate the wetland loss and that there will be no mitigation costs. He said that the information can be included in the report. Commissioner Black asked if the City agrees with the additional sites included in the project. Ms. Clancy replied that the City has not had time to review the information in detail and would like the opportunity to do so. Commissioner Black added that the text of the report doesn't delineate which sites are the four new ones and she would like the report to include that information. Commissioner Black commented on the report's assumption that 50% of the soils would be found to be contaminated and asked what contaminates the soils. Mr. Kremer responded that the assumption was based on the history of projects in Golden Valley and what the City has encountered in the past regarding the amount of contaminated soils it has had to deal with in projects such as street reconstruction and pond excavation. He said the typical contamination found in soil samples has been PAH compounds. Ms. Clancy asked how many soil samples were budgeted for the project. Mr. Weiss responded that the cost did not assume a certain number of samples. Ms. Clancy asked that the Engineer consider the number of sites that should be sampled. #2a9soo vl 3 BCWMC August 19, 2010 Meeting Minutes Commissioner Hoshal asked about the life expectancy of the restoration projects. Mr. Weiss responded that it should be 25 years or more with the use of the rock vanes and the rip rap and that the biologs last five years and by then vegetation should be established. Commissioner deLambert remarked that it would be helpful if the report included information explaining the yardage of contaminated soil that would need to be disposed of a hazardous material. Mr. Kremer stated that Barr Engineering can add the requested information to the feasibility study report prior to the BCWMC's September 23` public hearing on the projects. Mr. LeFevere remarked that in the past for CIP projects the Commission has entered into a contract with the City, which then acts as the implementing agency on the project. He added that the City, as part of its contract, does the design and prepares the plans and specs. Mr. LeFevere said that if the Commission wants to take upon itself the responsibility for creating a design at the level of detail being discussed by the Commission, which has typically been the responsibility of the cities, then the Commission should clarify its role right away. Mr. Kremer said that as Commission Engineer he would not recommend the Commission take on that role and would instead recommend that the Commission follow the process it has followed in the past and designate a City to complete the project. Mr. LeFevere commented that the Commission doesn't typically see the final design, specs, and bidding documents. Commissioner Black requested that clarification on the contaminated soils be added to the report and to add information on whether the costs for the cultural and historical investigation are included in the cost estimate and that more information be added about the wetland mitigation and the assumptions made regarding those costs. Chair Loomis commented that there is a reference in the report to the North Branch and asked that the data and labels be reviewed for accuracy. Chair Loomis opened the public hearing and asked for comments. Chair Loomis hearing no comments closed the public hearing. Chair Loomis raised the issue of City of Golden Valley policy issues and Commission policy issues regarding inequities of the Commission paying the cost for Creek restoration when some cities have cost share programs and some don't. She said there is also a potential issue given that some residents have participated in channel restoration through the cost share program in Golden Valley and now the Commission is considering restoring the creek without resident participation in the cost. Chair Loomis also raised the issue of maintenance of the restoration projects. She said she doesn't have a problem with having the projects in the BCWMC's CIP but she isn't sure that the City of Golden Valley is willing to move forward with the projects without City Council discussion of the policy issues. Commissioner Black remarked that she is willing to put the projects on the Commission's CIP and to try to have the City and the Commission work out the policy issues. Commissioner Black moved to approve this project as part of the proposed major plan amendment and to forward the project as part of the amendment to the Minnesota Board of Water and Soil Resources (BWSR) for final approval. Alternate Commissioner Goddard seconded the motion. The motion carried unanimously with nine votes in favor. [Commissioner Elder replaced Alternate Commissioner Sarvi as the voting member for the City of New Hope for the remainder of the meeting]. Mr. Weiss gave a presentation that summarized the North Branch restoration project. He reported that the cost estimate is $896,900, which is larger than the estimate in the BCWMC's current CIP for the reasons that the new estimate includes four additional sites compared to the number of sites included in the City's streambank inventory and that there is a contingency built in to ensure that there is enough money to complete the project. He said that this project also assumed that 50% of the soils would have to be disposed of off site. Mr. Weiss explained that the cost estimate includes construction easement costs of $20,000, or $1,000 per site. He said that Barr Engineering recommends that the Commission take action to move forward with the project and to revise the Commission's CIP to reflect the #249800 vl 4 BCWMC August 19, 2010 Meeting Minutes increased cost estimate. Mr. Mathisen commented that the assumption that 50% of the soils would be contaminated and would have to be disposed of off site seems very conservative and asked that Barr Engineering take a hard look to see if that assumption could be reduced to 30%. Mr. Kremer said that 50% is based on input from the City of Golden Valley and therefore he thinks that 50% is a good assumption. Commissioner Black asked the Commission Engineer to provide for the September meeting information on how much money the BCWMC will be receiving in grant funds and how much money is in the Commission's CIP Reserve since these projects will be partially funded by the reserve and grant funds. Commissioner Hoshal commented on a detail on page 14 of the report that discusses the Local Governmental Unit (LGU) of the project. He stated that the LGU should be identified as the City of Crystal. He also made a recommendation that the Commission budget 2% of a project's cost to educate the public on how to manage property in riparian zones. Chair Loomis remarked that a problem the City of Golden Valley has encountered with education programs is that property owners move. Commissioner Black requested that the feasibility report be updated to reflect consistency with the tree loss data, to include more details about the assumptions about wetland mitigation, and to identify the four additional sites and all the costs included in the cost estimate. Commissioner Hoshal commented that he would like to see the report discuss the project's tree replacement program. Mr. Weiss remarked that he assumed atwo-to-one tree replacement for the project. Chair Loomis opened the public hearing and asked for comments. Hearing no comments, Chair Loomis closed the public hearing. Commissioner deLambert moved to approve the project as part of the proposed major plan amendment and to add the project to the Commission's CIP and to forward the project as part of the amendment to BWSR for final approval. Commissioner Elder seconded the motion. The motion carried unanimously with nine votes in favor. 6. New Business No New Business 7. Old Business A. Update on 2011 Clean Water Grant Fund Application. Mr. Kremer reported that the Commission Engineer investigated whether BWSR awarded points to grant applications based on the percentage of local participation in the project cost and found out that no points are awarded on that basis. He said his recommendation is that the Commission apply for no more than one- third of the projects' costs based on the total amount of funds available, which is 2.7 million for the entire state of Minnesota. He reminded the Commission that the grant application deadline is September 15. Mr. Kremer stated that at the July BCWMC meeting the Commission Engineer recommended that the Commission not apply for grant funding for the Wirth Lake outlet structure project because at that time it was uncertain whether the TMDL implementation plan would be approved in time to be eligible for grant funding. Mr. Kremer said he has spoken with Ms. Brooke Asleson of the MPCA who said the implementation plan would likely be approved in time for the project to be eligible for the grant. Mr. Kremer recommended that the BCWMC include the Wirth project in the grant application in addition to the Main Stem and North Branch projects recently discussed in the public hearing. Commissioner Black moved to approve staff to apply for grant #249800 vl 5 BCWMC Angust 19, 2010 Meeting Minutes funding for the Wirth Lake outlet structure project in addition to the two restoration projects. Co*nmiccioner Harper-Lore seconded the motion. The motion carried unanimously with nine votes in favor. B. Medicine Lake Outlet. Mr. Kremer reported that he attended the August 2"d Medicine Lake City Council meeting to discuss the City's request that the Commission investigate whether the Medicine Lake Dam releases water too quickly. Mr. Kremer said that the concerns expressed included that some people were having a hard time accessing parts of the lake requiring some residents to build out their docks to reach deeper water. Mr. Kremer said that the structure was designed and built so that for all flows less than the ten-year level the water levels are about the same as prior to the construction, meaning that modification has not affected water flow. Mr. Kremer explained that the issues with modifying the outlet structure are detailed in the memo in the meeting packet. He said that one of the most significant problems with modifying the ten-year flood level is the easement issue and that action to modify the level would require the securing of an easement from each property owner. He said the Commission Engineer's recommendation is for the Commission to forward the issue to the TAC to review and develop recommended strategies responding to the technical issues. Commissioner Elder reported that he also attended the council meeting and that there was a strong push from those people in attendance that the Commission dredge Medicine Lake. Mr. Kremer commented that the Commission did investigate adding to its ClP a project to dredge Medicine Lake that would improve water quality and provide better access to the lake. He said that the Commission asked the TAC to get more information from a contractor and ultimately the TAC recommended that the project not be considered by the Commission. Commissioner Black commented that the data clearly indicates that the times in which the residents are experiencing problems with the water levels are the times of drought and that she would be hesitant to change the outlet due to the potential issues for flooding. Chair Loomis said she feels it would be irresponsible for the Commission to raise the flood level of the lake. Commissioner Harper-Lore moved to not forward the issue to the TAC. Commissioner Black seconded the motion and added the friendly amendment for the Administrator to draft a response letter to the City of Medicine Lake to communicate the Commission's findings. The motion carries with eight votes in favor and one vote against f City of Medicine Lakel. C. Sweeney Lake Outlet. Mr. Kremer reported that at the July meeting the Commission requested additional information about right of way for the structure and Commission responsibility for replacement of the structure. He indicated that the City of Golden Valley owns the property that the current structure is on and the area is big enough to accommodate the new structure that would be built and no additional easements would be needed. He stated that the detailed information regarding Commission responsibility for the structure was in the memo from the Engineer included in the meeting packet. He also reported that the Commission Engineer contacted the DNR to find out what it would want in a letter requesting funding for the project from the Dam Safety Program. Commissioner Black moved to approve staff's recommendation that the TAC review the project, its prioritization, and project schedule as part of the annual CIP review and to authorize staff to prepare a letter to the Minnesota DNR requesting funding assistance from the Minnesota Dam Safety Program for construction of a new Sweeney Lake outlet structure. Commissioner Langsdorf seconded the motion. The motion carried unanimously with nine votes in favor. D. E. Coli Monitoring. Mr. Kremer stated that the Commission received a memo in the meeting packet summarizing the E. coli monitoring done cooperatively with the MPCA from 2008 to June 2010. He said there were six sites sampled along Bassett Creek, including four sites on the Main #249800 vl BCWMC August 19, 2010 Meeting Minutes Stem, one on Plymouth Creek, and one on the North Branch. He said the data will be used by the MPCA in its Mississippi River E. coli study currently underway, which was the MPCA's purpose for the joint data collection. E. TMDL Updates: i. Wirth Lake TMDL. Administrator Nash remarked that earlier in the meeting the BCWMC discussed adding the Wirth Lake outlet strncture to the grant application and that there was no other news to report on this TMDL. ii. Sweeney Lake TMDL. Administrator Nash reported that the MPCA would like more public involvement in the technical stakeholder meeting but the meeting hasn't been scheduled yet. Chair Loomis said she didn't understand the change in the purpose of the meeting from being a technical stakeholder meeting for the M54s to discuss the MPCA's numbers for the external and internal load reductions to being a public meeting. Administrator Nash stated that he has sent an agenda to the MPCA regarding what the Commission wants to get out of the meeting and structured the agenda so it would be light on introductory information and would focus on the wasteload allocation issue and the differences between the MPCA's and the BCWMC's load allocations and would also focus on implementation issues. F. Discuss Commissioners' Roles in Watershed Management Plan Revision. Item tabled until the September BCWMC meeting since no immediate action was necessary and to allow for the participation of Commissioner Welch. G. Set Agenda for the September BCWMC TAC Meeting. Administrator Nash reported the TAC issues include the Sweeney Lake outlet for the TAC's review when it reviews the C1P and a discussion of standardization of monitoring methods and procedures. Chair Loomis said the TAC had also created a list of issues from the Next Generation Plan process and that the TAC had planned to tackle the issues one or two at a time at each meeting. Administrator Nash remarked that he would start that process by getting a memo out to the cities on the issues. Commissioner Elder said that Mr. Jason Quisberg or Mr. Guy Johnson would be bringing an issue that the City of New Hope would like the TAC to discuss. Chair Loomis asked Administrator Nash to make sure the City of New Hope gets the issue on the TAC meeting agenda. H. Education Committee Report. Commissioner Langsdorf reported that Commissioner Harper- Lore is heading up the Bassett Creek /BCWMC history project. Commissioner Harper-Lore reported that the Committee met with Deacon Warner and discussed his project and the Commission's project. She said that a history project subcommittee has been formed and will be co-chaired by herself and Commissioner Hoshal and also includes Commissioner Langsdorf, Alternate Commissioners Stockhaus and Thornton and Education Committee members Mary Karius and Margie Virgoren. Commissioner Black reported that the Commission received an education grant application for the creation of a rain garden on private, residential property. The Commission discussed the issue of funding projects on private property and discussed the BCWMC's education grant criteria. Commissioner Black moved to deny the application for grant funding due. Commissioner Elder seconded the motion. The motion carried with eieht votes in favor and one vote against f City of Medicine Lakel. Alternate Commissioner Goddard asked if the Commission will change its criteria so that it is clear that these types of projects are not eligible for grant funding. Commissioner Black responded yes. I. Merging the Cl1' and the TMDL Project Lists. Administrator Nash reported that there is a memo on the issue in the meeting packet and that the item should be deferred until after the TAC has a #2a9soo vl 7 BCWMC August 19, 2010 Meeting Minutes chance to take it up. J. Hennepin County's Consideration of Alternate ~lnding Methods for the CIP. Administrator Nash reported that the Commission received a memo dated August 4~' signed by Carl Michaud, Director of the Hennepin County Department of Environmental Services. He said that the issue is that some of the Hennepin County commissioners are sensitive to raising taxes for somebody else and asked County Staff to look at alternate funding mechanisms of Watershed Management Organizations. Administrator Nash said the memo describes some alternatives that could be investigated further. Administrator Nash explained that Joel Settles of Hennepin County would like feedback from the Commission. Mr. LeFevere commented that if the County is pushing restructuring and if the Commission is interested in restructuring, then now may be the time for the Commission to pursue the issue. Commissioner Elder stated that he would be willing to sit down with County Commissioner Opat to discuss the BCWMC with him. Commissioner Black commented that she is open to a discussion of a potential change in structure and she would want the Commission to be part of that discussion. She suggested that the Commission communicate to the County that the BCWMC appreciates the memo and would be interested in talking further and would be willing to participate in a County-led forum of Watershed Management Organizations (WMOs) to discuss the issue. Commissioner Hoshal suggested that the BCWMC contact the Minnesota Association of Watershed Districts (MAWD) and the League of Minnesota Cities to see if they have positions on the issue. Commissioner Elder asked if the issue has to be handled right away or if the Commission could take action after the election season. Chair Loomis recommended that the BCWMC respond to the County stating that the BCWMC appreciates the memo and would be willing to discuss the ideas further and would be willing to participate in a joint discussion with other WMOs. Mr. LeFevere stated that it would be nice for the Commission to have aone-page working paper on the issue for commissioners to use in communication with their city councils. Chair Loomis directed Administrator Nash to put together the working memo and the letter to the County. 7. Communications A. Chair: i. Chair Loomis reported that there was an article in the Pioneer Press recently about what Ramsey Conservation District is doing with a couple of lakes and that she would hand around copies. B. Administrator: Administrator Nash reviewed his Administrator's Report with the Commission C. Commissioners: i. Commissioner Black stated that Alternate Commissioner Hanson did not receive a response to his comments on the Sweeney Lake TMDL and would like a copy of how the comments were responded to. Chair Loomis said the Commission has authorized that the draft Sweeney Lake TMDL go to the MPCA and that the comments can be addressed during the public comment period. Commissioner Black requested that the Commission send a letter to Alternate Commissioner Hanson. ii. Commissioner Hoshal reported that he was appointed as the BCWMC Commissioner for Medicine Lake on August 2"d. #2a9soo vl BCWMC August 19, 2010 Meeting Minutes iii. Commissioner Langsdorf announced that the next Education Committee meeting will be held on September 10~' at 9:00 a.m. at Plymouth City Hall and the next WMWA meeting will be held on September 14th at 8:30 a.m. in Plymouth City Hall. iv. Commissioner Langsdorf stated that she will forward a brochure to Ms. Herbert about program for Environmental Education for Urban Youth through a grant received by Hennepin County Environmental Services. She said that a number of schools in the watershed would be able to take part and she will ask Ms. Herbert to forward the information on to the Commission. v. Commissioner Langsdorf discussed the upcoming training program by the Freshwater Society and the Friends of the Minnesota Valley regarding organizing clean ups for water quality and said the Education Committee would consider adding next year as a project. vi. Alternate Commissioner Thornton announced that Ginny Black was recently given an award by the National Environmental Hall of Fame. vii. Alternate Commissioner Goddard reported on behalf of Commissioner Welch that a body had been found in the creek. D. Committees: No communications E. Counsel: No communications F. Engineer: i. Mr. Kremer reported that the Commission was sent a copy of BWSR's comments on the April 26, 2010, major. plan amendment and that the comments were minor and that BWSR will be considering the amendment request in September. ii. Mr. Kremer reported that the City of Minneapolis sent the BCWMC a request for comments on its comprehensive plan. He recommended that the Commission authorize its Administrator to send the Commission's standard letter to the City of Minneapolis. Chair Loomis moved to direct staff to send the letter. Alternate Commissioner Goddard seconded the motion. The motion carried unanimously with nine votes in favor. 9. Adjournment Chair Loomis adjourned the meeting at 2:50 p.m. Linda Loomis, Chair Date Amy Herbert, Recorder Date Pauline Langsdorf, Secretary Date ~na9soo vl BCWMC August 19, ZO10 Meeting Minutes 9 rGolden Valley Public Works 763-593-8030 / 763-593-3988 (fax) Executive Summary For Action Golden Valley City Council Meeting October 5, 2010 Agenda Item 3. E. Resolution Authorizing Grant Application to the Minnesota Pollution Control Agency for Assistance with Contaminated Pond Sediment Removal Prepared By Jeannine Clancy, Director of Public Works Summary The Minnesota Pollution Control Agency (MPCA) has announced that funding is available to assist communities with the removal and management of stormwater pond sediments which contain polycyclic aromatic hydrocarbons (PAHs). In order to be eligible for the funds, the City must have an ordinance in place which restricts the use of undiluted coal tar sealants. The City adopted Ordinance No. 441 regulating the use of coal tar-based sealer products this summer. Furthermore, the City is currently in the process of completing the project bidding documents for the Country Club Pond Project (No. 10-11). The City has tested the sediments in this.: pond and found that the sediments are contaminated with PAHs. The project is in the City's 2010 stormwater CIP. Staff requests that the resolution be adopted authorizing the application to the MPCA. Attachments Resolution Authorizing Grant Application to the Minnesota Pollution Control Agency for Polycyclic Aromatic Hydrocarbons (PAHs) for Contaminated Pond Sediment Removal (1 page) Recommendation Motion to adopt Resolution Authorizing Grant Application to the Minnesota Pollution Control Agency for Polycyclic Aromatic Hydrocarbons (PAHs) for Contaminated Pond Sediment Removal. Resolution 10-51 October 5, 2010 Member introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING GRANT APPLICATION TO THE MINNESOTA POLLUTION CONTROL AGENCY FOR POLYCYCLIC AROMATIC HYDROCARBONS (PAHs) FOR CONTAMINATED POND SEDIMENT REMOVAL WHEREAS, the Minnesota Pollution Control Agency (MPCA) has announced that funds are available to assist municipalities that have adopted ordinances for the restricted use of undiluted coal tar sealants; and WHEREAS, the MPCA will consider applications for projects being undertaken by these communities which focus on removal and management of stormwater pond sediments contaminated with polycyclic aromatic hydrocarbons (PAHs); and WHEREAS, the City of Golden Valley is in the process of finalizing the project documents for Project No. 10-11, Country Club Pond Excavation, which meets the requirements of the MPCA PAH Contaminated stormwater Pond Sediment Program. NOW, THEREFORE, BE IT RESOLVED, that the City Council authorizes the Director of Public Works to complete and submit the grant application documents on behalf of the City for the PAH Contaminated stormwater Pond Sediment Program for Project No. 10-11, Country Club Pond Excavation. 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. rGolden Valley ~" • ~. Public Works 763-593-8030 / 763-593-3988 (fax) Executive Summary For Action Golden Valley City Council Meeting October 5, 2010 Agenda Item 3. F. Adoption of Resolution Authorizing Amendment No. 1: Energy, Efficiency, and Conservation Block Grant Agreement 646224 Prepared By Jeannine Clancy, Director of Public Works Mitchell Hoeft, EIT, Engineer Summary The City has recently received a request from the Minnesota Department of Commerce to amend the Energy, Efficiency, and Conservation Block Grant (EECBG) agreement, which was authorized by the City Council at its August 4, 2010 meeting. The requested changes relate to reporting requirements. The attached Amendment No. 1 shows the requested changes in underline and strikeout. Attachments Energy, Efficiency, and Conservation Block Grant Amendment No. 1 (2 pages) Resolution Authorizing Amendment No. 1 to the Agreement 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) Recommended Action Motion to adopt Resolution Authorizing Amendment No. 1 to the Agreement 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. STATE OF MINNESOTA Amendment No. 2 CFMS: B46224 Agreement Start Date: Original Expiration Date: Current Expiration Date: Requested Expiration Date: 08/23/2010 03/31 /2011 03/31/2011 n/a Total Agreement Amount: $53,252.00 Original Agreement: $53,252.00 Previous Amendment(s) Total: $n/a This Amendment: $n/a This amendment is by and between the State of Minnesota, acting through its Commissioner of Commerce ("State") and City of Golden Valley, 7800 Golden Valley Road, Golden Valley, MN 55427-4588 ("Grantee"). Recitals 1. The State has an agreement with the Grantee identified as CFMS B46224 ("Original Agreement") to provide energy efficiency improvements. 2. This agreement is being amended to revise grant clauses to the Original Agreement. 3. The State and the Grantee are willing to amend the Original Agreement as stated below. Amendments) REVISION 7. Clause 4.4.2 `Federal funds" is amended as follows: Federal funds. Federal' funds. Payments under this Brant contract will be r~.de from federal funds obtained by the State through the American Recovery and Reinvestment Act of 2009 !Public Law 111-5) The Grantee is responsible for compliance with all federal requirements imposed on these funds and accents full financial resnonsibili for any requirements urmosed by the Grantee's failure to comply with federal reauirements These requirements include but are not limited to. Title III part D of the Energy Policy and Conservation Act (42 U S C 6321 et sea and amendments thereto): U.S. Deuartment of Energy Financial Assistance Rules (1 OCFR600)• and Title 2 of the Code of Federal Regulations. REVISION 2. Clause 21. "Reporting" is amended as follows: ~. > > • = l~FlAf` 11A'f ~ '+t 4L.• "mil' ~ K i +l. ! Q+ a 4L. L.4 4 orrn~ri-ZCCTti#I3CCC -P °~'b~oaca~ '11..7.. 7.7 .~ ,7' Section 1512 of the American Recovery and Reinvestment Act of 2009 (ARRA) states recipients of "Recovery Act funds must comkly with the extensive reporting requirements "Laws of Minnesota 2009 Chapter 138 Article 5 Section 2 (accountability and transparency reportingZspecifies additional reci i~_eportin,~; requirements related to ARRA funding City of Golden Valley -Commerce Rev. osno-atuu, STATE OF MINNESOTA Amendment No.1 CFMS: B46224 A~ Monthly the Grantee must submit fro ess reports detailing, the pro ess and tasks completed of the grant .agreement funded in whole or in part with ARRA funding including_percent of~roject completion to the State by the 5th day of each month for the,preceding month's work B) Quarterly the Grantee must submit additional gran# related information includiny but not limited to data regarding hiring practices for iobs retained or created under this agreement and information related to training where applicable The Grantee shall report this information on a formprescribed by the State which must be submitted to the State by the 5th day of each month following the end of the quarter for the preceding_quarter's work. If the Brant contract ends prior to the end of the quarter the Grantee shall submit all data relevant to this requirement for that auarter up to the end date of the grant contract and submit it with the final report If a Grantee does not comply with these requirements the State reserves the right to withhold fitnding Except as amended herein, the terms and conditions of the Original Agreement and all previous amendments are incorporated by reference and remain in full force and effect. 1. STATE ENCUMBRANCE VERIFICATION Individual cent lies chat fiuuls (rave been enctr-nbered as required by Minnesota Statutes, Sections 16A, !Sand 16C.OS. (with delegated a:rdeority) r i Signe . Date. ~ ~'' ~ CFMS Contract No. '~~3 ~[~`v~cx'~ 3. MN DEPARTMENT OF COMMERCE Individual cerlifies the appllcablepravisions of Minnesota Statates, Sections 16C.08, subdivisions 2 and 3 are rea,~rmed. (with delegated auUroriry) By: Title: Date: 2. CITY OF GOLDEN VALLEY The Grantee cerfi/ies that Uie appropriate person(s) hm~e executed Use grant contract on belralfof the Grantee as required by applicable articles, bylaws, resolutions, or ordinances. By: _ Title: Date: By: _ Title: Date: Distribution: MN Department of Commerce, Accounting Dept. Grantee State Authorized Representative (copy) City of Golden Valley -Commerce Rev. 08/10-ARRA Resolution 10-52 October 5, 2010 Member introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING AMENDMENT NO. 1 TO THE AGREEMENT 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, on August 4, 2010, the Golden Valley City Council authorized an agreement between the City and the Minnesota Department of Commerce Office of Energy Security (hereinafter "Department") for the installation of energy efficient fixtures throughout City owned facilities and cooperatively maintained traffic signals; and WHEREAS, the Department has requested that the City approve an amendment to the agreement regarding reporting requirements for the grant funds; 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 Amendment No. 1 to the agreement with the Minnesota Department of Commerce for the Energy, Efficiency, and Conservation Block Grant funds. 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. Golden galley Public Works 763-593-8030 / 763-593-3988 (fax) Executive Summary For Action Golden Valley City Council Meeting October 5, 2010 Agenda Item 3. G. Approval of Agreement with Short Elliott Hendrickson for Inflow and Infiltration Inspection and Program Monitoring Services Prepared By Jeannine Clancy, Director of Public Works Summary In 2006, the City completed a study regarding inflow and infiltration (I/I) into the sanitary sewer system. The work plan included in the I/I study has been approved by the City Council and ordinances have been adopted to provide for the inspections of private property. Since 2006, Public Works staff has been working with Short Elliot Hendrickson (SEH) to complete private property inspections, collect data on sewer flows and ground water, and respond to programmatic challenges and opportunities. Staff has requested that SEH provide a proposal to continue their work on the I/I program. Their scope of work includes the following areas: 1. Private property inspections: Since 2006, the SEH has completed 2,433 inspections. The following rates are proposed by SEH and have not changed since January 1, 2009: Residential Property: Condominium Property: Commercial Property Unable to Inspect: $200 per inspection $200 per address $400 per inspection $75 per trip 2. Long Term Flow Monitoring SEH provides support services and data analysis regarding the program. This data assists with program evaluation and identification of areas in the community where I/I is of significant concern. 3. SEH and Public Works staff meet as needed to discuss inspection program concerns, challenges, and opportunities, and to discuss technical assistance on meeting MCES program requirements. Since the inception of the program, SEH and Public Works staff has endeavored to provide an inspection program with a high level of customer service in acost-effective manner. While property owners have expressed concern about the requirements of sewer service inspection program, many have been complimentary about the work performed by the City's consultant. Furthermore, work performed by SEH is as needed and as directed by the Public Works Department. Attachments Letter agreement from Short Elliott Hendrickson, Inc. dated September 29, 2010 (4 pages) Recommended Action Motion to approve agreement with Short Elliott Hendrickson for inflow and infiltration inspection and program monitoring services. ~f. C~ ~ ~ ,: September 29, 2010 RE: City of Golden Valley, Minnesota I/I Abatement Program Agreement Private Property (POS &PMP) Inspections, Monthly I/I Meetings and Long Term Flo Monitoring SEH No. GOLDV 106803 & 107052 Ms. Jeannine Clancy Director of Public Works City of Golden Valley 7800 Golden Valley Road Golden Valley, MN 55427-4588 Dear Jeannine: As requested, the following agreement between the Short Elliott Hendrickson Inc. (SEH®) and the City of Golden Valley identifies the work tasks necessary to continue providing support to City staff on their inflow and infiltration (I!I) reduction program. The enclosed scope of work outlines SEH project responsibilities for supporting Golden Valley's on-going efforts to complete the following: ~ Private Property Sump Pump and Sanitary Sewer Lateral Inspections o Point of Sale (POS) Program o Pavement Management Program (PMP) ~ Long Term Flow Monitoring Program • UI Meetings Under the private property inspection program which began in 2006, SEH staff will conduct the inspection of sump pumps and sanitary sewer laterals on PMP and POS properties. SEH will provide technical support to city staff for continued implementation of the flow monitoring program including on-call maintenance services, data analysis and progress reporting. A long term flow monitoring program within the sanitary sewer collection system will enable Golden Valley staff to evaluate the I/I reduction. The addition of wastewater flow meters within the City's sanitary sewer collection system, integrated with the MCES permanent flow monitoring stations, will allow for the continuous evaluation wastewater flow response to rainfall over the next ten years. SEH will also be available to attend semi-monthly meetings with city staff to discuss I/I program needs and help Golden Valley identify long range UI reduction trends and, as needed, evaluate any future steps necessary to meet the MCES Surcharge Program. Work Scope The following work tasks will be conducted annually as needed by the City to address I/I within the Golden Valley sanitary sewer collection system. The scope of work is as follows: Ms. Jeannine Clancy September 29, 2010 Page 2 I Private Property Sump Pump and Sanitary Sewer Lateral Inspectio~zs A. City staff will arrange the appointments for the PMP or POS inspections and schedule follow-up inspections. B. SEH field technicians will: 1. Perform a visual inspection to determine if the sump pump installation is in compliance with the City ordinance. 2. Perform an inspection using a closed circuit television camera (CCTV) to determine if the condition of the service lateral is in compliance with the City ordinance. 3. Document the findings of inspection in an electronic (DVD) and hard copy form. 4. Provide a copy of the documentation to the home owner or their representative upon completion of the inspection. 5. Provide a copy of the documentation and a DVD copy of the CCTV inspection to the City within seven days of the completion of the inspection. C. The City will work with those property owners that need to bring their properties into compliance with the City ordinance. D. SEH, when requested by the City, will re-inspect a property to determine if that property is in compliance with the City ordinance. II. Long Term Flow Monitoring Program A. SEH will provide on-call flow meter maintenance as requested by City staff. An SEH technician will work with City staff to make sure all the flow meter equipment is operational and properly calibrated. B. Golden Valley staff will be responsible for collecting groundwater data from City's piezometers and providing SEH with the data every month for review and evaluation. C. SEH will review the flow meter data supplied by city staff on a monthly basis to determine if any equipment adjustments are needed and that the meters are producing reliable data. An annual flow monitoring summary report and council progress reports will be developed based on the analysis of the portable flow meter data, the MCES permanent meters, rainfall data and groundwater readings collected throughout the year. D. In December, city staff will evaluate the need to send any of the flow monitoring equipment in for service or calibration to Teledyne Isco. The existing flow meters owned by the City will be used to facilitate service of the equipment by rotating the units so that each meter can be sent back for repair or calibration in advance of flow monitoring the next year. IIl: I/I Meetings As requested, SEH will attend occasional meetings with City staff to review the progress of the In reduction program, coordinate field activities, review flow monitoring data, developments or practices learned by other metro communities and discuss/evaluate MCES activities in regard to the surcharge program.\ Ms. Jeannine Clancy September 29, 2010 Page 3 Project Cost Based on the work scope provided in this letter agreement, SEH would provide our services in accordance to the cost estimates identified in this section. Service Lateral Inspection The private property inspections would be invoiced monthly based on an inspection fee as outlined below. Residential Private Property ................................... $200 per inspection Condominium Private Property .............................. $200 per address Commercial Property .............................................. $400 per inspection Unable to Inspect .................................................... $75 per trip These inspection costs have not been changed since January 1, 2009 and will remain in effect through 2012. The above fees will apply to both the POS and PMP programs. As you have seen from competitive selections for other metro area communities, the inspection fees are consistent with current price solicitations in which SEH has been awarded the inspection program work. Our goal is to continue providing value based inspection services for the City of Golden Valley. We do not anticipate any change in service and personnel to complete future inspections in Golden Valley and will continue to work with your staff following the existing protocol used currently to complete all private property inspections. We would reserve the right to make any adjustment to the fee schedule for future inspections but only upon agreement of both parties in the form of an agreement similar to this document. Long Term Flow Monitoring The breakdown of SEH field support services and data analysis/reporting for the long term flow monitoring each year assuming six site visits for on-call support to the City and quarterly reporting is as follows: On-call Meter Maintenance Support ....................... $5,500 Data Analysis and Annual Report .......................... $12,000 l/l Meetings SEH would be available for six (6) monthly meetings with City staff to provide technical assistance on I/I reduction measures and MCES program requirements. SEH will not annually exceed $10;500 without your written approval for this work. Each work task (POS & PMP inspections, flow monitoring and UI meetings) will be identified under a separate project invoice each month. The long term flow monitoring and the attendance of I/I meeting will be invoiced based on the actual hours spent on each project by employee using staff rates consistent with our master agreement with the City of Golden Valley. Project expenses will be billed to the City without amark-up consistent with our master agreement. Ms. Jeannine Clancy September 29, 2010 Page 4 This letter agreement represents the entire understanding between the City of Golden Valley and SEH for these proposed I/I services. If you are in agreement with the terms of this letter, please execute the agreement with the proper signatures and return one copy to our office. If you have any questions relating to this project, please call me at 651.490.2144. We look forward to continue working the City of Golden Valley on this important issue. Sincerely, SHORT ELLIO, HENDRICKSON INC. Kirby an Note, PE Project Manager ah Accepted this day of , 2010 CITY OF GOLDEN VALLEY, MINNESOTA By: Title: c: Jeff Oliver, City of Golden Valley Sue Mason, SEH Alva Rankin, SEH s:\fj\glgo1dv1106803\2-mgmtyeannine c_Ietter agreement 2010 Sept 29.docx Golden galley 1i Finance 763-593-8013 / 763-593-3969 (fax) Executive Summary For Action Golden Valley City Council Meeting October 5, 2010 Agenda Item 3. H. Approving Appointment of Election Judges for State General Election Prepared By Sue Virnig, Finance Director Edie Ernst, Accounts Receivable/Elections Assistant Summary As required in State Statue 2046.21, Council needs to approve the appointment of the Election Judges for the upcoming election. Attached is the list of judges and the precincts they will be working at on Election Day. Attachments Resolution Approving the Appointment of Election Judges for the State General Election to be held on November 2, 2010 (3 pages) Recommended Action Motion to adopt Resolution Approving the Appointment of Election Judges for the State General Election to be Held on November 2, 2010. Resolution 10-53 October 5, 2010 Member introduced the following resolution and moved its adoption: RESOLUTION APPROVING THE APPOINTMENT OF ELECTION JUDGES FOR THE STATE GENERAL ELECTION TO BE HELD ON NOVEMBER 2, 2010 BE IT RESOLVED, by the City Council of the City of Golden Valley, that the persons herein named are appointed judges and alternates for the State General Election to be held on November 2, 2010. The judges appointed, precinct and voting places wherein they shall serve and the hours are as follows: Polls shall be open from 7 am until 8 pm. Election judges shall work from 6 am until votes are counted. 2010 STATE GENERAL ELECTION JUDGES Precinct #1 - N. E. Fire Station - 3700 Golden Valley Road Marie Tiffin, Captain Andra Barnard Roger Bergman Janet Berkseth Karen Haan Janet Olfe Jane Pagenkopf Precinct #2 -Valley Presbyterian Church - 3100 North Lilac Drive Janice Johnson, Captain Karen Boehne Betty Hill Lloyd Fortman Sally Netzinger Peter Palmquist Christy Lueck Lois Richter Jane Schmidt Patricia Tomko Ruby VanHorn Jacqueline Wells Precinct #3 - Meadowbrook School - 5430 Glenwood Avenue Cynthia Hasselbusch, Captain Mary L. Anderson Gary Cohen Dale Gerdin Marilyn Kilner Pat Magnuson Shirley Obern Jennifer Peterson Linda Romeo Betty Vaughan Marie Rossman Resolution 10-53 -Continued Precinct #4 - LOGIS - 5750 Duluth Street Gerald Savage, Captain Leonore Brightbill John Burkholder Arlene Dietz Teresa George James Hera Tom Moore Kay Meyers Rusty Cowan Margaret Nelson Karen Riddle Precinct #5 - S.E. Fire Station - 400 Turners Crossroad South Elizabeth Kamman, Captain Eleanor Blatt Nancy Cooper Barbara Krenn James Murphy LouAnn Bongard Donald Reimers Sylvia Thompson Julian Zuehlke Precinct #6 -Golden Valley City Hall - 7800 Golden Valley Road Pat Moore, Captain Lois Bergquist Kathleen Burke-Scheffler Ann Cole Mary Ann Gavigan Barbara Courey Nancy Ipsen Dwayne King Bruce Osvold Delphine Sunderland Precinct #7 -Christian Life Center - 8025 Medicine Lake Road Gwendolyn Jorgens, Captain Tracy Anderson Jack Cole Maria Johnson Constance Hietala Lois Palmquist Mary Hill Janet Plager Margorie Stressmann Glennys Sell Robert Loweth Mollie Weaver October 5, 2010 Resolution 10-53 -Continued Precinct #8 -Brookview Community Center - 200 Brookview Parkway Shirley Jones, Captain Jeffrey Beske Dennis Carlson Mary Gaffney Pierre Girard Kodi Hafrarth Marcie Schlaeger Suzanne Herberg Jerome Monson Mike Sell Dale Waltz Inez Weist Alternates Sandra Carlson Sheila Coy James Lien Elizabeth McCabe Milton Goldstein Roger Hackart David Krause David Spragg October 5, 2010 Linda R. Loomis, Mayor ATTEST: Susan M. Virnig, City Clerk The motion for the adoption of the foregoing resolution was seconded by Member and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted, signed by the Mayor and her signature. attested by the City Clerk. Golden Valley Council 763-593-8006 / 763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting October 5, 2010 Agenda Item 3. I. Board/Commission Appointment Prepared By Linda Loomis, Mayor Summary The City Council is continually looking for individuals with a willingness to serve on a Board or Commission. On occasion individuals will be recruited by the Council and asked to serve. The Council may or may not choose to interview these individuals before making their appointment. Recommended Action Motion to make the following appointment: Human Services Foundation: Brenda Hayle 1 year term term expires - 5/1/13 Golden Valley emorn urr~l Public Works 763-593-8030 / 763-593-3988 (fax) Executive Summary For Action Golden Valley Council Meeting October 5, 2010 Agenda Item 4. A. Public Hearing -Ordinance Requiring a Franchise Fee With Xcel Energy, Second Consideration Prepared By Jeannine Clancy, Director of Public Works Ron Nims, Public Works Project Coordinator Summary On August 17 and September 21, 2010, the City Council held public hearings to consider a franchise fee ordinance with Xcel Energy. The ordinance passed on first consideration at the September 21 meeting. This franchise fee will provide a funding source for improvements related to the Douglas Drive project. The following is the rate schedule that is included in the ordinance: AVERAGE ESTIMATED EQUIVALENT % OF % OF CUSTOMER MONTHLY ANNUAL MONTHLY TOTAL TOTAL CLASS CUSTOMER REVENUE FLAT FEE ELECTRIC REVENU COUNT SHARE USAGE E SHARE RESIDENTIAL 8,963 $215,120 $2.00 21% 34% SMALL C&I - 597 $14 320 $2.00 2% 2% NON-DEMAND , SMALL C&I - 396 $106 943 $22.50 17% 17% DEMAND , LARGE C&I 119 $293 962 $206.00 60% 47% > 1 Mw , The following is the remaining steps to approve and implement the ordinance: • Ordinance and a summary ordinance presented at a October 5, 2010 Council meeting for the second consideration and adoption • Ordinance publication in the official City publication October 14, 2010 • Xcel has 60 days to formally accept the franchise fee December 13, 2010 • Xcel begins collecting the franchise fee from rate payers February 1, 2011 After considering public testimony, staff requests that the Council adopt the ordinance and summary ordinance. Attachments Ordinance No. 447, 2nd Series, Electric Franchise Ordinance (3 pages) Summary of Ordinance No. 447, 2nd Series, Electric Franchise Ordinance (1 page) Recommended Action Motion to adopt Ordinance No. 447, 2nd Series, An Ordinance Requiring an Electric Franchise Fee From Northern States Power, dba Xcel Energy, for Providing Electric Service Within the City of Golden Valley on its second consideration. Motion to approve publication of the Summary Ordinance. ORDINANCE N0.447, 2ND SERIES ELECTRIC FRANCHISE ORDINANCE CITY OF GOLDEN VALLEY, HENNEPIN COUNTY, MINNESOTA AN ORDINANCE REQUIRING AN ELECTRIC FRANCHISE FEE FROM NORTHERN STATES POWER D/B/A XCEL ENERGY FOR PROVIDING ELECTRIC SERVICE WITHIN THE CITY OF GOLDEN VALLEY THE CITY OF GOLDEN VALLEY ORDAINS: SECTION 1. The City Code is hereby amended as follows: Subd. 1. Pur ose. In order to defray infrastructure and related costs of the Douglas Drive Reconstruction Project ("Project"), the City Council has determined that it is in the best interest of the City to impose a franchise fee on those public utility companies that provide electric services within the City of Golden Valley pursuant to City Ordinance No. 394, 2nd Series, a Franchise Agreement between the City and Northern States Power Company, d/b/a Xcel Energy ("Company"). Subd. 2. Franchise Fee Statement. This ordinance sets forth the terms and conditions under which Xcel shall collect an electric franchise fee from customers located within the City. The fee and payment schedule is attached hereto and made a part of this ordinance. The Company will begin collection of the fee, after notice to customers, within sixty (60) days after the City Council adopts this ordinance. Except as modified in this Ordinance, the City reaffirms the provisions of Ordinance 394, 2nd Series, including its right to modify this franchise fee. Subd. 3. Payment and Fee Design. The franchise fee shall be payable to the City in accordance with the schedule attached as Exhibit A. This is an account-based fee. In the event that an entity covered by this ordinance has more than one meter at a single premise, but only one account, only one fee shall be assessed to that account. If a premise has two or more meters being billed at different rates, the Company may have an account for each rate classification, which will result in more than one franchise fee assessment for electric service to that premise. If the Company combines the rate classifications into a single account, the franchise fee assessed to the account will be the largest franchise fee applicable to a single rate classification for energy delivered to that premise. In the event any entities covered by this ordinance have more than one premise, each premise (address) shall be subject to the appropriate fee. In the event a question arises as to the proper fee amount for any premise, the Company's manner of billing for energy used at all similar premises in the City will control. Subd. 4. Surcharge. The City recognizes that the Minnesota Public Utilities Commission allows the utility company to add a surcharge to customer rates to reimburse such utility company for the cost of the fee and that Company will surcharge its customers in the City the amount of the fee. Subd. 5. Right of Way Permit Fees Waiver. Beginning the date the Company begins collecting franchise fees from customers in the City until the City gives notice to Company of City's desire to impose both franchise fees and require permit fees pursuant to chapter 7 of the City Code ("Permit Fees"), City waives any and all Permit Fees the City would otherwise have the right to impose on Company. If the City intends to require both Permit Fees and franchise fees from the Company, the City shall give the Company thirty (30) days written notice of such intent before charging Permit Fees. Company does not hereby waive its right to object to a City withdrawal of this waiver of Permit Fees, and reserves all rights under law. Notwithstanding the above Permit Fee waiver, Company shall remain subject to all other requirements of chapter 7 of the City Code not superseded by the specific terms of Ordinance 394, 2nd Series. Subd. 6. Record Support for Payment. Company shall make each payment when due and, if requested by the City, shall provide at the time of each payment a statement summarizing how the franchise fee payment was determined, including information showing any adjustments to the total surcharge billed in the period for which the payment is being made to account for any uncollectibles, refunds or error corrections. Subd. 7. Enforcement. Any dispute, including enforcement of a default regarding this ordinance, will be resolved in accordance with Section 2.5 of Ordinance 394, 2nd Series. Subd. 8. Effective Date of Franchise Fee. Notwithstanding the effective date of this ordinance and notwithstanding any contrary provisions in the Franchise, the effective date of the fee collected under subdivision 2 of this ordinance is the later of ten (10) days after the publication or after the sending of written notice enclosing a copy of this adopted ordinance upon Company by certified mail. Fee collection under this ordinance will commence in accordance with the terms set forth in subdivision 2. Subd. 9. City Use of Franchise Fees Collected by the Company and Sunset of Fee. The City shall use the fees collected by Company only for infrastructure costs incurred on the~Project and for no other purpose. For purposes of this ordinance, infrastructure costs on the Project shall include City expenditures, including those financed by bonds, for any and all design and construction, including all associated Project administration and related costs, maintenance, repair, improvement to, relocation of, or replacement of facilities, including City or privately-owned utility facilities for which customers in the City would otherwise be required to pay; and acquisition or improvement of rights-of-way or other public ground for the Project. The City Council shall determine the sunset date for this fee at the time it is advised of a maturity date certain for bonds issued to finance the Project. The fee sunset date shall be on or about the latest maturity date of any bonds issued to finance the Project. SECTION 2. This ordinance takes effect as provided herein. Adopted by the City Council this 5th day of October, 2010. /s/Linda R. Loomis Linda R. Loomis, Mayor ATTEST: /s/Susan M. Virnig Susan M. Virnig, City Clerk (This ordinance will be uncodified and referenced in Chapter 25 of the City Code). EXHI81 T A XCEL ENERGY ELECTRIC FRANCHISE FEE SCHEDULE Class Fee Per Meter, Monthly Residential $ 2.00 Small Commercial & Industrial -Non-Demand $ 2.00 Small Commercial & Industrial -Demand $ 22.50 Large Commercial & Industrial $206.00 Franchise fees are to be collected by the Company in the amounts set forth in the above schedule, and submitted to the City on a quarterly basis as follows: January -March collections due by April 30 April -June collections due by July 31 July -September collections due by October 31 October -December collections due by January 31 SUMMARY PUBLICATION OF ORDINANCE NO. 447, 2ND SERIES AN ORDINANCE REQUIRING AN ELECTRIC FRANCHISE FEE FROM NORTHERN STATES POWER, D/B/A XCEL ENERGY FOR PROVIDING ELECTRIC SERVICE WITHIN THE CITY OF GOLDEN VALLEY On October 5, 2010 the Golden Valley City Council approved an ordinance requiring payment of an electric franchise fee from Northern States Power, d/b/a Xcel Energy ("Company") in order to defray infrastructure and related costs of the Douglas Drive Reconstruction Project. The ordinance was approved under the authority contained in City Ordinance No. 394, 2nd Series, a franchise agreement between the City and the Company. The Company is required to begin collection of the fee set out on the Schedule below after notice to customers within sixty (60) days after adoption of the Ordinance. The fee will be paid by all electric power users in Golden Valley and will be paid on an account basis. The fee will be collected by the Company and remitted to Golden Valley. The City waives any and all permit fees that the City would otherwise have the right to impose on the Company, however the City may give notice and reverse its waiver of permit fees. The City shall use the franchise fees collected by the Company only for infrastructure costs of the Douglas Drive Project which include all City expenditures for the project, including those financed by bonds. Once all costs have been paid and the bonds paid off the City Council shall determine a sunset date for this franchise fee on or about the latest maturity date of any bonds used to finance the project. The fees shall be as set out below: Class Fee er meter, month) Residential $2.00 Small and commercial industrial -non-demand $2.00 Small commercial and industrial $22.50 Lar a commercial and industrial $206.00 A printed copy of the Ordinance is available for inspection by any person during regular office hours at the Office of City Clerk and will be available on the City's web site. In addition, a copy of the entire text of the Ordinance will be posted in the Golden Valley Library. Adopted by the City Council this 5th day of October, 2010. /s/Linda R. Loomis Linda R. Loomis, Mayor ATTEST: /s/Susan M. Virnig Susan M. Virnig, City Clerk r,~~~~ Q ~""~ ~~i ~Y1 ~ ~ Finance 11 763-593-8013 1763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting October 5, 2010 Agenda Item 4. B. Public Hearing -Special Assessments -Delinquent Utility Bills Prepared By Sue Virnig, Finance Director Summary The following resolution needs to be approved for the certification of special assessments for delinquent utility bills. Attachments Resolution Adopting and Confirming Assessments For Delinquent Utility Billing (1 page) Recommended Action Motion to adopt Resolution Adopting and Confirming Assessments For Delinquent Utility Billing. Resolution 10-54 Member introduced the following resolution and moved its adoption: RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR DELINQUENT UTILITY BILLING October 5, 2010 1. The amount proper and necessary to be specially assessed at this time for various public improvements: Pro'ect Years Interest Rate First Year Lev Total Assessed 2010 Delinquent Utilit Billin 1 5% 2011 $365,400.30 against every assessable lot, piece, or parcel of land affected thereby has been duly calculated upon the basis of benefits, without regard to cash valuation, in accordance with the provisions of Minnesota Statutes, Chapter 429, and notice has been duly published, as required by law that this Council would meet to hear, consider and pass upon all objections, if any, and said proposed assessment has at all time since its filing been open for public inspection and an opportunity has been given to all interested persons to present their objections if any, to such proposed assessments. 2. This Council, having heard and considered all objections so presented, finds that each of the lots, pieces and parcels of land enumerated in the proposed assessment was and is specially benefited by the construction of said improvement in not less than the amount of the assessment set opposite the description of each such lot, piece and parcel of land respectively, and such amount so set out is hereby levied against each of the respective lots, pieces and parcels of land therein described. 3. The proposed assessments are hereby adopted and confirmed as the proper assessments for each of said lots, pieces and parcels of land respectively, and the assessment against each parcel, together with interest at the rate of five (5) percent per annum accruing on the full amount thereof unpaid, shall be a lien concurrent with general taxes upon parcel and all thereof. The total amount of each such assessment not prepaid shall be payable in equal annual principal installments extending over a period of years, as indicated in each case. The first of said installments, together with interest on the entire assessment for the period of January 1, 2011 through December 31, 2011, will be payable with general taxes collectible in 2011. 4. Prior to certification of the assessment to the County Auditor, the owner of any lot, piece or parcel of land assessed hereby may at any time pay the whole such assessment ,with interest to the date of payment, to the City Treasurer, but no interest shall be charged if such payment is made by November 17, 2010. 5. The City Clerk shall, as soon as may be, prepare and transmit to the County Auditor a certified duplicate of the assessment roll, with each installment and interest on each unpaid assessment set forth separately, to be extended upon the proper tax lists of the County and the County Auditor shall thereafter collect said assessment in the manner provided by law. 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. Golden galley Finance 763-593-8013 / 763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting October 5, 2010 Agenda Item 4. C. Public Hearing -Special Assessments -Miscellaneous Charges Prepared By Sue Virnig, Finance Director Summary The following resolution needs to be approved for the certification of special assessments for miscellaneous charges. Attachments Resolution Adopting and Confirming Assessments For Miscellaneous Charges (1 page) Recommended Action Motion to adopt Resolution Adopting and Confirming Assessments For Miscellaneous Charges. Resolution 10-55 Member introduced the following resolution and moved its adoption: RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR MISCELLANEOUS CHARGES (WEEDS, FALSE ALARMS, ADMINISTRATIVE CITATIONS, ETC) October 5, 2010 1. The amount proper and necessary to be specially assessed at this time for various public improvements: Pro'ect Years Interest Rate First Year Lev Total Assessed 2010 Miscellaneous 1 5% 2011 $33,302.88 Char es against every assessable lot, piece, or parcel of land affected thereby has been duly calculated upon the basis of benefits, without regard to cash valuation, in accordance with the provisions of Minnesota Statutes, Chapter 429, and notice has been duly published, as required by law that this Council would meet to hear, consider and pass upon all objections, if any, and said proposed assessment has at all time since its filing. been open for public inspection and an opportunity has been given to all interested persons to present their objections if any, to such proposed assessments. 2. This Council, having heard and considered all objections so presented, finds that each of the lots, pieces and parcels of land enumerated in the proposed assessment was and is specially benefited by the construction of said improvement in not less than the amount of the assessment set opposite the description of each such lot, piece and parcel of land respectively, and such amount so set out is hereby levied against each of the respective lots, pieces and parcels of land therein described. 3. The proposed assessments are hereby adopted and confirmed as the proper assessments for each of said lots, pieces and parcels of land respectively, and the assessment against each parcel, together with interest at the rate of five (5) percent per annum accruing on the full amount thereof unpaid, shall be a lien concurrent with general taxes upon parcel and all thereof. The total amount of each such assessment not prepaid shall be payable in equal annual principal installments extending over a period of years, as indicated in each case. The first of said installments, together with interest on the entire assessment for the period of January 1, 2011 through December 31, 2011, will be payable with general taxes collectible in 2011. 4. Prior to certification of the assessment to the County Auditor, the owner of any lot, piece or parcel of land assessed hereby may at any time pay the whole such assessment ,with interest to the date of payment, to the City Treasurer, but no interest shall be charged if such payment is made by November 17, 2010. 5. The City Clerk shall, as soon as may be, prepare and transmit to the County Auditor a certified duplicate of the assessment roll, with each installment and interest on each unpaid assessment set forth separately, to be extended upon the proper tax lists of the County and the County Auditor shall thereafter collect said assessment in the manner provided by law. 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. Golden galley Public Works 763-593-8030 / 763-593-3988 (fax) Executive Summary For Action Golden Valley City Council Meeting October 5, 2010 Agenda Item 4. D. Public Hearing for Vacation of Existing Easements at 500 Cloverleaf Drive Prepared By Jeannine Clancy, Director of Public Works Jeff Oliver, PE, City Engineer Eric Eckman, Public Works Specialist Summary A developer has proposed to subdivide the existing oversized lot at 500 Cloverleaf Drive into two conforming parcels. During the platting process, it was determined that existing easements on the property need to be vacated before the final plat (Cloverleaf Woods) is approved. Consistent with the subdivision ordinance, the proposed final plat includes new perimeter drainage and utility easements on each lot. These new easements are significantly larger and have fewer restrictions than the existing easements. Staff has contacted all private utility companies regarding this proposed easement vacation requesting their review and comment. There have been no objections to this easement vacation. Attachments Existing Easements, 500 Cloverleaf Drive (1 page) Resolution Vacating a Sanitary Sewer Easement and Platted Utility and Ditch Easements in the Plat of Clover Leaf Terrace (500 Cloverleaf Drive) (1 page) Recommended Action Motion to adopt Resolution Vacating a Sanitary Sewer Easement and Platted Utility and Ditch Easements in the Plat of Clover Leaf Terrace (500 Cloverleaf Drive). Resolution 10-56 October 5, 2010 Member introduced the following resolution and moved its adoption: RESOLUTION VACATING A SANITARY SEWER EASEMENT AND PLATTED UTILITY AND DITCH EASEMENTS IN THE PLAT OF CLOVER LEAF TERRACE (500 CLOVERLEAF DRIVE) WHEREAS, the City Council of the City of Golden Valley, pursuant to due notice, has heretofore conducted public hearing on the vacation of the sanitary sewer easement and platted utility and ditch easements in the recorded plat of CLOVER LEAF TERRACE; and WHEREAS, all persons present were given the opportunity to be heard; and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Golden Valley that said sanitary sewer, utility and ditch easements located in the property legally described below be vacated: The property is described as: Lot 12, Block 1, CLOVER LEAF TERRACE, Hennepin County, Minnesota. Linda R. Loomis, Mayor ATTEST: Susan M. Virnig, City Clerk The motion for the adoption of the foregoing resolution was seconded by Member and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted, signed by the Mayor and her signature attested by the City Clerk. Go(den Valley r Planning 763-593-8095 / 763-593-8109 (faxj Executive Summary For Action Golden Valley City Council Meeting October 5, 2010 Agenda Item 6. A. Approval of Plat and Subdivision Development Agreement -Cloverleaf Woods Prepared By Joe Hogeboom, City Planner Summary At the August 17, 2010 City Council meeting, the Council held a public hearing on the preliminary plan for the minor subdivision of Cloverleaf Woods. After the hearing the Council approved the preliminary plan. The final plat of Cloverleaf Woods has now been prepared by Matt Pavek of Firm Ground. City staff has reviewed the final plat and finds it consistent with the approved preliminary plan and the requirements of City Code. During the platting process, it was determined that existing easements on the property need to be vacated before the final plat is approved. The public hearing for the easement vacations is also on this agenda so the final plat approval needs to be addressed after the public hearing for the easement vacations. The City Attorney has reviewed the plat and helped draft the required Subdivision Agreement that is also on this agenda. Prior to signing the mylar copy of the plat, the applicant will have to provide the City with a check in the amount of $810 for park dedication fees. In review, Cloverleaf Woods subdivides the existing one lot at 500 Cloverleaf Drive into two lots. Each of the lots meets or exceeds the requirements of both the zoning and subdivision codes. The existing home will be removed. Attachments Resolution for Approval of Plat -Cloverleaf Woods (1 page) Subdivision Development Agreement (6 pages) Final Plat of Cloverleaf Woods (1 oversized page, loose in agenda packet) Recommended Action Motion to adopt Resolution for Approval of Plat -Cloverleaf Woods. Motion to approve the Subdivision Development Agreement and authorize the Mayor and City Manager to execute it on behalf of the City. Resolution 10-57 October 5, 2010 Member introduced the following resolution and moved its adoption: RESOLUTION FOR APPROVAL OF PLAT -CLOVERLEAF WOODS WHEREAS, the City Council for the City of Golden Valley, pursuant to due notice, has heretofore conducted a public hearing on the proposed plat to be known as Cloverleaf Woods covering the following described tracts of land: Lot 12, Block 1, Cloverleaf Terrace. WHEREAS, all persons present were given the opportunity to be heard; NOW, THEREFORE, BE IT RESOLVED, by the City Council for the City of Golden Valley, that said proposed plat be, and the same hereby is, accepted and approved, and the proper officers of the City are hereby authorized and instructed to sign the original of said plat and to do all other things necessary and proper in the premises. 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. SUBDIVISION DEVELOPMENT AGREEMENT Cloverleaf Woods Addition AGREEMENT dated this 5th day of October, 20.10, by and between the City of Golden Valley, a Minnesota municipal corporation (the "City"), and Golden Valley Land Co. (the "Developer"). Request for Plat Approval. The Developer has asked the City to approve the subdivision of land and a plat of land to be known as Cloverleaf Woods Addition, which land is legally described on Attachment One, attached hereto and hereby made a part hereof (hereinafter referred to as the "subject property"). 2. Conditions of Plat Approval. The City has approved the subdivision and the plat on the following conditions: a. Conformance to, and inclusion of, all provisions of the Preliminary Plans for Quail Woods, dated August 21, 2008, prepared by Terra Engineering together with the Grading and Utility Plan for Quail Woods as revised. b. Incorporation of recommendations of the City Engineer concerning design and installation of public infrastructure including grading, drainage, erosion control, streets and utilities as outlined in his July 15, 2010 review. c. Execution of this Subdivision Development Agreement. d. Payment of all applicable fees including an $810 Park Dedication fee and other fees identified in the current fee schedule. e. Incorporation of any easements necessary to accommodate drainage, ponding, trails, underpasses, conservation areas, streets and utilities. f. Marketable title in the Developer, if the City attorney determines a title review is necessary before final plat approval. g. It is the present intention of the City Council not to grant to the Developer any variances for the subdivision unless the circumstances warrant it. 3. Effect of Subdivision Approval. For two (2) years from the date of this Agreement, no amendments to the City's Comprehensive Plan, or official controls shall apply to or affect the use, development density, lot size, lot layout or dedications of the approved plat unless required by state or federal law or agreed to in writing by the City and the Developer. Thereafter, notwithstanding anything in this Agreement to the contrary, to the full extent permitted by state law, the City may require compliance with any amendments to the City's Comprehensive Guide Plan, official controls, platting or dedication requirements enacted after the date of this Agreement. 4. Development Plans. The subject property shall be developed in accordance with the following plans, original copies of which are on file with the City Department of Public Works. The plans may be prepared, subject to City approval, after entering this Agreement, but before commencement of any work on the Subject Property. If the plans vary from the written terms of this Agreement, the written terms shall control. The Plans are: Plan A -Plat Plan B -Terra Engineering Existing Conditions Plan dated June 24, 2010 Plan C -Terra Engineering Preliminary Grading/Utility Plan dated June 24, 2010 5. Installation by Developer. The Developer shall install or cause to be installed and pay for the following, hereinafter referred to as the "Developer Improvements"..The grading, erosion control and landscaping shall all be made in accordance with City approved plans. a. Setting of Lot and Block Monuments b. Surveying and staking of work required to be performed by the Developer. c. Gas, electric, telephone, and cable lines prior to building occupancy d. One set of sewer and water services prior to building occupancy e. Modify driveway aprons as shown on approved plans prior to building occupancy f. The demolition of the existing home g. Other items as necessary to complete the development as stipulated herein or in other agreements 6. Grading, Drainage/Site Grading/Erosion Control and Clean up. Site grading for each lot shall be completed by the Developer at its cost in accordance with the Stormwater Management Permit for each lot issued and approved by the City at the time of home construction. If required, such activities shall also be approved by the Bassett Creek Water Management Commission and be in accordance with an NPDES permit. The Developer or its assigns shall comply with the terms of the Stormwater Management Permit issued for each home and the relocation of the garage. 7. Permit. The Developer hereby grants the City, its agents, employees, officers and contractors a permit to enter the Subject Property to perform all work and inspections deemed appropriate by the City during the installation of Public Infrastructure Improvements. The developer must install: a. One water service prior to building occupancy b. One sewer service prior to building occupancy 8. Ownership of Improvements. According to City Code, the City may install services in the public rights-of-way and ownership and maintenance shall be the responsibility of the Developer or its assigns. 9. Assessment for Public Works Costs. a. The Developer shall install sewer and water services to said Lots 1 and 2.and driveway aprons for said Lots 1 and 2. The Developer is required to obtain necessary Right of Way (ROW) permits and utility permits. b. The Developer shall hold the City and its officers and employees harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from plat or subdivision approval and development of the Subject Property. The Developer shall indemnify the City and its officers and employees fro all costs, damages or expenses which the City may pay or incur in consequence of such claims, including attorney's fees. c. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Agreement within thirty (30) days after receipt. If the bills are not paid on time, the City may-halt development work and construction. including, but not limited to, the issuance of building permits for lots which the Developer may or may not have sold, until the bills are paid in full. Bills not paid within thirty (30) days shall accrue interest at the rate of nine percent (9%) per year. 10. Park Dedication. The Developer agrees to pay a park dedication fee in the amount of $1,100 at the time of execution of any plat by the City. 11. Proaerty Fees, Charges and Assessments. The Developer understands that builders will be required to pay for the Subject Property fees, charges and assessments in effect at the time of issuance of building permits. The rates for each of these items will be set according to the current rate structure at the time the building permit is received. 12. Developer's Default In the event of default by the Developer as to any of the work to be performed by its hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer is first given notice of the work in default, not less than 48 hours in advance. This Agreement is a license for the City to act, and it shall not be necessary for the City to seek a court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, levy the cost in whole or in part as a special assessment against the Subject Property. Developer waives its rights to notice of hearing and hearing on such assessments and its right to appeal such assessments pursuant to Minnesota Statutes, Section 429.081. 13. Miscellaneous. a. The Developer represents to the City that the development of the Subject Property, the subdivision and the plat comply with all city, county, metropolitan, state and federal laws and regulations including, but not limited to: subdivision ordinances, zoning ordinances and environmental regulations. The existing sanitary sewer service must be compliant with the City's Inflow and Infiltration Ordinance prior to occupancy of the home. If the City determines that the subdivision, or the plat, or the development of the Subject Property does not comply, the City may, at its option, refuse to allow construction or development work on the Subject Property until the Developer does comply. Upon the City's demand, the Developer shall cease work until there is compliance. b. Third parties shall have no recourse against the City under this Agreement. c. Breach of the terms of this Agreement by the Developer shall be grounds for denial of building permits, including lots sold to third parties. d. If any portion, section, subsection, sentence, clause, paragraph or phase of this Agreement is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Agreement. e. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Agreement. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Agreement shall not be a waiver or release. This Agreement shall run with the land and may be recorded against the title to the property. The Developer agrees to provide the execution of amendments to this Agreement, as are necessary to effect the recording hereof. After the Developer has completed the work required of it under this Contract, at the Developer's request, the City will execute and deliver to the Developer a release. g. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to the City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so exciting may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. h. The Developer may not assign this Agreement without the written permission of the City Council i. It is the present intention of the Council not to grant to the developer variances for this subdivision unless the circumstances warrant it. 14. Notices. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by registered mail at the following address: Peter Knaeble Golden Valley Land Co. 6001 Glenwood Avenue Minneapolis, MN 55422 Notices to the City shall be in writing and shall be either hand delivered to the City Manager, or mailed to the City by registered mail in care of the City Manager at the following address: City Manager City of Golden Valley 7800 Golden Valley Road Golden Valley, MN 55427 NEXT PAGE IS SIGNATURE PAGE. IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year first above written. _. CITY OF GOLDEN VALLEY By: Linda R. Loomis, Mayor By: Thomas D. Burt, City Manager DEVELOPER By: STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) Its The foregoing instrument was acknowledged before me this day of 200 , by Linda R. Loomis ,Mayor, and Thomas D. Burt ,City Manager, of the City of Golden Valley, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. Notary Public STATE OF MINNESOTA ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 200 , by Peter Knaeble, , on behalf of the said Golden Valley Land Co. Notary Public ATTACHMENT Lot 12, Block 1 Cloverleaf Terrace, Hennepin County, Minnesota. rr.o~ a~~r,l~,.~~ r~ oclr,~s ~< OL C~/ \ C E J ~ N ~ W \ ~ I r°N ~ I ~ ~ ~ ~ ~~ IN QC~ i o l \' I Q SIN S O ~ `'Ot ~~~ ' ~ ~0' ~ rot ~ ~ ~ \\`'s ~, P~ rrQ~ ~ \ V ~ u ~ja ~----------~ ~- O ~1 v / M ^M ~ o~ h l'' ~ .h / r, /j ~ r. V ~ /A5a5o,31,r ~ ~/~' 1 ~~ 0 - - ~ D 4~ 9~ ; ~-~ ~ ~ "o R~33.58~, L_ ------~ I~IOODSTOCK __-_ A VEIV UE ~~ CLEVCLEAE \ ~ ~ \ ~ ~ ~~ \ '~ 30 0 30 6D f _____ _. - ____._-i Scale In Feet All Bearings Are Assumed 0 - DENO7E5 1/4-INCH X 14 INCH SEi IRON PIPE M4RKED BY LICENSE ND. 41414 0- DENDiES FDUND MONUMENT Pursuant to MINN STAT. Sec. P - William P. Brown, Hennepin County Surveyor BY: COUNtt RECORDER, HENNEPIN COUNTY, MINNESOTA I hereby certify that the within plat of CLOVERLEAF WODDS was filed for record in this office this- day of , 20,_, at_ o'clock-. M. Michael H. Cunnitf, County Recorder By~ 9 O 9~.2~ ~~ ~~ I I I v W I 0 ^ r I N ~ I r 0 V7 I I r -- N I 2?~81 F` ~ ~~~ ~ ~ ~ 0 o ~~ I 114.65 ~ ~ - KNOWN BY ALL MEN BY THESE PRESENTS: Thal Matthew R. Pavek and Sarah R. Pavek, husband and wife, fee owners and Merchonls Bank, National Association, mortgagee, of the following described property: Lot 12, Block i, CLOVERLEAF TERRACE. Have caused {he same to be surveyed and platted as CLOVERLEAF WDODS, and do hereby donate and dedicate to the public for public use forever the easements for drainage and utility purposes as shown on the plat. In witness whereof said Maiihew R. Pavek and Sarah R. Pavek, hushand and wife have hereunto set their hands lhie_doy of 20_. SIGNED: Matthew R. Pavek Saroh R. Pavek STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument wos acknowledged before me this _ day of 20 _, by Matthew R. Pavek and Sarah R. Pavek, hushand and wife. Noiory Public County, Minnesota My Commission expires In wiloess whereof said Merchonls Bank, National Association, a Minnesota corporation has caused these presents to be signed by Ito proper officer this--day of 20-. Merchonls Bank, National Association hy, it's, STATE OF MINNESOTA COUNTY OF The foregoing instrument was acknowledged before me this _ day of 20 _, by ,its ,Merchants Bank, Notional Association, a Minnesota corporation on behalf of the corpmolion Notary Public County, Minnesota My Commission expires ] hereby cerify that this plat of CLOVERLEAF WODDS is a correct representation of the boundary survey; that all mathematical data and labels are correctly designated on the plat; that all monuments depicted on the plat have heen correcly set as indicated on the plat; that all water boundaries and wet lands as of the dote of the surveyor's certificate are shown and labeled on {he plot; that all public ways are shown and labeled on the plot I further certify that this plat was prepared by me or under my direct supervision and Thal I am a duly licensed land surveyor under the Iowa of tfie State of Mlonesota. TAXPAYER SERVICES DEPARTMENT, HENNEPIN COUNTY, MINNESOTA I hereby certify that loxes payable in and prior years hove been paid for land described on this plot. Dated this _ day of 2D_ Jill L ANerson, Hennepin County Auditor By: ,Deputy SURVEY DIVISION, HENNEPIN COUNTY, MINNESOTA 3838565 (1969) this tat has been approved this day of ,20_. C.` T "{L: I III I tS';~ ~r• I 6 6 o I o ~ ~ '',I ~ Drainage and Utility easements are shown thus: being 6 feet in width adjoining lot lines, unless otherwise indicated, and 10 lest in width adjoining right-of-way lines, as shown on the plat. _ 1' Ii rEl lh'. 284.24 EAST ~. ERACE 2ND ADDITION TE David E. Crook Gceosed land Surveyor Minnesota Licensed No. 22474 STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument wos acknowledged before me this _ day of David E. Crook, Lond Surveyor. 20 _, by Nolory Public Hennepin County, Minnesota Deputy My Commission expires GOLDEN VALLEY, MINNESOTA This plot of CLOVERLEAF WOODS was approved and accepted by the City Council of Golden Valley, Minnesota at a regular meeting thereof held this_day of 20_. If applicable the written and recommendations of the Commissioner of Transportation and the County Highway Engineer have been received by the City or the prescribed 30 day period has elapsed without receipt of such comments and recommendations, as provided by Mlonesota Statutes, Section 505.03, Subd. 2. CITY COUNCIL OF GOLDEN VALLEY, MINNESOTA By, By: Mayor Clerk Golden Valley ~11C)r~!"1~U" Planning 763-593-8095 / 763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting October 5, 2010 "60 Days" Deadline: November 16, 2010 Agenda Item 6. B. Authorization to Sign Amended PUD Permit -Allianz Life USA Addition PUD No. 87, Amendment No. 3 Prepared By Joe Hogeboom, City Planner Summary Allianz Life USA has requested to amend Planned Unit Development (PUD) #87 to allow for the operation of an on-site childcare facility. The Planning Department has determined that this action qualifies as a minor PUD amendment (qualifications for minor PUD amendment are attached). The proposal calls for an on-site childcare center that would serve Allianz employees and their families. The proposed center would be located on the first floor of the building. In addition to indoor space, Allianz is proposing to expand the outdoor play area beyond where the current green space exists. Doing so would remove eighteen parking stalls and relocate an existing internal sidewalk, as shown on the attached exhibits. The site currently requires 2,400 parking stalls. Removal of eighteen stalls to make-way for a play area would leave the site with 2,411 stalls, still exceeding the site's parking requirement. Allianz plans to reserve dedicated parking spaces for child care center employees and parents. Licensing of the childcare facility would be done through the Minnesota Department of Human Services. Attachment Location Map (1 page) Applicant's Narrative (2 pages) Memo from Deputy Fire Marshal Ed Anderson, dated September 27, 2010 (1 page) Amended PUD Permit (4 pages) Site Plans (3 oversized pages, loose in agenda packet) Recommended Action Motion to authorize the Mayor and City Manager to sign the amended PUD permit Allianz Life USA Addition PUD No. 87, Amendment No. 3. City of Golden Valley Request for a Minor PUD Amendment Contact Information: Fred Atkinson Director of Corporate Services Allianz Life Insurance Company of North America 5701 Golden Hills Drive Golden Valley, MN 55416 Phone #: 763-765-5264 Email: fred.atkinsonC allianzlife.com Location Address: 5901 Golden Hills Drive, Golden Valley, MN 55416 Type of Proposal: Small Area with parking changes Background: Allianz Life has enjoyed a strong relationship with the City of Golden Valley and our neighbors since 2001. Our employees take great pride in supporting the community, which is evidenced by numerous donations totaling more than $675,000 to the City of Golden Valley, as well as support for Golden Valley-based PRISM (People Responding In Social Ministry) for more than 10 years. This is one of the many reasons Allianz Life was recently named one of the 2010 "Great Places to Work", which was confirmed through employee-sponsored nominations recognized by the Minneapolis Star Tribune and Minneapolis/St. Paul Business Journal. Proposal: In that same tradition we are now planning an on-site Child Care Center for our employees. Through our research we have determined that our current employee population and demographics will support a center for 88 children ranging in ages from infant through preschool. As we consider where the center should go on our site, we first established the following criteria: that it be built in existing space, that it be adjacent to outdoor play space, that it have easy access for parent drop-off and pick-up, and most importantly that it is safe. After careful consideration we determined that the first floor of our new addition, 5901 Golden Hills Drive, was the. most logical spot. Although this location satisfies all of our criteria, we would like to expand the outdoor play space beyond the current green space that exists today. We are proposing to relocate the existing sidewalk to the west, which would eliminate approximately 18 parking stalls. This will allow us to expand the play space by approximately 4,300 square feet. Current parking numbers on campus exceed requirements by 29 stalls, so we are not adversely impacting our current parking counts. Drop-off parking for parents is currently being planned within the parking ramp structure to provide safe passage and protective cover during inclement weather. The parents would enter the building through the main lobby past security to the Child Care Center entrance. In addition, we are exploring options to create dedicated parking for parents that will provide safe passage to the building without having to cross traffic lanes. Request: With this request, we are seeking the council's approval to modify our PUD to incorporate additional child care play space on our site by eliminating 18 parking stalls. Your consideration in this matter is .greatly appreciated as we endeavor to remain a "Great Place to Work". G~ e r"an pnn P 411 a V - g $ ,F., ~ ~ Fire Department Fire Department 763-593-8065 / 763-593-8098 (fax) To: Mark Grimes, Director of Planning and Zoning From: Ed Anderson, Deputy Fire Marshal Subject: PUD 87 Minor Amendment #3 -Allianz, 5901 Golden Hills Drive Date: September 27, 2010 I have reviewed the application packet for the minor amendment for Allianz Life Insurance of North America, located at 5901 Golden Hills Drive. The packet information indicates that they are proposing an on-site childcare center for their employees. Listed below are my comments regarding the proposed childcare center operation at the current building. 1. The remodeling and demolition of the scope of this construction shall be in accordance with Minnesota State Fire Code Chapter 14. 2. The current fire alarm system located in the building shall be maintained in accordance with the original installation standard for that system. The required system shall be extended, altered or augmented as necessary to maintain and continue protection whenever the building is altered, remodeled or added onto. Alterations to the fire alarm system shall be done in accordance with the Minnesota State Fire Code and the Golden Valley Fire Department fire alarm policy. 3. The current fire suppression system located in the building shall be maintained in accordance with the original installation standard for that system. The required system shall be extended, altered, augmented or as necessary to maintain and continue protection whenever the building is altered, remodeled or added onto. Alterations to the fire suppression system shall be done in accordance with the Minnesota State Fire Code and the Golden Valley Fire Department fire suppression policy. 4. The staging of construction vehicles shall not be in the "No Parking Fire Lane" area or in the fire department access road located on the property. 5. The construction dumpsters and construction debris shall not block or obstruct fire department access roads, fire hydrants or post indicator valves located on the property. If you have any questions, please contact me at 763-593-8065 or eanderson(a~ci.golden-valley.mn.us. ea/jl Allianz Life USA Addition P.U.D. No. 87 Original PUD City Council Approval: April 4, 2000 Amendment No. 1 City Council Approval: July 6, 2004 Amendment No. 2 City Council Approval: April 19, 2005 Amendment No. 3 City Council Approval: October 5, 2010 City of Golden Valley, Minnesota Use Permit for Planned Unit Development Project Name:. Allianz Life USA 2"d Addition P.U.D. No. 87 Location: That area bounded by Xenia Avenue on the East, I-394 on the South, the Soo Line Railroad on the West and Golden Hills Drive on the North (address: 5701 Golden Hills Drive) Legal Description: Lots 1, Block 1 Allianz Life USA 2"d Addition P.U.D. No. 87 Applicant: Allianz Life Insurance Company of North America ("Allianz Life") Address: 5701 Golden Hills Drive, Golden Valley, MN 55416 Owner: Allianz Life Address: 5701 Golden Hills Drive, Golden Valley, MN 55416 Zoning District: I-394 Mixed Use Permitted Uses: Phase One - A 10 story, 400,000 sq. ft. office building with a 5- story/7 level parking ramp containing 1,426 spaces. Phase Two - A 6 story, 200,000 sq. ft. office building addition with an auditorium, training area and expanded parking ramp, as indicated on the attached site plan. Permitted uses in Phase One and Two include other support services, such as cafeterias or snack bars, copying and collating services, mail services or day care, with no outside advertising or signage allowed for such support services. Components: A. Land Use 1. The General Plan of Development P.U.D. plans, prepared for Phase One of the Allianz Life corporate campus is a part of this permit. These plans were prepared by Architectural Alliance and dated February 11, 2000. These plans include a site plan, building elevations, floor plans, landscape plan, and tree preservation plan. Allianz Life USA Addition P.U.D. No. 87 -Amendment #2 Page 2 2. The Final Plan of Development plans, prepared for Phase Two of the Allianz Life corporate campus is a part of this permit. These plans were prepared by Architectural Alliance and dated February 8, 2005. These plans include a site plan, building elevations, existing conditions plan, demolition plan for the temporary parking lot, grading and drainage plan, storm water pollution prevention plan, utility plan, details plan and landscape plan. 3. Amendment No. 3 allows for an on-site childcare center for Allianz employees per the plans prepared by Architectural Alliance dated September 17, 2010. B. Construction 1. Except as specifically provided in the terms of the General Plan approval, all on-site improvements must meet the Building Code, Fire Code, Mechanical Code, Plumbing Code, City sign standards for the Business & Professional Offices Zoning District, and miscellaneous other City Development requirements that would apply for a similar project outside a P.U.D. 2. Waste and recycling facilities shall be located entirely within the main building or in the loading dock area. 3. The basement of the Phase Two ofFce building will be used only for mechanical and data center space and shall be non-habitable. 4. The recommendations in the memos from Deputy Fire Marshal Ed Anderson, dated April 29, 2004 and February 22, 2005 shall become a part of this permit. C. Grading, Utilities, Access and Other Engineering Issues The memos from City Engineer Jeff Oliver, PE, to Director of Planning and Development Mark Grimes, dated March 28, 2000, May 6, 2004 and March 1, 2005 and the recommendations contained therein, shall become a part of this permit. 2. The construction of the Allianz Life development is subject to a Tree Preservation Plan and a Grading, Drainage and Erosion Control Plan. Prior to the issuance of building permits for Phase Two, City Staff must approve these plans. 3. Allianz Life will construct and maintain a bus shelter on the property or in the right- of-way along Xenia Avenue as required by the City and Metro Transit. 4. When it is determined by the City or the State of Minnesota that the construction of a High Occupancy Vehicle (HOV) ramp access lane to westbound I-394 is feasible and practicable, Allianz Life agrees to dedicate the necessary property needed for its construction. 5. The attached Traffic Management Plan is a part of this PUD Permit. In addition, Allianz Life is subject to all requirements found in Section 11.56 (I-394 Zoning District Ordinance) which provides in part as follows: For all parcels located within Zone A each time (a) the traffic generated for one hour during the p.m. peak hour three days out of five consecutive business days exceeds Level of Service E at more Allianz Life USA Addition P.U.D. No. 87 -Amendment #2 Page 3 than half of the intersections within the Xenia/Park Place interchange (effective after the interchange is substantially completed and operational), or (b) once the reserve capacity allocated to the city for this interchange has been used, whichever is first, the owner shall implement an original or revised traffic management plan. The traffic management plan initially shall be prepared when the traffic generated for one hour during the p.m. peak hour three days out of five consecutive business days reaches Level of Service E at more than half of the intersections of the Xenia/Park Place interchange (effective after the interchange is substantially completed and operational). It shall be designed to reduce the traffic generated by or from the parcel by a percentage which, in conjunction with the other parcels in the zone, will accommodate Level of Service E at the p.m. peak hour (or keep it within the city's allocable portion of the reserve capacity, if that applies), given the p.m. peak hour trips assumed to be generated by the parcel based on the table attached to the ordinance as Exhibit 1. The owner shall submit the traffic management plan to the Joint Task Force, which shall review and approve all traffic management plans before they may be implemented. Each development containing more than .6 square feet of gross floor area per each square foot of land area within a lot or parcel within one of the three zones shall monitor the traffic generated by it, the locations and times to be determined by the Joint Task Force, and it shall supply such traffic volume figures to the Joint Task Force. Each planning department will publish those figures yearly. The Joint Task Force shall determine the acceptable methods of measuring traffic volumes, the acceptability of persons or firms undertaking it and all other reasonable requirements in connection therewith. Each developer or owner of a parcel who leases part of the parcel, or part of a building thereon, to one or more tenants shall include the following in each lease: The Cities of Golden Valley and St. Louis Park have established an I-394 Traffic Zoning Ordinance. It will require traffic management plans for traffic generated by this and certain adjacent developments when certain conditions occur. Under such conditions it will restrict traffic generated by these developments. The plan is intended to promote improved traffic circulation and reduce pollution and congestion, particularly during peak times, for all users of city streets. The traffic management plans prepared by the owners may require the use of rideshare incentive programs, public transit incentives, bicycle and pedestrian incentive measures, variable work hours or flex-time programs under which employees are required to stagger their work hours, measures to reduce reliance on single occupying vehicles, shared parking and the like. A copy of the complete ordinance may be obtained by calling the city offices of Golden Valley or St. Louis Park. Allianz Life USA Addition P.U.D. No. 87 -Amendment #2 Page 4 6. Allianz Life has agreed to implement the Traffic Management Plan prior to any requirement of the I-394 Zoning District Ordinance (Section 11.56 of the Zoning Code). Because Allianz Life will implement the Traffic Management Plan voluntarily, before it is imposed by Ordinance, Allianz Life will be given credit to the extent they have previously reduced traffic in the AM and PM peak hours when the Ordinance is imposed. 7. The uses on the site shall meet all applicable City, State and Federal standards. D. Subdivision 1. The final plat shall include "P.U.D. No. 87" in its title. 2. The final plat will consist of one lot. 3. The final plat shall indicate all easements as required by City Ordinance and the City Engineer. It is hereby understood and agreed that this P.U.D. Permit is a part of the City Council approval granted on April 4, 2000, July 6, 2004, April 19, 2005 and October 5, 2010. Any changes to the P.U.D. Permit for the Allianz Life USA Addition P.U.D. No. 87 shall require an amendment. ALLIANZ LIFE INSURANCE COMPANY OF NORTH AMERICA Witness: Witness: Witness: By: Title: Date: CITY OF GOLDEN VALLEY By: Linda R. Loomis, Mayor Date: By: Thomas D. Burt, City Manager Date: Warning: This permit does not exempt you from all other City Code provisions, regulations and ordinances. a//ianz ear/y chi/dhood center 18 PARKING STALLS AND 4~35o SFTO BE REPLACED WITH LANDSCAPING FOR OUTDOOR PLAY AREA ARCHIiECIU6~l RILIRNCE b4 ~_ PARKING RAMP EXHIBIT B: PROPOSED PARKING TO BE REMOVED 1"= 100' PROPOSED AREA AND SUMMARY: TOTAL BUILDING AREA: CHILDHOOD CENTER: PARKING REQUIRED: PROPOSED PARKING: BARKING 600,000 SF 10,000 SF 2,400 stalls 2,411 stalls ALLIANZ LIFE Golden Valley, MN 09-1]-2010 a//iar~z ear/y chi/dhood center RRC~11E~1URAl ALLIANCE PARKING RAMP EXHIBIT C: CHILDHOOD CENTER ACCESS 1„- 50' ALLIANZ LIFE Golden Valley, MN 09.1]-2010 a//ianz ear/y chi/dhood center ~~60LDEN HILLS DRIVE U PROPOSED OUTDOOR PLAY AREA EXISTING AREAAND PARKING SUMMARY: TOTAL BUILDING AREA: 600,000 SF PARKING REQUIRED: 2,400 stalls EXISTING PARKING: 2,429 stalls -_- --_----~-r ON RAMP TO INTERSTATE H ~ 394 ALLIANZ LIFE Golden Valley, MN 09-1]-2010 EXHIBIT A: KEY PLAN R~c~il~cTU~~~A«iaNCE 1"=100'