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05-15-12 CC Agenda Packet (entire) - updated AGENDA Regular Meeting of the City Council Golden Valley City Hall 7800 Golden Valley Road Council Chamber May 15, 2012 6:30 pm The Council may consider item numbers 1, 2, 3, 5 and 6 prior to the publie hearings scheduled at 7 pm 1. CALL TO ORDER PAGES A. Roll Call B. Pledge of Allegiance C. Receipt of 2011 Environmental Commission Annuat Report 3-5 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 Cauncil Member or citizen so requests in whieh event the item will be removed from the general order of business and considered in its normal sequence an the agenda. A. Approval of Minutes - City Council Meeting - April 3, 2012 6-12 B. Approval of Check Register 13 C. Licenses: 1. General Business Licenses 14 2. Fireworks Permit - Pyratechnic Display, Inc. for Golden Valley Fire Relief 15 Association Street Dance 3. Temporary Nanintoxicating Malt Liquor On-Sale Special Event Permit - Chester 16 Bird American Legion for Golden Valley Days Art & Music Festival 4. Solicitor's License - Allisd Waste Services 17-19 D. Minutes af Boards and Commissions: 1. Envision Connection Project Board of Directors - March 15, 2012 2Q-23 2. Bassett Creek Watershed Management Commission - March 15, 2012 24-32 E. Approval of Plat 12-38 and Authorization to Sign Subdivision Development 33-41 Agreement - Meadow Lane Woods Addition F. Authorization to Sign Amended PUD Permit - PUD #88 - Breck Addition - Amendment 42-48 123 Ottawa Avenue North G. Authorization to Extend Fire Relief Association Street Dance Hours 49 H. Receipt of April 2012 Financial Reports 50-56 I. Memorial Dedication for Edward (Ed) Silberman 12-39 57-58 J. Authorization to Sign Agreement with Environmental Process, Inc. for Park Shelter 59-77 and Building Maintenance Projects K. Authorization to Sign Amended Agreement with Brookstone-Vanman, LLC for Right- 78-82 of-Way Landscaping and Maintenance - Golden Valley Road and Winnetka Avenue North 3. CONSENT AGENDA - CONTINUED L. Donation of Street Name Signs and Concrete Posts to Golden Valley Histarical 83-85 Society 12-40 M. Authorization ta Establish No Parking Zone - Laurel Avenue and Hampshire Avenue 86-90 Intersection 12-41 N. Receipt of Notice of Metropolitan Council Action Regarding General Land Use Plan - 91-107 Comprehensive Plan Amendment - Highway 55, Harold Avenue, Winnetka Avenue and Glenwood Avenue 4. PUBLIC HEARINGS 7 PM 5. �LD BUSINESS 6. NEW BUSINESS A. Acceptance of Donations - North Tyrol Park - Additional Tree Plantings 12-42 108-11 Q B. Authorization to Sign Amended PUD Permit - Meadowbrook Schoal - PUD #90 - 111-128 Amendment #1 C. Announcements of Meetings D. Mayor and Council Communications 7. ADJOURNMENT This document is available in alternate formats upan a 72-hour request. Please call 763=593-8006(TTY. 763-593-3968)fio rnake a request. Examples of>alternate formats rnay incfude large'print, eJectronic, Braifle, audiocassette, etc. �1��1 �� Public Works Department 763-593-8030/763-593-3988{fax) u y .- 4t.... . . :- ��._ �� _ �:.. .. a. ,.;. =�� Executive Summary For Action Golden Valley City Council Meeting May 15, 2012 Agenda Item 1. C. Receive and File the Environmental Commission's 2011 Annual Report Prepared By Jeannine Clancy, Director of Public Works Rich Baker, Chair, Environmental Commission Summary The Environmental Commission has completed an annual report summarizing their 2011 accomplishments. The current chair of the Environmental,Commission Rich Baker, will present a summary of the report at the May 15 City Council meeting. Attachments • Environmental Commission 2011 Annual Report, dated April 2012 (2 pages) Recommended Action Motion to receive and file the Enviranmental Commission's 2011 Annuat Report. G1��U� g��ld+�n �alle � 2011 ANNUAL REPORT GOLDEN VALLEY ENVIRONMENTAL COMMISSION Prepared by Rich Baker, Chair Apri{ 2012 In accordance with Section 2.50, Subd. 4 of the Golden Valley City Code, the Golden Valley Environmental Commission submits the following report of its 2011 activities, organized by the Commission's duties and responsibilities. Summary The primary focus of the Environmental Commission during 2011 was completion of the City's Curbside Recycling Pragram and Residential Solid Waste Study. As a result of the work by the Commission, the City Council took action on approving the new contract for municipal recycling services (City recycling program) and adopting new waste hauler requirements. The Cammission also received monthly program and project updates from staff. Updates provide the Commission with an opportunity to review and provide input to staff from an environmental standpoint, and to identify issues the Commission might want to address. The Commission believes that it provides a valuable service to the City and staff and looks forward ta continuing to serve the City's environmental needs. City's Recycling Program The Environmental Commission provided input on the Gity's curbside recycling program and had a number of requests to be explored as part of the contract negations. Items requested were: � Curbside pick-up of electronics • Environmentally sound practices and efficiency • 100% revenue sharing • A selection of wheel containers • Added materials as recommended by the Minnesota Pollution Control Agency (MPCA) The City's new curbside recycling program incorporates all of these requested items. Curbside pick-up of electronics is being offered by the contractor, for an additional fee. The recycling service is every other week, which means less truck traffic on City streets and associated vehicle emissions. The City has 100% revenue sharing from the sale of the recycled materials. Residents can choose from three different cart sizes to meet their recycling needs. Finally, the program includes the recommended materials from the MPCA. Residents can now recycle plastics #1 through #7, which includes many more plastic types (retail bags, caps on bottles) than previously available. G:\Environmental CommissionWnnual Report\2011 GVEC Annual Report.docx 1 C1��0� �"C1�C��YI va��e � The Environmental Commission also requested that as part of the new program rollout, education about proper cart storage requirements be included. Staff did integrate cart storage requirements into multiple communication mediums during the rollout. Finally, the Commission identified a goal to expand the recycling program to commercial and apartment complexes. The City Council took action on this in the spring of 2012 and staff is currently ironing out the final details of offering services to commercial and apartment complexes as part of the City's recycling contract. Solid Waste Hauler Regulations Environmental Commissioners wanted to ensure that waste was properly disposed of in Golden Valley. To do this, City Code, Section 6.35, Subdivision 2 was completely re- written and included the fallowing major provisions: • All properties in the City must contract for disposal of waste • All waste haulers must be licensed by the City of Galden Valley • License requirements include: o Haulers must offer separate yard waste containers o Haulers must haul yard waste April 1 to November 15 o Haulers must offer valet (walk up) service as a contract option G:\Environmental CommissionWnnual Report\2011 GVEC Annual Report.docx 2 Regular Meeting of the City Council April 3, 2012 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Golden Valley, Hennepin County, Minnesota was held at 780Q Galden Valley Road in said City on April 3, 2012 at 6:30 pm. The following members were present: Clausen, Freiberg, Harris, Pentel and Scanlon. Also present were: Thomas Burt, City Manager; Jeannine Clancy, Director of Public Works; Allen Barnard, City Attorney; and Judy Nally, Administrative Assistant. Pledqe of Alleqiance The Pledge of Allegiance was recited. Ap,proval of Aqenda MOVED by Clausen, seconded by Freiberg and motion carried unanimausly to approve the agenda of April 3, 2012 as amended: Addition af Set Date for Board/Cammission Dinner. Approval of Consent Aqenda MQVED by Pentel, seconded by Scanlon and motion carried unanimously to approve the agenda of April 3, 2012 as amended: Removal of Appraval of Minutes - Council/Manager Meeting - March 13, 2012 and Notification Regarding Construction of Public Improvements and Exception to Noise Ordinance for MCES Project. Approval a►f Minutes - Council/Manaqer Meetinq - March 13, 2012 Council Member Pentel suggested that under Goal Setting follow-up she did not recaU the Council came to a decision about an economic development plan or task force. MOVED by Pentel, seconded by Scanlon and motion carried unanimously to approve the Council/Manager Meeting minutes of March 13, 2012 as amended: under Goal Setting Follow-up (cantinued) remove the second sentence. *Approval of Check Reqister MOVED by Pentel, seconded by Scanlon and motian carried unanimously to authorize the payment of the City and Housing and Redevelopment bills as submitted. *General Business Licenses MOVED by Pentel, seconded by Scanlon and motion carried unanimously to autharize the payment af the bills as submitted. Regular Meeting of the City Council Aprii 3, 2012 Page 2 *Minutes of Boards and Commissions MOVED by Pentel, seconded by Scanlon and motion carried unanimously to receive and file the minutes as follows: Board af Zoning Appeals - February 28, 2012 Environmental Gammission - February 27, 2Q12 Envision Connection Project Board af Directors - February 16, 2012 Bassett Creek Watershed Management Commission - February 16, 2012 Joint Enviranmental and Open Space and Recreation Commissian - February 27, 2012 *Brush Pick-up Program - Bids MOVED by Pentel, seconded by Scanlon and motion carried unanimously to award the bid for brush pick-up to the anly bidder, Tim's Tree Services for $66,410. 2012 Pavement Manaaement Program: Award Contract, Authorization to Sign Aqreement with SEH, Inc. for Construction Observation and Enqineerinq Services, Authorization to Siqn Aqreement with Xcel Enerqy for Replacement of Qecorative Streetli�hts and Authorization to Sian Aqreement with Xcel Enerqv for Replacement of Decorative Streetliqhts MOVED by Pentel, secanded by Scanlon and motion carried unanimously to award the bid for the 2012 Pavement Management Program from the lowest responsible bidder, GMH Asphalt Corporation for $4,077,429.67. The bids were as follows: GMH Asphalt Corporation $4,077,429.67 Northwest Asphalt $4,121,025.80 Valley Paving $4,150,450.99 Palda & Sons, Inc. $4,280,602.83 C.S. McCrossan Construction, Inc. $4,996,522.58 MQVED by Pentel, seconded by Scanlon and motion carried unanimously to authorize the Mayor and Cit�r Manager to sign the contract with SEH, Inc. for observation, construction, staking, and engineering services for the 2Q12 Pavement Man�gement Program far an amount not to exceed $251,700. MOVED by Pentel, seconded by Scanlon and motion carried unanimously to authorize signing an agreement with Xcel Energy Outdoor Lighting to replace decorated streetlights and appurtenances in the 2012 Pavement Management Program for an amaunt not to exceed $89.000. Regular M�eting of the City Council April 3, 2012 Page 3 Notification Reqardinq Construction of Public Improvements and Exception to Noise Ordinance for MCES Proiect Council Member Freiberg had questions regarding the recourse residents have regarding noise mitigation. Jeannine Clancy answered questions from the Council. MOVED by Freiberg, seconded by Clausen and motion carried unanimously to receive and file the natification that MCES's construction will extend outside the hours of 7 am and 10 pm for the duration of its 1-GV-461 rehabilitation project, estimated to last four to six weeks. Public Hearinq - Preliminarv Plat Ap�roval - Meadow Woods - 15 Meadow Lane North - Golden Vallev Land Companv, Applicant Mark Grimes, Director of Planning and Development, introduced the agenda item and answered questions from the Cauncil. Peter Knaeble, Applicant, reviewed the preliminary plat and answered questians from the Council. Cathy Waldhauser, Planning Commission, presented the Commissian report. Jeff Oliver, City Engineer, Jeannine Clancy, Allen Barnard answered questions from the CounciL The Mayor opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. Donald Browne, 4135 Leber Lane, stated that in past a developer had purchased property in the city and removed the trees and because of the economy the property was not developed and residents had to live with loss of the of the trees on the site; wanted to know if conditians could be set on this development that would avoid any removal of trees, Bonnie Dickel Hoffman, 4Q20 Raanoke Circle, expressed concern over placement of the driveway on Lot 4, requested that whenever visuals are shown at meetings if any amendments were made ta the proposals that the visuals are up-to-date and not seeing old proposals; and expressed concern over storage and accumulatian of snow. Anna Murray, 12 Meadow Lane, expressed concern over loss of the look of the properky and stated people stop to appreciate the look at the property; concern over placement of mailboxes and traffic back-up with mail delivery; stated the road gets very icy and people can't get up the hill, stated she has had to snowplow street when cars and busses get stuck; encouraged placement of driveways on Glenwood; lot 2 and 3 are not '/z acre lots; and suggested that the houses on lot 2 and 3 are too close together. Regular Meeting of the City Council April 3, 2012 Page 4 Public Hearinq - Preliminarv Plat Approval - Meadow Woods - 15 Meadow Lane North - Golden Vallev Land Companv, Applicant— Continued Tom Kersten, 709 Meadaw Lane South, stated he believes this is the sweetest piece of property within the city; feels there are too many homes that will be developed on the property; suggested combining lots 2 3 those houses will be on top of each other and there will not be any yard, that setting doesn't fit into the neighborhoad. Mary Jo Browne, 4155 Leber Lane, concurs with what other neighbors said, stated the previous owner had a lot of visitors and people would swoop around the street, parking became a problem, and don't see why they have to have two houses when one would be sufficient. Robert Yost, 504 Janalyn Circle, wanted to know if there will be a demand for these homes since th�re are vacant properties in the neighborhood, feels it is a unique lot and home and a shame ta see it developed; heard concerns about rights of the developer and city liability but has not heard about rights of the surroundin� neighborhood expressed. Council Member Scanlon read a letter from Damon Struyk, 235 Sunnyridge Lane, feels private property rights should be respected; daesn't feel neighbors should dictate how your property is used; stated that most of the current homes in the neighborhood were created when the property was subdivided in the past; feels the City Code regulations will protect the neighborhaod when properties are being developed; does oppose granting any variances given for the convenience of a developer; variances should not be granted lightly and be considered and welcomes new homes and potential new families. Mayor Harris read an email fram Bruce Pappas, 20 Ardmare Drive, doesn't not believe the variance should be granted to reduce the lot width on lot 1 as it would make the lat out af compliance; encouraged the Council to enforce the City Cade, suggested the Council revisit the issue of the reduction of the minimum square footage for lots at a future meeting. The Mayor closed the public hearing. MOVED by Pentel, seconded by Scanlon and motion carried ta approve the preliminary plat (Sheet 4) without the variance, for Meadow Woods, subject ta the follawing conditions: 1. The Gity Attorney will determine if a title review is necessary prior to appraval of the final plat. 2. A park dedication fee of$4,885.90 shall be paid before final plat approval. 3. The City Engineer's memorandum, dated March 8, 2012 shall become part of this approval. 4. A Subdivision Agreement will be drafted for review and approval by the City Council that will include issues found in the City Engineer's memarandum. Regular Meeting of the City Council April 3, 2012 Page 5 Public Hearinq - Preliminarv Plat Approval - Meadow Woads - 15 Meadow Lane North - Golden Valley Land Companv, Applicant— Continued 5. A11 applicable City permits shall be obtained prior to the development of the new lots. 6. All other applicable local, state and federal requirements shall be met at all times. 7. Deed restrictions regarding fences are strongly encouraged. The vote was as follaws: GLAUSEN - YES FREIBERG - YES HARRIS - NO PENTEL - YES SCANLON - YES Authorizinq Issuance and Sale of: $1,605,000 General Obliqation Improvement Bonds, Series 2012A, $725,U00 General Obliqation Equipment Certificates, Series 2012B and $6,110,000 Refinancinq General Obliqation Bonds, Series 2012C Sue Virnig, Finance Director, introduced the agenda item. Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 12-25 RESOLUTION AUTHORIZING ISSUANCE AND SALE OF $1,605,OOQ GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2012A The motian for the adoption of the foregoing resolution was seconded by Member Freiberg and upon a vote being taken thereon, the following voted in favor thereof: Clausen, Freiberg, Harris, Pentel and Scanlon; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and his signature attested by the City Clerk. Member Pentel introduced the follawing resolution and moved its adoption: RESOLUTION 12-26 RESOLUTION AUTHORIZING ISSUANCE AND SALE QF $725,000 GENERAL OBLIGATION EQUIPMENT CERTIFICATES OF INDEBTEDNESS, SERIES 2012B The motion for the adoption of the foregoing resolution was seconded by Member Freiberg and upon a vote being taken thereon, the following voted in favor thereof: Clausen, Freiberg, Harris, Pentel and Scanlon; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and his signature attested by the City Clerk. Regular Meeting of the City Council April 3, 2012 Page 6 Authorizinq Issuance and Sale of: $1,605,000 General Obliqation Improvement Bondsi Series 2012A, $725,OOQ General Obliqatian Equipment Certificates� Series 2Q12B and $6,110,000 Refinancinq General Obliqation Bonds, Series 2Q12C - Continued Member Pentel introduced the following resolution and moved its adoption: , RESOLUTION 12-27 '' RESOLUTION AUTHORIZING ISSUANCE AND SALE OF $6,110,OOQ GENERAL OBLIGATION IMPROVEMENT REFUNDING E30NQS, SERIES 2012C The mation for the adoption of the foregoing resolution was seconded by Mem'ber Freiberg and upon a vote being taken thereon, the follawing voted in favor thereof: ClaUsen, Freiberg, Harris, Pentel and Scanlan; and the following vated against the sam¢: none, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and his signature attested by the City Clerk. Authorization to Siqn Amended PUD Permit - Golden Vallev Commons PUD #70 - Amendment#2 - 7802 41son Memorial HiqhwaY - Starbucks Coffee Companv, Applicant Edward Abrams, Construction Manager, Starbuck, reviewed the amendment and answered questions from the CounciL Joe Hogeboom, City Planner presented the staff report. MOVED by Freiberg, seconded by Scanlon and motion carried unanimously to authorize the Mayor and City Manager ta sign the amended PUD permit for Golden Valley Commons, PUD #70, Amendment # 2, Starbucks Coffee Company. Announcements of Meetinqs The next Housing and Redevelopment Authority Meeting will be held on April 10, 2012 at 6:30 pm. The next Council/Manager meeting will be held on April 10, 2012 at after the Housing and Redevelopment Authority Meeting. A MCES Public Information Open House for the North Tyrol Park Neighborhoad will be held on April 11, 2012 at 5:30 pm. Some Council Members may attend the Golden Valley Historical Society Meeting on April 12, 2012 at 7 pm at the Golden Valley Historical Society. Regular Meeting of the Gity Council April 3, 2012 Page 7 Announcements of Meetinqs - Continued Some Council Members may attend the Golden Valley Run the Valley Race/Walk on April 14, 2012 beginning at 8 am at the Brookview Community Center. Some Gouncil Members may attend the fire truck display on April 17, 2012 at 5:45 pm at Fire Station #1. The next City Council meeting will be held on April 17, 2012 at 6:30 pm. A Bassett Creek Water Management Cammission will be held on April 19, 2012 at 11:30 am. Mayor and Council Communications Thomas Burt updated the Council on the status of the reopening ofi the Motor Vehicle l.icensing Department, stating the City has the ability to be open by June 1 and reviewed the process for reopening the department. Set Date for Board/Commission Dinner Thomas Burt introduced the agenda item. MOVED by Pentel, seconded by Scanlon and motion carried unanimously to set the Board/Commission Recognition dinner for May 30, 2012. Adiournment MOVED by Freiberg, seconded by Scanlon and motion carried unanimausly ta adjourn the meeting at 8:53 pm. Shepard M. Harris, Mayor ATTEST: Judy Nally, Administrative Assistant �'�� Finance Department 763-593-8013/763-593-8109(fax) � �,�v;, ,". .. . , _: ,.. �� "��;�s. ��..�°�� ; ��.�,:. Executive Summary For Action Golden Valley City Council Meeting May15, 2012 Agenda Item 3. B. Approval of City Check Register Prepared By Sue Virnig, Finance Director Summary Approval of the check register for various vendor claims against the City of Golden Valley. Attachments Document sent via email Recommended Action Motion to authorize the payment of the bills as submitted. c�i�� c��µ �3� In i ns De art nt Sr«t . r �t 763-593-8090/763-593-3997 {fax) Executive Summary For Action Golden Valley City Council Meeting May 15, 2012 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 belaw are the License Number, Applicant, License Type and Fee of those who have submitted an application for approval. #5456 Budget Waste Systems 2 Refuse Vehicles $100.00 3516 East Lake Street Recommended Action Motion to authorize the issuance of licenses as recommended by staff. �'��`�1 �'� �`'� � �� Fir e artment �� G � r 763-593-8079/763-593-8098 tfax) Executive Summary For Action Galden Valley City Council Meeting May 15, 2012 Agenda Item 3. C. 2. Fireworks Permit- Pyrotechnic Display, Inc. for Golden Valley Fire Relief Association Street Qance Prepared By Mark Kuhnly, Chief of Fire & Inspections Summary Pyrotechnic Display, Inc. has requested permission to discharge aerial fireworks at the Golden Valley Fire Relief Association Street Dance at 10 pm on Saturday, June 23, 2012. The Street Dance will be held at the Chester Bird American Legion, 200 North Lilac Drive. The rain date for the fireworks is 10 pm on Sunday,June 24, 2012. The location for discharging the fireworks is on the Breck School baseball field. Breck School has submitted a letter authorizing the use af their property. The fireworks display company and the Golden Valley Fire Relief Association will be responsible for cleaning up the debris from the fireworks, Recommended Action Motion to approve the fireworks display permit for Pyrotechnic Display, Inc. to discharge aerial fireworks at the Breck School baseball fields for the Golden Valley Fire Relief Association Street Dance on Saturday,June 23, 2012, with a rain date of Sunday, June 24, 2012. �� : � � City Adrninistrataion J Cauncil 763-593-8003/763-593-8109(fax) - . ��.__ -�� Executive Summary For Action Golden Valley City Council Meeting March 15, 2U12 Agenda Item 3. C. 3. Temporary Nonintoxicating Malt Liquor On-Sale Special Event Permit - Chester Bird American Legion for Golden Valley Days Art & Music Festival Prepared By Thomas Burt, City Manager Summary The Golden Valley Days Art & Music Festival continues to grow in its success. This year, as in previous years, the Valley Days Committee has partnered with the Chester Bird American Legion to sell beer on Saturday, May 19, 2012 from 1 to 11 pm at Brookview Park. The sale of beer will be in a fenced area and monitored by American Legion staff. Their staff will check ID's and issue wrist bands to identify people of legal age. The City Code does provide for temporary sales of nonintoxicating malt liquor with Council appraval. The American Legion did provide liability insurance naming the City as an additiana! insured in the amount of$1,000,000. Recommended Actian Motion ta approve a temporary nonintoxicating malt liquor license for the Chester Bird American Legion on behalf of the Gotden Valley Days Art & Music Festival on Saturday, May 19, 2Q12 from 1 to 11 pm at Brookview Park. �� City Administration/Council 763-593-3991 /763-593-8109(fax) � _. t��.��.��..��:�,� :��;.�f. �;..� . �� :P... �.��t�� Executive Summary For Action Golden Valley City Council Meeting May 15, 2012 Agenda Item 3. C. 4. Solicitor's License- Allied Waste Services Prepared By Judy Nally, Administrative Assistant Summary As per City Code, any individual or group intending to go door-to-doar within the City selling products, taking orders or soliciting for business or donations must be licensed by the City to do so. Attachments • Peddler/Solicitor License Application (2 pages) Recommended Action Motion to approve the solicitor's license for Allied Waste Services. � Application and fee must be submitted to the City Manager's Office the Wednesday prior to the City Council Meeting. Council Meetings are normally held the first and third Tuesday of each month. PEDDLER/SOLICITOR LICENSE APPLICATIO � TO: Golden Valley City Council Fee Paid: $ %✓ 7800 Golden Valley Road Number of Persons Golden Valley, MN 55427 Type of License: Peddler So icitor (circle one Enclose the sum of$ �J�� for � (number) peddlers/solicitors as required by City Code of the City of Golden Valley and have complied with all the requirements of said Code necessary for obtaining this license. . . �- c �` l°�✓ l�l�l� IX�l,l�l.� (Business or Individual Name or Organization to be Licensed) ��,r J,�� . ��1�3�'Il� �-��1/�f� (MN Business I or FEIN (Federal ID) for Business Licenses) Define Business '��d r -�o �d S L o �' o � �'�o YL. (Corporation, Proprietorship, Partnership, Non-Profit, State of Incorpo ation or Individual) � �Sl �� I ��,.i �� n �� r� �12. (Address) �o�e� �r� l �► e N� � S � 3`� `7 City, State and Zip Code) � i2-- � o � � `7Z � � (Telephone Number, including Area Code) NOW, THEREFORE, ��P :�5 C,�IQ�� j r�-g�Z_�..�, � hereby makes application for (Applicant Name) period of ��T through 12/31/�, subject to the conditions and provisions of said City Code. (Signature of ApplicanUPrinci fficer Description of goods or services for sale (include prices) or indicate if soliciting donations. If more space is needed, attach additional sheets (be specific): �\� �Y � . � 17 NOTE: If the products for sale are changed or modified, you must give the City complete information regarding such change or modification. List the names and addresses of EACH person who will be peddling or soliciting on behalf of said organization in the City, or, in the alternative, the name, address and telephone number or numbers where a responsible person of said organization will maintain a list of names and addresses of all persons engaged in peddling or soliciting in the City: f---�P r sr� l�.` ��v ,�� e--�.z e I I ls�l�I C-rr��ad� �� e /�.-Q�[.e.. U�. I ��,�.1 M (� � � (If more space is needed, attach additionai sheets) STATE OF ��]'��J�S�') � � COUNTY OF ��t��I)V � ss. I, -�,�5 G G�,� �� ( / of ��i�G� ��ls��. ,�Y71 Z�CG.� (Officer/Individual) (Name of Organization) being first duly swdrn, depose and say that all the foregoing information is true to his/her own knowledge except as to matters therein stated on information and belief, and as to such matters, he/she believes them to be true. Signature of Appli nt/Princ' Off cer) Subscribed and sworn to before me this ` � day of , 20 1 � � �^ ��: � /� ��` ��' JUL1iTH A. NALLY (Signature) � �-.,�„ ��,.��_ � � .*�r� ,'=�� '�� ``...wa,... � �+a�n.�.�na �� x Minutes Envision Connection Project Executive Board March 15, 2012 7 pm, Brookview Community Center, Conference Room Members Present: Blair Tremere, Vice Chair; Lynn Gitelis (by phone), Sharon Glover, Jim Heidelberg, Philip Lund, Dean Penk, Mike Schleif. Members Excused: Shep Harris, Cindy Inselmann, Helene Johnson, Marshall Tanick Staff Liaison: Sandy Werts, Volunteer Coordinator 1. Call to Order The meeting was called to order at 7:20 pm by Blair Tremere, interim vice chair. 2. Approval of Agenda The following items were added to the agenda and the agenda renumbered 4. New Business a) Minnesota Statute 13 D. 02 b) Resolution 7-35 3. Approval of the Minutes of February 16, 2012 Correction: 7. Bridge Builder Activities —Valley Days — change date to May 19. Motion: It was moved by Glover and seconded by Heidelberg to approve the minutes as correeted. The motion passed unanimously. 4. New Business a) Minnesota Statute 13 D.02 —Tremere referred to the information Werts sent out from City Clerk Sue Virnig relating to public officials attending publie meetings through interactive television. This was sent to the Envision Board because af member Gitelis attending by phone. The question is if this statute precludes what the board is doing, having a board member calling into the meeting. Heidelberg said that the statute is an addition to the open meeting law. Tremere wants to be clear that having a board member attend by phane call is acceptable and wQUld like a ruling from the city attorney. Werts said she would contact Tom Burt and ask for a clarification. b) Resolution 07-35 - Tremere passed out resolution 07-35 passed by the City Council on August 21, 2Q07. This is the most recent resolution pertaining to the Envision Connection Board. The Council must determine if the items are still relevant. There was discussion about the responsibilities and if the City Council still sees these as relevant. Tremere added that the Envisian Board is different from other commissions in that it is established by resolution and not by ordinance as the other commissions are. Discussion about the Envision Board may possibly be on the April Council-Manager meeting. He said the current council has asked staff what the in-kind costs are to support boards and commissions. Lund said the Council must look at the number of hours volunteers give to the city and the value of those hours. Tremere suggested that it might be a good idea to put together thoughts of what Envision's role is. Werts said she would send the resolutions electronically so that Board members not in attendances would have copies. 5. Old Business Tremere asked that the Board go down the list of priorities and determine the ones they would like to speak about at this meeting. Those that are not discussed will move to the end of the list. These are the priorities as suggested by Mayor Harris. Tremere said the Mayor wants the Board to help the council set priorities for the Envision Connection board. Glover asked what the mission of the Envision Board is and if the priarities fit the vision and mission. • 2012 Priorities i. Public Awareness/Promotion — Schleif said he set up a CommonPlace feed for Envision and he put in the Board's e-mail addresses. No one on the board received an e-mail. Schleif would like to see more Envision information available through social media. Envision has a page on the city website; hawever, Schleif thinks it is inadequate because it is toa difficult to find. He said to promote public awareness information needs to go where the audience is to tell the story. ii. Connecting Cultures — Heidelberg said the upcoming meeting is on March 21. Schleif will get the information on CammonPlace if Heidelberg gets him the information. iii. Youth Enqaqement/Summit— no discussion iv. YounqAdults/Youn�Professionals — Penk said this will be discussed at the next Bridge Builder quarterly meeting v. Envision Award — There was discussion in the minutes about making the award quarterly. Heidelberg was concerned with tying down the frequency. Werts said she suggested making a quarterly deadline to try to get nominations sent in. They do not have to be given out quarterly. Werts said she expects a nomination from the Public Works department for the Garden Club. Lund will make a nomination for the Farmers Market. � vi. Building the Communi Foundation — Penk said the Foundation Board continues to meet monthly to establish the operating strategies. Schleif has set up a prototype website for the Foundation and is looking for feedback and additional information. http://gvcfoundation.mdsfreedom.com/ vii. Calendar/Holiday Events —There were two thoughts about this item — 1) A cammunity events calendar where people can go to one place to find out what is going on in the community; and 2) Activities around special holiday events. One suggestion for a location for a community events calendar would be an the Foundation website. viii. The Arts — no comments ix. 125th Program o Hall of Fame —there was no discussion at this time. This will remain on the priority list. o Time Gapsule —Tremere said the burial will be at a determined location on the City Hall campus Lund asked what it means to be a priority. He would like to see the Bridge Builder Activities under the priority list. Motion: Heidelberg moved that the priority items be re-collated, with those not discussed falling to the bottom of the list. The list is not in order of priority. The motion was seconded by Schleif and passed unanimously. Motion: Lund moved and Heidelberg seconded a motion that Bridge Builder Activities be included in the priority list. Motion carried. Motion: Glover moved to include Valley Days in the list of priorities. The motion was seeanded by Schleif. Discussion: Discussion followed on whether or not Valley Days should be included in the list. Glover withdrew the motian. Motion: Lund moved that Item 5 Bridge Builder Activities become part of the priorities and that item vi become number vii after the reordering of activities. Glover seconded the motion. Motion carried. Motion: Schleif moved and Lund seconded a motion to rename the 2012 Priorities "2012 Important Topics". The motion carried. 6. Bridge Building Activities —The following topics were not discussed at this time. • Bridge Builders — Next Quarterly Meeting — • Ice Cream Social • Lilac Planting • Farmers Market • Valley Volunteer Day 7. Valley Days Update - no updafie at this time 8. Communications — no information 9. Recruitment of Members to Executive Board —Tremere said that new people are welcome and help is needed in finding those people. Werts said the Board may want to limit its size because it changes the number needed for a quorum. 10.Upcoming Meetings —April 19 and May 10. May 1 Q was selected because it is a week priar to Valley Day. Werts will book the Brookview Conference room. Lund may not be at the April 19 meeting. 11.Adjournment Tremere called for a motion to adjourn. It was moved by Schleif and Seconded by Penk to adjourn the meeting at 9:25 pm. Motion passed unanimously. BCWMC March 15, 2012, Meeting Minutes Bassett Creek Watershed Management Commission Minutes of the Meeting of March 15, 2012 L CALL TO ORDER The Bassett Creek Watershed Management Commission(BCWMC)was called ta order at 11:33 a.m.,on Thursday,March 15,2012,at Golden Valley City Hall by Chair Black.Ms.Herbert called roll. ROLL CALL Counsel Charlie LeFevere Crystal Commissioner Dan Johnson Engineer Karen Chandler Golden Valley Commissioner Stacy Hoschka,Treasurer Recorder Amy Herbert Medicine Lake Commissioner Ted Hoshal,Secretary Minneapolis Not represented Minnetonka Not represented New Hope Commissioner John Elder Plymouth Commissioner Ginny Black,Chair Robbinsdale Not represented St.Louis Park Commissioner Jim de Lambert,Vice Chair Note: Commissioner Michael Welch, City of Minneapolis, arrived after roll call. � Also present: Lanra Adler,BCWMC Technical Advisory Committee,City of St.Louis Park Derek Asche,BCWMC Technical Advisory Committee,City of Plymouth Jeannine Clancy,BCWMC Technical Advisory Committee,Golden Valley Christopher Gise,Golden Valley Resident Dave Hanson,Alternate Commissioner,City of Golden Valley Gary Holter,AMLAC (Association of Medicine Lake Area Citizens) Linda Loomis,Golden Valley Resident Tom Mathisen,BCWMC Technical Advisory Committee,City of Crystal Richard McCoy,BCWMC Technical Advisory Committee,City of Robbinsdale Scott Marks,Medicine Lake Resident Jeff Oliver,BCWMC Technical Advisory Committee,City of Golden Valley Liz Stout,BCWMC Technical Advisory Committee,City of Minnetonka Pete Willenbring,WSB &Associates Mary Anne Young,Mayor,Medicine Lake 1 BCWMC March 15, 2012, Meeting Minutes 2.APPROVAL OF AGENDA AND CONSENT AGENDA Chair Black requested that the Commission switch the order of presentation of Old Business agenda items 6A and 6B so that 6B—AMLAC Request—is heard first. Commissioner Elder moved to approve the agenda and the Consent Agenda as amended.Commissioner Hoshal seconded the motion.The motion carried unanimouslv with six votes in favor[Cities of Minneapolis,Minnetonka,and Robbinsdale absent from vote]. 3. CITIZEN INPUT ON NON-AGENDA ITEMS No citizen input on non-agenda items 4. ADMINISTRATION 4A.Presentation of February 16,2012,Meeting Minutes.The meeting minutes were approved as part of the Consent Agenda. 4B.Presentation of Financial Statements. The BCWMC's March 2012�nancial report was approved as part of the Consent Agenda. The general and construction account balances reported in the March 2012 Financial Report are as follows: Checking Account Balance $821,927.02 TOTAL GENERAL FUND BALANCE $821,927.02 TOTAL CONSTRUCTION CASH& $2,437,330.62 INVESTMENTS Revenue ($45.0$)bank charges Current Expenses ($6,467.87) TOTAL Ol�i-HAND CONSTRUCTION $2,430,817.70 CASH & INVESTMENTS CIP Projects Levied-Budget Remaining ($2,262,714.46) Closed Projects Remaining Balance $168,103.24 2011 Anticipated Tax Levy Revenue $9,450.41 Anticipated Closed Project Balance $177,553.65 2 BCWMC March 15, 2012, Meeting Minutes 4C. Presentation of Invoices for Payrnent Approval. i. Kennedy & Graven-Legal Services through January 31,2012-invoice for the amount of $2,282.45. ii. Barr Engineering Company—Engineering Services through February 24,2012—invoice for the amount of$29,904.86. iii. Amy Herbert—February Secretarial Services—invoice for the amount of$1,790.73. iv. D'amico-ACE Catering—March BCWMC meeting catering—invoice for the amount of$324.88. v. MMKR—FY Audit Work through January 31,2012—invoice for the amount of$1,600. [Commissioner Welch arrives.] Commissioner Elder moved to approve payment of all of the invoices. Commissioner de Lambert seconded the motion.Bv call of roll the motion carried unanimouslv with seven votes in favor[Cities of Minnetonka and Robbinsdale absent from vote]. 5.NEW BUSINESS A. Approval of 2012 BWSR Grant Agreement. Ms. Chandler reminded the Commission that the grant is for the Bassett Creek Main Stem restoration project in the�ities of Golden Valley and Minneapolis. She said the agreement is very similar to the 2011 grant agreement and contains a few changes.Mr. LeFevere said that the agreement looked fine.Ms. Chandler said that the Commission needs to approve and sign the grant agreement and return it to the Minnesota Board of Water and Soil Resources and the Commission needs to get some information about the grant up on the Commission's Web site. Commissioner Elder moved to approve executing the grant agreement. Commissioner Welch seconded the motion. Commissioner Welch brought up a comment about a statement in paragraph 15 of the agreement regarding the language"supplement".He questioned if the langaage is supposed to read,"supplant." He also asked the Commission Engineer to make sure the prevailing wage requirement is clearly communicated to the City as it needs to be included in the contract documents far the construction project. Commissioner Welch said he did not want the Commission to hold ap signing the agreement over the wording of supplement versus supplant but would like the Commission to clarify with BWSR its intention. Chair Black said that she would talk to Brad Wozney of BWSR about it.The motion carried unanimouslv with seven votes in favor [Cities of Minnetonka and Robbinsdale absent from vote]. 6. OLD BUSINESS B. AMLAC Request to Create a Document Regarding the Medicine Lake Dam and Lake Level. Gary Holter,board member of AMLAC—the Association of Medicine Lake Area Citizens,said the group has listened to concerns of the citizens around the lake regarding the lake level.He said that AMLAC would like the Commission to do what it can to keep water in Medicine Lake as long as possible during the summer.Mayor Mary Anne Young asked the Commissian to move forward with a process to alter the current dam on Medicine Lake even on a temporary basis such as for three years to allow for 3 BCWMC March 15, 2012, Meeting Minutes documentation,as a way to keep more water in the lake through the summer.Scott Marks,City Council member for Medicine Lake,said that he supports the requests made by AMLAC and Mayor Young.He added that the lake is a heavily used recreation lake and that in the past several years by late July it has been hard to get boats in and out of the lake. Chair Black clarified that it sounds like the issue being brought in front of the Commission is not a water quality issue but is a recreation issue.Mr.Holter,Mayor Young,and Mr.Marks agreed. Ms. Chandler explained that as the Commission has previously informed AMLAC,as well as Medicine Lake residents,if anything is done to the Medicine Lake outlet so that it holds water back above the current elevation,the flood level around the lake will be raised,which is a serious undertaking espeeially since people around the lake do live in the floodplain.She said that the low level of the lake has seemed to be very recurrent.Ms,Chandler said that the Comrnission Engineer has presented to AMLAC and the city residents who attended a public meeting on this topic the data showing the precipitation amounts and the lake water level and that these items are very closely tied. Commissioner Welch asked for clarification of the request from AMLAC since the memo from AMLAC asks for information and today the verbal requests have been for action.Mr.Holter said that AMLAC is looking for an end result. Ms. Clancy brought up the fact that the precedent is that the City pays for the costs of such a project. She provided the example of a Golden Valley project involving a structure that controlled the time of water retention on the Golden Valley golf course.She said that the city wanted the water to drain off the golf course quicker.Ms. Clancy said that the City was responsible for the modifications af the weir and all of the costs of the project. Commissioner Johnson asked for clarification on whether this request is within the Commission's jurisdiction or if not,in whose jurisdiction does it fall? Mr. LeFevere responded that it would probably fall within the BCWMC's authority to do something since there is language in the Metropolitan Surface Water Management Act regarding preserving and enhancing water resources.He said that the issue is more a question of the BCWMC's priorities.Mr. LeFevere said this sounds like a very big project requiring a lot of analysis,title work,easements, changing of the flood map and so on with the administrative process,which is in addition to the bricks and mortar side of the project.He described other ways that the project could be organized such as through the formation of a lake improvement district and then taxes could be levied within a special area to pay for the project,or a special storm sewer tax district that would tax the properties around the lake. � � Mr.Mathisen brought up the currently ongoing process of the updating of TP40,which is the source of all the rainfall data for fload plain elevation determinations.He said the update probably won't be released until the end of the year and after its release would be the time to redo floodplain elevations such as for Medicine Lake. Chair Black summarized that she is hearing that the project would not be as simple as just doing the construction work to raise the dam and that the Commission has typically focused its efforts on flooding issues and water quality issues.She asked for comments or feedback from the Commission. Commissioner Hoshal suggested a letter be prepared and send to Kate Drewry of the Minnesota Department of Natural Resources to ask her for information about a process that a citizen group could undertake for such a project.Commissioner Elder recommended that such a letter be prepared 4 BCWMC March 15, 2012, Meetinq Minutes directly from the group instead of from the Commission but that the group could certainly share the information with the Commission. Mr.Asche noted that the BCWMC has significant investments adjacent to Medicine Lake and encouraged the Commission to study the impacts that any project would have to the three regional ponds adjacent to the lake. After some discussion Chair Black said that she agreed with the idea of AMLAC or the City of Medicine Lake taking the lead to write a letter to the DNR for information. Commissioner Elder commented that the Commission would be interested in the information received back from the DNR if the group is willing to share it with the Commission. Commissioner Hoshal said that he woald be happy to help AMLAC and the City of Medicine Lake with preparing that letter and he will send a copy to the Commission. Mayor Young asked if the information that the Comrr►ission is capturing with its SWMM model process could be shared with the City of Medicine Lake. The Commission said yes.Mayor Young noted that the dam on Medicine Lake is in the Gity of Plymouth and that the City of Medicine Lake couldn't move forward on a project without the City of Plymouth. Mr.Holter stated that AMLAC has been in touch with the DNR,which recommended the group get a petition.Mr.Holter provided the Commission with a copy of the petition and said that AMLAC has gathered 600 signatures and of those only 60 or so are lakeshore owners and the rest are recreational users of the lake. Chair Black directed the Commission Engineer to distribute to the Commission,AMLAC,and the City of Medicine Lake the information that the Engineer had previously presented and distributed on the topic of the lake level of Medicine Lake. A. Cooperative Agreement for Feasibility Study for the Pand Dredging Project in the Northwood Lake Watershed.Mr.Asche reported that the reimbursement amount to be listed in the Cooperative Agreement is$49,893.00.Chair Black moved approval of the agreement. Commissioner Elder seconded the motion. Commissioner Welch commented on the partnership approach with the Four Seasons Mall Project.He said he is concerned about the Commission spending public funds to treat water from a commercial facility,which will potentially undergo redevelopment,without a mechanism in place for the Commission to recover those funds. Mr.Asche said the project will not assist on the Commission's dime the redevelopment of the Four Seasons Mall.He said that he will be happy to draft summaries of proposals that come in to the Four Seasons Mall site to keep the Commission informed of the process occurring on that site. Commissioner Welch said that he remains uncomfortable with the degree to which the Commission funds projects and then is disconnected from the way that the projects roll out.Mr.Asche said that the Commission does not have involvement that is representative of the Commission's investment to the projects.He recommended that the Commission discuss where,when,and how the Commission wants to review the projects. Chair Black provided background on the project for the Commission. The motion carried unanimouslv with seven votes in favor[Cities of Minnetonka and Robbinsdale absent from vote]. B. AMLAC Request to Create a Document Regarding the Medicine Lake Dam and Lake Level.See 5 BCWMC March 15, 2012, Meeting Minutes minutes of the discussion addressed as the�rst business item under Old Business. C. TAC Recommendations on BCWMC CIP for 2014—2018. i. Annual CIP Review: Develop a Draft Five-Year BCWMC CIP for 2014-2Q18.Mr.Asche summarized the TAC's recommended modifications to the Five-Year CIP for 2014—2018:He stated that the TAC recommended that the Commission add to the TAC's April agenda a review of the preliminary modifications to the CIP and to draft a�nal recommendation for Commission review at its April meeting.Mr.Asche reported that the TAC also recommended making modi�cations to the format of the CIP table such as creating a new table that would list the BCWMC's completed CIP projects and also creating a map to accompany the tables.The Commission discussed the idea of the table format modi�cations and how they could enhance communication about the CIP. Commissioner Welch suggested that in regard to enhanced communication the Engineer Memo start including a section that would list"Past Commission Actions"regarding CIP projects. Mr.Asche added that along that same line,the TAC suggested that the CIP table include information on what type of Plan Amendment would be needed for each CIP project. Commissioner Welch moved to approve the TAC's recommendations as listed in the March 7, 2012,TAC memo. Commissioner de Lambert seconded the motion.The motion carried unanimouslv with seven votes in favor[Cities of Minnetonka and Robbinsdale absent from vote]. D. Discuss BCWMC Procedure of Review of Final Plans and Specs of CIP Projects. Chair Black asked if the Commission has a f]ow chart of the project approval process.Ms. Chandler replied no. Chair Black asked if the Commission is interested in having one.Commissioners indicated that they were interested. Chair Black said that the Commission could designate this task to the TAC. Commissioner Welch said that it is a good idea but he wanted to clarify the issue.He said that the issue that he was trying to raise here is how can the Commission identify those places in the process where the Cammission has the opportunity to say,"Go,"or��No go,"to components of the project. Commissioner Welch said that the standard agreement the Commission enters into with a member city for project construction has the city bring the plans and specs to the Commission Engineer for review and approval.He remarked that it is not practical that the Commission page through the plans and specs so the Commission needs to consider how it could make sure that funds it has approved levying from taxpayers are going toward building the projects that the Commission wants to construct.He added that the Commission has to provide appropriate feedback and the Commission needs to design a system that is transparent and accountable. Ms. Clancy remarked that she thinks the Commission does have input during the process and that the City of Golden VaDey does not see the process as disjointed. She volunteered to work with the Commission Engineer to document the process in a f7ow chart. Chair Black commented that she needed the visual of the flow chart to provide a framework for the discussion and suggested that the Commission direct staff to put together the t]ow chart as a starting point to the discnssion. Commissioner Welch brought up the fact that a project's feasibility report is a conceptual document and that pieces of the project will change from that concept.He noted that a component of the project's 6 BCWMC March 15, 2012, Meetinq Minutes process is prioritizing and he said that the Commission historically hasn't given good direction on prioritizing. Chair Black asked Ms.Clancy if she could prepare a draft flow chart for the TAC's review.Ms. Clancy said yes,if she could bounce a draft off of the Commission Engineer.Ms.Loomis brought up the fact that so far during the meeting the Commission brought up�ve tasks that hadn't been budgeted for during the 2012 budgeting process. Chair Black suggested that since the Commission does have a budget this year for the Next Generation Plan the Commission could use thaf budget for some of the previously discussed tasks or if the Commission wants then it conld ask staff to review the recently added tasks in light of the budget and provide information on what budgeted tasks may be displaced as a result of the additional tasks.Ms.Chandler said that the Commission Engineer could come back with an estirnate. Chair Black added that this Ms.Loomis'comment was a good reminder to the Commission to keep track of its budget. Mr.LeFevere noted that the Commission's process has been that once it approves a feasibility report the project has been out of the Commission's hands unless the Commission Engineer brings it back in front of the Commission.He said that the Commission could add a step to the process to have the Commission approve projects' plans and speci�cations,or the Commission could add a process for change order approval. Commissioner Welch said that the Commission could provide criteria at the time of approval of a feasibility report. Chair Black reiterated that having the flow chart created could help with the discussion and decision-making process.Ms. Clancy said that her biggest concern about a change order approval process is that change orders tend to arise in the middle of construction and would need to be handled in a timely manner. Chair Black reiterated that the draft flow chart will be prepared as discussed for the TAC's review and also that the Commission would like the TAC's input on the flow chart and information on whether there are any additional costs to the Commission for doing those tasks and if so then what the costs are. E. Bassett Creek Restoration Project: Wisconsin Avenue to Crystal Border(2011 CR).Ms. Chandler provided a summary of the project and its funding.She said this project is coming in front of the Commission because the approach of the project as described in the feasibility study,which was approved by the Commission, was strongly bioengineering.Ms. Chandler said that the plans and specs for the project show more riprap than the approach in the feasibility report due to City concerns about easements for maintenance,access to sites,ability for plantings to establish in certain shady areas,and landowner objection to certain bioengineering approaches.Ms.Chandler said that technically the engineering solutions will work,they will just look different than approaches described in the feasibility report. She said this project update is in front of the Commission because the project does look different than how it was presented in the feasibility report and so the Commission Engineer wanted to communicate the differences to the Commission.Ms. Chandler said that the Commission Engineer does have some minor recommended changes. Jeff Oliver of the City of Golden Valley commented that the project is adding to the bioengineering approach with solutions that make the project more durable and longer lasting,as well as cause less impact such as less grading.Mr.Oliver and Pete Willenbring presented information to the Commissian about the plans and specs of the project and details as to why the project has been designed as submitted to the Commission.The Commission discussed the feasibility report and asked questions about the project. Commissioner Welch moved to communicate to the City of Golden Valley the three recommendations as listed in the March 7"'Engineer Memo along with a fourth recommendation that vegetation and 7 BCWMC March 15, 2012, Meeting Minutes bioengineering solutions should be added to the project where appropriate and feasible.Commissioner Elder seconded the motion.The motion carried with six votes in favor[City of Medicine Lake opposed the motion. Cities of Minnetonka and Robbinsdale absent from vote]. F. Next Generation Watershed Management Plan.The Commission decided there wasn't time to discuss this issue today and decided to schedule a meeting for the Commission to address this issue prior to the Commission's April meeting.The Commission directed Ms.Herbert to coordinate the meeting of the Commission. 7.COMMUNICATI�NS Chairt 1. Chair Black said that she has the Capstone project mentioned at last month's meeting and would have Ms.Herbert distribute it. 2. Chair Black said that the Plymouth City Attorney put together information for members of the City's Boards and Commissions and it would be helpful information for the BCWMC members as well. She said that she would have Ms.Herbert distribute it. 3, Chair Black asked for the Commission's consent to have the Vice Chair sign on the Commission's behalf the BCWMC agreement with the City of Plymouth that the Commission approved earlier in the meeting.The Commission indicated consent. Commissioners: 1. Commissioner Hoshal updated the Commission on CAMP volunteers for Medicine Lake and noted that he did not find a volunteer for Hidden Lake.Mr.Asche said that he found a CAMP volunteer for Parkers Lake. 2. Commissioner Hoshal updated the Commission about details about the pressure transducer in Medicine Lake. 3. Commissioner Hoshal informed the Commission that the BCWMC Education display is now being stored at the New Hope public works building instead of at City of Crystal storage facilities. 4. Commissioner Hoshal reminded the Commission that its display will be at the upcoming Plymouth Environmental Quality Fair and the Plymouth Yard and Garden Expo and asked for interested volunteers to contact him. 5. Commissioner Hoschka reparted that the draft fiscal year 2011 audit has been prepared and the final will be ready for the Commission in April. 6. Commissioner Hoschka asked that at its April meeting the Commission consider being a presence in this year's Golden Valley Days. 7. Commissioner Hoshal asked about a project review on a private residence in Medicine Lake at 228 Peninsula Road.Ms. Chandler said that she would follow up on it. Committees: � 1. Commissioner Welch reported that Doug Snyder,Director/Executive Administrator of the Mississippi Watershed Management Organization would be attending the BCWMC's April meeting. 8 BCWMC March 15, 2012, Meeting Minutes Counsel Communications: No Counsel Communications. Engineer Communications: No Engineer Communications. 9.ADJOURNMENT The meeting adjourned at 2:25 p.m. Chair Date Amy Herbert,Recorder Date Secretary Date 9 �� Plannin De artment � r 763-593-8095/763-593-8109(fax} . �. .. _, .. ,� _wm�. .. , �� ' �� Executive Summary For Action Golden Valley City Council Meeting May 15, 2012 Agenda Item 3. E. Approval of Plat and Authorization to Sign Subdivision Development Agreement - Meadow Lane Woods Addition Prepared By Joe Hogeboom, City Planner Summary At the April 2, 2012 City Council meeting,the Council held a public hearing on the preliminary plat for the minor subdivisian of Meadow Woods Addition (15 Meadow Lane North). (The plat has been renamed "Meadow lane Woods to avoid confusion with another "Meadow Woods" development in Hennepin County). After the hearing, the Council approved the preliminary plat. The final plat of Meadaw Lane Waods Addition has now been prepared by the Golden Valley Land Company. City staff has reviewed the final plat and finds it consistent with the approved preliminary plat and the requirements of City Code. The develaper has proposed to divide one lot into four lots for the construction of three new homes. The existing home would remain on the newly created Lot 1. Attachments • Resolution for Approval of Plat- Meadow Lane Woods Addition (1 page) � Subdivision Development Agreement- Meadow Lane Woods (6 pages) • Final Plat of Meadow Lane Woods Additian (1 page) Recommended Action Motion to adopt Resolutian for Approval of Plat- Meadow Lane Woods Addition. Motion to authorize the Mayor and City Manager sign the Subdivision Development Agreement with Golden Valley Land Company for Meadow Lane Woads Addition. Resolution 12-38 May 15, 2012 Member introduced the following resolution and moved its adoption: RESOLUTION FOR APPROVAL OF PLAT - MEADOW LANE WOODS ADDITIQN 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 Meadow Lane Woods Addition covering the following described tracts of land: That part lying West of the East 30 feet, Lot D, MASSOLT GARDENS: ALSO, the East Half of adjacent vacated Indiana Avenue North lying between the Westerly extension of the North and South lines of said Lat D. WHEREAS, all persons present were given the oppartunity to be heard; NOW, THEREFORE, BE IT RESOLVED, by the Gity Council for the City of Golden Valley, that said proposed plaf be, and the same hereby is, accepted and approved, and the proper officers af the City are hereby authorized and instructed to sign the original of said plafi and to do all other things necessary and proper in the premises. Shepard M. Harris, 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 his signature attested by the City Clerk. SUBDIVISION DEVELOPMENT AGREEMENT Meadow Lane Woods AGREEMENT dated this 15th day of May, 2Q12, by and between the City of Golden Valley, a Minnesota municipal corporation (the "City"j, and Golden Valley Land Company (the "Developer"). - 1. Re uest. The Developer has asked the City to approve the subdivision of land and a plat of land to be known as Meadow Lane Woods, 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.The City has appraved the subdivision and the plat on the following conditions: a. Conformance to, and inclusion of, all provisions of the Final Plans for Meadow Lane Woods dated April 19, 2012, prepared by Terra Engineering Inc. b. Compliance with the recommendations of the City Engineer concerning design and installation of public infrastructure including grading, storm drainage, erosion control, and utilities as outlined in his March 8, 2012 memorandum. c. Execution of this Subdivision Development Agreement. d. Payment of all applicable fees including a $7,475 Deferred Special Assessment, a Park Dedication fee of$4,885.90, a $6,676 fee to establish a native vegetation buffer, a $12,375 cash security for storm sewer improvements, and other fees identified in the current fee schedule. e. The grant to the City of any easements necessary to accommodate drainage, panding, streets and utilities. f. Marketable title in the Developer; if the City attorney determines a title review is necessary before final plat approval, developer shall pay the City for the costs thereof. g. Rernoval of existing garage. h. 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 (2j 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 approved plans, original copies of which are on file with the City Department of Public Works. If the plans vary from the written terms of this Agreement, the written terms hereof shall control. 1 5. Installation bY Developer. The Developer shall install or cause to be instailed and pay for the following, hereinafter referred to as the "Developer Improvements" 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 per dwelling prior to building occupancy e. Installation of driveway aprons f. Establishment of a native vegetation buffer around the wetland g. Construction of storm sewer facilities meeting City Standards to serve the development h. Other items as necessary to complete the development as stipulated herein or in other agreements 6. Gradin�, Draina�e/Site Grading/Erosion Control and Clean up. The grading, erosion control and landscaping shall all be made in accordance with City approved plans. Site grading for each lot shall be campleted by the Developer, or its assigns, 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. 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. Tree Preservation Permit. The Developer, or its assigns, shall obtain a tree preservation permit for each lot. 8. 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 and site development including home construction. 9. Assessment for Public Works Costs. a. The Developer shall obtain the appropriate permits for and install sewer and water services to said Lots 1, 2, 3 and 4 and driveway aprons for said Lots 1, 3, and 4 as determined by the City Engineer. The Developer is required to obtain necessary Right of Way (ROW) permits and utility permits, including permits from Hennepin County and other permit authorities. b. The Developer shall obtain the appropriate permits for and install storm sewer facilities to serve the development. Storm sewer facilities shall meet City standards and specifications. A cash security in the amount of 150%af the estimated cost for the improvements (calculated at $12,375) shall be submitted as a guarantee that the work will be completed in a timely manner and according to the appraved plans. c. The Developer shall be responsible for payment of$6,676 to establish a native vegetation buffer around the wetland on the property. Establishment includes creation of the buffer and maintenance for the first three growing seasons. The City will complete the work under separate contract. 2 d. The Developer shall hold the City and its officers and employees harmiess from claims made by itself and third parties for damages sustained or costs incurred resulting from plat ar subdivision approval and development of the Subject Property. The Developer shall indemnify the City and its officers and employees for all costs, damages or expenses which the City may pay or incur in consequence of such claims, including attorney's fees. 10. Park Dedication.The Developer agrees to pay a park dedication fee in the amount of $4,885.9Q at the time of execution of any plat by the City. (This amount has been paid in full.) 11. Propertv Fees, Char�es and Assessments. The Developer understands that builders on all or any part of the subject property will be required to pay all 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 it 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 additian to its other remedies, levy the cost in whole or in part as a specia) 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. Miscellaneaus. 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 ardinances 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 constructian or development work on the Subject Property unti! 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. 3 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. f. 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 ar 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 #orth or otherwise so existin �g 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 develaper variances far this subdivision. 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: Golden Valley Land Company Matthew Pavek 6001 Glenwood Avenue Golden Valley, 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 4 IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year first above written. CITY OF GOLDEN VALLEY By: Shepard M. Harris, Mayor By: Thomas D. Burt, City Manager DEVELOPER By: Its STATE OF MINNESQTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this_day of_ , 2012, by Shepard M. Harris, 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 20 , by Matthew Pavek, , on behalf af the said Golden Valley Land Company. Notary Public 5 ATTACHMENT 1 Meadow Lane Woods, Hennepin County, Minnesota. V J � I � w J � I � w � Z cn w � = ip� w�o W ( � � �OwZ � _ _ _._ ^ � — — — — -- — — — — — J Q I cn�z� � — — — — — — — — — — — — I w=�� /�( ( /\�\Al � � ri�� r7 F- I '�� p (A . M IVICi��l vv L_�� Ci Z Z��J � � � W JOL �Z�Z f� I/\I�'1'�\ � . ! 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N � - o � xm` u x n 5„ c� m'° u r�e m _=a G u r.- `o _� «t�nA o Gu rm` � i= �« u m r - ao' > 3 u _ � �L�b� �� §i�i ✓ s,l Planning Departnn�ent 763-593-8095/763-593-8109(fax) �..,�..� ��h��,�' �� ..��:��u�s��,�4:: :�� a��n��.. . �,t:�� n��- �. �� . _ � ._ .....,...... Executive Summary For Action Golden Valley City Council Meeting May 15, 2012 Agenda Item 3. F. Authorization to Sign Amended PUD Permit- PUD #88 - Breck Addition -Amendment#1 - 123 Qttawa Avenue North Prepared By Mark W. Grimes, Director of Ptanning and Development Summary At the May 1, 2012 City Council meeting, a public hearing was held for the consideration of the ordinance approving the Final Plan of Development for Breck Addition, PUD #88, Amendment#1. The PUD Amendment allows for the demolition and re-building of the Upper School. Attachments • Underlined/Overstruck PUD Permit for Breck Addition, PUD 88, Amendment#1 (6 pages) Recommended Action Motion to authorize the Mayor and City Manager to sign the Amended PUD Permit for PUD#88, Breck Addition, Amendment#1. Breck Addition P.U.D. No. 88 City Council Approval: April 4, 2000 City Council Approval Amendment #1: May 1, 2012 City of Golden Valley, Minnesota Use Permit for Planned Unit Development Project Name: Breck Addition P.U.D. No. 88 Location: 123 Ottawa Avenue North, Golden Valley, Minnesota Legal Description: Lot 1, Block 1, BreckAddition P.U.D. #88 , AI�r4h ��nno 7�1 \A/cc.4 nf 4hc /1� � � r i r • � i • � t r � min��4c�+ r.A en�nrl \A/c 4• 4her�no AI�rFh 70 rlcnrec� 4Q min��4cc� 'I 4 > > f t r • t . � � • � t f � � or��4h RL'. r�lc�recc� Q7 mini i4c� 7S2 cennnrl� \A/oc+ 1�R �fl foc+•�+he.,'.o �+ i n.� „,,.,,,,.,a r • i . 'dv��uiTr�4 Q�T�. .��L��YHYqt� �� +°nr�nrlc �.,�+ �n nn fee�� honnc r t • r i f f i • f f t • t r i f • � � . mir��4cc� 7Q c.onr�nrlc� \A/o�i 7l17 �R foc4• +honno Cna�+h 7A rlcnrcec� 77 � • , + , r • r f t • i � � i f f � . 1 l � i - � • • • � � • i i � . � � � _ . . i � �� _i �1 � � !� �� • � • � �! � �� i •• � �• i �i \. i � • � � - i� � • • � ��• • � � � � 1 • � _• �i � � �� • � � •� 1 � • • � � �• � � 1 � i � •• • � �. � � I �. �. � � � � • �� _� �• �' � Breck Addition P.U.D. No. 88 Page 3 . ; � , Applicant: Breck School Address: 123 Ottawa Avenue North, Golden Valley, Minnesota Owner: Breck School Address: 123 Ottawa Avenue North, Golden Valley, Minnesota Zoning District: I-1 (Institutional) Permitted Uses: Private School — Grades Kindergarten through Grade 12, for up to 1200 students including school and administrative buildings, parking, chapel, field house, outdoor athletic fields and other accessory uses as indicated on the approved site plans. Amendment #1 allows the replacement of a portion of the existing two-storv buildinq (the upper school�with a new four- story buildin�. Components: A. �and Use 1. The General Plan of Development PUD submittal packet dated February 14, 2000 and prepared by the Cunningham Group becomes a part of this permit. This packet includes a site plan, utility plan, tree inventory, preliminary plat, topographic survey, floor plans, building plans, landscape plan and tree preservation plan. 2. The Plans submitted for Amendment#1, prepared by Holabird & Root, dated December 8, 2011 shall become part of this permit. These plans include a site plan, building elevations, building sections, floor plans, roof plans, classroom renovation plan, green roof and qround coverage diaqrams and foundation Ip ans. 3. Permitted uses shatl include school for grades Kindergarten through Grade 12 with no more than 1200 students and other related school activities. 4. °r.�;d��s�School buses and fuel tanks � shall not be stored on the campus. Breck Addition P.U.D. No. 88 Page 4 B. Construction 1. The memos from Deputy Fire Marshal Ed Anderson to Director of Pianning and Development Mark Grimes, dated January 4, 2000 and March 14, 2012, shali become a part of this permit. 2. The memo from Building Official Gary Johnson to Director of Planning and Development Mark Grimes, dated February 29, 2000, shall become a part of this permit. 3. The memo from Public Works Specialist Eric Eckman to Director of Planninq and Development Mark Grimes, dated April 3, 2012 shall become a part of this ermit. 4. The Construction Traffic Plan, submitted by Breck, dated April 4, 2012 shall become a part of this permit. 5. The Construction Communication Plan, submitted by Breck, dated April 4, 2012 shall become a�art of the permit. 6. Construction times for the proposed addition associated with Amendment #1 shall be Monday throuqh Saturday, 7 am to 7 pm. In the event of an emerqenc}�,. the Director of Public Works, or her desic�nee, may authorize additional construction time. 7. All siqns on the property must meet the requirements of the City's sign code. C. Grading, Utilities, Access and Other Engineerin� Issues 1. The memo from City Engineer Jeff Oliver, PE, to Director of Planning and Development Mark Grimes, dated March 1, 2000, and the recommendations contained therein, shall become a part of this permit. Prior to any building permits being issued for construction on the campus, a CLOMR letter from FEMA must be issued that permits construction of the field house at or below the current plans for the field house. 2. Breck and the Golden Valley Public Safety Department will work together to determine the need for traffic control in Breck's morning and afternoon peak hours. 3. Breck and the Golden Valley Public Safety Department will work together to monitor the use of the access to Natchez Avenue at the northeast corner of the campus in order to maintain safety for the school and neighborhood. 4. Breck will enter into a pond maintenance agreement for the three ponds that are on the campus. This agreement is attached to this permit. Breck Addition P.U.D. No. 88 Page 5 5. As indicated in the attached Oliver memo, Breck wiA dedicate conservation easements to the City of Golden Valley prior to approval of the final plat by the City Council. These easements will cover existing wetlands, the wetland mitigation areas and the buffer strips surrounding the wetlands as shown on approved plans attached to the PUD permit. 6. The construction on the Breck campus is subject to the approved Tree Preservation Plan and Grading and Erosion Control Plan. These plans were approved by City staff in March, 2000. 7. Breck shall work with the City to implement the recommendations of the City's Traffic Safety Committee to improve traffic_flow and safety for the 2012-2013 school year. 8. The City's Traffic Safety Committee shall consider options for usin Lq ilac Drive. 9. A Traffic Demand Management Plan and Parking Study shall be required for any future enrollment increase above 1200 students. D. Subdivision 1. The final plat of Br�ck Addition P.U.D. No. 88 must be approved by the City Council and Hennepin County prior to the issuance of a "Certificate of Occupancy" for the field house. Building permits will be issued for the field house and other construction prior to the approval of the final plat. 2. Proof of filing of the plat shall take the form af a certified copy of the fully recorded plat, or a receipt from the County specifically noting that the applicant has paid for such a copy to be sent to the City when it becomes available. 3. The name of the finai plat shall include "P.U.D. No. 88". Breck Addition P.U.D. No. 88 Page 6 It is hereby understood and agreed that this P.U.D. Permit is a part of the City Council approvals granted on April 4, 2000 and Mav 1, 2012. Any changes to the PUD Permit for the Breck Addition P.U.D. No. 88 shall require an amendment. BRECK SCHOOL Witness: By: Title: Date: CITY OF GOLDEN VALLEY Witness; By: Shepard M. Harris, Mayor Date: Witness: By: Thomas D. Burt, City Manager Date: Warning: This permit is subject to all other state, federal, and local ordinances, regulations, or laws with authority over this development. �;Z�� U� ,� Fire Department 763-593-8079/763-593-8Q98(fax) Executive Summary Far Action Golden Valley City Council Meeting May 15, 2012 Agenda Item 3. G. Authorization to Extend Fire Relief Association Street Dance Hours Prepared By Mark Kuhnly, Chief of Fire & Inspectians Summary The Golden Valley Fire Relief Assaciation is requesting permissian to extend the street dance hours until midnight an Saturday, June 23, 2012. The rain date for the firewarks is June 24, 2012 at 10 pm. The street dance and fireworks will be held at the Chester Bird American Legion, 200 North Lilac Drive. Recommended Action Motion to approve the extension of hours for the Golden Valley Fire Relief Association Street Dance to midnight on Saturday, June 23, 2012, with a fireworks rain date of Sunday, June 24, 2012, at 10 pm at the Chester Bird American Legion, 200 Narth Lilac Drive. �d��' C)� Finance Department , 763-593-8013/763-593-8109(fax) �_. � � ` .. _: � �.��.�,,�� , �� ;.=._. ��'6��' '��,z��.�._.,. .. :��` "., "' Executive Summary For Action Golden Valley City Council Meeting May 15, 2012 Agenda Item 3. H. Receipt of April 2012 Financial Reports Prepared By Sue Virnig, Finance Director Summary The monthly financial report provides a progress report of the following funds: General Fund Operations Conservation/Recycling Fund (Enterprise Fund) Water and Sewer Utility Fund (Enterprise Fund) Brookview Golf Course (Enterprise Fund) Storm Utility Fund (Enterprise Fund) Genera) Fund Operations: As of April 2012,the City is using$3,209,607 of fund balance to balance the General Fund Budget. Attachments • April 2012 General Fund Financial Reports - unaudited (2 pages) • April 2012 Conservatian/Recycling Fund Financial Report - unaudited (1 page) • April 2012 Water and Sewer Utility Fund Financial Report - unaudited (1 page) • April 2012 Brookview Golf Course Fund Financial Report - unaudited (1 page) • April 2012 Storm Utility Fund Financial Report- unaudited (1 page) Recommended Action Motion to receive and file the April 2012 Financial Reports. City of Golden Valiey Monthly Budget Report-General Fund Revenues April, 2012 (unaudited) Percentage Of Year Completed 25.00% Over % 2012 April YTD (Under) of Budget Type Budget Aetual Actual Bud�et Received Ad Valorem Taxes $11,702,050 9,580 9,580 ($11,692,470) 0.08% (4) Licenses 173,800 42,200 84,103 ($89,697) 48.39% Permits 628,070 941,630 288,359 ($339,711) 45.91% Federal Grants 0 5,761 5,761 $5,761 State Aid 10,500 0 0 ($10,500) O.OQ% (4) Hennepin Cvunty Aid Q 0 0 $0 Charges For Services: General Government 43,550 9,426 10,412 ($33,138) 23.91% Public Safety 181,745 13,885 55,892 ($125,853) 30.75% Public Works 125,000 10,877 40,732 ($84,268) 32.59°/a Park & Rec 395,350 41,786 148,797 ($24E,553) 37.64°/a Other Funds 1,OQ1,50Q 1,791 10,374 ($991,126) 1.04% Fines & Forfeitures 260,000 33,037 96,466 ($163,534) 37,1Q% (2) Interest On Investments 110,000 0 0 ($110,000) 0.00% (3) Miscellaneous Revenue 182,700 1,537 15,735 ($166,965) 8.61% Transfers In 86,810 0 0 ($86,810) 0.00% TOTAL Revenue $14,901,075 $311,510 $766,211 ($14,134,864) 5.14% Notes: (1) The first half taxes will be received in July. 1 st payment from Humane Society. (2) Fines and Forfeitures is through March. (3) Investments will be booked at year end. (4} State Training will be received in August. April, 2012 (unaudited) Over % 2012 April YTD (Under) Of Budget Division Budget Actual Actual Budget Expend. Council $287,755 32,917 117,678 {$17Q,Q77) 40.90% City Manager 697,925 52,088 199,$74 (498,051) 28.64% Admin. Services 1,572,160 100,142 414,421 (1,157,739) 26.36% Legal 120,000 7,396 32,812 (87,18$) 27.34% (2) General Gov't. Bldgs. 570,855 40,517 140,160 (430,695) 24.55% Planning 317,035 24,471 93,509 (223,526) 29.49% Police 4,701,500 352,700 1,413,401 (3,288,099) 30.Q6% Fire and Inspections 1,554,480 129,284 482,465 (1,072,015) 31.04% Public Works Admin. 315,365 22,161 94,622 (220,743) 30.00% Engineering 663,425 27,926 83,649 (579,776) 12.61% Streets 1,386,530 64,584 344,654 (1,041,876) 24.86% Community Center 75,355 4,563 18,170 (57,185) 24.11°/a Park & Rec. Admin. 646,275 46,599 188,534 (457,741) 29.17% Park Maintenance 996,780 72,80Q 260,574 (736,206) 26.14% Recreation Programs 410,925 20,868 64,493 (346,432) 15.69°/Q Risk Management 290,OOQ 23,234 26,802 (263,198) 9.24°/a Transfers Out 294,710 0 0 (294,710) O.QO% (1) TOTAL Expenditures $14,901,075 $1,022,250 $3,975,818 ($10,925,257�26.68% (1) Transfers are made in June. (2) Legal fees are through March. City of Golden Valley Monthly Budget Report-Conservation/Recycling Enterprise Fund April, 2012 (unaudited) Over 2012 April YTD (Under) % Budget Actual Actual Budget Current Revenue Hennepin County Recycling Grant 51,425 0 0 (51,425) 0.00% Recycling Charges 276,000 24,295 69,083 (206,917) 25.03% (3) Miscellaneous Revenues 0 217 217 217 Interest on Investments 5,000 0 0 (5,000) 0.00% (1) Total Revenue 332,425 24,5Z2 69,300 (263,125) 20.85% Expenses: Recycling 453,605 11,410 39,379 (414,226) 8.68% (2) Total Expenses 453,605 11,410 39,379 (414,226) 8.68% (1) Interest Earnings are allocated at year-end. (2) This includes through March services as of YTD. City of Golden Valley Monthiy Budget Report-Water and Sewer Utility Enterprise Fund April, 2012 (unaudited) Over 2012 April YTD (Under) % Budget Actual Actual Budget Current Revenue Water Charges 4,022,955 262,742 782,147 (3,240,808) 19.44% Sewer Charges 3,236,245 289,609 842,922 (2,393,323) 26.05% MeterSales 5,000 54 54 (4,946) 1.08% MCES Grant Program 0 0 0 0 Penalties 120,000 12,157 35,494 (84,506) 29.58% Charges for Other Services 220,000 8,057 17,416 (202,584) 7.92% State Water Testing Fee Pass Through 43,000 4,082 11,630 (31,370) 27.05% Certificate of Compliance 60,000 5,000 20,400 (39,600) 34.00% Interest Earnings 65,000 0 0 (65,000) OAO% Total Revenue 7,772,200 581,701 1,710,063 (6,062,137) 22.00% Expenses: Utility Administration 1,913,620 15,566 210,970 (1,702,650) 11.02% Sewer Maintenance 2,441,390 218,877 935,908 (1,505,482) 38.34% Water Maintenance 4,098,800 234,913 1,146,783 (2,952,017) 27.98% Tota► Expenses 8,453,810 469,356 2,293,661 (6,160,149) 27.13% City of Golden Valley Monthly Budget Report- Brookview Golf Course Enterprise Fund (3) April,2012 (unaudited) Over 2012 April YTD (Under) % Budget Actual Actual Budget Current Revenue Fees and Lessons 879,10Q 84,462 127,799 (751,301) 14,54% Driving Range Fees 107,700 15,684 23,372 (84,328� 21.70% Par 3 Fees 195,150 11,597 18,448 (176,7Q2) 9.45% Pro Shop Sales 82,000 9,485 14,197 (67,803) 17.31% Pro Shop Rentals 235,200 19,53� 29,085 (206,115) 12.37% Concession Sales 218,200 19,618 27,123 (191,077) 12.43% Other Revenue 69,000 13,456 53,957 (15,043) 78.20% Interest Earnings 15,000 0 0 (15,000) 0.00% (1) Less:Credit Card Charges/Sales Tax (38,000) (286) (358) 37,642 0.94% (4) Total Revenue 1,763,350 173,555 293,623 (1,469,727) 16.65% Expenses: Golf Qperations 649,565 35,861 107,041 (542,524) 16.48°/'4 (2) Course Maintenance 721,620 51,808 157,960 (563,660) 21.89% Pro Shop 111,600 14,366 50,987 (60,613) 45.69% Grill 176,190 13,616 34,932 (141,258) 19.83°fo Driving Range 44,320 4,558 6,043 (38,277) 13.63% Par 3 Course 29,730 2,180 2,438 (27,292) 8.20% Total Expenses 1,733,025 122,389 359,401 (1,373,624) 20.74% (1) Interest Earnings are allocated at year-end. (2) Depreciation is allocated at year-end. (3) Course opened on March 16. (4) Credit card fees are through March. City of Golden Valley Monthly Budget Report-Storm Utility Enterprise Fund April, 2012 (unaudited) Over 2012 April YTD (Under) % Budget Actual Actual Budget Current Revenue Interest Earnings 40,000 0 0 (40,000) 0.00% (1) Storm Sewer Charges 2,228,920 197,735 699,947 (1,528,973) 31.40% Bassett Creek Watershed 1,080,200 0 0 (1,080,20�) 0.00% State Grant-Other 0 (250) 13,267 13,267 Total Revenue 3,349,120 197,485 713,214 (2,635,906) 21.30% Expenses: Storm Utility 2,777,630 51,168 191,249 (2,586,381) 6.89°fo (2) Street Cleaning 121,780 30,051 58,428 (63,352) 47.98°/p Enviranmental Cantr4l 240,050 29,839 59,925 (180,125) 24.96°fo Debt Service Payments 435,1Z5 0 372,976 (62,149) 85.72% Total Expenses 3,574,585 111,058 682,578 (2,892,007) 19.10% (1) Interest Earnings are allocated at year-end. (2) Depreciation is allocated at year-end and 2011 PMP is not complete, �l�� 7� Public Works Department 763-593-8030/763-593-3988(fax} �� ,�� . -_�.. rr��.: �. Executive Summary For Action Golden Valley City Council Meeting May 15, 2012 Agenda Item 3. 1. Memorial Dedication for Edward (Ed) Silberman Prepared By Jeannine Clancy, Director of Public Works Pat Schutrop, Administrative Assistant Summary At the March 20, 2012 City Council meeting, staff was directed to contact the Ed Silberman family to inform them that the City and the Bassett Creek Watershed Management Commission (BCWMC) wish to honor their father with a tribute and ceremony commemorating years of dedicated service to the City of Golden Valley and the BCWMC. The ceremony is scheduled for Thursday, July 19, at 2:30 pm at Schaper Park. Staff recommends adopting the resolution commemorating Edward Silberman for dedicated service to the City of Golden Valley and the Bassett Creek Watershed Management Commission. Attachments • Resolution Commemorating Edward Silberman for Dedicated Service to the City of Golden Valley and the Bassett Creek Watershed Management Commission (1 page) Recommended Action Motion to adopt Resolution Commemorating Edward Silberman for Dedicated Service to the City of Golden Valley and the Bassett Creek Watershed Management Commission. Resolution 12-39 May 15, 2012 Member introduced the following resolution and moved its adaption: RESOLUTION COMMEMORATING EDWARD SILBERMAN FOR DEDICATED SERVICE TO THE CITY OF GOLDEN VALLEY AND THE BASSETT CREEK WATERSHED MANAGEMENT COMMISSION WHEREAS, the City of Golden Valley and the Bassett Creek Watershed Management Commission (BCWMC) wish to commemarate Ed Silberman, who was a long-time resident and former BCWMC commissioner representing Golden Valley by having a memorial dedication ceremony in his honor on Thursday, July 19, 2Q12; and WHEREAS, Ed Silberman served as the BCWMC representative of the City of Golden Valley as Alternate Commissioner from 1973 to 1974, Commissioner from 1974 to 2000, and Treasurer from 1975 to 2000; and WHEREAS, Ed Silberman diligently carried out the duties of his affices, leading the BCWMC by example of his tireless, energetic, dedicated, and selfless service, as well as his integrity, humor, fairness and sound judgment; and WHEREAS, in the 26 years of Ed Silberman's serviee, the BCWMC implemented the construction of significant public works projects, assisted its member cities in regulating development to assure sound management of surface waters of the watershed, developed and reviewed plans for surface water management, and became a model of such organizatians in the State of Minnesota; and WHEREAS, Ed Silberman passed away on July 5, 2011, at the age of 97. NOW, THEREFORE, BE IT RESOLVED by the Golden Valley City Council, that: 1. The City recognizes Ed Silberman's dedication and diligent work for the City and the BCWMG in the highest tradition of public service, and in particular for the conscientious and meticulous performance of his duties as the BCWMC's Treasurer. 2. On behalf af itself and the public it serves, the City extends its sincere thanks and appreciation to Ed Silberman for his significant contributions to the environment, public safety, and quality of life in the watershed by dedicating two memorial plaques and a bench an the Regional Trail in Schaper Park on July 19, 2012. BE IT FURTHER RESOLVED by the Golden Valley City Council that July 19, 2012 is hereby proclaimed Edward Silberman Day in Golden Valley. Shepard M. Harris, Mayor ATTEST: Susan M. Virnig, City Clerk The mation 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 his signature attested by the City Cterk. Ct��1 C�� , Public Warks Dep►artment 763-593-803fl/763-593-3988{fax) ,�. ° ��;� �� :;�� .. . ��:�� Executive Summary For Action Golden Valley City Council Meeting May 15, 2012 Agenda Item 3. J. Authorize Contract with Environmental Process, Inc. (EPI) for Professional Services for the 2012 Park Shelter Maintenance Projects Prepared By Jeannine Clancy, Director of Public Works AI Lundstrom, Park Maintenance Supervisor Summary The 2012-2016 Capital Improvement Program (CIP) includes funding for the following park and building envelope maintenance projects: 1. Building Repairs and Maintenance in the amount of$125,000 (Buildings CIP, B-025, page 53). 2. Park Shelter building improvements in the amount of$25,000 (Parks CIP, P-005, page 62). Maintenance will include the following: 1. Replacement of the lions Park Shelter roof. Work will include eliminating the flat roofs and installing a full hip metal roof in addition to installing an insulated window in the existing raised skylight. 2. Replacement of the Schaper Park Shelter siding with a brick veneer to match the existing park shelters throughout the park system. A professional services agreement from EPI is attached for Council consideration to provide professional services for design and construction observation for all of the above listed projects in an amount not to exceed $27,500. Attachments • Professional Services Agreement fram EPI for Architectural, Engineering, and Environmental Services, dated April 24, 2012 (17 pages) Recommended Action Motion to authorize entering into an agreement for professional services with EPI for the 2012 Park Shelter and Building Maintenance Projects at a cost not to exceed $27,500. Enviranmental P�rocess,Inc. � 71S Florida Avenue South,Suite 111,Gaiden Valley,MN SS426-1704 � � Phone:763-398-304Q•Fax:763-39$-012.1 �email:epi�txpls@rc:c�nnect.com•www.gn-epi.com Apri124,2012 Mr.A1 Lundstrom Park ShelCer Supervisor City of Golden Va12ey ?8Q0 Golden Valley Road Golden Valley,MN SS427 Re: City af Galden Valley—2012 Scope of Work C-�and C-S Lion's Park Shelter—2012 Rcjof Replacement Project: EPI File No.20l 2-329 Schaper Park Shelter-2012 Brick Veneer Project: EPI File No.2012-330 Proposal for Architectural,Engineering,and Bnvironmental Services Dear Mr.Lundsaom: 1A INTRODUCTION Thank yau far this opportunity for Environmental Process, Ina (EP� to submit our proposal ta provids Architectural, Engineering, and Bnvironmental services for th$ Roof Replacement Project at the City of Golden Valley Lion's Park Shelter located at 151 Louisiana Avenue Narth, Golden Valley, Minnesota 55427. We are familiar with the Laan's Park Shelter building as we were the Architect and Bngineer of Recard far previous projects and also prepareci tha Roaf Replacement Feasibility Repart dated March 2Q, 2012 for Lion's Park Shelter. Thank you far this opportunity far Environmental Pracess, Inc. (EPT) ta submit our proposal to pmvide Architec:tural and Engineering services for the Brick Veneer Froject at the City af Golden Va11ey Schaper Fark Sheiter located at 631 Ottawa Avenue Narth, Golden Valley, Minnesota 55422. We are familiar with the Schaper Park Shelter building as we were the Architect and Engineer of Record far previqus projects and also prept�red [he Brick Veneer Peasibitity Report dated March 20, 2Q12 far Schaper Pazk Shelter. 2.0 S(:QPE OF WORK 2.1 Lion's Park Shelter—2012 Roof Renlacernen�Proiect fC-4) We understand the intent af this project is to provide Architectural, Engineering, and Enviranmental Services for tha Roof Replacement Project. The Roaf Replacement Project includes replacement of the four(4)exisdng f'!at roof areas wiih a hip roof, addition of a soffit at the new hip roof areas, removal of the existing sloped metal roofing,installation of new sloped matal roafmg at all roaf areas(includes new nail base ropf insulatian and self-adhered underlayment,replacernent of the existing cedar lap siding with new steel siding at the apper wall are,as, and replacement of the clerestory window. This proposal is based on the preliminary schematic design as in the Feasibility Report dated March 20,2022. A. Phase 1 - Sehematic Design,Feasibility, and Constrnction Cost Estirnate was campleted on March 20,2012. B. Phase 2A—Asbestos Survey is as follaws: l. Coordination of roof test cuts and patching with Roofing Contractor for roofing materials susp�t limited asbestos survey. Raofing Cantractor fees to be billed directly to Owner, at cost of NTE rate. CiCy af Galden Valley Lion's Park Shelter—2012 Rvof Replacement Project April 19,2Q 12 Page 2 2. Raofing materials suspect asbestos survey (collection and analysis of samples). We anticipate collectian and ana]ysis of approximateiy 30-36 samples. C. The scvpe of work for Phase 2B -Canstruction Documents is as failows: 1. Preparation of registered ArchitecturaUEngineering plans and specifications (contract documents) for the purpose of obtaining public {open) bids for the Liaa's Park Shelter Roof Replacement Project as described abave. D. The scope of work for Fhase 3 • Construction Project Management !Quality Control is as follaws: ]. Prep�ue bid advertisement,submit to Owner Por publication. 2. I7istriburian af plans and specifications to Bidders shali be done by Owper. 3. Pre-bid conference meeting with minutes. 4. Review Contractor questions,clarify work scope,Addendums,etc.during bidding. 5. Bid reviaw and recammendation, 6. Review Contractor Cantract, Insurance, Bands far Owner / Contractor Agreernent, (Frepared by Owner). 7. Pre-construction conference meeting with minutes. 8. Shop drawing and subznittal review {shop drawings, schedule, payment schedule af values,samples,ete.). 9. Site abservations during consCruction on a regular basis (as needed) during construction. An Architects' Field Repvrt will be prepared for each site observation. Six (6) si.te observations and ArchitecCs' Field Reports are included. Additianal site observations and field reports during canstruction will be extra @ $300.0(3 per visit. I0. Contractor payment request and liep waiver verification reviews. 11. Contractvr/Owner change order requests and execution. 12. Final punch list site observatio❑ with documentatian, preparation of substantial campletion document, and one (1) follow up punch list site �bservation reviaw. Add3tional site punch 19st abservations and reparts will be extra @ $200.(�per visit. 13. Collect and assemble contractor closeout docuznents, Lien Waivers, IC-134, and contractor as-built plan submittal to Owner. 2.2 Schan�er Park Shelter—2012 Brick Veneer Praiect fC-S) Wa understaz►d th�intent of this project is to provide Axchitectural and P.ngineering Services for the Brick Veneer PrUject. The Brick Veneer Project includes replacement af the existing wood siding with a brick City of Golden Valley Lion's Park Shelter—2012 Roof Replacernent Project April 19,2012 Page 3 veneer. The existing building daes not have a brick ledge, therefare a brick ledge wa11 be required ta be installed from the top of Khe a�cisting foc�ting up to just below grade. The brick veneer will be installed on top of the brick ledge just below grade up to the exist'sng soffik, with ttu-ough wall flashing and weeps located slightly above grade. Some of the existing electric panels will be relocated to tha exterior af the new brick veneer and in other cases the brick veneer will be iastalled around the existing electrical panels. TYus proposal is based on the preliminary schematic design as in the Feasibility Report dated Mareh 20, 2012. A. Phase 1 - Schematic Design, Fe�sibility, and Construction Cast Estimate was completed on March 20,20]2, B. The seope of work for Phase 2B-Constraction Documents is as follaws: l. Preparatian af registered Architecturall�ngineering plans and sgecificatians (contract documents) far the purpose of obtaining public {open) bids for the Schaper Park Shelter Ariek't�eneer Project as described above. C. The scope af work for Phase 3 - Construction Project Management / Quality Cantrol is as follows; l. Prepare bid advertisemenk,submit to�wner for publication. 2. Distributian af plans and spec�fications to Bidders sha11 be doae by()wner. 3. Pre-bid canference nneeting with minates. 4, Review Contraetar questions, clarify work scope,Addendums,etc. during bidding. 5. Bid xeview and recommendation. 6. Review Contractor Contract, Tnsurance, Bonds far Owner 1 Contractor Agreement, (Prepared by Owner). 7. Pre-constructian canferenee meeting with minutes. 8. Shop drawing and submittal review (shop drawings, schedule, payment schedule of values,samples,etc.). 9. Site observations during construction on a regular basis (as neecled}during construction. An Architects' Field Report wil] be prepared for each site abservarion. Six (6) site observations and Architects' Field Reports are included. Additional site observations and field reports during construction will be extra @$3�.04 per visit. 20. Cantractor payment request and lien waiver verificatian reviews. 11. Contractor/Owner change prder requests and executian. 12. Final punch list site abservation with documentation, preparation of substantial completion document, and ane (1) fallow up punch list site observation review. Additional site punch list abservatians and reports will be extra @ $200.0!Q per visit. City of Golden Valley Lian's Park Shelter�-2012 Roof Replacement Project April 19,2012 Page 4 13. CoUect and assemble contractor G�pS�AUt documents, Lien Waivers, IC-134, and contractor as-built plan submittal to Owner. 3A CLIENT RESP4NSIBILITIES This proposai is based on the following client responsibilities. 3.l Provide the existing and/ox as-bui2t building plans & specificatians (Architectural, Structural, :"Viechanical, and Electrical). 1'rovide any required dacuments to be inserted in the contract dpcument. 3,2 Pravide any required document�to be inserted in the cantract document. 33 Prpvide review af EPI's cantract docurnents before bidding. 3.4 Provide acces5 to the building areas as needed. 4.0 ADDITIONAL SERVICES 4.1 F,xpansion of the scope of project. 4.2 Ast�estos (hazardaus materials) abatement design (plans and specifications). 'This proposal assumes no asbestos is present in the work areas. The asbestos survey wiil be campleted if necessary. If the existing building materials are found to be asbestas,we anticipate the additional fees far the abaternent design (plans and specifications}, management, and an-site monitaring shall not exceed$2,OQO.OtI. 5.0 FEF.SCHEDULE Based on the services as de�ned above, EPI proposes a time and material not to exceed professional service fee for the total ArchrtecturaI/Engineering and Project Management/QuaIity Control services. This fee breakdown is as follows: Lion's Park Shelter Phase 1 Schematic Design,Feasibility,and Cost Estimate Complete Phase 2A Asbestos Survey $ 1,600.00 Phase 2B Constructian Documems(plans and specifications) $6,8QQ.t� Phase 3 Canstruction Proiect Management/�t uality Canuol Services 5 8 0,00 I,ion's Park Shelter Tatal Professional Fees{NTE) $14,200.00 Raafing�antractor Estimate for Phase 2A rc�f test cuts $ 700.OQ Estimated Reimbursable Exnenses at actual casts-Estimated l 40Q. L'eon's Park Shetter Tatal Project Estimate $16,300.ai 5chaner Park Shelter Phase 1 Schematic Design,Feasibility,and CQSt Estirnace Complete Phase 2 Construction Documcnts(plans and speci�cations) $4,800.04 Phase 3 Consauction Prc�ject Managemeni!Qualitv Contxol Services 400.00 Schaper Park Shelter Tatal Professional Fees(NTE) $1U,200.00 Estimateti Reimbursable Expenses at actual costs-Estimated 1 000.00 Schaper Park Shelter Total Project Estimate 12 00.(�i Lion's and Schaper Park Sheiter Total Project Estimate $27,SOO.OQ City�f G�tden Valley Lion's Park Shelter—2012 Roof Replacement Project ApriJ 19,2012 Page 5 6.0 PRELIMINARY PRO,jECT SCHEDia.1,LE Preparation of Construction Dac:uments(Plans and Specifications) May and Jane 2012 Bidding(Pre-Bid Meeting,Bid Opening,Bid Review and Recommendation) July 2012 Bid Award/Contracts{Council Meeting,Cantracts,Insur€�nce,Bonds) , August 1-15,2012 Shop Drawing Preparation,Review,and Appraval August 16-31,2012 Cantractar Mobilization!F'roject Work Saptember-October 2012 Punch List/Finalize All Work November 1-15,2012 Praject Close Qut Dcx:uments(IC-134,Lien Waivers,Pinal Fayment) November 15-31,2012 Please feel free ta call me at('�63)348-3040 with any yuestions or carnmen�s. We feel confident that we can assist you and laok forward to warking with you an this project. If you have any questions or find this proposai acceptable,please sign,date and return and we wi11 schedule a date to be�in, Sincerety, ENViRQNMENTAL PROCF.SS,INC. �,� �� Llenny T.anger,PE Architecture/Engineering Manager Copy: Charles A.Lane>EPI Michael Berreau,EPI EPT Pile 2012-329 and 2012-33Q PROFESSTONAL SER'V'ICES AGREEMENT 1'his Agreement is made as of the 24`� day of April ,2012,by and between the City af Golden Valley, hereinaftec referred to as City,and Envizvnznental Process,Inc,(EPI),hereinafter referred to as Consultant,with offices locabed at 725 I�'torida Avenuc Sovth,Suite 111,Golden Valley,Minnesata 55426. Witnesseth,that the City and Consultant,for the coasideration herein named,agree as follows: SECTION 6/EXHIBITS SECTIQN 1/GENERAL C�NTRACT The following initialed Exhibits are attached ta and PROVISIONS made a part of this Agreement: These provisions shal]be as set forth in Exhibit A. X Exiubit A General Contract Provisivnc SECTION 2/S�C1PE OF WORK —' The scope af work ta be pexformed by Consultant is set X Exhibit B Definitions forth in Exhibit C. The work and services to be X Exhibit C Scope of Wark perfornsed hereunder and described in Exhibit C shall X Exhibit D Compensation be refaned to herein and in the General Contract Provisions as the Project. X Exhibit E Insurance Schedule X Exhibit F Rate Sehedule SF.CTION 3/COMPENSATION � Gompensation ta Consultant for services described in SECTION 7/ACCEPTANCE OF AGREEMENT this Agreement shall be as designated in the attached All work and services described in this Agreement Exhibit q and as hereinafter described. shall be performed by Cansultant only after written acceptance of the City. The undersigned hereby SECTION 4/WORK SCHFDLJI�F, accept the terms and condilions of this Agreement The andcipated schedule is set forth in Bxhibit C. and Cansaltant is hcreby autharixed ko perform the services described herein. SECTIUN 5/SPECIAL CC?NDITION3 Special canditions,if any,are as set forth in E7chibit G. CUNSULTANT: ENVIROIVMENTAL PROCESS,INC. CITY: CITY OF CsOLDEN VALLEY ADDRESS: 780Q GOLDBN VAI,LEY ROAD ADDRESS: 715 FLORIDA AVE.S.,SUITE I 1 l CsOLDEN VP.LI.nY,MN 55427 GOLDEN VALLEY,MN 55426 By: Charlcs A.Lane BY: Shepard M.Harris SIGIVATURE: � ��""" �� SIGNATURE: TITLE: M��a .or TTTLB: President/CEO BY: Thomas D.Burt s�c�rv�.TUxE: TITI.E: Cit,�y Mana�er ADDR.ESS: Pmfessiona]Services Agreement Page 1 of 9 EXHIBIT A GENERAL CONTRACT PR(JVISIONS ARTICLE i.GENERAL (Z) TIll6@ gtRC[91 COi7[l2Ct PTOVIS�OABj 7"hese general cor.trect ptovisions are incorporatEd in and bexome a (3} The amched exhibits;and part of the Agrcernent to whlch it ta acrached be:ween LHB, Ina, (4) The aupplemental Agreaaenq where appllcabla heteinafter refured tn as Consulr3nG and the a3�er party ui the A&T��4 Citq ai Golden Valley, hereiaafter refeered to as City, As to supexsod3ng eKect,the aw�ched uhibits shaU�overn over these wherein ehe City en�ages the Conaultanc w ptovide cermin servtces general pt�uvisiuns�and Che supplemental Agreetnent�where applicab(e, mom pardcutazly desartbed(n F.a�hibiC C,Sco�x of Work. Either party shall govem ovet atrached exhibits and these genenf provislona. may be 6ereina(te:referred tn ac pury rar�coUectively,pazcies.The startiag date wi11 commencc whm avthorized hy the Ciry. Ths ARreement consNtuus the entire anderstanding berween �e Consulcant and Ciry. The Agreement supersedes all pr3or written or ART[C(.E 2•CHANGED CONDl'I'IONS orat undera�anding and may onty be acncnded,supplemented,maiifled If thc Gmeultant detrnninec that any aervicca it has been directed or or cancelled by a duly executed written instxumrn� requested to perfo�a are bcryond�he scope ae eet fortfi in Exhibit C ar thay due co changed condidons or changea in che method or manner of ARTICLB 6•RPSPON3IBII.TTIES ad�riia�auadon of the ProJecc, the Consultant's effort required to A. In arder co percnic�he Conaultant co perform tfie eervicea cequired perfocrn ita sexvtcea w�der thia Ap'eemrnC exceeda Che�tintate which under rhLv Agreement,the City ahail,in praper Ume and aequmce and formed the basia fot the Consu]tant's campensatlon,Coasultant c6aU where appmpriate to the ProJxt,at no earpease to the Coasultana promptly notify che City ot that fact Additional w�k aad additional compensadoa for such work,and the exunsion of dme for wmpleaoa 1. Provlde avvilable iaformadon as to itv requlreanenta for the chereof,shall be set forth in a:upplemental Agmmeat wcered inco by Pwject the parties prior to pmcealinY with any aeiditional work or rela:ed 2. Guarautx uceaa to and make atl provisiana for the Conaultan[co e�cpenditurea. Sur.h supplemental Aq:eearent shall be incorporeced!n wter upon pu6lic ax�d private lands to enabla khe Coneulrant co and become a part of tl�is Agreemen�. perEorm its work under tlxie AgreemenL 3. Provide auch�e�al,accounting and insurance couneeling servicea AR7°ICLE 3•TERIv�iATI4N as may be required far thls ProjecG lsuch as review af insurance "The City may by written nottce terminace tho Agreement ar any cerciflcata,bonding clatificatipn:and legal quesNona regaxding por[ion thereof when it ie deemed in the Cityra best iatereat to do so or pmperty scquisition or asseaemenc). tfie City ie unable to adequately fund paymrnt far the Agreement 4. Noa(y the Consultant whenever[he Ciry obsccves or otheewise becaust pf chwngu tn State flsca)policy,regulation or law, ln the becomes aware of any defect!n the Projecs. evrne of terminarioa,copies of plane,reports,specifications,electronic 5. The Golden Valley City Council or a peraon or persons drawing/data filee (CADD),field data,noces,aad other documenta designaced,ahatl azt as Giiy's representadve wich respea m the whether wrttten, pHnted oe recorded on any medium whaucever, services co be xendered under thie Agreement, The City'r fininhed or unfinisheci,prepared by the Consultant pursuanc co thia regrereacauve ahall tiave the authodty to txanamit snd receive Agreement smd perraininE to the work or co the PraJect,(hereinafter inatrucHona and inforntadon and to 1nte:pcet atul doflno the Ciry'� "Instrumrnts of Serv�ce"),shal!be made available w t6e Ctty puesuant polidec wlth rapr.cc w servicea rendered by the Cansutrant. ca Ardcle 4• Aq provisiona of:hls Agreement allocadng rcs�wnaibility 6. Furnish dara(and professional interpreadona thereof)prepared by or fiability betwcon tha City and Consultant shall survive thc or services performed by others,including where applicable,but wmplctlon of the semces hereundcr and/or the terminadaa of this not limital w,pm�ioua reporta,core boringR,probinga and sub- Agreement. surface explorattans, hydrographic and hydtogeologic aurvrys, taboratory tests and iattpeccion of sacnples, materiala and AK'1ZCLE 4•REUSE ANp DISPQSI'ITqN OF INSTRUMENTS QP equipment; appropriate prnEraeional interpre[adona of the SERVICfi foregoiag data;envtrunmentat asaeastnent and lmpact atacemenrs; Puring che course of che work,che Conaultant shall(if requeated,) ptoperty, boundary, easement, right�of-way, topographic and make xvaitable w thc Clty copy(icsj of che lnstruments of Service� At uNlity aurvryc�properry deecriprion�sonin�,dced and other taad che u�me of compledon or tetmination of the wor&,tha Consulant ahaU uso restriecions;and othar apecisl data. make such lnstrum«us of ServicT awilsblo to the C{ty x�pon (i) 7. Review alt report�,ekecchea,drawinga,apeciflcations and other paymrnt of amounts Jua und owing for work petformed and expenaea documente prepared and pre:cated by the Consultant, obcain incutted co the dace and dme of cerminuion,and(!t)fulfilfmtnt of the advice of legal,accounttng anJ in�urance couneelors or ocheru as Ciry's obtigxdon under dtfa Agreement and such Inatrumentc of Ciry deems necessary for such e�razninaNvne wd render in wiieiny Service ahall become the property of the City. Any use or re-use of decuicme pertalning thereto wlthln reaeonable dmes so as noc to such Tnscrumenta of Servico by the City or othera withouc wcitten delay thc performance by the Conaultant of tha BCIYICC6 YO bt verificaciou or adaption 6y the Cansultant eaccept for :6c apecWc rendeted puneuant to this Agreemrnw purpose 1n[ended witi be at the Clty's rtsk and full legal msponslb(lity, B. Wherc appropriate, tndeavor w idenafy� remove andlor rncapaulate asbeatoa producn or mareriaEa at pallurants Icestcd in The Clty agrecs,to the fulleat axtent permittai by law,to fndemnify the pmject area prior tu accomptiehmeatby the ConaulGnt of atry and hoW the Consultant hazm[ess from any daim,(iability ot cust wark oa the Projec�t. (including reasauabte attorneys'faea,and defense eosca) ariaing ot 9. Provide reeord drawings and apocificatioaa for atl exiatlng physicat allegedly ariaing out of any unaut6orized reueo or moditicallon of[hese planta of fscilities which axe peNnent w the Projxu Instrumcna of Scrvltc by the City or any pcmon or entlty chat acquires t 0. Where avai4�hte provide orher services,macerlals,or dara as may ar obtaina thc reporu,plans and apeciflcations from or tArough the be set Eorth. City wichout the writun aurhorizarion of the Conoultant. Under no 11. Bear all caeca Incidentai co aompliance wich che requtrements of cireuuutancea ahall trmufer of Imtrumena of Service be deetned a eale chk articte. by Consultant,and Consultant makes no warretttles,eixher expresaed 12. Provide the Eore$oing in a manaer sufficiently rimaly so as not to ot 1mpHed,of inerchanWbtUty and flmess fox azry particular purpose. delay she performa»ce by the Consulcant of rhe servtcec in Consultant shaU cavae any c�nnxc for work between Consultant aud a aceordance wit6 tho Contrxt Dacumenta. chird parry for work under chia Agreemeac to concain the cercns and provieions of thia Atticte¢ relaNng w tho Instxumonta of Service B. Coosulcant shatl be endtted co rely on the accuiacy and created by such subcanttactar. completeness of inEormadon or seavtcea furnished by the Ci:p ot otlietx employed by the City, Consultant s6alt endeavor to verffp tfie ARTTCLE 5-AGREEMEN'T informadan pwvided and shall prompdy nodfy the City if the As uaed herein Agceement means; Conaulrant diacovers that any 3nfotmahon ar services fumtshed by the � {1) The Agreement fox nngineerin$, surveying and plannin� C'rry is in etear or is inadequate for ita purposa aerviceei Facliibit A—General Contnct Provisions Page 2 of 9 AItTICLE 7•OPINiONS QF CUST Thn City agreeR,[o the fullest extent permitted by law,to waive all Opinion, if eny, of probable c:oat, construcNon coet, finandal elaims end caus+�of acttou agaiasc rhe Consuttanc and anyone for evaluations,feasibility studiea,economia analysea of alcernace saluaone whom [he Consulrant nnay be legally lia6�e, far damages co and ualitarian coneideraNana uf operatione and maintenanae coscc undarground improvemena resulNng from subaurFace penecration provided for are made or w be made on�e basls of the Conauttant'a Iceadons escablished by[he Conautrant,ezcept that the Ciry does not experlence and quaNflcationc and repm�ent she Consultant's beet releaee [!�e Consul�an[, [rs pr:ncipals, employecs, agents aud Judgment aa an wcpedmced and qual3Red proftaional deaign Rrm.The consulqnts ftom negligenco which causea damage w uadnrground pxrtles acknowledye, however, that the Consultant does not have improvemenu resuldnE hom subsurface penetradan iaeacions contro!over che cosc oflabor,matedal,equipment or servica furniahed atablished by che Consultanu by others or over muket condiNons or contracwr'a merhods of dctuminiug their prices, and any evaluaHan of any faci2ity to be ARTTCLE 15•REVIEW cone muted ar acqixiced,ar wnrk of neceea3ty muat be aFuculative undl It ia undoxetood and agreed by the Cotuultanc that che City,throuPh i� campleNon af conatrucdon or acqufeidon. AceorcHngly, the authorised agents shatl be khe aole and final judge of tlft fimese o!the Consultatte dou not guaranteo that propoaala,6idc at actual costs will work and its aeeeptabillty, and ao paymeat shall be msde to the not vary from opiaiow� cvalualloas ar etudies submitted by the Coneulrant hexeunder undl the wotk ehaU have bea�found acceptable Consulranc by the City throu$h ita euthorized agenu. ARTICLE 8<IIVSURANCE The Consulcant shall be Itat�le far any work done by a subconuactw for Consulcant has pmcured insurance in the types and amouna aet farch services readered under this Agreemenu T6e City ahali ba cntitted to in E�i6It S,and shall cauxe any wrn�lc suhcantracted co a thlyd party eo pay any sach subcontractor direcdy in its own diacredan. be complaced under a eubcontraat requtrtng rhe procnremenc of insurancs in the types and amounts cet forch in Exhibit E. Tha Conauttant further agro�a to furnish cerd$catea of d�e inaunnce sec forth In Exhibit E w the Clty,namfng the City as an additiona!ineuted, ARTiCLE 16•INDEMNIF[CA'I10N nac laxer chan�m(10}days afcer ezecudon of tlus Agreement and will The Consultant agree�, to the fultest extmt permitud by law, m provide the City wids wrltten notice ten{IO)days prtor w cancelladon indemnify and hold the City,thdr elected offidals,afficen,ayents and of che poltry or eesy materinl change in the covezage petiod, employees barmlesr iram any damaQe, liability or coet (iacludlag reaaonabte anorneye'fees and casre of defenee)co the extent caueed by ARTI�LB 9•ASSIGNMENf the provieion of eervisea;errora ox omiseiana in the perfmmence of This Ap'reemeny intrnded w secure the aervice o£individuale exnp)oyed professtanal aervicas andcr chia Agrecment and tfi�c of Consulmnt, by and dsrough dte Cansultant,shall nat be aastgncd ot tranafemd subconsulCants o�anyone far whom the Consu'stwt ix IeYaAy Itable. wlthouc wdrtcn consent of thc City. Tlie C3ry agreee to che fuliess ezceat petmiued by taw,w indemnify and ARTICI.E 1Q-CpN1ROLLING LAW hold tha Consultant humlae from any damage, Nability or cosc '[�ie A�reemen[ �S to be governed by the taws of the 6tace of (inc(uding reaxonable atwrneys'fce:and couu of defease)w ehe exzent Mlnnesota, caused by che City's aegligent ac�s,errors or omisaiona and those of hls or her co�tzacoors,subcontraatore or caasulxana or anyone for whonn ART'ICLE I 1•NON-DISCRIMINA7'tON the Ciry ts kgatly IlaEle,and arlsing from the prvject that is the subject Conaultant wiil rtrmply with the provisiona of appbcable Federal,State o#t6ia AgreemeaG and Local Statutes,Uxdlnancea,and Regularions pereaining ro humax� rights and nwslisuiminallon,:U4d BFl1II C8U6C 3ClY CAtlTfdl'{EOY WOI'IC suh�rncracted to a[hird party ta be corapleced under a subcontnet requiring compliance wtth Article I l hcrein. ARTTCLE 12.CONFLiCT RESOLITI'lON In an effort co reeolve any conflicq that arise during the deaign or oonawcdon of the project ar following tSe compledon of the peojut, che C1cy and Co�sultant agra that aU diapucea between�hem artsing out of or reladng to chis Agreanent ehall be submiaed w nonbinding medlatton unless the partiec mutvally agree otherwisa ARTICLB 13.CANF177EA177ALITX The Consukant agxes to keep confldeatlat aad nat to d9eclose to any person or cndeyr othu' tfian cha Consultant's eixiplayees, :ubconsultana and the genetal cantractor and subcontractors, if apprapriata,any dab and informallon not previuusly lmown to and �enerated by the Consul[ant or furniahed to the Consulrant and rnarked GONFtDENI'tAL by the City. T7icse provisioai ahall not apply to infortnadon in whatever form chat comes into tha public douuin,nor ahaft it restrict the Canaulrant fzrnm giving nadcea requ3rai by law ae complyin�witl�an order to provide Informadon ox data when euch order is ieeaed by a courc,adralniatrarive agenry or Mhcr suthortty with propet juNsdiodon, or if it is reasonably necessary for tFre Consultant ta d�frnd himaelf or heiself fram any suit or claim. ARTiCLE 14 - LOCATIOiV OF IJNDERGROUiVD IMPROVEMENTS The Consulcant and/orlus authorized subwnsultant wllI conduct che reaearch that in his vr 6er profescianel opinion ia neceseary and will pmpare a plan indieaHng the locadons intrnded foz cubsurface penetradoaa wtth xespect w assvmed [ocations of under�round improvemenas. Such eervicea lry the Coivultant or his oc her subconxulrant wiU he performcd in a manner conaixrent with the ordinary standard of eara Tha Ctcy recogniva that the reaearch may not identify xll underground improvements and that�he information upon whicts the Consultanc relles may coataitt ernors or may not be completed. Exhibit A--Gmeral Contract Provisions Page 3 oE 4 E�:HTBIT B DEFINITIONS B.1 "HOURLY BASIS" means that the fee shall be determined by multiplying the number of hours of wark performed, times the direct persannel cost for the appropriate labor classificatian shown on the fee schedule, B.2 "EXPENSES"means costs incurred in the performance of the serviees described herein or authorized by the City which are not direct personnet costs or overhead eosts. Expenses include long distance telephane charges, subconsuttant fees, tasting costs, outside reproduction and printing costs,equipment rental costs and similar costs. B.3 "IMPROVEMENT PRQJECT"means public improvement projects authar-ized by the City and paid for with public funds. B.4 "INSTRiTMENTS OF SERVICE" means the sp�eifications, plans and other doeuments (including thase in electronic farm},prepared by Consultant and its subcontractors of this project. Exhibit B—Defmidons Page A of 9 EXHIBIT C SC4PE 4F WURK SGQPE QF SERVICES FQR IMPROVEMENT PROJECTS See Attache3 2012 Scope I.etters dated: C-4: April 24,2022 (L,ion's Park Shelter—2012 Roof Replacernent Project) C-5: April 24,2012(Schaper Park Shelter—2012 Brick Veneer Praject) Exhibit C—Scope of VJork Page 5 pf 9 scxEnuLE a. 2012 TENTATIVE SCHEDULE—C4 Prepazation of Canstruction Documents(Plans and Specificadons) May and June 2012 Bidding(Pre-Bid MeeTing,Bid Opening,Bid Review and Recommendation) July 2Q12 Bid Awsurd/Contracts(Council Meeting,Cantracts,Tnsurance,Bonds) August 1-15,2012 Shop Drawing Prepazation,Review,and Approval Augnst lb-3z,2Q12 Contractor Mobilizacion/Roaf Replacement Project Work September-October 2012 Punch List/Finalize All Wark Navember 1-15,2012 Project Close Out Doeurnents{IC-134,Lien Waivers,Final Payment) Navember IS-31,2012 b. ZQ 12 T'ENTATIVE 3CHEDULB—C5 Preparadon of Construcdon Documents(Plar.s and Specifications} May and June 2012 Bidding(Pre-Bid Meeting,Bid Ogening,Bid Review and Recommendation) July 2012 Bid Award/Contracts{Council Meeting,Cont�acts,Insurance,Bonds) August l-l5,2012 Shop Drawing Preparation,Review,and Approval August 16-3t,2p12 Contractor Mobilization t Brick Veneer Project Work September-pctober 2012 Punch List/Finalize Ali Work Navember 1-15,2012 Projr,ct Close Out Documents(IC-134,Lien Waivers,Fina]Payrnent} Navember 15-31, 2012 Exhibit C-Scopc af Work Page 6 of 9 EXHIBIT D COMP'ENSATIUN The City shall pay the Consultant for$asic Services rendered an an hourly basis as mutually agreed tc�and deemed fair and reasanable for the particular work to be performed. Consultant's current fee schedule wzth haurly rates is attached ta tlais cantract as�xhibit F.The rate schedule is far 20I2, and will remain in effect for the term af the project. The following are the compensation terms, D.1 Receipt af Payment In arder to receive payment for services,the Consultant shall submit monthly invoices descnitaing in detail the services performed in aeeordance with tt�is contract. The City shall pay Consultant befare ten(10)days after receipt of(a)each rnonthly invaice, (b)a certifieaCe frorn the City that wt�rk has been cornpleted,and (c}an opinion of the City's attorney that the City is then obligated to pay the sum contracted for herein. T`he personnel who worked on Che project shall be included in the invoice. Invoices sha11 inGlude daily reparts detailing the tirne for each day that the individual was working on the project. All invaices will include the City representative who authorized the work. All payments ta the Cansultant shall be made payable to Environrnental Process Inc. and the City does not assume and shall not have any responsibility for the allocatian af payments or obligataans of the Consultant to third parties. T�.2 Expenses Consultant shali be reimbursed far reasonable expenses related to the scope of services�f this contract and/or individual projects. The Consultant shall be reianbursed for ihe actuaI cost of the expenses, without markup. Typical expenses include,but are not timited to, the following; • Plan and specification reproduction fees ■ Costs related to the development of project photos The fallowing shall not be considered reimbursable expenses; ■ Mileage � Mobi�e phone usage ■ Computer equipment time • Preparation and reproduction of cammon correspondence * Mailing Exhibit D-Compensadon Ynge 7 of 9 EXHTBIT E IIVSURANCE SCHET7ULE GENERAL LIABILITY Carrier: Acord Type of Insurance: Cornmercial General Lia6ility Coverage: Genecal Aggregate $2,000>000 Praducts-Comp/Ops Aggregate �2,000,000 Personal&Advertising Injury $1,Q00,000 Each Occunence $1,000,000 AUTOMOBILE LIABII,ITY Carrier: Tntegrity Mutual Inswance Co, Type of Insurance: Hi.red Autos Non-Owned Autos Coverage: Combined Singie Limit $1,OQ0,000 WORKER'S COMPENSATION AND EMPLOYERS'LIABILITY Carrier: Acord Coverage Statutorv Each Accident $ 5QQ,OQO Disease-Palicy Limit $500,OOQ �isease-Each Ernployee $ 540,OQ0 PROFESSIQNAL LIABII.ITY(ERRORS AND OMISSTONS) Carrier: CNA Coverage: $2,OOQ,Q00 each claim/$2,000,0(?0 annual aggregate Cerrificates of Insurance will be pmvided upon request. Exhibit F—Rate Schedule Page 8 of 9 Exhibit F 2012 Rate Schedule See attached Attachment F—2012 Fee Schedule OOW9Q/A80S68/959626_1 Exhibit F—Rate 5chedule Page 9 of 9 � Attachment F Environmental Process, ina � � 715 Florida Avenue 5outh,Suite 111 Golden Velley,MN 55s26 20i2 Fee Schedule Pnone;(763)39$-3040 Fax:(763)388-0121 Email;epimpis(�rgo-api.com January 1,2012 Note: All Professional Fees are based on a hourly rate-no extra overtime costs. 1 Architectur�UEngineering/Environmental- Professionai Fees Indoor Air Quality Diagnastician 190.Ofl Principal Project Manager 180.40 Sr. I�dvar Air Quality piagnostician 156.00 L,icensed Principal ArchitecUEngineer/lnterior Designer 156.OQ Certified Industrial HygienisUSafety Professiona! 156.00 Licensed Code Specialist 158.00 Sr. ProJect Manager 154.OQ Environmental Manager/Designer/Inspector/Planner/Coordinator 154,00 Licensed Asbestos Qesigner/inspector/Management Pfanner 154.00 Lieensed Lead Inspector/Rfsk Assessor 152.00 Llcensed Sr. Structural/Mechanical/Electrical Engineer 150.00 L.icensed Sr.Asbesios pesigner/InspectorlManagemenUPlanner 133.p0 Gonstruction Specifier/Estimator/Plans ExaminerlSpeciai Inspector 120.00 Licensed Asbestos inspec#pr/Management Planner 102.00 Assaeiate Designer(Architec;)/Asbestos/Lead Designer 102.00 Industrial Hygienist 102.00 Associate Mechanical/Structural/Electrical Engineer 101.40 Associate Engineer Technician 81,00 l.icensed Asbestos BuildEng Inspector 81.OQ Industria!Nygiene TechnicianJMicro/Asbestos/Lead/Radon 76.00 Environmental Analyticai TechniciaNNiosh 582 Certified 76.00 A/E Technical Draftsman/Cad Operator 74.00 Enviranmental TechnicianlLicensed Asbestos Site Supervisor 67.p0 Associate Environmental Technician 65.pD Word Processor/ClericaUAdministration 54.00 2 Forens9c/Legal -Professlonal Fees Forensic DesigniConstruction DiagnosticiaNGiaims Evaluator/investigator 250.00 Forensic Enviranmenta)Design/Construction/diagnostician/Claims/Evaluator 230.00 Associate DesignlConstruction Diagnostician/Claims Evaluatodlnvestigator 200.00 Design/Constructipn/Private Investigator 195.00 Forensic Construction EstimatorlLicensed Code Specialist 156.00 Sr.Constructian DiagnosticiantCiaims Evaluatnrllnvestigatar 140AQ Associate Construction Diagnostician/Claims Evaluator/Investigator 118.00 Property Investigator/Evaluator 95.p0 Forensic Ward Processor/ClericaUAdministration 59.00 Page 2 af 3 4 Analytical Expenses ��. Lead Wipe/Paint Chips/Air(Niosh 7092) Regular >24 hours 26/sample Rush 6 to 24 hours 48/sample Emergency Rush<6 hours 110/sample Lead Wasts Water Regular >24 hours 40/sample Rush 6 to 24 haurs 801sample Emergency Rush<6 hours 212/sample Lead Drinking Water Regular y 24 hours 751sample Rush 195/sam ple Elemental Analysis (PlXE) 325/sample Microbiological:Air,Surface, Bulk t-5 samples 100/each 5-20 sampl�s 95/each 21-40 samples 90/each Toxic Charactenstic Leachate Procedure(TCLP} 2,5Q0lsampis Silica Air- Respirable 240Jsample MVOC- (AIHA EMPAT Protoco!) ftegular 520/sampie Rush 920/sam ple Volatile Organic Compounds/OVM Regu/ar 325/sampie Rush 4Q0/sample Ftec- Voc 550/sample Summa Canister Rate Varies Particulate Sample Regular 310/sample (Macrosoopic or Quantitative) Rush 350/sample Asbestos BuJk-AHERA Methodolagy(PLM} Regular 0-50 samples 261sample 51-100sampies 2Q/sample 101-up 221sample Rush(No Discounts) i2 ro 24 hourk 38/sample Emergency Rush c )2 to 8 haurs 60/sample TEM Asbestos Air Samples- (quoted/project basis-cos#vary-quantity&time frame} TEM Z 72 Mours 125/sample TEM � 48 Hours 140/sample TEM a 24 Hours 170lsample TEM 6 Hours 240/sample TEM Prep 10/sample Asbestos{NI(?SH}582 PCM Air Sampies Regular/Rush/QA/QC 201sample Nate: Weekend and Holiday�ab Opening Cost Extra Other Analtyical Services Available Upon Request Page 3 of 3 5 Ec�uipment Use .._ Tracer Analysis 550/site Infra Red Service 1101hour 575/site XRF Lead Analyzer 100/hour 550/day Therma!Sensor 50/day Carban Monoxide Sensor 1501day Carban piqxide Sensor With Recorder 110/day Portabie Carbon Dioxide/Temp Sensor 55/day Moisture Content Sensor- (Deirnhorst-Tramex) 100tday Anderson TM Samplsr i 1 Q/day Anderson 7""Flow Pump 70/day Calarimetric/Air Flaw Tubes 21/tube Temperature/Relativs Numidity►vith Ftecorder 113/day Quad Meter(Confined Space Monitar) 75/day SolomatT""Monitor 120fday Two Way Radio- Per Day Per Radio 5/day Portable Mieramanometer 30/day Recording Manameter 25iday Air Pumps-High Flow 20/day Air Pumps- IH-Low Flow 30/day Data Logger 90/day PAPR- Piggyback Filter(microbiological-asbestos) 32/eaCh PAPR HEPA Filter(asbestos} 27teach Natf Face HEPA Organic Filter 221each Half Face HEPA�ilter 14/each Tyvec Suits-Asbestqs 16/each Tyvec Suits-Micra-Polypropylene 23/each HEPA Vac 30/each Negative Air Machine-200011000 CFM 251day Auto CADD 8lhour Hammer DrilUReciprocai SawiOther Smali Power Equipment 40/day Ozone Unit 25/day 6 t7ther Expgnses Travel-Mileage IRS Rate Other Expenses at cast �lectronic Communication 2%of Professional Fees-(Maximum $160.00) Meais state government per diem rates Sub Gontractor ar Contractors cost plus 20%markup Digitai Camera/Photos $1.00/each ��y �,� �, ;ta, a� . I'4 ' ��, ��j Public Works Departrnen� J`� - - - - 763 593 8030/763 S93 3988{fax) �i� � ,{��:`... ��X��.�.: �e;�.��. �� .. ,�::� �� :: ��.::., :v�. ��r,��:�� , ...�� t.. Executive Summary For Action Golden Valley City Council Meeting May 15, 2012 Agenda Item 3. K. Amendment to Landscaping and Maintenance Agreement with Brookstone-Vanman, LLC Prepared By Jeannine Clancy, Director of Public Works Mark Ray, PE, Engineer , Summary In the summer of 2009, Brookstone-Vanman, LLC approached the City requesting modification to the landscaping and vegetation in the public right-of-way adjacent to their property (Lots 1 and 2, Wesley Commons, also known as Town Square). As part of the agreement, the property awners contracted far and paid the full cost of the work. The property owners also assumed responsibility for ongoing maintenance of the new landscaped areas. The City maintained responsibility for potted plants, irrigation, banner, lighting and hardscape within the baulevard area consistent with existing practices along Winnetka Avenue and Golden Valley Road. Recently, Brookstone-Vanman, LLC approached the City requesting ta expand their landscaping efforts. Since the initial installation, Brookstone-Vanman, LLC has maintained the 2009 landscaped area to the agreement standards and City's satisfaction. From Exhibit A (attached), the proposed changes are: 1. Removal of the existing five maple trees along the west side of Winnetka Avenue which block the visibility of the buildings architectural elements. 2. Thinning of the existing Karl Forester grasses by 50%. 3. Removal of the four existing Redmon Linden which block the visibility of the building's architectural elements. 4. Removal of the existing.three maple trees on the north side of Golden Valley Road which block the visibility of the building's architectural elements. 5. Removal of the existing turf on the north side of Golden Valtey Road and replaced with Xeriscape perennials, shrubs, and grasses (expanded planting on Exhibit A). Staff recommends approving the amendment to the agreement to permit Brookstone-Vanman, LLC to expand their plantings and other work. Attachments • Amendment to Agreement between the Brookstone-Vanman, LLC and the City of Golden Valley for Landscaping and Maintenance (3 pages) Recommended Action Motion to adopt amended agreement between the Brookstone-Vanman, LLC and the City of Golden Valley for landscaping and maintenance. AMENDMENT TO AGREEMENT BETWEEN THE BROOKSTONE-VANMAN, LLC AND THE CITY OF GOLDEN VALLEY FOR LANDSCAPING AND MAINTENANCE (Regarding Lots 1 and 2, Block 1,Wesley Commons P.U.D. No.86, Hennepin County, Minnesota) THIS AGREEMENT ("'Agreement"), effective 1Vlay T, 2012 is made and entered into by and between Braokstone-Vanman, LLC, a limited liability company (hereinafter known as the "Company") and the City af Golden Valley, a municipal corporation, (hereinafter knawn as the "City" and collectively referred to as the "Parties"). WHEREAS, effective July 7, 2009 the Parties entered into an Agreement for landscaping and maintenance regarding Lots 1 and 2,Block 1, Wesley Commons P.U.D.No. 86, Hennepin County, Minnesota; WHEREAS, the Parties have agreed to amend their previous Agreement and change some of the existing plant materials within the landscaped boulevard area and to add additional materials along Golden Valley Road (see Exhibit A attached hereto); NOW THEREFORE, in consideratian ofthe foregoing, and for other good and valuable cansideration, the receipt and sufftciency of which is hereby acknowledged,the Parties agree ta amend the Agreement between them referenced above as follows: 1. By deleting therefrom Exhibit A and substituting in lieu thereof a new Exhibit A attached hereto; and 2. Ratifying ai! of the terms and conditions of the pre-existing Agreement. IN WITNESS WHEREOF,the Parties hereta have caused this Ageement to be duly executed in their respective names as of the date below. Date: May �, 2012. BROOKSTONE-VANMAN LLC, a Minnesota Limited Liability Company By Its STATE OF MINNESOTA ) ss. GOUNTY OF HENNEPTN) The foregoing instrument was acknowledged before me this day of May, 2012, by , its , of Brookstone-Vanman LLC, on behalf of the company. Notary Public Date: May ____, 20 t 2. CITY OF GOLDEN VALLEY By Shepard M. Harris Its Mayor And by Thoinas D. Burt � Its City Manager � STATE QF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregaing instrument was acknowledged before me this day of May, 2012, by Shepard M. Harris, Mayor, and Thomas D. Burt, City Manager, of the City of Golden Valley, on behalf of the organization. Notary Public 011800/960701I1490791_1 ; �__�.._. e 9' �� ✓�'�� iJ , «Qyr. �� •j �� s� R�+�ow FF'lsMpAyNSIM � y pNMSM�pa r7etA0bckt �4�D vi.m+y aamaacwr e�r,�a (3 mM) e � •. � Thls proposed planNng plan replaces the o "r • existing tesource intensive turf elpng a ��; � � patio�of the south stde landscaping and - {-4� •• removes the landscape elements lhat block the visibility and architectural components ��' ' of Golden Vai4ey Town Square. ' . The e�ustmg turf is replaced with Salt-tolorant, 1�• - Low-maintenance,Xerlscape perennlals. �; � �: .i = �.�_�� , � , i � M O • � _. �_ � a i ti -riw�.; ;:rwwrK ` • W • ' �� i.mW[aavam.. . y Z „c••�-••• •..!yr x • � � �� : I O 3 MAiNt �.Wi! i1 S Y w, �"""��""'� 1�/�Ab4t4W�hb/W,�EuYA'i0 �b�61NpYµy ''•Y��t�t� �,� . AJBreW�01Id'AEtlW10 '- '� �� '�.w..M}.r' -�� , e �' _. anw. Ff�6pNbkdSEW� !�'+/�� EpN4n�(YAFPMaM(4asles - +an+karo-� ,d maowMOnraox �,.::"` �;,�n,� s�..ar,� , f - �a 6 p ,eaoKa �� ._- / a� ' —ftvnahSnLm+7Rour�nnett,mn i � ..t�:1� p • aMD'�'b�wiikh D�boUo �"':,.��Ba�� - � wmbaco�xnvmwrramsm+. q�.r• 7/ / / � �� AiM7ach'WBertrvlR(17o0✓) � Axrwiro Eib9'+O.WY+M MONM1W M/�q�MM flo/tl�n V�1/ay Ro�C J �curo maapeWisurremNn wx.a.sc,rtyaanvnwe�yro»nso�r. � �nina .. ,"�.'°�,""."t�„ '�"-°--�° ;�m be�rland Golden Valley Town Square - New Ylanting Bed .�, EXHIBIT A CZ�� C)� ' � Public Works De artment r 763-593-8030/763-593-3988(fax) �:..� ��!�� . ��ti��,� �,�{�,A��._��:�� #��. � ��_: . � ��mm �� . � Executive Summary For Action Golden Valley City Council Meeting May 15, 2012 Agenda Item 3. L. Golden Valley Historical Society Sign Donation Prepared By Jeannine Clancy, Director of Public Works Mark Ray, PE, Engineer Summary Staff is currently replacing older street name signs in the City with new street name signs that have larger text, address block information, and are more reflective at night. Staff has received numerous requests from residents asking if they could obtain the old signs. In conversations with the Golden Valley Historical Society, the society has also expressed interest in the old signs, as well as the concrete support posts. Donation of the signs to the Golden Valley Historical Society was discussed at the May 8, 2012 Council/Manager meeting and the Council expressed the desire to move ahead with the donation. The Golden Valley Historical Society expressed a willingness to sell the signs, relieving the City of this logistical commitment, as a service to the community and fundraiser. Since the old signs have salvage value, the City will need to donate them to the Historical Society with the approual of the City Council. The salvage value can be estimated based upon the salvage price of scrap steel. Given the quantity and weight of the signs,the salvage value is about $270 per year for all signs. Minnesota State Statute 471.93 allows for municipalities to appropriate money for the purpose of preserving, collecting, and distributing material pertaining to the history of tMe city. Since the street name signs have salvage value,the City is in compliance with State Statutes in giving the signs to the historical society. Attachment • Resolutian Authorizing Donation of Outdated Street Name Signs and Concrete Posts (1 page) Recommended Action Motion to adopt Resolution Authorizing Donation of Outdated Street Name Signs and Concrete Posts. Resolution 12-40 May 15, 2012 Member introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING DONATION OF OUTDATED STREET NAME SIGNS AND GONCRETE POSTS WHEREAS, staff is currently replacing old street name signs with new signs that have a larger text, address block information, and are more reflective; and WHEREAS, the Golden Valley Historical Society has expressed an interest in selling the signs as a community outreach effort and a fund raiser; and WHEREAS, the salvage value of the signs is minimal. NOW, THEREFORE, BE IT RESOLVED, by the City of Golden Valley, Minnesota that staff is authorized to transfer ownership of outdated street name signs ta the Golden Valley Historical Societ� as deemed appropriate by the Director of Public Works. Shepard M. Harris, 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 his signature attested by the City Clerk. Cl��1 C)� . Public Works Department 763-593-8030/763-593-3988(fax) ��,��,w.�� . ,�i �:. ;:s ..��,�� ,,� .,: �: .._�� _ Executive Summary For Action Golden Valley City Council Meeting May 15, 2012 Agenda Item 3. M. Establish Permanent No Parking Zones at the Intersection on Laurel Avenue and Hampshire Avenue Prepared By Jeannine Clancy, Director of Pub►ic Works Jeff Oliver, PE, City Engineer Mark Ray, PE, Engineer Summary Since Menards has opened in March 2012, City staff has received numerous complaints abou�the sight lines at the intersection of laurel Avenue and Hampshire Avenue, and at Laurel Avenue and the driveway to Speak the Word Church. These restricted sight lines were confirmed by Public Works and Police Department staff. In response, the Police Chief ordered that temporary no parking zone be created on Laurel Avenue to address the immediate safety concern. Based on field observations and feedback from residents after the no parking restrictions went into place, staff from both Public Works and Police Departments have cancurred that a permanent parking restriction is appropriate. The limits of the proposed permanent parking restriction are based on engineering judgment based on the effectiveness and observation of the temporary no parking restrictions. Before and after photos are attached to this executive summary. The restrictions have been reviewed by Police and Fire staff who concur with this recommendation. Attachments • Location map (1 page) • Before and after photos (1 page) • Resolutian Restricting Parking on Both Sides of Laure► Avenue at the Intersection of Hampshire Avenue (1 page) Recommended Action Motion to adopt Resolution Restricting Parking on Both Sides of Laurel Avenue at the intersection of Hampshire Avenue. � i � �� o I - � e � o a` i � � ___� _._ __._. � o _..�_..._. ..__..., o � o� --..__- / ''.=o ZoN �� c m o-�� V t�,o y'o.oa :�a`� 'o=om ti Q I ) ! � I ? 1 t _ ' N _ � .______ __�_�__�___.____ �_____. .. .._._ _ _____._ p� _ .__ __ O � _ S a^b� aaiysdweH � � � -�----- _u______ ___ _____--_____.____ z � � O a �- _ � i 'i. 3 � J � _ ._ �� a� > Q a� � � cv � J i _ __ _ _ _ . � S and /(asaa� , , ; � � . .. _ . . . .. ;...�. ......� � / �-�' � �� ii� r � .: . �, {., �. _��4 1 ' � r �,� �f �.�� .. f � .' - r ��_ i'9f" � .. � !" + A .. �-,_.. >, �� sF ��'. � 5 • .i'q �� 4 ' ..a.. F . . � � hpi�� . � . 1.�•�� {a Y 4 � . �t " . � . .i� ", i - - .. � yyy� �"ti,. � v ..:.i, - ...:.� ,.w., y=. ^. r, ..:. � .y r �\ � i �,�� . . ., �: �� .�� ; -- . . . . � p ��.'�S� y�' __� . . �,I F ��f . . � . ' .• 7 � �h3 f . � v � �� R s ' J• f� ,��"�'�,�t��'�Plil „ �'"' } ��#'� �� .�.&^�!�`i.. '� x "?s � ' s"' ;�5.,. _ `� N �'�$K'4�yrP��,F�"'rt-1y"t"..�. - '• E �'`,9 J -`�l. tM^ �.� . 'r: i•rH \ 4. ti . . ; j -> �� ., r� .S,F...-k-. x.`�.' �',$..'r-� e.e... ..'14,�1\ . � . Looking east from the driveway to Speak the Word Church. Photo on the left is before the temporary parking restrictions went into place. Photo on the right is after. �` � '`� �- � �� .. '.��'�;• �� Y� �_ �'d'�-� '.� �'pV�v � � � �� I �',� � . ,�- .� " . .7�� , . . � .�g.� . .,6; . _ r x Y;� � �t"'"' ' �.wl y ^ f—' - &„r�^ __ �.� : � �, � � t�� '��',� _ -� r�' , t �"'�► � �°�*,-. ; , � .�k `-', � . � �,�a.._= _ _ ,+'+� �� t�� ,_ � . � r � �:y `:� X , . ��'�,��- '�� ; x: � a �j � ��,y� i� �r— k , ` , . . - v , � k �j"��,� �� ...,�.wL �,�..:. 'k R,"�: �: , �s, .,. ,r. .. , . «,„ ;.s�.. ° w�- , t.�. t� - . " � . , . �: � ..<...- ,�, -, . ,. s m ..x,� �, - ,_„ ,...,, � r.�. ��,�., _., . .. ., . .� � Looking west from the Hampshire Avenue intersection. Photo on the left is before the temporary parking restrictions went into place. Photo on the right is after. Resolution 12-41 May 15, 2012 Member introduced the following resolution and moved its adoption: RESOLUTIQN RESTRICTING PARKING ON BOTH SIDES OF LAUREL AVENUE AT THE INTERSECTION OF HAMPSHIRE AVENUE WHEREAS, the City Council has the power and authority, pursuant to Chapter 9.06, Subd. 2 of the City Code, to designate no parking zones and areas, and it appears that no parking zones should be created on Laurel Avenue; and NOW, THEREFORE, BE IT RESOLVED, by the City Council for the City of Galden Valley to permanently restrict parking on the south side of Laurel Avenue fram a point 150 feet west of the center of the Hampshire Avenue right-of-way to a point 100 feet east of the center of the Hampshire Avenue right-of-way; and to permanently restrict parking on the north side of Laurel Avenue from a point 100 feet east of the center of the Hampshire Avenue right-of-way to a point 280 feet west of the center of the Hampshire Avenue right- of-way. Shepard M. Harris, 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 his signature attested by the City Clerk. �1��1 CL�� Pianning Department 763-593-8095/763-593-8109(fax) -�„� �`�.��'�«�:�.-�.� � .R �g.._. �.-�.t��..�--�- �*�--�a:. �r a�.� ---� �- �. �<m..... -_ s..�:��a.= .ur��m�. �,«��.�SZ.�z�.��. �,�'��.._x.s.«.fi.�,�,��.�.. �,��a.,.�M.�� ,.��$:.._.. .�.�... � .�.:.� ��. Executive Summary For Action Golden Valley City Council Meeting May 15, 2012 Agenda Item 3. N. Receipt of Notice of Metropolitan Council Action - General Land Use Plan - Comprehensive Plan Amendment- Highway 55, Harold Avenue, Winnetka Avenue and Glenwood Avenue Prepared By Joe Hogeboom, City Planner Summary At their April 11, 2Q12 meeting, the Metropolitan Council reviewed and approved the City's General Land Use Plan amendment concerning the land bounded by Highway 55, Harold Avenue, Winnetka Avenue and Glenwood Avenue. This land was originally guided for higher density residential use. In 2011, the City Council voted to amend the General Land Use Plan Map to reflect "Low Density Residential" land use for this entire area. Once the General Land Use Plan Map, which is a component of the Comprehensive Plan, is amended, it must go before the Metropolitan Council for regional approval. The final step in this process is for the City ta receive and file the approval letter from the Metropolitan Council. Attachments • Letter from the Metropolitan Council dated April 13, 2012 (1 page) • Report from the Metropolitan Council Community Development Committee dated March 14, 2012 (15 pages) Recommended Action Motion to receive and file the Notice of Metropolitan Council Action regarding the General land Use Plan, Comprehensive Plan Amendment for land bounded by Highway 55, Harold Avenue, Winnetka Avenue and Glenwood Avenue. 'y Metropolitan Council u April 13,2012 Mr. Joe Hogeboom,City Planner City of Golden Valley 7800 Golden Valley Road , Golden Valley,MN 55427 , RE: City of Golden Valley, General Land Use Plan Comprehensive Plan Amendment—Notice of Council Action Metropolitan Council Review File No. 20585-2 Metropolitan Council District 6(James Brimeyer) Dear Mr. Hogeboom: The Metropolitan Council reviewed the City's General Land Use Plan comprehensive plan amendment(CPA)at its meeting on April 11, 2012. The CPA proposes to change the land use designation of two areas located near the intersection of Hwy. 55 and Winnetka Avenue.Area A,(8 acres)is proposed to be re-guided from"Medium-High Density Residential"to"Low Density Residentiat;"Area B(9.75 acres)is also proposed to be re-guided to"Low Density Residential"from "Medium Low Density Residential." ' The Council based its review on the staffls report and analysis(see attached). The Council found that the CPA conforms to the regional system plans for transportation,wastewater, and parks, is consistent with the 2030 Regional Development Framework and Council policies, and is compatible with the plans of adjacent jurisdictions. Therefore,the City may place the CPA into effect. The Council's decision included the following actions: That the Metropolitan Council: , 1. Adopts the attached review record and allows the City of Golden Valley to put The General Land Use Plan Amendment comprehensive plan amendment(CPA)into effect. ' 2. Advises the City to implement the advisory comments for Transportation, Forecasts,Land Use and Housing. A copy of the staff report to the Council is attached for your records. The Council will append the amendment, submission form and supplemental information to the City's plan in the Council's files. If you have any questions, please contact Denise Engen,Principal Reviewer at 651-602-1513. Sincerely, � � �— Phyllis Hanson,Manager Local Planning Assistance CC: Mark Grimes, Golden Valley Director of Planning and Development Julie Monson, Minnesota Housing Tod Sherman,Development Reviews Coardinator,MnDOT Metro James Brimeyer, Metropolitan Council District 6 Denise Pedersen Engen,Principal Reviewer and Sector Representative Cheryl Olsen, Reviews Coordinatar N.�ICommDevILPAICommunitieslGolden YalleylLetterslGolden Yalley 2012 CPA General Land Use plan-20585-2 post-council action.docx www.metrocouncil.org 390 Robert Street North • St. Paul, MN 55101-1805 • (651)602-1000 • Faac(651)602-1550 • TTY(651)291-0904 An Equai Opportunity Employer � Comm+ttee Report CCommunity Development Committee Item: 2012-92 For the Metropolitan Council meeting of March 14, 2012 . . , . . . , � Subject: City of Golden Valley, Comprehensive Plan Amendment, General Land Use Map Amendment, Review File No. 2Q585-5 Proposed Action That the Metropolitan Council: 1. Adopts the attached review record and allows the City of Golden Valley to put The General Land Use P/an Amendment comprehensive plan amendment (CPA) into effect. 2. Advise the City to implement the advisory comments for Transportation, Forecasts, Land Use and Housing. Summary of Committee Discussion / Questions The Community Development Committee first reviewed the proposed amendment at their regularly scheduled meeting on March 19, 2012. At that meeting, the Committee moved, seconded, and approved the amendment with three dissenting votes. At its March 28, 2012, meeting, the Metropolitan Council moved to refer the amendment back to the Community Development Committee for further discussion. At its meeting on April 2, the Community Development Committee reviewed the item again. Legal counsel Dave Theisen presented an overview of the Council's statutory roles and responsibilities and well as the local roles and responsibilities as contained in the Metropolitan Land Planning Act. Theisen explained the standards set for determining a "substantial impact or departure" as contained in the Council's wastewater and parks policy plan. Committee member Elkins asked about what constitutes a substantial impact and about cumulative impacts. Local Planning Assistance Manager Phyllis Hanson discussed about staff's monitoring efforts to advise communities of their standing regarding consistency with Council's policies and potential for system impacts. Planning Analyst LisaBeth Barajas presented the staff's cover memorandum on the item and explained the Council's review authority, reviewing items in the context of the community's comprehensive plan, and how the consistency standards were applied to the proposed amendment. Commitfiee member Elkins asked about land available for multi-family housing available in a mixed use zone in the City, and assumptions regarding development potential in that area. Barajas explained that the I-394 redevelopment area was a separate area from the land guided for Medium-High Density Residential and being counted toward the City's affordable housing need. Committee members Elkins asked what would happen if the City Council reguided other high density land to single-family as well. Barajas reiterated the Council's practice of monitoring amendments that reduce land available for affordable housing and advising c.ommunities of where they stand regarding those standards. Committee member Elkins asked whether other portions of the plan are considered in reviewing plan amendments. Barajas explained that the Council's review practice includes a thorough examination of the amendment in the context of the community's plan and the N:�CommDev�LPA�Communities�Go/den Va//ey�Reports�Go/den Va/ley 2012 Genera/Land Use Plan CPA\Golden Valley CPA 20585-2 Committee Report April.docx Council's pians, This practice includes technical reviewers from across the Council, including reviewers from transit. The Committee discussed the importance of reviewing items within the Council's legal purview, and also keeping these questions in mind as the Council develops its housing policy plan and updates its regional development guide. The Committee also discussed the importance of keeping the Council's authorities in mind and working with our local partners, particularly when they are already exceeding the requirements of Council policies. A motion to approve the proposed actions was made, seconded, and passed with two dissenting votes. N:�CommDev�LPA�Communities�Go/den Va/ley�Reports�Go/den Va/!ey 2012 Genera/Land Use Plan CPA\Golden Valley CPA 20585-2 Committee Report April.docx $ Metropolitan Council � Internal Memorandum DATE:. March 29, 2012 TO: Community Development Committee FROM: LisaBeth Barajas, Planning Analyst Guy Peterson, Community Development Director SUB7ECT: Golden Valley Comprehensive Plan Amendment Additional Information for Discussion At its March 28, 2012, meeting, the Metropolitan Council referred the Golden Valley Comprehensive Plan Amendment (Business Item 2012-92, Review File No. 2085-2) back to the Community Development Committee for further discussion. In light of guidance provided to staff, Council staff is providing additional information regarding the Council's roles and responsibilities in reviewing CPAs in general and in relationship to this particular amendment. Statutory Authority As discussed in the staff presentation to the Community Development Committee at its March 19, 2012, meeting, the Metropolitan Council's review authority over comprehensive plans and amendments thereto falls under three categories: 1. Conformity with regional systems 2. Consistency with Council policy, and 3. Compatibility with the plans oF adjacent communities. Minn. Stat. §473.175 grants the Council these review authorities and directs the Council to review the comprehensive plans and its amendments for '�compatibility with each other" and "conformity with metropolitan system plans." Section 473.175, subd. 1 further directs the Council to "review and comment on the apparent consistency of the comprehensive plans with adopted plans of the Council." In addition, the Council's may deny a comprehensive plan amendment or require that the local unit of government modify its plan under Section 473.175, subdivision 1, "if, upon the adoption of findings and resolution, the council concludes that the plan is more likely than not to have a substantial impact on or contain a substantial departure from metropolitan system plans." Having recently undergone and completed the 2008 comprehensive plan update process, the plans of local units of governments have been thoroughly reviewed and analyzed for their conformity with regional systems, consistency with Council policies, and compatibility with the plans of adjacent jurisdictions. As part of this process, and before the Council took any action on these plans, the community's plan has to be determined "complete for review." This completeness determination was based on the requirements of a comprehensive plan as contained in Minn. Stat. §473.859, procedures adopted by the Council and detailed in the Loca/ Planning Handbook, and in the context of having sufficient information in order to properly analyze the plan for conformity, consistency, and compatibility. Because the local comprehensive plans have been reviewed as such, amendments to those plans are viewed in the context of the community's adopted plan. While an individual amendment may be inconsistent with a Council policy, the amendment is reviewed in the cumulative and in the context of the City's adopted plan and its amendments. For example, an individual amendment may be inconsistent with the Council's density policy for sewered residential development. That amendment is taken into consideration with the remaining planned sewered residential areas in the city along the city's recorded densities of sewered residential development. Overall, if the city's plan with the proposed amendment remains consistent with the Council's density policy, the Council allows the amendment to be placed into effect, but advises the community of their overall lowered density and the potential for falling below the Council's density threshold. Subsequent amendments that worsen the situation may be denied. This practice provides local communities with the discretion to balance the need to address regional concerns with local needs and concerns. Administrative Review Procedures The Council has adopted guidelines for administratively reviewing Comprehensive Plan Amendments. TMe Council authorized the Regional Administrator or designee to administratively review minor comprehensive plan amendments, and the Metropolitan Council Environmental Services (MCES) General Manager to administratively review local water management and water supply amendments, provided that they meet the criteria outlined below. This section is limited to minor comprehensive amendments, which must satisfy all of the following: 1. Meet the submittal requirements of the Metropolitan Land Planning Act for content or be determined to be complete for review by the Council. 2. Be consistent with local applicable controls or the jurisdictions supplies evidence that the local controls will be modified to be consistent with the proposed amendment. 3. Be within 5 percent of the Council's forecasts. 4. Conform to the regional systems plans. 5. Be consistent with the MUSA guidelines if residential units are proposed. 6. Be consistent with the Council's 2030 Regiona/ Deve/opment Framework. 7. Be consistent with the Council's housing policies. 8. Be compatible with the plans of adjacent jurisdictions. 9. If an adjacent jurisdiction is potentially impacted by the amendment, the Council has received documentation that the adjacent jurisdiction has been notified. 10. Propose a land use change of a size less than 80 acres, unless the land use change is for Agricultural Preserves enrollment. 11. Propose a land use change that will result in less than 100 housing units. 12. Or propose a land use change to guide land at no more than one unit per 40 acres to meet the requirements of the Agricultural Preserves Program (Minn. Stat. Ch. 473H) 13. Does not have the potential for a cumulative impact. Review Findings Council staff found the amendment to conform to regional system plans, be consistent with Council policies, and be compatible with the plans of adjacent and affected jurisdictions. The staff did not find that the proposed amendment would cause a "substantial system impact," the review standard for system conformance. Taken alone, the proposed amendments appear to be inconsistent with Council policies for residential development densities and for accommodating forecasted growth and affordable housing. However, in the context of the entire City, the Comprehensive Plan is consistent with the Council's policies and conforms to regional system plans. The City has the discretion to make local land use decisions so long as they do not substantially impact regional systems or make the entire City's plan inconsistent with Council policies. Local land use decisions that are guiding at lower densities are balanced with other areas in the City with guiding at higher densities. Forecasts • Local communities are required to provide sufficient land through guiding in their comprehensive plans to accommodate their forecasted growth. • The City is forecasted to grow by 600 households from 2010 to 2030, with 200 new households between 2010 and 2020. o The 2030 Comprehensive Plan guides sufficient land overall to accommodate the City's forecasted household growth through 2030, with a capacity range of 3,120 to 20,452 total households. o The proposed amendment reduces the City's capacity by approximately 300 units, but still leaves the City with sufficient land to accommodate their forecasted growth, with a capacity range of 3,120 to 20,265 total households. o As amended, the 2030 Comprehensive Plan will still add enough new residential land guided land to accommodate the City's forecasted household growth through 2030, with a range of 722 to 1,290 new households. Housina • Through the comprehensive plan update process, the City provided the statutorily required components of a housing element for a comprehensive plan, along with guiding land uses sufficient to provide opportunities to accommodate the City's share of the region's affordable housing need. • The City's share of the region's affordable housing need through the year 2020 is 104 affordable units. • It is the Council's practice to count land guided at densities of at least 6 units per acre and higher toward providing sufficient land to accommodate a city's share of the affordable housing need. � In the 2030 Comprehensive Plan, the City guided 60 acres of land for Medium-High Density residential development at 12-20 units per acre. This guiding allows for a range of 720 to 1,200 units to be accommodated. o With the proposed amendment, 8 acres of Medium-High Density will be reguided to Low Density, leaving 52 acres available for Medium-High Density. With 52 acres, the guiding al�ows a range of 624 to 1,040 units. o With the proposed amendment, the City still has sufficient land to accommodate its share of the affordable housing need. Transit • The 2030 Regiona/ Development Framework (RDF) directs Developed Communities to "provide for additional growth, particularly at centers along transit corridors" and to '�plan land use patterns that support transit service and development." + The RDF directs Developed communities to accommodate forecasted growth at an overall residential density of 5 units per acre and to target higher densities in locations with convenient access to transportation corridors and with adequate sewer capacity. o Neither the RDF nor the 2030 Transportation Policy Plan set specific standards for residential densities or development intensity along transportation corridors. In addition, neither one defines "center" or "transit corridor," leaving both terms and their application ambiguous. Conclusions As discussed above and provided in the staff report, the proposed amendment does not represent a substantial impact to the Council's regional systems and therefore conforms to the Council's regional system pians. The proposed amendment is a relatively minor change in the context of the City's entire comprehensive plan and its total planned development. The City's Comprehensive Plan, with the proposed amendment, remains consistent with the Council's policies. Committee Report CCommunity Development Committee Item: Zo�z-9z Por the Metropolitan Council meeting of March 28, 2012 . � • ' �• . � Date Prepared: March 21, 2012 Subject: City of Golden Valley, Comprehensive Plan Amendment, General Land Use P/an Map Amendment, Review File No. 20585-2 Proposed Action: That the Metropolitan Council: 1. Adopts the attached review record and allows the City of Golden Valley to put The Genera/ Land Use P/an Amendment comprehensive plan amendment (CPA) into effect. 2. Advise the City to implement the advisory comments for Transportation, Forecasts, Land Use and Housing. Summary of Committee Discussion / Questions: Council staff Denise Engen introduced the amendment, and presented a summary of the CPA and requested action. Council Member (CM) Smith expressed concerns about the potential effect of reducing housing density on the City's ability to meet its affordable housing goals, and asked whether the City would be able to do so after this amendment. Ms. Engen replied that the City has guided enough high-density land elsewhere in the City, particularly along the I-394 corridor, to meet these goals. CM Wulff expressed support for the amendment and commented that the City had little control over redevelopment of land unless there were willing sellers, and that the City was supporting the residents' desire to keep their neighborhood as it is now. CM Elkins asked about development proposals on the sites, and about the status of land ownership in the CPA areas. Golden Valley Community Development Director Mark Grimes explained that the City had received some inquiries about proposed senior housing, but that no plans were finalized, and that there was current interest by a developer to put in single-family homes on smaller, denser lots. Mr. Grimes explained that ownership varied from private individual homeowners, to a developer in Omaha, to developer and individual properties in foreclosure. CM Elkins expressed agreement with CM Smith about the decline in density and concern for providing higher density housing. CD Director Peterson explained that the City, in its comprehensive plan, had guided several times the amount of high- density land as needed to meet its affordable housing goals. Peterson commented that the effort to revise the Regional Development Framework provided opportunities to for the Council to explore linking density requirements to locations proximate to transit, and to explore providing incentives, requirements and enforcement tools. Committee members had na further questions. A motion to approve the amendment was made and seconded. The Committee approved the amendment with three dissenting votes. N:'tit°:vrnr;lC>ev�,f..PAjC;o;rtr�lc�r�itie5�,i:Tc�(r��;t Valfey�Repartsll,t�tr�era 1l�!!ey 1t�.T1 G�r7rr��1 t.�r7ci Us��'tc�r� C"YAiC:3�1�'en V�llev CflA 2£�a8_'i-2 Comn7ittc�e:�Rc��G�rt�tprif.ciacx Business Item CCommunity Development Committee Item: zo�2-92 Meeting date: March 19, 2012 For the Council Meeting of March 28, 20i2 . � � • � . . � Date: March 14, 2012 Subject: City of Golden Valley, Comprehensive Plan Amendment, Genera/ Land Use P/an Map Amendment, Review File No. 20585-2 District(s), Member(s): District 5, James Brimeyer Policy/Legal Reference: Minnesota Statutes Section 473.175 Staff Prepared/Presented: Denise Engen, Principal Reviewer (651-602-1513) Phyllis Hanson, Manager, Local Planning Assistance (651-602-1566) Division/Department: Community Development/Planning & Growth Management Proposed Action That the Metropolitan Council: 1. Adopts the attached review record and allows the City of Golden Valley to put The Genera/ Land Use P/an Amendment comprehensive plan amendment (CPA) into effect. 2. Advise the City to implement the advisory comments for Transportation, Forecasts, Land Use and Housing Background The Metropolitan Council reviewed the City's 2030 Comprehensive Plan (Update), Review No. 20413-1, on May 26, 2010. This is the City's first CPA since this review. The 2030 Regional Development Framework identifies the City as a Developed Community. The CPA proposes to re-guide two areas located at near the intersection of Hwy 55 and Winnetka Avenue. The City proposes to re-guide Area A, (8 acres) from `�Medium-High Density Residential" to "Low Density Residential."Area 8 (9.5 acres) is also proposed to be re-guided to ��Low Density Residential" from ��Medium Low Density Residential." The sites currently have 30 existing housing units. Rationale The proposed CPA conforms to regional system plans, is consistent with Council policies, and is compatible with the plans of other local communities and school districts. Funding None. Known Support / Opposition None known. CV;kCu;n�rtC)�v�,t..PAl�;t?rr�rntrrritr�s'�Crolcier� Valfey�R�ports�C,c71dNr7 V�Itey 1t?.11 G�nt>r:�t[_c�r�c1 tl5r Plc�r� C:f>A1C;rald�r� V�;i;ey C'1>/1 2t3a8S-2 �urr��ittu'e�F2e/�vt-t>1pr;f.cfocx REVIEW RECORD City of Golden Valley, Comprehensive Plan Amendment Genera/Land Use Plan Map Amendment Review File No. 20585-2, Council Business Item No. 2012-92 BACKGRQUNb • The City of Golden Valley (City) is a first-ring suburban community of approximately 7,040 acres, or 11 square miles, located in Hennepin County. It bordered by the cities of New Hope, Crystal and Robbinsdale on the north, Minneapolis on the east, Saint Louis Park on the south and Plymouth on the west, (Figure 1). • The 2030 Regiona/ Development Framework (RDF), as adopted by the Metropolitan Council (Council) in ]anuary 2004, identified Golden Valley as within the "Developed Community" geographic planning area. • The Metropolitan Council reviewed the City's Update, Review No. 20585-2, on May 26, 2010. This is the City's first CPA since this review. RE UEST SUMMARY The CPA proposes to re-guide two areas located at near the intersection of Hwy 55 and Winnetka Avenue. Area A, (8 acres) is proposed to be re-guided from "Medium-High Density Residential" to ��Low Density Residential." Area B (9.5 acres), is also proposed to be re- guided to '�Low Density Residential" from "Medium Low Density Residential" (Figure 2). The sites currentl have 30 existin housin units. OVERVIEW Conformity with The CPA conforms to the Regional System Pians for Parks, Regional Systems Transportation (including Aviatian), and Wastewater, with no substantial im act on or de arture from these lans. Consistency with The CPA is consistent with the Council's 2030 RDF, with water Council Policy resources management, and is consistent with Council forecasts. Compatibility with The CPA will not have an impact on adjacent communities, Plans of Adjacent school districts, or watersheds. Communities PREVYOUS COUNCIL ACTIONS • The Council acted on the City's 2030 Update on May 26, 2010. 1�:�,L`�r;�rrrC�ev�LPl`iCamr?��cu�rtiesiGol�,cr? Vai;r:�y4Rc�portslGatc;c;: Vai��,>y '1012 C�e�i��ra!L�r>c�Us�.�l'iarl CPAtvvlcic�,-� ��;icy Cf'fi 2t�S�35-2 C.,c;rnrnrtt��Rc:�nrt��rii:c�rex ISSUES I. Does the amendment conform to the regional system plans? II. Is the amendment consistent with the 2030 RDF and other Council policies? III.Does the amendment change the city's forecasts? IV. Is the amendment compatible with adjacent local governmental units? ISSUE ANALYSIS'AND' FINDINGS CONFORMANCE WITH REGIONAL SYSTEMS REGIONALPARKS Reviewer: Jan Youngquist, CD - Regiona/Parks System P/anning, (651-602-1029) The CPA conforms to the 2030 Regiona/ Parks Policy P/an. The CPA area is within .5 mile of the Luce Line Regional Trail, although the amendment is not anticipated to affect the regional trail corridor. TRANSPORTATION Roads and Transit Reviewers: Ann Braden - MTS(651-602-1705), Steve Mahowa/d- Metro Transit(612-349- 7775) The CPA conforms to the 2030 Transportation Policy P/an (TPP). Please note the following comment for transit. • Advisory Comment Area A is within �/a-mile walk of transit service for Routes 705 and 755. The re- guiding of Area A from Medium-High Density Residential to Low Density Residential is could reduce potential future transit use. WATER RESOURCES MANAGEMENT Wastewater Service Reviewer: Roger Janzig, ES - Engineering Services, (651-602-1119) The CPA is in conformance with the Water Resources Management Policy P/an (WRMPP) for Wastewater. The Metropolitan Disposal System has adequate capacity to serve the project at this location. Surface Water Management Reviewer: James Larsen, CD, (651-602-1159) The CPA is in conformance with the WRMPP for local surface water management. CONSISTENCY WITH COUNCIL POLICY FORECASTS Reviewer: Todd Graham, CD - Research, (651-602-1322) The CPA is consistent with regional policy for forecasts. Please note the following. N;i,C':�;rn?;7,f��;�aLl�l�;t'�vn7rrfu;�itie�;C�v;t�e.�r7 l�t�if�ayiRe,��orf's;t�alc,c:n Va?Ic;y 2fJ12 Ger�era!L��f.ise,>J'ian C:�'AiC�c>rticrt i1:3?i��Y CF't1 20565•2 �o;�7mttt�xx�Rt pcart A#�r°�l,r�ocx • Advisory Comment The CPA Submittal Form indicates that the City expects "no change in community-level forecasts." Council Research staff finds that the change in land guidance could lower Golden Valley's build-out capacity by -300 households, potentially affecting Golden Valley's ability to reach the 2030 forecast of 9,600 households. Council Research staff agrees to leave the forecasts unchanged. Staff advises the City that in 2014 the Council expects to revise forecasts for all cities and towns. 2030 REGIONAL DEVELOPMENT FRAMEWORK AND LAND USE � Reviewer: Denise Engen, CD - Loca/ P/anning Assistance, (651-602-1513) The City's 2030 Comprehensive Plan Update (CPU) as reviewed in May 2010 is consistent with the Regiona/ Development Framework (RDF) policies for developed communities. The review record for the CPU noted that, "The RDF states that developed communities need to 'accommodate growth forecasts through reinvestment at appropriate densities (5 units plus in developed areas and target higher density in locations with convenient access to transportation corridors and with adequate sewer capacity).' Therefore, the City will be expected to meet densities of at least five units an acre through reinvestment, redevelopment, planning and zoning." The CPA re-guides parcels A and B to '�Low-Density Residential", which oniy allows development less than five units per acre (u/ac). The previous designation of *�Medium-High Density Residential" in Parcel A allowed 12-19.99 u/ac; Parcel B was designated ��Medium-Low Density Residential", which allowed 5 to 11.9 u/ac. The CPA areas are located on Highway 55, a principal arterial. The parcels reflect the current land use and the proposed Low-Density Residential land use designation is consistent with the City's previous 2020 comprehensive plan (Figure 3). • Advisory Comment Where appropriate and when redevelopment opportunities occur, the City is encouraged and expected to meet densities of at least five units an acre thraugh reinvestment, redevelopment, planning and zoning. HOUSING Reviewer: Linda Milashius, CD - Livab/e Communities, (651-602-1541) The CPA is consistent with regional policy for housing. CPA proposes a land use designation change on two parcels (17.5 acres) from Medium-High Density Residential and Medium Density Residential to Low Density Residential. While this is a reduction in the amount of higher density residential land that may be available for the development of affordable housing, this change does not pose any major impact to the City's ability to address its 2011-2020 share of the region's affordable housing need of 104 units. The City's CPU guides 60 acres of land at higher densities, at 12-20+ units per acre, which provides sufficient opportunities through the designation of higher density residential land to address this need. Please note the following comment. • Advisory Comment N;;Cor�?r7xL?eviLl�l�S�or��rt��r.r�7itic5`,GaJu'�r7 VG3lIeyiRc�ortsltxofcrer7 Ua11�:y 2CJ12 C�*yr��ra!Lan�Us�:�!'lar� C�'AiGc!:�err U431i�,=Y C;Y'�fi 2C�5�3�_2 Cr�rnrnitt�e �ieror�A��rfl,��Yocx The City is advised that future reductions in the supply of inedium-high and high-density residential land could adversely affect the City's ability to address its affordable and life-cycle housing goals. WATER SUPPLY Reviewer: Lanya Ross, ES - Water Supply Planning, (651-602-1803) The CPA is consistent with the WRMPP for water supply. The City of Golden Valley has an updated water supply plan, which covers all cities served by the Joint Water Commission (Golden Valley, Crystal, and New Hope); the MN Department of Natural Resources approved this plan in 2009. The amendment will not change projected water use from the Joint Water Commission's current water supply plan. Both areas being reviewed are entirely within the City of Golden Valley's Drinking Water Supply Management Area (DWSMA), which has been delineated as low to moderately vulnerable by the City and the Minnesota Department of Health. Planners and developers working in these areas should be aware of the City's Wellhead Protection Plan. The Council encourages the City to continue to implement water conservation programs and measures in an effort to promote the efficient use of water. Re- development always presents opportunities to implement new water conservation as part of construction and site landscaping. 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Finance Deparfiment 763-593-8013/763-593-8109(fax) ,�:. sx..:�'�'_...,.�,....�;z��:-�.m�:�z.^�a.�`��,L{�*a;��w�'�a�.a=:;'-�ry-......... .. .....��'�°'�„�"��a�,.. . ," ..�.W o�,a:.�,aa,.'..:::s.. ° �3� r � ..:._�;��il��'. . `"v:�.. ��:«n�.,�...m.f�ro — .. �d4mefi,..:..�.:__. .,.�.... Executive Summary For Action Golden Valley City Council Meeting May 15, 2012 Agenda Item 6. A. Acceptance of Donations - North Tyrol Park-Additional Tree Plantings Prepared By Sue Virnig, Finance Director Summary Last May a tornado went through the North Tyrol Park Area. There was significant damage to park equipment and landscaping. AI Lundstrom has been working with the neighborhood on a replacement plan for the landscaping. Because the insurance reimbursement did not cover tree replacement, the City will need time to replace all plantings. Curt Olson, a neighbor, would like ta spearhead donations for additional plantings. A map of plantings is attached. Minnesota Statutes 465.03 and the City's donation policy states that a resolution needs to be approved by the majority of the Council before a donation is accepted. Staff has recommended this project be added to the ongoing donation list. Attachments • North Tyrol Tree Planting Map • Resolution Accepting Donations for the North Tyrol Park and Add to Ongoing Programs Recornmended Action Motion to adopt Resolution Accepting Donations for the North Tyrol Park and Add to Ongoing Programs. �� 94'� . ,� T�r � }� x� . 'q t $ ;�� `�`` £�� ; .,� �;,� � ��' ♦ r ,� �yay,� �!r �r .1 k ° �"w� � '� ` y 'k'N'��'i .��i.'S '� , . 't' -�� ' "'w "�f" ♦ t4�}i�°` flF �,t:",A -.�F ,' �'�• � .. .. d.*; 7 .1� � � .��. � #. �r� `�t `�, +� .,�r_. � u� .+P%b :� �a#-''i. 3 , � ,,�� p �1� � � �f��• ,� t `i.� , -� � �' , ' )� �f �� .�, `�� ft�� ` � � ' .'•- � �' . � t :1 � � __ ..� ,�.. �7 'sa€.�_" �.' ' - . ��I; . _ £ . � . . . � ' . . . , .. r� . . � ��4�� . . �� , � , 7 . 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' _ w'•�. � ��,;�� ;w''��'°'{ «� `"� _ Y� - �� ' , - ''�, . �. � `�'� « , `° °:�� ,,,e� - I�ortt��Tyrol Park �� , +� F �. ,��. A,,�, ' �`� ` � 'R ,� ° : v .>. '4"�'p'° � i a` i ' } r�...' � �, . , `",�kiy ' '$ � � , ," �� h°:'•� `$r.�,: •� . �' . .. <.s� �,_ . � ,,��,,,�� . .4' m�� 'a�T�,. ;� - ��i '��w�„ � . '.��,m `�� r•�. � � �y4 t A ' d.� � wya �' + � � �*� ',�� "' g s '�� 5 - .l � �Y #> ,� 't� �'�' �� ''�'', �. ' � ,� ,� '-�"•`� ,, `, • :;,,,,� °' ,, - �� 4 r � ' `��aR,4 . � .�Myyt- . � . , � Y ^. .. +� � �� .T,.� h� �Y� ;� � �/ - d� � . j "� . 5 .: , .. � . ` - � � '. � 'F• ��'. µ, ��' . • �4� � , . . �� .� `' ' 3 . " . � ', ��r ., .-�:'.. 3 . �' .. ri; � � +' � � ' . �� '�� * 4�.,.�1�\ �t e °<'T a R ,�,1°. a�' � a �' < ' *„'� a�i - , �, ' .. y"�;L � a . � �',� " . � . , . . Jo , rr�. �� s� 4 � re.�+.,�' `y � ,,.✓: �r ..�.s�. r„Wr'� � �.'�j �+ • . � ,�.'.� ,�1'.i . � 4.;. .' . �G,_„� ,�" �'�„.e . � Y"�� 4� ., � �.y „ '4a �{r •. ,��„a, S. L. '"A �. i✓ �. �f N + ea ` _` y . . �� y �� 'y+ � � 5 :. � §. �� 1'»... . .;4 �., � 4..k .yt ,+ � � . k� 3 ., n M1 ah �y � � �„3..'.�k; .9• � .;�.,,. . "'. '� M1 �,� ' `.�� . � � '., +� a a � • .. .._ .. ' '. .:. �.. i. - �. Y .y�..y i.} :�� JR+w.fi -F x � Proposed Tree P�lanting Locations ��:> -��.�'� ��'�� ''� ��`�� , � � � �'�� > � � ,. o Donated Large Spaded Trees (7" Diameter) '`'�„ � ` � ! . : ��< „��,� � : .,� °� �,�,`��.� , • Deciduous Trees Planted with Grant (2.5" Diameter) , � + � �- �` ' �- � Coniferous Trees Planted with Grant (2.5" Diameter) '�•�, '._'� �;, �'�� : � �,_ .`�`�� , �� , -�,��,°��. �� a • Existing Deciduous Trees (Planted 2011) �� '�`�`y� �� ' � . . Pnnt Date:5/3/2012 North Tyrol Park S°u.�es `'��p� Hennepin County Surveyors O�ce for �>��1 7� Property Lines(2012). T■ �� I a n t i n� Markhurd for 2-Foot Contours(2008) e 0 30 60 120 Disclaimer. This is not a legal certificate of rvey. Feec Resolution 12-42 May 15, 2012 Member introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING DONATIONS FOR THE NORTH TYROL PARK AND ADD TO ONGOING PROGRAMS WHEREAS, the City Council adopted Resolution 04-20 on March 16, 2004 which established a policy for the receipt of gifts; and WHEREAS, the Resalution states that a gift of real or personal property must be accepted by the City Council by resolution and be approved by a two-thirds majority of the Council. A cash donation must be acknowledged and accepted by motion with a two-thirds majority. NOW, THEREFORE, BE IT RESOLVED that the City Council will accept donations for the North Tyrol Park and recognize all donations at the end of the year as an on-going program. Shepard M. Harris, 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 his signature attested by the City Clerk. R.�$k^ Y L./� �9 `�g', y i � � Planning Llepartment 763-593-8095/763-593-8109(fax) .F W��.��::x.:�.,�' . . .. '�:.��;� "° ��' ��;i�, �� ir#,�, _°�„�.:rd: : , _ .. '��:�::�'�� Executive Summary For Action Golden Valley City Council Meeting May 15, 2012 "60 Days" Deadline:June 30, 2012 Agenda Item 6. B. Authorization to Sign Amended PUD Permit - Meadowbrook School - PUD No. 90 - Amendment No. 1 Prepared By Joe Hogeboom, City Planner Summary Hopkins Independent School District 270 has requested a Minor PUD Amendment to allow for the addition of 654 square feet of office space to the school. The addition would coincide with an interior renovation that would reorganize and expand administrative office space. PUD No. 90 was adopted by the City Council on December 19, 2Q00. The PUD was established to allow the City and the Sehool District to build the Davis Community Center following the relacation of Turner's Crossroad and Xenia Avenue. There have not been any amendments to the PUD since its inception. Because Meadowbrook School is guided by a PUD, all development within the property must be consistent with the PUD permit and the plans attached to the PUD permit. The current PUD plans do not reflect the proposed additional office space, so they must be amended. Staff has determined that the proposed amendment may be considered as a minar amendment to the PUD. In order to qualify as a minor amendment, the minor amendment has to meet an eight point test. The proposed amendment meets the test. The proposed minor amendment shall nat: 1. Eliminate, diminish or be disruptive to the preservation and protection of sensitive site features. 2. Eliminate, diminish or compromise the high quality of site planning, design, landscaping or building materials. 3. Alter significantly the location of buildings, parking areas or roads. 4. Increase or decrease the number of residential dwelling units by more than five percent. 5. Increase the gross floar area of non-residential buildings by more than three pereent or increase the gross floor area of any individual building by more than five percent. 6. Increase the number of stories of any building. 7. Decrease the amount of open space by more than three percent or alter it in such a way as to change its original design or intended function or use. 8. Create non-compliance with any special condition attached to the approval of the Final PUD Plan. The City Council has the right to approve the amendment by a simple majority vote without a public hearing or to refer the matter to the Planning Commission for their input and recommendation. Because of the extremely minor impact of this proposal, staff does nat think it necessary to have Planning Commission or public input. Staff would like to use this opportunity to address a site maintenance issue, outlined in the Public Works Department report and included in the PUD amendment. Attachments • Location Map (1 page) • Proposed Site Plan (1 page) • Underlined/Qverstruck Meadowbrook PUD Permit #90 (3 pages) • Memo from Public Works Specialist Eric Eckman dated May 9, 2012 (11 pages) Recommended Action Motion to authorize the Mayor and City Manager to sign the amended PUD permit for Meadowbrook School, PUD No. 90, Amendment No. 1. _�._. w � � .� .�. _ ._ �._ � _ � _ � . . . _ �_ _ __ � �_ u � � -- .s_.�_ , � � , �, t i __ � � _. �8tate Hw No.5 -� �- � Y 5 q �' � � � � in �� c,� � �� —Olson MQrr�anal Mw}+- � � �`��`{a, \; : a �V•� �'� �` "`_-.=-�_,., . �� ,�,�J � 1 ( � � . ,� , m 'y . i ,, Cj',� . D r,� 1 t .'- -a� u+ ,;`c fly t� '�•ti � r ,�;,r�� `� VelteywvadC'tf, .� '\, p z' o ti.�� Y ,i... _ .. -�,,,� �.,�1 � � , o �'j - � z , y� � °, % '-7.r j , ,r.- dw Office Prxrr! �, Fwt vod ` �� v ." P x ��i� /., ,,,,.. -" � �. , � � 1�� •. o `.-., .__ .� �rWoodstock Avc{ 1' _ . r � � , � : -.. _.. __ — �. .- � � n � �Y45�Etrif�R P�Pk_ V1'oodstack Ave _ _.. 6� a � �� : y ��.�:t U`��'J � \� "�'�`, 9 � ' I , }�'.ti� �'"��.�„''``I t � `� . ��l .'� '�-�`'"�� ! �,.,^ / �m � �,.,—• f,,,,_.,^ , � � } x_ ...,. ,.�.Pf�tR�E,.B.�-., �. . . +� , �„ � 3 � . •. �� •-' I J 4 ,. � O �4 1 � 4.---.� 1� � _. �. e_ � ; �...-'" �r';;,^'''"`^� � ° ' s r , � � Lpc�� '�-8�ck�nd� 1 '��:=._ E ,�, ��; ' � 1 _"'`�;�.� '� ° � / � � \ `i' i � r , L �� . ��.. /l:�j � � ` f �! j� ll/ %/ ! l/ .�,��, : ,;a ,,�,f,';%„r .k Subject Property '� /� ,,,,,,,,,;,;, , ��TI��— ' F � lf�//I/_'��/ 1/ . . . �{ �, .� �/'� ' ii��/4 /f��fi-- � +�� i i�� r iir i .. A�� .�. •� Tetrneva Poutd,/ �a, �rr.,`�,r�,;rr G�,�� .. � `... �,/" ,4"a� ; i/i fii iji ri�/j �i �. �.,� "^-_ ' ��. � �ii/i�i��j��ff iii i��j��i � 5�. .. � �� `-^*.��---"'�1 `�-� . ��%J/��'�%�j�/��'ir��/ \�� °^,�"�. », . � `% %��%ii�%��ii'i'�;ii�� ,, - e . L'FIS�DY N - ,� """"'""_ ; � f/i i� l''!�/. � �\ f � � ,. ,. ) G%r�1 Pand, � �/�� W �� ` - :' /�f;;f S'ro, .� " `° . .,__ _.. .,..... .. ... ._ -•_ �J�ii � fN FiilCfl�W�d .» � .. __ ._ .n _, __ ._ - ` ,�. - , . ... �+� . !C � - ; ...y . i �� ;% ° � ° �! �`� ,y . �v .W �teCfi Pond ,�' � --" , �''-•,,, . . ,� Q ,% � � -- 4 r � � �. � o � = o � � - (. I�`'�' 1` `�- - .. �_ ,� o °" , - t '" � �'"GlenwQOd Av�_� _. U—�—�� {r r � _ � �' RBvrne FU�lt'J o'� �,. , �, � � �'� { � , � "� ' ��J � � � � _�. ._ � � �� ,� t"'� �`�'.� U9 � _ � � � � �` ., •,� ` `Otta�o»d� '`{„ * '-`-�__)> j Jg�r+e!tlrlFs Po»5� �� ,� � c # ,l`�,�� h`',,� < `'. �----• ; � :XeFria Mrirg�rtran Pwrd v� } �� .� �`7ke Parid��`� ^.,''�� --�"' �r , �- ; � � � � � � � , � � � �� x , Xeni�Avenue Pond� a �'- _._�.�1� 9�t+''j� � � d '`� � � `� _.Coltini��Cirw. ._ , �__'� , �,� � f y; `" "1 t�t--�"',� � `. � {� � � 4 5�., I� �.4�,r��. ,�°.C.� �� w' -, ,J N�,, � .Y��, , �,,� �'� o �! �_�_._..___� � ` � `�. � s �o _r r�,t�_,,_,_� ... LauretAve . . � \.- �,�'"� .+„\ s -+— �--,,/+ i i Ss,�\, - � ' . �' l ` ._` � .�,,,- ��,,� r .,� � ,,, _, . . � f��1' l ``l`�� ..`�4, ,`�,Y J� �.. � t � .�`�` -T � , . : - J � ,: , � � Radisson Rct."_ .° `� °°'`� � Calanizrl Parrd - ', , ' U.��.*,�,�c�,� ��:�.=��.,�� ; �--.. f i I I� �'` � , 1 s `,, , �� . i ai � , m � � � � �a� 9 � ,_,-�,_ _ � �� N Z' .� C a�'{Z m � � w <� t s 3 �� _ o � � m I � tt � � N = +- p N U - w � I � 4 � � Z � a �I � i Meadowbrook School, PUD No. 90 City Council Approvai: December 19, 2000 City Council Approval Amendment#1: May 15, 2012 City of Golden Valley, Minnesota Use Permit For Planned Unit Development Project Name: Meadowbrook School, PUD No. 90 Location: 5430 Glenwood Ave., Golden Valley, Minnesota Legal Description: , . Lot 2 Block 1 Meadowbrook School P.U.D. No. 90 Applicant: ISD No. 270 Hopkins Public Schools (1001 Hwy 7, Hopkins, MN 55305) ., , Zoning District: Institutional (I-1) Permitted Uses: Elementary School and Community Center with Gyms Components: A. Land Use 1. The following plans prepared by Cunningham Architects on file with the City of Golden Valley are made a part of this permit: Site Plan dated 10/18/00, Code Analysis Site Plan dated 10/18/00, Grading Drainage and Utility Plan (by Van Sickle Allen and Associates) dated 10/18/00, Planting Plan dated 10/18/00, First Floor Floor Plan dated 10/18/00, Building Elevations dated 10/18/00. The plans for Amendment#1 prepared bv tanek dated 4/3/12 are also made a_part of this ep rmit• 2. Amendment #1 allows for a 654 sauare foot office space addition. 3. Permitted uses include an existing 60,000 sq. ft. elementary school and a 23,800 sq. ft. community center with two gyms connected to the school. The community center will be used by the School for regular school activities, early childhood family education, and for other school activities. The City will also use the community center for recreation activities. B. Appearance 1. The Planting Plan prepared by Cunningham Architects and dated 10/18/00 shall be a part of this permit. This Planting Plan is subject to subsequent review by the Building Board of Review and any additional revisions required by that body, which shall also establish the amount of a performance bond to be posted by the applicant. �"7Z'wT 3. All signs for the school campus shall meet the sign requirements for a school in the I-1 (Institutional) zoning district. 4. All trash containers shall be screened or enclosed as indicated on the site plan. C. Construction, Grading and Utilities 1. The memo dated 8/23/00 and prepared by the City Engineer shall become a part of this permit. Also, a Storm Water Quality Treatment Facility Maintenance Agreement and Parking Lot Maintenance Agreement shall be signed by the School District prior to any certificate of occupancy granted for the Community Center. 2. The memo dated 8/16/00 prepared by the Deputy Fire Marshal shall become a part of this permit. 3. The memo dated 5/9/12 pre�ared by Public Works Specialist Eric Eckman shall become a part of this permit. D. Subdivision 1. The name of the final plat shall be Meadowbrook School, PUD No. 90 2. The final plat shall indicate drainage and utility easements as required by the City Engineer. It is hereby understood and agreed that the Use Permit is part of the City Council approval granted on November 21, 2000 and Mav 15, 2012. Any changes to the PUD Permit for Meadowbrook School, PUD No. 90 shall require an amendment. r�TV nc �ni n�� vn� � �v uni�ci�r� AA111 CC11C\/CI r1D11ACA1T Al ITLIr1DITV �+#�ES�: Q.,• (�I�rir+ I l�hn �n f h�ir . � Il..4c• �I�E?S�: , r�.,• . ��T26�6�" � n�+o• ISD #270 HpPKINS PUBLIC SCHOOLS Witness: By: Title: Date: CITY OF GOLDEN VALLEY Witness: By: Shepard M. Harris, Mayor Date: Witness: By: Thomas D. Burt, City Manager Date: WARNING: This permit does not exempt you from all other City Code provisions, regulations and ordinances �� e� � ��. �.'� Public Works Department 763-593-803Q/763-593-3988(fax) Date: May 9, 2012 To: Mark Grimes, Director of Planning and Development From: Jeff Oliver, PE, City Engineer /� Eric Eckman, Public Works Specialist �.�� Subject: Review of Minor PUD Amendment—Meadowbrook School Public Works staff has reviewed the plans for the proposed Minor PUD Amendment for Meadowbrook School located at 5430 Glenwood Avenue. The plans are for a 654 square foot building shell addition and entrance modification. Based upon the ptans submitted,the extent of the site work for this project is minimal and will require only a City Stormwater Management Permit for the land disturbance. However, staff would like to take this opportunity to remind the owner, Hopkins School District, that there are two maintenance agreements in effect for this property which have an impact on stormwater management and water quality: 1. Parking and Access Road Sweeping 2. Storm Water Quality Treatment Facility(Environmental Manhole) The agreements are attached to this memorandum for reference. As stated in the agreements, annual reports should be submitted to the City demonstrating that regular maintenance is taking place. Such reports have not been provided in the past. As a condition of the issuance of a City Stormwater Management permit, the owner must submit an annual report for each agreement and commit to doing so in the future. Concerning the sweeping maintenance, the City is open to discussing the possibility of providing this service for payment in the future. Summarv and Recommendations: Public Works staff recommends approval of the proposed Minor PUD Amendment subject to the comments contained in this review. Approval is also subject to the comments of other City staff. G:\Developments-Private\Meadowbrook School PUD AmendmentWleadowbrook-Minor PUD review.docx Please feel free to call Eric Eckman at 763-593-8030 if you have any questions regarding this matter. C: leannine Clancy, Director of Public Works Mark Kuhnly, Chief of Fire and Inspections Joe Hogeboom, City Planner Gary Johnson, Building Official Ed Anderson, Deputy Fire Marshall G:\Deve�opments-PrivateWleadowbrook School PUD AmendmentWleadowbrook-Minor PUD review.docx 2 � .. `� � r / ��n , ::f.�� ,�jQ�� . � �� :.,M.,��., �� S.S � � n z Qri QF�I�E QF CCfdN'fY P.�CORA�R - .� �; , � . ` �!�� m i�Nt1E�i CitUHTY��'!GSOTA 4��" G% � L�j c 'i7�m Q �R 4�Q F�.�D MNti Qit ' l►� �/� ' � �,r,,, !71 g�-_"-{ � �i.Oi�IICD tiN C,� . � `"' ��n� 0� .IUL "9 PH 1�? �� t� a ,=-:��, �� .x � � �sUO�s2 ,� � o � F.�� ,r� -� • po.RaG�, t� �, �o � ' • W � a � ' D�!'UTY . � PARI�NG AND ACCESS ROA.D SWEEPING MAINTENANCE AGREEMENT TII•IS AGREEMENT is made this 1 lth day of June 2 Ol by and between the City of Golden Valley,Minnesota,a municipal corporation(hereinaRer referred to as"City")and Independent School District No. 270(Meadowbrook School PUD No. 90),(a Minnesota.corporation or an individual)(hereinafter referred to as"Owner'�with reference to fihe following£acts and circumstances: A. � Independent School District No.270 is the fee owner of real pmperly in Hennepin 10 �3� ;� PUD No.90 esota,legally describ.ed as follows Lot 2,Block 1,Meadowbrook Scbool B. Housing and Redevelapment Authority in and for the City of Golden Va11ey is the fee � , owner of real property in Hennepin County,Minnesota legally deseribed as Lot 1,Block (a�3`I ��' 1,Meadowbrook School PUD No.90 and has consented to this Agreemen� C. As a candition of its approval of the development of the 5ubject Property,the City has zeq�uired that the Owner enter into an agreement for the maintenance of pazking areas and • access road sweeping for the Properiy.The parking areas aud access roads to be swept are located within the boundaries of the Properly on construction plans prepazed by Owner. - _ D. The Owner desires to set forth its agreement with respect to the maintenance of the parking and access road sweeping and the cost of such maintenance. NOW TI�REFORE,in consideration of the foregoing facts and cirewmstances, and for other good and�valuable consideration,the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: . 1. For the purposes of this Agreement,maintenance of the parking area and access road sweeping shall include,but not be limited to, annual inspection,annual maintenance reporting and certifiica.tion by a representative of the properiy(provided by Owner)that a , C:�windowslTEMPVNeadawbrook5choolSweepingAgr .doc � ., pnogram has been implexnented to clean a11 parlcing areas and access roads at least twice per year. 2. Upon receipt of the annual certification of inspection and maintenance report,the City will inspect the properiy to ensure that the parking areas and access roads have been swept.Annual inspection of the facility shall not render tb.e City responsible for . identifying ongoing maintenance needs. 3. The Owner sha11 be solely responsible for sweeping,and shall bear all costs of such maintenance. If the Owner does not undertake the necessary,maintenance within thirty (30)days of notification by the City,the City may contra�ct such maintenance,but the costs reasonably incuYred by the City far contracting such maintenance shall be reimbursed to the City by the Owner. 4. The Owner,far itself/himself and respective successors and assigns,hereby waives any statu.tory right which he/it may have to contest any assessment for cflsts hereunder by the City. 5. The terms and conditions of this Agreement shall be binding upon,and shall inure to the benefit of,the parties hereto and their respective successors and assigns. IN WITNESS Wi�REOF,the parties hereto ha.ve caused this document to be executed as of the day and yeaz first above written. � INDEPENDENT SCHOOL DISTRICT NO.270 B . i �� c�r �lc; STATE OF I4�NNESOTA ) � ) ss. COUNTY OF HENNEPIN ) The foregoing was acknowledged before me this 11 thday of ,Tune ,2001,by David Shapley ,the Clerk of the Board of Education x� of Independent Sc ool District 270 nnder the laws of Mimiesota,on behalf of the SchooZ District • �• C�� Nota P bli� �rCYIriT�ic��po��Iyy� . F �{iN�M��71/WK7 . G:1PondslMain�nance AgreementslMeadowbrook SchooNNeadowbroolcSchoolSweepin r. oc � 2 ` CITY OF GOLDEN VALLEY . •_.. • t_r r '.,,� � �: . �: By: ' - Mary E. derson,llztayor,.. � , • By: . .� . William o es,Ci#y Mana�e�r,,,, _ . STATE OF MiNNESOTA ) ) ss. COUNTY OF HENNEFIN ) � The foregoing instrument was executed and acknowledged before me on this ��day of 2001,by Mary E.Anderson and William S.Joynes,Mayor an:d City Manager, tively,of the City of Golden Valley,a Miunesota municipal corporation. ;� . �, Cr `�(�� Public �. THIS INSTRUMENT DRAFTED BY ''�: dUDITN A.NAilY P.E. � t�r�r�reuC-�iN��sou Jeff Oliver, '.4�r�,�;, My��5,�,.s�,2on5 � City Engineer �'`'� . City of Golden Valley 7800 Golden Valley Road Golden Valley MN 5542? G:iPondslMaintenance ApreementsWleadawbrook Schodl�leadowbrookSchoolSlnr�epin�.doc 3 CONSENT TO PARKING AND ACCESS ROAD SWEEPING 1�IAAINTENANCE AGREEMENT � Housing and Redevelo,pment Authoriiy in and far the City of Golden Vallex hereby consents attached agreement between Independent School District No. 270 and the City of Golden ,` Valley with the same effect as if it had joineci in the attached agreement. ,{.��„,,, . ..�� „ . � �' HOUSING AND REDEVELOPMENT Ai�bRITY�='�' ".. � IN AND F CITY GOLD V't�;LEY..; . By � � . Its Director . _ . . �'; .. ..f . !j�r.7 i.�3=h•i��t. � . �"'1 �... ... .. STA.TE OF MINNE50TA ) )SS. COUNTY QF HENNEPIN ) Before me,the undersigned authority,on this day personally appeazed William Joynes, the Director of the Housing and Redevelopment Authority in and for the City of Golden Valley, a body public and corporate under the laws of the State of Minnesota on behalf of the Authority. Criven under my hand and seal of office,this the�► day o M1 2001. :, � �ea��Nt No Public �1D11'H A.NA[.LY -�;,� NOiARY PI�UC-MINNE50TA �... " MY ConrNssiott E�iteSJa�1.3i.2005 ? — � j �N „�'� ��l • �xa r�t ."y"4t �y� �� t ��'� ��s��o�st:F{ > �� a"�,° ��,��a�: �t� aeQ�p", ��! ��Z;<.:� .J�e �� .{,�� ''yrs p n !�` �.«!i N 3 � �CI � ��;�x�r :� I �#j p; x • i � 0 ( 3 �'• � a f x� '� �� .fi t.k� ,�'t'y,, � � � -,�, j�., . e�o�S�u��:Q��•�e��8u�� ' �w��igeqwa��s.� 4VId31JN�1�0�A.lNf 10�`V1.fl63NNNAI 30 3,., , ,�. �. t�OZ 6 �� C:�WQJDOWS,TSt�P1CONS�17'TO FASEtvffiN!'.DOC . � � � � ` �z � t�'.'�t�.�s.�� p V � � � � �� v�� ,v �; N �� '"�o �� STORM WATER QUALIT'Y TREATMENT FACILITY � � � '� „� �� MAINTENANCE AGREEMENT `'� � � c? � a � . � W THIS AGREEMENT is xnade this 22nd da.y of Ma. ,�001 by and between the City of Golden , a � � Q Valley,Minnesota,a municipal corporation(hereinafter referred to as"City")and Independent �: Z U School District No.270,(a Minnesota.corporation) (hereinafter refened to as"4wner")with - �i reference to the following facts and circumstances: � A. Independent School Disiar�rict No.270 is the fee owner of real property in Hennepi;n �,, �!n County,Minnesota,legally deseribed as Lot 2,Block 1,Meadowbroak School PUD No. �.�'p� ` 90. Al. Housing and Redevelopment Authority in and for the City of Golden Va11ey is the fee „ �� owner of real property in Hennepin County,Minnesota.legally described as Lot 1,Block � o�� `P l,Meadowbrook School PUD No.90 and has consented to this Agreement. ' B. As a candition of its approvat of the development of the Subject Property,the City has required that the Owner�nter into an agreement for the maintenance of the Storm Water Qua.lity Treatment Facility for the Property. Tlus Storm Water Quality Treatment Facility is an environmental manhole located within the boundaries of the Property on construction plans prepared by Owner. ' C. The Owner desires to set forth his/its agreement with respect to the maintenance of the Storn� Water Quality Treatment Facility and the cost of such maintenance. NOW TI�REFORE,in consideration of the foregoing facts and circumstances,and for other good and valuable considerataon,the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. For the purposes of this Agreement,maintenance of the Storm Water Quality Trea.tment Facility sha11 include,but notbe limited to,annual inspection, annual maintenanc� reporting and certification by a professional engineer(provided by Owner)that the facility is functioning in accordance with the approved plans and.minimum maintenance standards set forth by the City. 2. If necessary, Owner shall undertake at his/its expense periodic removal of silt buildup and other deposited materials within the Storm Water Quality Trealment Facility to mainta.in its treatment capacity and proper opera�ion,as established in the construction plans.Any maintenance needs required by the Engineer sha11 occur within 30 days of the certified inspection. C:\windows\TEMP1Facil'dyAgr-MeadowbrookSchPUD90_1.doc � 3. Upon receipt of the annual certification of inspectio�and maintenance report,the City will inspect the facility to ensure that the facility meets the minimum maintenance standards.Annual inspection of the facility sha11 not render the City responsible for identifying ongoing maintenance needs. 4. The Owner sha11 be solely responsible for the maintenance of the facility,and shall bear a11 costs of such maintenance. If the Owner does not undertake the necessary maantenance within thirty(30)days of notification by the City,the City may contra.ct such maintenance,but the costs reasonably incurred by the City for contracting such maintenance shall be reimbursed to the City by the Owner. 5. The Owner,for itself/himself and respective successo�rs and assigns,hereby waives any sta.tutory right which he/it may ha.ve to contest any assessment far costs hereunder by the City. 6. The terms and conditions of tlus Agre.ement shall be binding upon, and shall inure to the benefit of,the parkies hereto and their respective successors and assigns. IN WITNESS WHEREOF,the parties hereto have caused this document to be executed as of the day and year first above written. INDEPENDENT SCHOOL DISTRICT NO.270 By; � � Its ��r2 STATE OF MINNESOTA ) ) ss. - — COUNTY DF HENNEPIN ) The foregoing was a�knowledged before me this �n�Cia.y of MaY ,20 0l , by Timothv Ber�stedt ,the Board Chair of Indegendent Schaol District ��270 � a body politic and corporate under the laws of Minnesota,on behalf of the school district �T'z�+�`t�-=y�""`��.�..� Notary Public Not�n�o�o�► 1�r��h�a�.zoo5 G:�PondsUlAaintenance AgreemenislMeadowbrook School�FacilfiyAgr-MeadowbrookSchPUD90.doc 2 '_ �� «� CITY OF GOLDEN VA�LEY � ��_ ��`., ' �' �� .� #,�� ' �� a { r�,sr��a'+R�' �s+� � � . 7'�'»� � *�'�,�`�8� �o a � � � �� By: �� ,z: �;. •.bi r Mary E. derson Y�ayoz r�`��` t',� ' °„��' i�'�;M� ? }r. �s• .�' �' YI � r `f� ., M tkd��i € � �'`�:�o � ,� � � }+�'4 �'.�j..'� o ��$� �' • �.7 ( yt � t�.� ` � �V �• p � i4' �{y� ��y y. i� l r`.� `�' r By: � . : . - , ;:�3x� � k r.. i liam S. es ty 1VI�i ge�� :<�'� �,� _ ,'.#' r i ,:„ -. ,�� llOt �' �� t.` STATE OF MIlVNE50TA ) {��' �,.�;,� � ) ss. ' COUNTY OF Fi�'NNEPIN ) The foregoing iustrunient was executed and acknowledged before me on this ��day vf 200( ,by Mary E.Anderson and William S.Joynes,Mayor and City Manager, respecti ly,of the City of Golden Valley,a Minnesota municipal corporation. � C�� , Public ' w� '.•�• JUDITN A.NACI.Y THIS INSTRU.IVIENT DRAFTED BY �.�fY�• ��N�� Jeff Oliver,P.E. My crnnninion E�iros,qn.3t,2005 ,; City Engineer City of Golden Valley 7800 Golden Valley Road Golden Valley MN 55427 G:U'ondsWtaintenance P�greementsUVleadowbrook SchoollFadUtyA�MeadowbroolcSchPUD90.doc 3 CfTY OF GOLDEN VALLEY ENGINEERlNG STANDARDS FOR STORM WATER TREATMENT FACILITIES Pond Maintenance Requirements 1. Anrival inspection, maintenance reporting and certification by a professional engineer (Provided by Owner). Information must be submitted to the City annually. 2. Excavate pond to original design capacity when one half(1/2)of the wet volume of the pond is lost due to sediment deposi#ion. 3. Remove floatable debris in and around the pond area including, but not limited to: oils, gases, debris and other pollutants, 4. Maintain landscape adjacent to the facility per original design, including but not limited to: maintenance of the buffer strip and other plant ma#erials as per original plan design. 5. Maintenance of all erosion control measures including but not limited to: rip rap storm sewer outlets, catch basin inlets, etc.... Environmental Manhole Maintenance Requirements ' 1. Annual inspection, maintenance reporting and certification by a professional engineer (Provided by Owner). Information must be submitted to the Gity annually. 2. Maintenance should be performed once the sediment or oil depth exceeds the established requirements recommended by the manufacturer. 3. Maintenance should occur immediately after a spill takes place. Appropriate � regulatory agencies should also be notified in the event of a spill. ' 4. Disposal of materials sha(I be in accordance with (ocal, state and federal requirements as applicable. G:�PondsUNalntenance AgreementslStandards\Storm Water Facility Standards.doc