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07-20-10 CC Agenda Packet AGENDA Regular Meeting of the City Council Golden Valley City Hall 7800 Golden Valley Road Council Chamber July 20, 2010 6:30 pm The Council may consider item numbers 1, 2, 3, 5 and 6 prior to the public hearings scheduled at 7 pm 1. CALL TO ORDER A. Roll Call B. Northwest Hennepin Human Services Council Presentation 2. ADDITIONS AND CORRECTIONS TO AGENDA 3. CONSENT AGENDA Approval of Consent Agenda - All items listed under this heading are considered to be routine by the City Council and will be enacted by one motion. There will be no discussion of these items unless a Council Member or citizen so requests in which event the item will be removed from the general order of business and considered in its normal sequence on the agenda. A. Approval of Minutes - City Council Meeting - City Council July 6, 2010 B. Approval of Check Register C. Licenses: 1. Solicitor's License - Sisters Camelot D. Minutes of Boards and Commissions: 1. Planning Commission - June 28, 2010 2. Human Services Foundation - May 10, 2010 3. Joint Water Commission - June 2, 2010 4. Open Space and Recreation Commission - May 24,2010 E. Authorization to Sign Agreement with Hennepin County and Anderson-Johnson Associates, Inc. for Little League Ball Fields F. Approval of Six Month Extension for Filing of Plat and Submitting Final PUD Plan Application - PUD #107 - The Towers at West End - Southwest Quadrant of 1-394 and Highway 100 G. Authorization to Sign Agreement with MnDOT as Agent for Federal Participation for Preliminary Engineering for Douglas Drive Reconstruction H. Authorization to Sign Agreement with Chestnut Cambronne for Prosecuting Attorney Services I. Authorization to Sign Service Agreements with YMCA 4. PUBLIC HEARINGS 7 PM A. Public Hearing - Ordinance #442 - Establishing Regulations for Wind Energy Conversion System B. Public Hearing - Ordinance #443 - Photovoltaic Module Regulations c. Public Hearing - Height Regulations in High Density Residential Zoning District (R-4) 5. OLD BUSINESS 6. NEW BUSINESS A. Authorization to Sign Amended PUD Permit - Hidden Lakes PUD No. 74- Amendment NO.5 B. Authorization to Draft Agreement with City of Edina for Dispatch Services C. Announcements of Meetings D. Mayor and Council Communications 7. ADJOURNMENT alley Memorandum City Administration/Council 763-593-8003/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting July 20, 2010 Agenda Item 1. B. Northwest Hennepin Human Services Council Presentation Prepared By Thomas D. Burt, City Manager Summary Susan Blood, Executive Director, will attend the meeting and make a brief presentation on the services they provide. Attachments Folder of information submitted by Northwest Hennepin Human Services Council (loose in agenda packet) alley M mo ndu Finance 763-593-8013/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting July 20, 2010 Agenda Item 3. B. Approval of City Check Register Prepared By Sue Virnig, Finance Director Summary Approval of check register for various vendor claims against the City. Attachments Loose in agenda packet. Recommended Action Motion to authorize the payment of the bills as submitted. Hey Memora dum City Administration/Council 763-593-8002/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting July 20, 2010 Agenda Item 3. C. 1. Solicitor's License - Sisters Camelot Prepared By Christine Columbus, Administrative Assistant Summary As per City Code, any individual or group intending to go door-to-door within the City selling products, taking orders or soliciting for business or donations must be licensed by the City to do so. Attachments Peddler/Solicitor License Application (2 pages) Recommended Action Motion to approve the solicitor's license for Sisters Camelot. Application and fee must be submitted to the City Manager's Office the Wednesday prior to the City Council Meeting. Council Meetings are normally held the first and third Tuesday of each month. PEDDLER/SOLICITOR LICENSE APPLICATION TO: Golden Valley City Council Fee Paid: $ 5-0 7800 Golden Valley Road Number of Persons: Golden Valley, MN 55427 Type of License: Peddler (circle 0 Enclose the sum of $ SO for 2- S'" (number) peddlers/solicitors as required by City Code of the City of Golden Valley and have complied with all the requirements of said Code necessary for obtaining this license. SJSt.~(' ~oT (Business or Individual Name or Organization to be Licensed) l-{ t - (q() /7ls"l (MN Business 10 or FEIN (Federal 10) for Business Licenses) Define Business ;VO!J - plu.J lCl f (Corporation, Proprietorship, Partnership, Non-Profit, State of Incorporation or Individual) Zk,~)7 ..;,z.~ hv" $. (Address) ~nl1~lt'"::::. I ~ --50(.../06 City, State and Zip Code) ~ {7_" 746 - 30::>1 (Telephone Number, including Area Code) NOW, THEREFORE, ,/-'lll<.t[ Plt..--/< I JV S hereby makes application for . (Applicant Name) period of 7 - Z 0 through 6/30/ 10, subject to the conditions and provisions of said City Code. ./{;iei?~ (Signature of Applicant/Principal Officer) Description of goods or services for sale (include prices) or indicate if soliciting donations, If more space is needed, attach additional sheets (be specific): So/Ic--,lIJ'L~ oI~rb~ ~r ~(:)blc- pOcO( ~/.J?- NOTE: If the products for sale are changed or modified, you must give the City complete information regarding such change or modification. List the names and addresses of EACH person who will be peddling or soliciting on behalf of said organization in the City, or, in the alternative, the name, address and telephone number or numbers where a responsible person of said organization will maintain a list of names an~ addresses of all persons engaged in peddling or soliciting in the City: (If more space is needed, attach additional sheets) STATE OF fh nVW'l~ ) ) ss. COUNTY OF jfVJ~) I, /{IC,:f;t?tGf-. rt ("'(Lr(V:S .,. (Officerllndividual) of ~I gT~ ((:V-1 c/o-=;- (Name of Organization) being first duly sworn, depose and say that all the foregoing information is true to his/her own knowledge except as to matters therein stated on information and belief, and as to such matters, he/she believes them to be true. A;tL~ .....Signature of ApplicanUPrincipal Officer) Subscribed and sworn to before me this Ic(l1--;ay 0 , 20/0 . JUDITH. A.NA ll.Y I. NOTMY PUBUc-MINNESOTA Mr CaMIaIan __ ........ 2015 . Regular Meeting of the Golden Valley Planning Commission June 28, 2010 A regular meeting of the Planning Commission was held at the Golden Valley City Hall, Council Chambers, 7800 Golden Valley Road, Golden Valley, Minnesota, on Monday, June 28,2010. Chair Keysser called the meeting to order at 7 pm. Those present were Planning Commissioners Cera, Eck, Keysser, Kluchka, McCarty, Schmidgall and Waldhauser. Also present was Director of Planning and Development Mark Grimes, City Planner Joe Hogeboom and Administrative Assistant Lisa Wittman. 1. Approval of Minutes April 26, 2010 Regular Planning Commission Meeting MOVED by Waldhauser, seconded by Eck and motion carried unanimously to approve the April 26, 2010 minutes as submitted. 2. Informal Public Hearing - Zoning Code Amendment - Building Height Requirements in the High Density Residential Zoning District (R-4) - ZOOO-75 Applicant: City of Golden Valley Purpose: To amend the building height requirements in the High Density Residential Zoning District (R-4) section of the City Code. Grimes stated that currently, the R-4 Zoning District allows structures up to eight stories, or 96 feet in height without a Conditional Use Permit (CUP). He explained that there has been some concern about the current height requirements so staff has reviewed the zoning code language and is now recommending that the R-4 Zoning District allow structures up to five stories or 60 feet in height without a CUP. He referred to the Zoning Map and pointed out the properties zoned R-4. Keysser asked what the criteria would be for allowing a taller building. Grimes explained that the CUP section of the Zoning Code lists the criteria a proposal must meet. Eck questioned if a CUP is the appropriate vehicle. He asked if a building was constructed taller than 60 feet what condition could cause a CUP to be revoked. Grimes said other than requiring a variance, he didn't know what other vehicle could be used other than the CUP or Planned Unit Development (PUD) process. Waldhauser asked why it couldn't be done by variance. Grimes said this is the way it has traditionally been done in the other zoning districts so he kept it consistent. Kluchka said not to talk about tradition but instead talk about what the City wants to accomplish. He said he thinks the CUP process is the best vehicle for allowing a building to be taller because there would be no hardship to grant a variance and a PUD seems overburdensome. He questioned the pros and cons of a CUP versus a PUD. Grimes stated that many of the proposals in Minutes of the Golden Valley Planning Commission June 28, 2010 Page 2 the R-4 Zoning District will be done in a PUD because there is likely to be more than one building. He said both the CUP and PUD processes allow the City to place conditions on approval such as landscaping, architectural design, etc. Waldhauser noted that most residential buildings are constructed with wood construction which can only be four stories in height. If a building is taller than that a different type of construction is required. McCarty asked why staff is proposing 5 stories or 60 feet for the height requirement. Grimes explained that the R-2 Zoning District allows a height of 30 feet and the R-3 Zoning District allows a height of 48 feet so allowing 60 feet in the R-4 Zoning District is the next logical step up. Keysser opened the public hearing. Seeing and hearing no one wishing to comment, Keysser closed the public hearing. Kluchka said he thinks using the CUP process is the correct approach because it allows the City to place conditions on proposals. Cera agreed. MOVED by Cera, seconded by Schmidgall and motion carried unanimously to recommend approval of amending the building height requirement to 5 stories or 60 feet without a Conditional Use Permit in the High Density Residential Zoning District (R-4) section of the City Code. 3. Informal Public Hearing - Zoning Code Amendment - Fence Regulations in the Residential and Multiple Dwelling Zoning Districts - ZOOO-83 Applicant: City of Golden Valley Purpose: To clarify the language regarding fence regulations in the Residential and Multiple Dwelling Sections of the City Code. Grimes stated that fence issues such as height and location are issues staff deals with frequently. He said at this time the City does not require building permits for fences so staff is working on fence regulations that are easier to understand. He added that the City Council has asked staff to evaluate the need for fence permits and that is something that will be coming to the Planning Commission in the future. Grimes reviewed the current Zoning Code requirements regarding fences and stated that the biggest concern is that it is hard to determine where a front yard ends and side yard begins and establishing a front plane will make the Code more understandable and more enforceable. He noted that staff is also proposing to remove the language regarding A and B Minor Arterial streets. He showed several examples of where a fence could be located using the current Code language and the proposed new Code language. Minutes of the Golden Valley Planning Commission June 28, 2010 Page 3 Waldhauser referred to the "predominant plane" language and asked if a garage could be considered the predominant plane. Grimes referred to the proposed new language and noted that the predominant plane refers to the front plane of the house. He added that attached garages are considered to be part of the house. Keysser said he doesn't think the proposed new language regarding the predominant plane is very clear. Waldhauser agreed and said the language needs to be clear if the predominant front plane means the front plane of a garage. Cera asked about neighborhoods with homes set further back on the lot or homes aren't lined up' at the same distance on the lots. He said he is concerned about houses on the same street having fences at different locations. Waldhauser said this is no way to solve that issue. Kluchka suggested the proposed language be sent back to staff in order to rewrite the language regarding the "predominant plane" because it is too confusing the way it is currently proposed. Grimes stated that staff could work on the language and bring it back to a future Planning Commission meeting. He suggested possibly removing the word "predominant" . McCarty stated that he likes the idea of using site plans and different planes to determine fence location. Waldhauser said she would like fences to be set back to where the house is and not where the garage is. Kluchka asked about the driving factor behind the proposed new language and asked why there is a problem with using the 35-foot front setback language. Grimes stated that using the 35-foot front setback is confusing for residents because it is difficult to determine where that line is without a survey. It is easier to determine where the front plane of a house is. Waldhauser questioned if a 4-foot high fence in a front yard could have something decorative across the top. She asked about the likelihood and the hardship for granting a variance for fences on properties along busier streets. Keysser opened the public hearing. Harriet Lerdal, 2215 Xerxes Avenue North, stated that a few years ago she was notified by a surveyor that a neighbor's fence was installed 6 to 8 feet on her side of the property line. She stated that something needs to be done regarding fence requirements. She suggested that the City require a current certified survey, notification to neighbors and that upkeep and maintenance issues be addressed for anyone wishing to install a fence. She asked how far a fence has to set back from the street. Grimes explained that fences can go right up to the property line. Seeing and hearing no one else wishing to comment, Keysser closed the public hearing. Minutes of the Golden Valley Planning Commission June 28, 2010 Page 4 Grimes referred to the issue of maintenance and stated that maintenance is addressed in the property maintenance section of the City Code. He reiterated that the City Council has asked staff to research fence permit requirements. He said he thinks requiring people to find their property line is a legitimate concern. Kluchka asked Grimes if he has seen people "build up" the grade on their lot to install a fence. Grimes said he is not aware of that happening. Cera said he would support the City requiring a permit to install fences. Waldhauser said she likes the idea of requiring that property lines be clearly identified and also neighbor notification. Grimes said he thinks staff should suggest that people installing fence talk to their neighbors as a courtesy. Cera agreed that requiring a survey would be a good idea and suggested that staff also study irregularly shaped lots and neighborhoods that don't necessarily have houses set back 35 feet from the front property line. Grimes said he would clarify the proposed fence language and bring it back to the Planning Commission in the future. MOVED by Waldhauser, seconded by Cera and motion carried 6 to 1 to table the proposed fence regulation amendment. Kluchka abstained from voting. 4. Informal Public Hearing - Zoning Code Amendment - Freestanding Photovoltaic Module Requirements in the Single Family Zoning District (R-1) and Moderate Density Residential (R-2) Zoning District - ZOOO-84 Applicant: City of Golden Valley Purpose: To add photovoltaic module regulations to the accessory structure requirements in the Single Family (R-1) and Moderate Density Residential (R-2) sections of the City Code. Hogeboom explained that the City has received a request to allow for the installation of a photovoltaic module (solar panel on a pole) in a front yard. He stated that staff has some concerns about the aesthetics and about these types of devices being too close to a neighboring property. He stated that staff along with the City Council and Environmental Commission is recommending that these types of devices follow the same requirements as accessory structures. He added that the proposed new language does not apply to roof-mounted solar panels. Kluchka asked about the approach to solar rights. Hogeboom stated that there is a state statute regarding limiting access to solar energy. He added that a request for a photovoltaic device could go the Board of Zoning Appeals if there is no other access to solar energy on the property. Minutes of the Golden Valley Planning Commission June 28, 2010 Page 5 Waldhauser questioned what would happen if someone installed a solar panel and a neighbor planted trees to screen it. Hogeboom explained that the City wouldn't get involved in a case like that and added the City Attorney has said cities are allowed to place controls on solar panels, they just can't ban them or deny somebody access to solar energy. Keysser asked about how a solar panel on a roof would affect the height of a structure. Grimes said a solar panel on a roof would not be considered part of the structure. Cera questioned the possibility of poles being attached to the side of a house. Waldhauser asked about the rationale behind the language requiring 10 feet of separation. Hogeboom said the separation language is in the accessory structure section of the Zoning Code and is required for safety and electricity issues. Eck referred to the proposed new language and stated that the word "for" should be changed to the word "as". Keysser asked if there should be language regarding solar thermal devices as well. Schmidgall noted that solar thermal devices would never be placed on a pole. Keysser opened the public hearing. Seeing and hearing no one wishing to comment, Keysser closed the public hearing. MOVED by McCarty, seconded by Waldhauser and motion carried unanimously to recommend approval of the proposed language regarding photovoltaic modules with the correction noted by Commissioner Eck. 5. Informal Public Hearing - Zoning Code Amendment - Establish Regulations for Wind Energy Conversion Systems - ZOOO-85 Applicant: City of Golden Valley Purpose: To add regulations in the Zoning Code regarding Wind Energy Conversion Systems. Hogeboom stated that this proposed ordinance came from discussions with the City's Green Team and has been reviewed by the City Council and the Environmental Commission. He referred to a PowerPoint presentation and explained that most windmills and wind turbines are more appropriate in rural areas or open spaces so this ordinance will prohibit any wind energy conversion systems in the residential zoning districts. He explained that the ordinance will require a Conditional Use Permit for installation of a wind energy conversion system and will limit them to parcels that are over one acre in size. The ordinance also regulates the color and material used for wind energy conversion systems. He added that regular setback rules apply, they must comply with regulations established by local utility companies and may not be used for advertising. Minutes of the Golden Valley Planning Commission June 28, 2010 Page 6 Keysser asked if the City envisions any type of rooftop system being used in the R-4 zoning district. Schmidgall said he didn't think that application would be technically practical because they would need a lot of support. McCarty said he thinks regulations for the residential zoning districts should be addressed. Grimes stated that in conversations he's had with industry professionals he's learned the a wind energy conversion system would have to be at least 30 feet above the tree canopy so it is not going to be practical in the residential zoning districts. He added that the City Council has also said they don't want to see these types of systems on residential properties. Keysser opened the public hearing. Seeing and hearing no one wishing to comment, Keysser closed the public hearing. Kluchka asked if the City Council will be encouraging the use of wind energy conversion systems. Hogeboom said he thinks if a system makes economic sense for a property owner the issues will take care of themselves. He said isn't sure if the Council is interested in offering economic assistance. McCarty referred to section 3(A)(1) regarding height and asked if it is referring to the overall height of the entire system or just the pole. Hogeboom said he would clarify the language but that it means the entire height of the system, from the base to the top of the blade. McCarty referred to section 3(A)(4) which states that mounted wind energy conversion systems shall be placed no lower than the primary roof line and asked for clarification. Hogeboom stated that refers to not allowing systems to be placed on the side of a building. McCarty referred to section 3(A)(6) regarding obtaining a building permit to install a wind energy conversion system and asked if the permit would require proof of structural capability. Hogeboom stated that part of the building permit process includes proving structural integrity. McCarty referred to section 3(8)(3) regarding the minimum distance between the ground and the vertical length of any extensions and suggested the word "distance" be changed to the word "clearance". McCarty referred to subdivision 5 and suggested that the second sentence be changed to say "the standards" apply instead of "they" apply. McCarty referred to subdivision 5(0)(3) and suggested the second sentence read as follows: The base of the wind energy conversion system shall maintain a minimum distance from public right-of-way equal to the vertical height of the system plus 10 feet. Grimes stated that the first sentence could probably be removed. MOVED by Waldhauser, seconded by Cera and motion carried unanimously to recommend approval of the proposed new language regarding wind energy conversion systems with the corrections noted by Commissioner McCarty. Minutes of the Golden Valley Planning Commission June 28, 2010 Page 7 --Short Recess-- 6. Reports on Meetings of the Housing and Redevelopment Authority, City Council, Board of Zoning Appeals and other Meetings Grimes stated that the proposed new Walgreens store proposal went to the June Board of Zoning Appeals meeting where it was tabled. A Conditional Use Permit application and a Lot Consolidation application will be coming to the Planning Commission on August 9. Grimes stated that a Lot Consolidation proposal from Mortenson will be coming to the Planning Commission in July. 7. Other Business Kluchka said he would like to get the City Council's opinion on how they feel about the re-use of buildings and also what they think about corporate architecture and franchise arch itectu reo 8. Adjournment The meeting was adjourned at 8:56 pm. Lester Eck, Secretary Golden Valley Human Services Foundation (GVHSF) Meeting Minutes May 10, 2010 Present: Dan Blumb, Hilmer Erickson, Elissa Heilicher, Brenda McGhie, Chris Monroe, Diane Nimmer, Connie Sandler, and Toots Vodovoz. Also present Jeanne Fackler, Staff Liaison. Not Present: Gloria Johnson and Steve Schumacher. Call to Order: Chairman Blumb called the meeting to order at 6:35 p.m. March 8 minutes: Heilicher moved and Erickson seconded the motion to approve the minutes of March 8. The motion passed unanimously. Run the Valley Evaluation: Members evaluated the event. Fackler reported the event raised $19,720. Final bills have been sub,itted and the net will be reported at the June meeting. Members felt the event was very successful. 2011 date is April 9. Upcoming Events: Golden Valley Days - May 22. Members volunteered to man the booth. Monroe offered a tent to cover the table courtesy of Freestyle Productions. Fackler will contact the Communications Department to produce the information for the table. Connie will order t- shirts for the Commission members to wear at events. Nimmer and Blumb will prepare the display board. Golf Classic - July 16. Sponsors include: Central Bank, Morrie's and WSB. Allianz is sending 4-5 foursomes. Heilicher will contact Piazza's for a food price. Members were encouraged to start soliciting for prizes. A final decision on the tournament will be made in June. Taste of Golden Valley - November 10. The Metropolitan has been put on hold for this date. Fackler will send the deposit. Other Business: Golden Valley Foundation - no report. Solicitation Letter - Fackler reported that almost $8,000 has been received to date. Adjournment: Sandler moved to adjourn the meeting, Monroe seconded the motion. The meeting was adjourned at 8:05 p.m. Respectfully submitted, Jeanne Fackler GVHSF Staff Liaison JOINT WATER COMMISSION MINUTES Golden Valley - Crystal - New Hope Meeting of June 2 2010 The Golden Valley - Crystal - New Hope Joint Water Commission meeting was called to order at 1 :30 pm, in the City of Golden Valley Council Conference Room. Commissioners Present Tom Burt, City Manager, Golden Valley Anne Norris, City Manager, Crystal Kirk McDonald, City Manager, New Hope Staff Present Sue Virnig, Finance Director, Golden Valley Bert Tracy, Public Works Maintenance Manager, Golden Valley Dave Lemke, Utilities Maintenance Supervisor, Golden Valley Bernie Weber, Utilities Maintenance Supervisor, New Hope Tom Mathisen, Director of Public Works, Crystal Jeannine Clancy, Director of Public Works, Golden Valley Guy Johnson, Director of Public Works, New Hope Minutes of May 5. 2010 MOVED by McDonald seconded by Norris and motion carried unanimously to approve the minutes of the May 5,2010 meeting. Aareement For Professional Services with Bolton and Menk for Municipal Well Rehabilitation Proiect MOVED by Norris seconded by McDonald and motion carried unanimously to approve the amended agreement for Professional Services with Bolton and Menk for $34,500 for the JWC Municipal Well Rehabilitation. Contract with Ziealer Power System for Generator Maintenance to Golden Valley Pump Station MOVED by Norris seconded by McDonald and motion carried unanimously to approve the quote for a 3-year Customer Support Agreement with Ziegler Power Systems to perform pump maintenance for the amount of:. $4206.00 - Generator PM Service, annually $2148.00 - Pointguard Monitoring, annually $2268.00 - Load Bank Testing - every other year Broadband Solutions Interest to Lease Space on New Hope North Water Tower for Two Microwave Dishes McDonald wanted to inform the Commission that New Hope is working with Broadband Solutions regarding the lease rates and timing. Joint Water Commission Page 2 of 2 Next Meetina The next meeting will be July 7, 2010. Adiournment The meeting was adjourned at 1: 15 pm. ATTEST: Christine Columbus, Administrative Assistant Thomas D. Burt, Chair GOLDEN VALLEY OPEN SPACE & RECREATION COMMISSION Regular Meeting Minutes May 24,2010 1. Call to Order Sandler called the meeting to order at 7:00 p.m. 2. Roll Call Present: Roger Bergman, Brad Kadue, Bob Mattison, Emily Piper, Anne Saffert, Jerry Sandler, Dan Steinberg, Rick Jacobson, Director of Parks and Recreation; Sheila Van Sloun, Administrative Assistant; and Diana Thottungal, Golden Valley Resident. Kelly Kuebelbeck. Absent: 3. Aaenda Chanaes or Additions Jacobson added: . Appointing of Commission Vice-Chair. Sandler added: . Mauer Cup Baseball Tournament. 4. Approval of Minutes - April 26. 2010 MOVED by Steinberg and seconded by Bergman to approve the April 26 meeting minutes. Motion carried unanimously. 5. Outdoor Natural History Museum - Diana Thottunaal Thottungal is a Golden Valley resident that came up with a concept of an outdoor natural history museum. She explained her ideas and concepts for the museum, which include exhibits and collections arranged in a logical order throughout a specific area or park. The exhibits would be designed to be low maintenance and could be long or short term displays. Exhibits could include: . Informational Kiosks Kiosks explaining plants, animals, sand, weather, trees, weeds, fish, snails, etc., as well as the mechanics of play equipment, etc. . Multicultural Games on Picnic Tables Multicultural games and game information on center planks of tables that can be played with coins or small items found on the ground. . Minnehenge Use labeled Minnesota rocks aligned to view solstices, equinoxes and other sky information. . Winter Tracks Track imprinted plaques on raised pedestals with the name of the bird or mammal. Minutes of the Golden Valley Open Space and Recreation Commission May 24, 2010 Page 2 Thottungal hoped the museum could be part of the Phase III Wirth Beach Improvements or be created wherever possible. Commissioners were interested in the concept. Sandler suggested she put together a proposal with specific parks and nature areas where she would like to put the exhibits. She said she would like to work with someone familiar with all the parks and nature areas and will put something together in the next few months. 6. AppointinQ of Commission Vice-Chair Sandler asked Commissioners for nominations for Vice-Chair. After discussion, Piper nominated Mattison as Vice-Chair, Steinberg seconded, and the motion was carried unanimously. 7. Athletic Field Grant ProQram Jacobson said the grant proposals are on the agenda for the Hennepin County Board of Commissioners meeting scheduled May 25th when they will be voting on which project to approve. 8. Mauer CuP Baseball Tournament Sandler announced the Kids Mauer Cup Baseball Tournament scheduled July 19-31. Games will be played in Blaine, Plymouth and St. Paul. The tournament is not only an opportunity for youth participation, but also a fund raiser for St. Jude's Children's Research Hospital. 9. Adiournment MOVED by Bergman and seconded by Steinberg to adjourn at 8:15 p.m. Motion carried unanimously. alley emo nd m Public Works 763-593-8030 I 763-593-3988 (fax) Executive Summary For Action Golden Valley City Council Meeting July 20, 2010 Agenda Item 3. E. Authorize Entering into an Agreement for Little League Ball Field Expansion Prepared By Jeannine Clancy, Director of Public Works Ron Nims, Public Works Project Coordinator Rick Jacobson, Director of Parks and Recreation Summary At its March 16,2010 meeting, the City Council passed a resolution of support for accepting a $400,000 grant through the Hennepin Youth Sports Program, on behalf of the Minnesota Amateur Sports Commission, to construct additional ball fields at the Honeywell Area Ball Field site on Nevada Avenue. An agreement from Hennepin County for Honeywell Youth Field Expansion project has been attached for Council consideration. In addition to the Hennepin County grant, the Golden Valley Little League has committed to provide funding in the amount of $67,500 for the costs associated with making the improvements. Attached is a letter of commitment from Golden Valley Little League which documents their intent to raise the funds by July 15, 2011. Staff will be preparing an agreement with Little League for funding, maintenance and use of the field for consideration by Council in the near future. Staff has also negotiated a contract with Anderson-Johnson Associates, Inc. to provide professional services for design and construction management of the project for an estimated cost of $76,700. A copy of the proposed contract for services is attached. If Council approves the agreements, the following is the proposed schedule: Approve agreement with Anderson-Johnson Assoc. Award contract Project completion July 2010 September 2010 October 2011 Attachments Location Map (1 page) Letter from Golden Valley Little League received July 14, 2010 to Mayor Loomis (1 page) Agreement for Honeywell Youth Field Expansion (7 pages) Agreement from Anderson-Johnson Associates, Inc., dated July 7,2010 (13 pages) Recommended Action 1. Motion authorizing agreement between the City of Golden Valley and Hennepin County for the Honeywell Youth Field Expansion. 2. Motion authorizing the agreement with Anderson-Johnson Associates, Inc. in the amount of $76,700. ~ I MEDICINE I L I LUKE } l RD I l I L_ I I (HCH I l__ NO I I 70) I I I IMEDICI~ z l.L.I o o :c 0:: ) AVE N i -----..o-~~-1 i I i o z 01 RD HONEYWELL BALL FIELD PROJECT DullUTH 0:: ._......__...._.".__..."...._....... ..._.__0 i.)f I...... . .. .. .. .. . ! , /--~---~-~_.~., ....,/ .. ~~,;. .f 9P. '5 ~+ ! 1 <( ~ HONEYWELL LOCATION MAP AREA BALL FIELD PROJECT FIGURE 1 ~~.~J.~ ..r~~. \~ IE( W~.. . ~-~/ ~ ~ 1'~.tcttte .t~. 'J~ Serving ~ v.lley Youth lor 0".,. 50 YealS OOl 14 2010 Mayor Linda Loomis City of Golden Valley 7800 Golden Valley Road Golden Valley, MN 55427 Mayor Loomis, At the March meeting of the Golden Valley Little League, the board approved a resolution to provide $67,500 toward the Honeywell Fields Project. This letter is to document our commitment to the project. Golden Valley Little League commits to raise $67,500 in funding for this project with this amount to be raised by July 15,2011. It is our understanding that we will work with City of Golden Valley staff to set dates to remit funds to the City as the project progresses and as we raise funds for the project. Thank you for your support in this project. Peter Birkeland President Golden Valley Little League 7759 Olympia St. Golden Valley MN 55427 Contract No: AIOI032 AGREEMENT FOR HONEYWELL YOUTH FIELD EXPANSION This Agreement is between the County of Hennepin, State of Minnesota ("COUNTY"), A-2300 Government Center, Minneapolis, MN 55487, and the City of Golden Valley. 7800 Golden Valley Road. Golden Valley. MN 55427 ("LOCAL UNIT OF GOVERNMENT" herein "LGU"). Recitals 1. Section 473.757, subd. 2 of Minnesota Statutes authorizes Hennepin County to make grants for youth activities and youth and amateur sports within Hennepin County with certain funds collected as part of the sales tax authorized in Section 473.757, subd. 10 of Minnesota Statutes. 2. Pursuant to Hennepin County Board Resolution 09-0320R3, Hennepin County created the Hennepin Youth Sports Program. The Hennepin Youth Sports Program makes grants for youth sports and activities and amateur sports within Hennepin County. 3. In 2010, as part of the Hennepin Youth Sports Program, by Resolution No. 10-0227, Hennepin County authorized an award of $400,000 to the LGU for the Honeywell Youth Field Expansion Project ("Project"). NOW, THEREFORE, the parties hereto do hereby agree as follows: The parties agree as follows: 1. TERM AND COST OF THE AGREEMENT The LGU agrees to complete the Project by October 31, 2011. The COUNTY agrees to contribute an amount not to exceed $400,000 to the LGU for the Project, which shall be used as described in Section 2. 2. USE OF FUNDS The LGU shall use all funds received under this Agreement for construction of the Project in accordance with the application submitted by the LGU to the Minnesota Amateur Sports Commission. The application for the Project dated March 29, 2010 is on file with Hennepin County and this application is incorporated into this Agreement by this reference. The LGU shall be solely responsible for securing all additional funds needed for completion of the Project. The LGU agrees that the Project will include a permanent plaque or sign, as agreed to by the LGU and COUNTY, identifying that the Project was made possible by funds from the Hennepin Youth Sports Program. 3. PAYMENT FOR SERVICES All funds shall be paid to LGU after COUNTY has agreed that the Project is complete, demonstrated by a Certificate of Occupancy. The COUNTY will pay the LGU within forty-five (45) days of satisfaction of all of the following: (a) receipt by the COUNTY of a Certificate of Occupancy demonstrating the project is complete; (b) presentation to the COUNTY of a claim in the manner provide by the law governing the COUNTY'S payment of claims and/or invoices, and (c) receipt by the COUNTY of final paid invoices accompanied by a letter completed by LGU substantially similar to the form attached at Attachment B, 4. PROFESSIONAL CREDENTIALS INTENTIONALL Y OMITTED 5. INDEPENDENT CONTRACTOR LGU shall select the means, method, and manner of performing the services. Nothing is intended or should be construed as creating or establishing the relationship of co-partners between the parties or as constituting LGU as the agent, representative, or employee of the COUNTY for any purpose. LGU is and shall remain an independent LGU for all services performed under this Agreement. LGU shall secure at its own expense all personnel required in performing services under this Agreement. Any personnel of LGU or other persons while engaged in the performance of any work or services required by LGU will have no contractual relationship with the COUNTY and will not be considered employees of the COUNTY. The COUNTY shall not be responsible for any claims that arise out of employment or alleged employment under the Minnesota Economic Security Law or the Workers' Compensation Act of the State of Minnesota on behalf of any personnel, including, without limitation, claims of discrimination against LGU, its officers, agents, LGUs, or employees. LGU shall defend, indemnify, and hold harmless the COUNTY, its officials, officers, agents, volunteers, and employees from all such claims irrespective of any determination of any pertinent tribunal, agency, board, commission, or court. Such personnel or other persons shall neither require nor be entitled to any compensation, rights, or benefits of any kind from the COUNTY, including, without limitation, tenure rights, medical and hospital care, sick and vacation leave, Workers' Compensation, Re-employment Compensation, disability, severance pay, and retirement benefits. 6. NON-DISCRIMINATION A. In accordance with the COUNTY's policies against discrimination, LGU agrees that it shall not exclude any person from full employment rights nor prohibit participation in or the benefits of, any program, service or activity on the grounds ofrace, color, creed, religion, age, sex, disability, marital status, sexual orientation, public assistance status, or national origin. No person who is 2 protected by applicable Federal or State laws against discrimination shall be subjected to discrimination. 7. INDEMNIFICATION LGU agrees to defend, indemnify, and hold harmless the COUNTY, its officials, officers, agents, volunteers and employees from any liability, claims, causes of action, judgments, damages, losses, costs, or expenses, including reasonable attorney's fees, resulting directly or indirectly from any act or omission ofLGU, a subcontractor hired by the LGU, anyone directly or indirectly employed by them, and/or anyone for whose acts and/or omissions they may be liable in the performance ofthe services required by this Agreement, and against all loss by reason ofthe failure of LGU to perform any obligation under this Agreement. Nothing in this Agreement constitutes a waiver by the LGUs of any statutory or common law defenses, immunities, or limits on liability. The LGUs cannot be required to pay on behalf of themselves and COUNTY to a third party, any amounts in excess of the limits on liability established in Minnesota Statutes Chapter 466 applicable to anyone party. The limits ofliability for COUNTY and LGUs may not be added together to determine the maximum amount ofliability for LGUs. 8. DATA PRACTICES LGU, its officers, agents, owners, partners, employees, volunteers and subLGUs shall abide by the provisions of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13 (MGDP A), the Health Insurance Portability and Accountability Act and implementing regulations, if applicable, and all other applicable state and federal laws, rules, regulations and orders relating to data privacy or confidentiality. IfLGU creates, collects, receives, stores, uses, maintains or disseminates data because it performs functions of the COUNTY pursuant to this Agreement, then LGU must comply with the requirements of the MGDPA as ifit were a government entity, and may be held liable under the MGDP A for noncompliance. LGU agrees to defend, indemnify and hold harmless the COUNTY, its officials, officers, agents, employees, and volunteers from any claims resulting from LGU's officers', agents', owners', partners', employees', volunteers', assignees' or subLGUs' unlawful disclosure and/or use of such protected data, or other noncompliance with the requirements of this section. LGU agrees to promptly notify the COUNTY if it becomes aware of any potential claims, or facts giving rise to such claims, under the MGDPA. The terms of this section shall survive the cancellation or termination of this Agreement. 9. RECORDS - AVAILABILITY/ACCESS Subject to the requirements of Minnesota Statutes Section 16C.05, Subd. 5, LGU agrees that the COUNTY, the State Auditor, the Legislative Auditor or any of their authorized representatives, at any time during normal business hours, and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, 3 and transcribe any books, documents, papers, records, etc., which are pertinent to the accounting practices and procedures of LGU and involve transactions relating to this Agreement. LGU shall maintain these materials and allow access during the period of this Agreement and for six (6) years after its termination or cancellation. 10. SUCCESSORS, SUBCONTRACTING AND ASSIGNMENTS A. LGU binds itself, its partners, successors, assigns and legal representatives to the COUNTY for all covenants, agreements and obligations contained in the contract documents. B. LGU shall not assign, transfer or pledge this Agreement and/or the services to be performed, whether in whole or in part, nor assign any monies due or to become due to it without the prior written consent of the COUNTY. A consent to assign shall be subject to such conditions and provisions as the COUNTY may deem necessary, accomplished by execution of a form prepared by the COUNTY and signed by LGU, the assignee and the COUNTY. Permission to assign, however, shall under no circumstances relieve LGU of its liabilities and obligations under the Agreement. C. LGU may subcontract for the services to be performed pursuant to this contract. Permission to subcontract, however, shall under no circumstances relieve LGU of its liabilities and obligations under the Agreement. Further, LGU shall be fully responsible for the acts, omissions, and failure of its subLGUs in the performance ofthe specified contractual services, and ofperson(s) directly or indirectly employed by subLGUs. Contracts between LGU and each subLGU shall require that the subLGU's services be performed in accordance with the terms and conditions specified. LGU shall make contracts between LGU and subLGUs available upon request. 11. MERGER AND MODIFICA nON A. It is understood and agreed that the entire Agreement between the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter. All items that are referenced or that are attached are incorporated and made a part of this Agreement. If there is any conflict between the terms of this Agreement and referenced or attached items, the terms of this Agreement shall prevail. B. Any alterations, variations, modifications, or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement signed by the parties. 4 12. DEFAULT AND CANCELLATION A. If LGU fails to perform any of the provisions of this Agreement or so fails to administer the work as to endanger the performance of the Agreement, it shall be in default. Unless LGU's default is excused by the COUNTY, the COUNTY may upon written notice immediately cancel this Agreement in its entirety. Additionally, failure to comply with the terms of this Agreement shall be just cause for the COUNTY to delay payment until LGU's compliance. In the event of a decision to withhold payment, the COUNTY shall furnish prior written notice to LGD. B. The above remedies shall be in addition to any other right or remedy available to the COUNTY under this Agreement, law, statute, rule, and/or equity. C. The COUNTY's failure to insist upon strict performance of any provision or to exercise any right under this Agreement shall not be deemed a relinquishment or waiver of the same, unless consented to in writing. Such consent shall not constitute a general waiver or relinquishment throughout the entire term of the Agreement. D. This Agreement may be canceled with or without cause by either party upon thirty (30) day written notice. E. Provisions that by their nature are intended to survive the term, cancellation or termination of this Agreement include but are not limited to: INDEPENDENT CONTRACTOR; INDEMNIFICATION; DATA PRACTICES; RECORDS- AVAILABILITY/ACCESS; DEFAULT AND CANCELLATION; PROMOTIONAL LITERATURE; and MINNESOTA LAW GOVERNS. 13. CONTRACT PROCESSING AND ADMINISTRATION The Minnesota Amateur Sports Commission ("MASC") will serve as staff liaison in the grant process administration. Responsibilities will include but not be limited to: forwarding all required grant processing documents to LGU; and forwarding appropriate documents to COUNTY for processing and/or execution (i.e., grant contract and invoice requests). MASC will serve as contact for grant administration and/or processing mqumes. Kimberly Spates, or successor (County Contract Administrator), shall manage this Agreement on behalf of the COUNTY and serve as contract liaison between the COUNTY and LGU. 5 14. COMPLIANCE AND NON-DEBARMENT CERTIFICATION A. LGU shall comply with all applicable federal, state and local statutes, regulations, rules and ordinances currently in force or later enacted. B. If the source or partial source of funds for payment of services under this Agreement is federal, state or other grant monies, LGU shall comply with all applicable conditions of the specific referenced or attached grant. C. LGU certifies that it is not prohibited from doing business with either the federal government or the State of Minnesota as a result of debarment or suspension proceedings. 15. NOTICES Any notice or demand which must be given or made by a party under this Agreement or any statute or ordinance shall be in writing, and shall be sent registered or certified mail. Notices to the COUNTY shall be sent to the County Administrator with a copy to the originating Department at the address given in the opening paragraph of the Agreement. Notice to LGU shall be sent to the address stated in the opening paragraph of the Agreement. 16. PROMOTIONAL LITERATURE LGU agrees that the terms "Hennepin County" or any derivative shall not be utilized in any promotional literature, advertisements of any type or form or client lists without the express prior written consent of the COUNTY. 17. MINNESOTA LAWS GOVERN The Laws of the State of Minnesota shall govern all questions and interpretations concerning the validity and construction of this Agreement and the legal relations between the parties and their performance. The appropriate venue and jurisdiction for any litigation will be those courts located within the County of Hennepin, State of Minnesota. Litigation, however, in the federal courts involving the parties will be in the appropriate federal court within the State of Minnesota. If any provision of this Agreement is held invalid, illegal or unenforceable, the remaining provisions will not be affected. THIS PORTION OF PAGE INTENTIONALLY LEFT BLANK 6 LGU AUTHORIZATION *LGU: By: Its: And: Its: organized under: Statutory_______ Option A_______ Option B _______ Charter *LGU shall submit applicable documentation (articles, bylaws, resolutions or ordinances) that confirms the signatory's delegation of authority. This documentation shall be submitted at the time LGU returns the Agreement to the COUNTY. Documentation is not required for a sole proprietorship. COUNTY BOARD AUTHORIZATION Reviewed by the County Attorney's Office COUNTY OF HENNEPIN STATE OF MINNESOTA By: Chair ofltsCounty Board Date: ATTEST: Deputy/Clerk of County Board Date: And: Assistant/Deputy/County Administrator Date: 7 PROFESSIONAL SERVICES AGREEMENT This Agreement is made as of the 7111 day of July, 2010, by and between the City of Golden Valley, hereinafter referred to as City, and Anderson-Johnson Associates, Inc., hereinafter referred to as Consultant, with offices located at 7575 Golden Valley Road, Suite 200, Minneapolis, MN 55427. Witnesseth, that the City and Consultant, for the consideration herein named, agree as follows: SECTION 1/ GENERAL CONTRACT PROVISIONS These provisions shall be as set forth in Exhibit A. SECTION 2/ SCOPE OF WORK The scope of work to be performed by Consultant is set forth in Exhibit C. The work and services to be performed hereunder and described in Exhibit C shall be referred to herein and in the General Contract Provisions as the Project. SECTION 3/ COMPENSATION Compensation to Consultant for services described in this Agreement shall be as designated in the attached Exhibit D and as hereinafter described. SECTION 4/ WORK SCHEDULE The anticipated schedule is set forth in Exhibit C. SECTION 5 / SPECIAL CONDITIONS Special conditions, if any, are as set forth in Exhibit G. SECTION 6 / EXHffiITS The following initialed Exhibits are attached to and made a part of this Agreement: X Exhibit A General Contract Provisions X Exhibit B Definitions X Exhibit C Scope of Work X Exhibit D Compensation X Exhibit E Insurance Schedule X Exhibit F Rate Schedule Professional Services Agreement Page I of 13 SECTION 7.1 / ACCEPTANCE OF AGREEMENT All work and services described in this Agreement and compensation terms provided within Exhibit D.l shall be performed by Consultant only after written acceptance of the City. The undersigned hereby accept the terms and conditions of this Agreement and Consultant is hereby authorized to perform the services described herein. CITY: CITY OF GOLDEN VALLEY ADDRESS: 7800 GOLDEN V ALLEY ROAD GOLDEN VALLEY, MN 55427 BY: Linda R. Loomis SIGNATURE: TITLE: Mavor BY: Thomas D. Burt SIGNATURE: TITLE: City Manager ADDRESS: CONSULTANT: ANDERSON-JOHNSON ASSOCIATES, INC. ADDRESS: 7575 GOLDEN VALLEY ROAD GOLDEN VALLEY, MN 55427 By: David A. Rey, PE SIGNATURE: TITLE: Vice President SECTION 7.2/ ACCEPTANCE OF AGREEMENT All work and services described in this Agreement and compensation terms provided within Exhibit D.2 shall be performed by Consultant only after written acceptance of the City. The undersigned hereby accept the terms and conditions of this Agreement and Consultant is hereby authorized to perform the services described herein. CITY: CITY OF GOLDEN VALLEY ADDRESS: 7800 GOLDEN VALLEY ROAD GOLDEN VALLEY, MN 55427 BY: Linda R. Loomis SIGNATURE: TITLE: Mavor BY: Thomas D. Burt SIGNATURE: TITLE: City Manager ADDRESS: CONSULTANT: ANDERSON-JOHNSON ASSOCIATES, INC. ADDRESS: 7575 GOLDEN VALLEY ROAD GOLDEN VALLEY, MN 55427 By: David A. Rey, PE SIGNATURE: TITLE: Vice President Professional Services Agreement Page 2 of 13 EXHIBIT A GENERAL CONTRACT PROVISIONS ARTICLE I - GENERAL These general contract provisions are incorporated in and become a part of the Agreement to which it is attached between Anderson-Johnson Associates, Inc. hereinafter referred to as Consultant, and the other party to the Agreement, City of Golden Valley, hereinafter referred to as City, wherein the City engages the Consultant to provide certain services more particularly described in Exhibit C, Scope of Work. Either party may be hereinafter referred to as party or, collectively, parties. The starting date will commence when authorized by the City. ARTICLE 2 - CHANGED CONDITIONS If the Consultant determines that any services it has been directed or requested to perform are beyond the scope as set forth in Exhibit C or that, due to changed conditions or changes in the method or manner of administration of the Project, the Consultant's effort required to perform its services under this Agreement exceeds the estimate which formed the basis for the Consultant's compensation, Consultant shall promptly notif'y the City of that fact. Additional work and additional compensation for such work, and the extension of time for completion thereof, shall be set forth in a supplemental Agreement entered into by the parties prior to proceeding with any additional work or related expenditures. Such supplemental Agreement shall be incorporated in and become a part of this Agreement. ARTICLE 3 - TERMINATION The City may by written notice terminate the Agreement or any portion thereof when it is deemed in the City's best interest to do so or the City is unable to adequately fund payment for the Agreement because of changes in State fiscal policy, regulation or law. In the event oftermination, copies of plans, reports, specifications, electronic drawing/data files (CADD), field data, notes, and other documents whether written, printed orrecorded on any medium whatsoever, finished or unfinished, prepared by the Consultant pursuant to this Agreement and pertaining to the work or to the Project, (hereinafter "Instruments of Service"), shall be made available to the City pursuant to Article 4. All provisions of this Agreement allocating responsibility or liability between the City and Consultant shall survive the completion of the services hereunder and/or the termination of this Agreement. ARTICLE 4 - REUSE AND DISPOSITION OF INSTRUMENTS OF SERVICE During the course of the work, the Consultant shall (if requested,) make available to the City copy(ies) of the Instruments of Service. At the time of completion or termination of the work, the Consultant shall make such Instruments of Service available to the City upon (i) payment of a mounts due and owing for work performed and expenses incurred to the date and time oftermination, and (ii) fulfillment of the City's obligation under this Agreement and such Instruments of Service shall become the property of the City. Any use or re-use of such Instruments of Service by the City or others without written verification or adaption by the Consultant except for the specific purpose intended will be at the City's risk and full legal responsibility. The City agrees, to the fullest extent permitted by law, to indemnif'y and hold the Consultant harmless from any claim, liability or cost (including reasonable attorneys' fees, and defense costs) arising or allegedly arising out of any unauthorized reuse or modification of these Instruments of Service by the City or any person or entity that acquires or obtains the reports, plans and specifications from or through the City without the written authorization of the Consultant. Under no circumstances shall transfer of Instruments of Service be deemed a sale by Consultant, and Consultant makes no warranties, either expressed or implied, of merchantability and fituess for any particular purpose. Consultant shall cause any contract for work between Consultant and a third party for work under this Agreement to contain the terms and provisions of this Article 4 relating to the Instruments of Service created by such subcontractor. ARTICLE 5 - AGREEMENT As used herein Agreement means: (1) The Agreement for engineering, surveying and planning services; (2) These general contract provisions; (3) The attached exhibits; and (4) The supplemental Agreement, where applicable. As to superseding effect, the attached exhibits shall govern over these general provisions, and the supplemental Agreement, where applicable, shall govern over attached exhibits and these general provisions. The Agreement constitutes the entire understanding between the Consultant and City. The Agreement supersedes all prior written or oral understanding and may only be amended, supplemented, modified or cancelled by a duly executed written instrument. ARTICLE 6 - RESPONSIBILITIES A. In order to permit the Consultant to perform the services required under this Agreement, the City shall, in proper time and sequence and where appropriate to the Project, at no expense to the Consultant: I. Provide available information as to its requirements for the Project. 2. Guarantee access to and make all provisions for the Consultant to enter upon public and private lands to enable the Consultant to perform its work under this Agreement. 3. Provide such legal, accounting and insurance counseling services as may be required for this Project, (such as review of insurance certificates, bonding clarifications and legal questions regarding property acquisition or assessment). 4. Notif'y the Consultant whenever the City observes or otherwise becomes aware of any defect in the Project. 5. The Golden Valley City Councilor a person or persons designated, shall act as City's representative with respect to the services to be rendered under this Agreement. The City's representative shall have the authority to transmit and receive instructions and information and to interpret and define the City's policies with respect to services rendered by the Consultant. 6. Furnish data (and professional interpretations thereof) prepared by or services performed by others, including where applicable, but not limited to, previous reports, core borings, probings and sub-surface explorations, hydrographic and hydrogeologic surveys, laboratory tests and inspection of samples, materials and equipment; appropriate professional interpretations of the foregoing data; environmental assessment and impact statements; property, boundary, easement, right-of-way, topographic and utility surveys; property description; zoning, deed and other land use restrictions; and other special data. 7. Review all reports, sketches, drawings, specifications and other documents prepared and presented by the Consultant, obtain advice of legal, accounting and insurance counselors or others as City deems necessary for such examinations and render in writing decisions pertaining thereto within reasonable times so as not to delay the performance by the Consultant of the services to be rendered pursuant to this Agreement. 8. Where appropriate, endeavor to identif'y, remove and/or encapsulate asbestos products or materials or pollutants located in the project area prior to accomplishment by the Consultant of any work on the Project. 9. Provide record drawings and specifications for all existing physical plants of facilities which are pertinent to the Project. 10. Where available provide other services, materials, or data as may be set forth. II. Bear all costs incidental to compliance with the requirements of this article. 12. Provide the foregoing in a manner sufficiently timely so as not to delay the performance by the Consultant of the services in accordance with the Contract Documents. B. Consultant shall be entitled to rely on the accuracy and completeness of information or services furnished by the City or others employed by the City. Consultant shall endeavor to verif'y the information provided and shall promptly notif'y the City if the Consultant discovers that any information or services furnished by the City is in error or is inadequate for its purpose. ARTICLE 7 - OPINIONS OF COST Opinion, ifany, of probable cost, construction cost, financial evaluations, feasibility studies, economic analyses of alternate solutions and utilitarian considerations of operations and maintenance costs provided for are made or to be made on tbe basis of the Consultant's experience and qualifications and represent the Consultant's best judgment as an experienced and qualified professional design firm. The parties acknowledge, however, that the Consultant does not have control over the cost of labor, material, Exhibit A - General Contract Provisions Pagd of 13 equipment or services furnished by others or over market conditions or contractor's methods of determining their prices, and any evaluation of any facility to be constructed or acquired, or work of necessity must be speculative until completion of construction or acquisition. Accordingly, the Consultant does not guarantee that proposals, bids or actual costs will not vary from opinions, evaluations or studies submitted by the Consultant. ARTICLE 8 - INSURANCE Consultant has procured insurance in the types and amounts set forth in Exhibit E, and shall cause any work subcontracted to a third party to be completed under a subcontract requiring the procurement of insurance in the types and amounts set forth in Exhibit E. The Consultant further agrees to furnish certificates of the insurance set forth in Exhibit E to the City, naming the City as an additional insured, not later than ten (10) days after execution of this Agreement and will provide the City with written notice ten (10) days prior to cancellation of the policy or any material change in the coverage period. ARTICLE 9 - ASSIGNMENT This Agreement, intended to secure the service of individuals employed hy and through the Consultant, shall not he assigned or transferred without written consent of the City. ARTICLE 10 - CONTROLLING LAW This Agreement is to be governed by the laws of the State of Minnesota. ARTICLE II - NON-DISCRIMINATION Consultant will comply with the provisions of applicahle Federal, State and Local Statutes, Ordinances, and Regulations pertaining to human rights and non-discrimination, and shall cause any contract for work subcontracted to a third party to be completed under a subcontract requiring compliance with Article II herein. ARTICLEI2-CONFLICTRESOLUTION In an effort to resolve any conflicts that arise during the design or construction of the project or following the completion of the project, the City and Consultant agree that all disputes between them arising out of or relating to this Agreement shall be submitted to nonbinding mediation unless the parties mutually agree otherwise. ARTICLE 13 - CONFIDENTIALITY The Consultant agrees to keep confidential and not to disclose to any person or entity, other than the Consultant's employees, subconsultants and the general contractor and subcontractors, if appropriate, any data and information not previously known to and generated by the Consultant or furnished to the Consultant and marked CONFIDENTIAL by the City. These provisions shall not apply to information in whatever form that comes into the public domain, nor shall it restrict the Consultant from giving notices required by law or complying with an order to provide information or data when such order is issued by a court, administrative agency or other authority with proper jurisdiction, or if it is reasonably necessary for the Consultant to defend himself or herself from any suit or claim. ARTICLE 14 - LOCATION OF UNDERGROUND IMPROVEMENTS The Consultant andlor his authorized subconsultant will conduct the research that in his or her professional opinion is necessary and will prepare a plan indicating the locations intended for subsurface penetrations with respect to assumed locations of underground improvements. Such services by the Consultant or his or her subconsultant will be performed in a manner consistent with the ordinary standard of care. The City recognizes that the research may not identifY all underground improvements and that the information upon which the Consultant relies may contain errors or may not be completed. The City agrees, to the fullest extent permitted by law, to waive all claims and causes of action against the Consultant and anyone for whom the Consultant may be legally liable, for damages to underground improvements resulting from subsurface penetration locations established by the Consultant, except that the City does not release the Consultant, its principals, employees, agents and consultants from negligence which causes damage to underground improvements resulting from subsurface penetration locations established by the Consultant. ARTICLE 15 - REVIEW It is understood and agreed by the Consultant that the City, through its authorized agents sball be the sole and final judge of the fitness of the work and its acceptability, and no payment shall be made to the Consultant hereunder until the work shall have been found acceptable by the City tbrough its authorized agents. The Consultant shall be liable for any work done by a subcontractor for services rendered under this Agreement. The City shall be entitled to pay any such subcontractor directly in its own discretion. ARTICLE 16 - INDEMNIFICATION The Consultant agrees, to the fullest extent permitted by law, to indemnifY and hold the City, their elected officials, officers, agents and employees harmless from any damage, liability or cost (including reasonable attorneys' fees and costs of defense) to the extent caused by the provision of services, errors or omissions in the performance of professional services under this Agreement and those of Consultant, subconsultants or anyone for whom the Consultant is legally liable. The City agrees to the fullest extent permitted by law, to indemnifY and hold the Consultant harmless from any damage, liability or cost (including reasonable attorneys' fees and costs of defense) to the extent caused by the City's negligent acts, errors or omissions and those of his or her contractors, subcontractors or consultants or anyone for whom the City is legally liable, and arising from the project that is the subject of this Agreement. Exhibit A - General Contract Provisions Page 4 of 13 EXHIBIT B DEFINITIONS B.l "HOURLY BASIS" means that the fee shall be determined by multiplying the number of hours of work performed, times the direct personnel cost for the appropriate labor classification shown on the fee schedule. B.2 "EXPENSES" means costs incurred in the performance of the services described herein or authorized by the City which are not direct personnel costs or overhead costs. Expenses include long distance telephone charges, sub consultant fees, testing costs, outside reproduction and printing costs, equipment rental costs and similar costs. B.3 "IMPROVEMENT PROJECT" means public improvement projects authorized by the City and paid for with public funds. B.4 "INSTRUMENTS OF SERVICE" means the specifications, plans and other documents (including those in electronic form), prepared by Consultant and its subcontractors of this project. Exhibit B - Definitions Page 5 of 13 EXHIBIT C SCOPE OF WORK GENERAL SCOPE OF SERVICES FOR IMPROVEMENT PROJECTS Consultant shall act as a representative of the City during the development of the Little League Fields Honeywell Site located South of Sandburg Road at Louisiana Avenue. Consultant shall also provide engineering and consulting services that extend beyond this project at the direction of the City. Subject to further clarification and refinement on an ongoing basis, the Consultant shall perform the following general tasks to the level and frequency directed by the City: Stage 1 Stage 2 2.1 2.2 2.3 2.4 2.5 Data Collection 1.1 Review existing topographic survey of the site (topographic survey has already been obtained from Sunde Land Surveying, LLC dated October 1998). Update the topographic and boundary survey to show the removal of the parking lot from the 1998 survey and update the tree survey to show and identify significant trees in accordance with City requirements and specifications. Surveying will be accomplished by Sunde Land Surveying, LLC. Cost of updating the survey for the site is included in this proposal. Visit project site to identify existing conditions which may affect the proposed project. Site is believed to have contaminated soils; obtain and review reports from City's consultants and Environmental Engineer which identify the nature and characteristics of the contamination. The Environmental Engineer's costs and any required additional exploration and preparation of remediation plans and documents and their submittal for approval to the MPCA, is not included in AJA's proposal and will be paid for separately by the Owner. AJA's proposal includes all necessary coordination and meetings with the Owner's Environmental Engineer. AJA's proposal includes incorporation of the Environmental Engineer's remediation plan (for example: Response Action Plan) into the bidding and construction documents. Gather data from City, Watershed District and other review agencies. Conduct soil borings for the proposed site for the purpose of structural analysis, soil permeability and construction suitability. Work will be accomplished by American Engineering Testing, Inc. Cost of soil borings is included in this proposal. 1.2 1.3 1.4 1.5 1.6 Project Analysis, Conceptual Layout and Schematic Design Analyze data gathered from Data Collection phase, including a review of the Owner's Program for Site Facilities. Prepare Schematic Design Drawings based on Owner's Program and the constraints of the Site. Accomplish preliminary site engineering to ensure feasibility of proposed Study Plan. Prepare a Preliminary Opinion of Probable Project Cost. Review Schematic Design and Preliminary Opinion of Probable Project Cost with Owner and obtain approval to proceed to design development phase. Exhibit C - Scope of Work Page 6 of 13 Stage 3 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 Stage 4 4.1 4.2 4.3 4.4 4.5 Stage 5 5.1 5.2 5.3 5.4 Stage 6 6.1 6.2 6.3 6.4 6.5 6.6 6.7 6.8 Design Development Prepare Design Development Plans incorporating design requirements set forth in previous phase. Refine Opinion of Probable Project Costs. Review Design Development Plans and Opinion of Probable Project Costs with Owner and prepare 'final' Design Development Documents for submittal to City. Attend meetings, as required, to support Owner in receiving approval of the project. Meet and present Plans to City for review. Review Opinion of Probable Project Costs in relation to Owner's budget and refine scope as necessary. Submit plans to appropriate review agencies such as the City of Golden Valley and Bassett Creek Watershed District. Review Design Development Plans and updated Opinion of Probable Project Cost with Owner and obtain approval to proceed to Construction Document phase. Construction Documents Prepare Construction Documents based on approved Design Development Plans, including working drawings and technical specifications. Prepare General, Supplemental and Special Conditions of the Contract, incorporating City Standard front end specifications and supplementing these specifications where required. Attend meetings, if required, to support Owner in receiving approval of the project by the regulatory agencies. Prepare Advertisement for Bid and Bidding Documents. Preparation of the Storm Water Pollution Prevention Plan (SWPPP). Bidding Prepare bidding documents for the purpose of obtaining bids. Prepare addenda during the bidding phase. Answer questions to assist contractors in their bidding. Analyze bids and make recommendations to Owner. Contract Administration & Construction Observation Prepare and issue Notice to Proceed to successful bidder. Conduct Preconstruction Conference. Provide construction staking for the Contractor. Work will be accomplished by Sunde Land Surveying, LLC. Make periodic on-site observations (under this "base" proposal) in accordance with standard AlA requirements. Provide continuous on-site observations (under a separate Construction Services agreement with the City Public Works Department). A separate fee for this continuous service is proposed. Refer to the description of work towards the end of this proposal for more information. Provide SWPPP inspections at least once per week or after every rain event in accordance with the NPDES permit. Submit inspection reports to the City and Contractor. Provide construction testing for soils, concrete and asphalt as required by the project specifications. Work will be accomplished by American Engineering Testing, Inc. Provide interpretation of Contract Documents, as required. Exhibit C - Scope of Work Page 7 of 13 6.9 Issue Proposal Requests, Supplemental Instructions, and Construction Change Directives for changes made during construction. 6.10 Prepare and process Change Orders, if necessary. 6.11 Certify Contractor's requests for partial payment. 6.12 Make pre-final inspection, with Owner and Contractor. Schedule: anticipated duration in weeks - N .., .,. V> -a c- oo '" ~ = ~ :::l :! ~ ~ !:: ~ ~ R N ~ .... .,. V> ;El c- N N N N Data Collection ! , Owner's I Environmental Engineer review/ , , investigation , -.- --- Project Analysis, i Conceptual Layout & Schematic Design Phase Design Development Phase Construction ! I , Documents Phase i I I City Engineering revIew Bassett Creek I Watershed District i I plan review / , approval Bidding Construction 10 weeks up to seeding date I year to establish turf Exhibit C - Scope of Work Page 8 of 13 EXHIBIT D COMPENSATION The City shall pay the Consultant for Basic Services rendered for the work performed in accordance with the stages identified in Exhibit C as identified in D.1. Consultant's current fee schedule with hourly rates is attached to this contract as Exhibit F. The rate schedule is for 2010, and will remain in effect for the term ofthe project. The following are the compensation terms: D.1 To provide professional services outlined herein, we propose a lump sum fee of $55,300; the fee will be broken down as follows: Surveying... ....... ..... ........................ ...... ........................... ...... ......................... $ 3,900 Geotechnical Exploration..... ......................... ........ ......... ........................... ..... $ 9,700 Schematic Design Phase. ....... .............. ........................................... ................ $ 2,280 Design Development Phase ............... ...... ...... ........ ........................ ................. $ 5,700 Construction Document Phase........................................................................ $ 9,120 Bidding Phase................................................................................................. $ 1,140 Construction Administration......................... ......... ....... ...... ............... ........... $ 4,560* Construction Staking....... ............................................... ......... ...... ................. $ 5,400 Construction Soils Testing ............................................... ........ ....................... $ 6,000 As-Built Document Preparation and Submittal.............................................. $ 7.500 Total Fee....... ............... .......... ................................ ..... ..... ...... ........................ $55,300 *exclusive of full time construction services proposal as identified according to D.2 D.2 The City shall pay the Consultant for Basic Services rendered on an hourly basis as mutually agreed to and deemed fair and reasonable for the particular work to be performed. AJ A proposes to provide construction services as described below in the event that City staff is not able to perform these services: 1. Provide continuous construction observation during storm sewer construction. 2. Provide continuous construction observation during irrigation construction. 3. Provide continuous construction observation during draintile construction. 4. Provide continuous construction observation during conduit construction. 5. Provide continuous construction observation during all other underground work. 6. Provide minimum 24 hours (three - 8 hour days) construction observation during non-underground work during active construction periods. Additional Fee for Construction Services: $21,400 Exhibit D - Compensation Page 9 of 13 D.3 Receipt of Payment In order to receive payment for services, the Consultant shall submit monthly invoices describing in detail the services performed in accordance with this contract. The City shall pay Consultant before ten (10) days after receipt of (a) each monthly invoice, (b) a certificate from the City that work has been completed, and (c) an opinion of the City's attorney that the City is then obligated to pay the sum contracted for herein. All payments to the Consultant shall be made payable to Anderson-Johnson Associates, Inc. and the City does not assume and shall not have any responsibility for the allocation of payments or obligations of the Consultant to third parties. D.4 Expenses Consultant shall be reimbursed for reasonable expenses related to the scope of services of this contract and/or individual projects. The Consultant shall be reimbursed for the actual cost of the expenses, without markup. Typical expenses include, but are not limited to, the following: · Plan and specification reproduction fees · Costs related to the development ofproject photos The following shall not be considered reimbursable expenses: · Mileage · Mobile phone usage · Computer equipment time · Preparation and reproduction of common correspondence · Mailing Exhibit D - Compensation Page 10 of 13 EXHIBIT E INSURANCE SCHEDULE 1. Worker's Compensation Insurance: A. Statutory Compensation Coverage B. Coverage B - Employer's Liability with limits of not less than: $100,000 Bodily Injury per Disease per Employee $500,000 Bodily Injury per Disease Aggregate $100,000 Bodily Injury by Accident 2. Automobile Liability Insurance: A. Minimum Limits of Liability: $1,500,000 - Per Occurrence - Bodily Injury and Property Damage Combined Single Limit B. Coverages: X Owned Automobile, if any X Non-Owned Automobile X Hired Automobile X City of Golden Valley named as Additional Insured 3. General Liability Insurance: A. Minimum Limits of Liability: $1,500,000 - Per Occurrence $3,000,000 - Annual Aggregate B. Coverages: X Bodily Injury X Property Damage X Personal Injury X Blanket Contractual X City of Golden Valley named as Additional Insured 4. Professional Liability/Miscellaneous Liability Insurance: Coverage for negligent acts, errors or omissions arising out of the performance of professional services included in the Contract coverage shall continue for a minimum of five (5) years. A. Minimum limit ofliability of $2,000,000 per occurrence B. Deductible not to exceed $5,000 (if in excess, submit certified financial statement) C. If Claims-Made, please complete the following: Contractor's policy(ies) shall be primary insurance to any other valid and collectible insurance available to the City of Golden Valley with respect to any claim arising out of this Contract, and provide the City of Golden Valley with thirty (30) days advance written notice of cancellations, non-renewals or reduction in limits or coverage or other material change. Exhibit F - Fee Schedule Page II ofl3 Contractor is responsible for payment of insurance deductibles. If Contractor is self- insured, a Certification of Self-Insurance must be attached. Insurance companies must have an "AM Best" rating of A-, class V or better, and be authorized to do business in the State of Minnesota. The insurance company or companies must be satisfactory to the City. Each subcontractor on this project will be required to furnish property damage and public liability insurance. All the requirements as to such insurance that are stated above and apply to the General Contractor apply also, except as to the amounts, to each of his subcontractors. Subcontractors will furnish property damage insurance and public liability insurance in amount proportionate to their respective subcontracts, but such amounts shall be satisfactory to the Engineer. Exhibit F - Fee Schedule Page 12 of 13 EXHIBIT F ANDERSON-JOHNSON ASSOCIATES, INC. 2010 FEE SCHEDULE Charges for professional and technical personnel will be made for time spent in the field, in consultation, and in travel to and from the jobsite and meetings. Classification Secretary Construction Observer Civil / CADD Technician Graduate Landscape Planner Landscape Architect Landscape Architect, ASLA Senior Landscape Architect, ASLA Civil Engineer, EIT Civil Engineer, PE Senior Civil Engineer, PE Executive Civil Engineer, PE Reimbursable Expenses Photocopies Bond Copying (E size sheets) Plotting Color Plotting (on photo paper) 24x36 30x42 Aerial Photography Delivery Facsimile Outsourced Reproduction $ 54 per hour $ 65 per hour $ 72 per hour $ 80 per hour $ 98 per hour $113 per hour $137 per hour $ 80 per hour $113 per hour $137 per hour $140 per hour $.15 / page $2.75/ page $2.75/ page $10.50/ page $11.25 / page $100/ site Equal to cost $0 At Cost + 20% Exhibit F - Fee Schedule Page 13 of 13 alley Memorandum Planning 763-593-8095/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting July 20, 2010 Agenda Item 3. F. Approval of Six Month Extension for Filing of Plat and Submitting Final PUD Plan Application - PUD #107 - The Towers at West End - Southwest Quadrant of 1-394 and Highway 100 - Duke Realty, Applicant Prepared By Mark Grimes, Director of Planning and Development Summary At the March 3, 2009 City Council meeting, the Council approved the Preliminary PUD Plan and Preliminary Plat for The Towers at West End PUD No.1 07. At the September 1, 2009 City Council meeting, the Council approved a 6-month extension for filing of Plat and submitting a Final PUD Plan application. At the February 16, 2010 City Council meeting, the Council approved a second 6-month extension or filing of Plat and submitting a Final PUD application. The Preliminary PUD Plan and Preliminary Plat provide for the construction of a 4,000+ space parking deck attached to several office buildings that are located in St. Louis Park. Due to market conditions, Duke is requesting 180 day extensions for the filing of applications for the Final PUD plan and the Final Plat. At the time of granting an extension, the City Council may add other conditions to the Preliminary PUD plan approval. At this time, the staff is recommending that additional conditions be added to the Preliminary PUD approval as follows: 1) Duke shall submit cash deposits as requested by the City to cover legal and engineering costs incurred by the City for consideration of the Preliminary Plan; and 2) Duke will be financially responsible for road construction under TH 100 and intersection improvements on the east side of TH 100 and traffic calming along the frontage road east of TH 100, to occur at the time building permits area applied for by Duke. Attachments Location Map (1 page) Letter from Duke Realty dated February 9,2010 (1 page) Recommended Action Motion to approve an extension for submittal of the Final PUD Plan application and the Final Plat for The Towers at West End, PUD No. 107 until February 28,2011, subject to the following conditions: 1. Duke shall submit cash deposits as requested by the City to cover legal and engineering costs incurred by the City for consideration of the Preliminary Plan. 2. Duke will be financially responsible for road construction under TH 100 and intersection improvements on the east side of TH 100 and traffic calming along the frontage road east of TH 100, to occur at the time building permits area applied for by Duke. 'l .t~11 \409 30Il 316 ~..~r:Up.~ 213. ~-;i':~ .,' ::: .... y,.r..~.:r:1 !!..I".... 4tI.309.-. ': I..~.... ~.I.I...i..j1.i:.. ~4.;~~_ Ul. .' 1'( m..lN. . iO 4tll' -~O ~ 4tlS 4541452:1 I! 4tIll : 4tI!l 408;;:ij 4301 liw < '-4175115 tl. SOl ~lo, SOlI ;'--'_ . 416 511 Sl5 ~. 4530 45,;NI 509 ~ \ 'C! 1- ~ ~ "\ ;,I, \ <1' HE Ld!f1POIld L J00~ NWLoopPond c:-- .. """.~stO .,.13" . NO "",,00 S TO:"" INTERSTATE 394 WD 1394 TO SB HWY100 S @ SD ItWYl00 S TO ED 1394 City of St. Louis Park 'l\ ~rI315 Subject Properties laJ C'-::\JW W,~'l }\'-e;i'"l:;; 0" C.(J:t(<:g~l; ':C:- ~O:jl:1 CIS ~))$ o YMtf! , Duke REALTY CORPORATION 07/07/10 Mr. Mark Grimes Director of Planning and Development City of Golden Valley 7800 Golden Valley Road Golden Valley, MN 55427 RE: The Towers at West End - Preliminary pun Golden Valley - St Louis Park, MN Dear Mark: This letter is to request a 180 day extension (February 28th, 2011) for our Towers at West End Development including the Preliminary PUD approvals. Market conditions have continued to be very challenging in the past year and our local office is unable to start speculative office development at this time. We have continued interest in build-to-suit prospects and will keep you updated as to when a project might begin. If you have any additional questions please contact me at 952/543-2989. Sincerely, Q.mJ, P. Eo David Bade, P.E. Development Services Manager Duke Realty 1600 Utica Ave S - #250 St Louis Park, MN 55416 alley M moran m Public Works 763-593-8030 I 763-593-3988 (fax) Executive Summary For Action Golden Valley City Council Meeting July 20,2010 Agenda Item 3. G. Resolution Authorizing Agreement with MnDOT Designating MnDOT as the City of Golden Valley's Agent for Federal Participation in Preliminary Engineering for the Reconstruction of Douglas Drive (CSAH 102); Authorizing the Commissioner of Transportation to Accept Federal Funds on City's Behalf Prepared By Jeannine Clancy, Director of Public Works Ron Nims, Public Works Project Coordinator Summary Earlier this year, the City was notified that it was selected to receive a $1,050,000 grant through the federal Non-Motorized Transportation Program (NMTP) for improvements on Douglas Drive (CSAH 102) from TH 55 to Medicine Lake Road (CSAH 70) that will include renovation/construction of pedestrian and bike facilities through the corridor. On January 5,2010 the Council authorized the Mayor to request that Hennepin County include the reconstruction of Douglas Drive in the county capital improvement program for year 2016. Before proceeding with the preliminary design, the City must enter into a Federal Participation in Preliminary Engineering agreement to have MnDOT act as the City's agent to receive the federal funding provided by the NMTP. A copy of the agreement is attached for Council consideration. The Council must pass a resolution approving the agreement and designating the Minnesota Commissioner of Transportation as the City's agent for accepting the federal aid funds. Preliminary Design will include the preliminary project layout, development of environmental documentation, identification of potential right of way/easement requirements. Funds remaining after preliminary design is complete are planned to be utilized for right of way/easement acquisition. Attachments Resolution Authorizing Agreement for Federal Participation in Preliminary Engineering for S.P. 128-091-03; NMTP 2710(269), Douglas Drive (CSAH 102) between TH 55 and Medicine Lake Road (CSAH 70), and Appointing the Minnesota Commissioner of Transportation as the City's Agent for Accepting Federal Funds on City's behalf (1 page) State of Minnesota Agency Agreement between Department of Transportation and City of Golden Valley for Federal Participation in Preliminary Engineering for S.P. 128-091-03; M.P. NMTP 2710(269) (9 pages) Recommended Action Motion to adopt Resolution Authorizing Agreement for Federal Participation in Preliminary Engineering for S.P. 128-091-03; NMTP 2710(269), Douglas Drive (CSAH 102) between TH 55 and Medicine Lake Road (CSAH 70), and Appointing the Minnesota Commissioner of Transportation as the City's Agent for Accepting Federal Funds on City's behalf. Resolution 10-40 July 20, 2010 Member introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING AGREEMENT WITH MnDOT DESIGNATING MnDOT AS THE CITY OF GOLDEN VALLEY'S AGENT FOR FEDERAL PARTICIPATION IN PRELIMINARY ENGINEERING FOR THE RECONSTRUCTION OF DOUGLAS DRIVE (CSAH 102); AUTHORIZING THE COMMISSIONER OF TRANSPORTATION TO ACCEPT FEDERAL FUNDS ON CITY'S BEHALF BE IT RESOLVED, that pursuant to Minnesota Statutes Section 161.36, the Commissioner of Transportation be appointed as Agent of the City of Golden Valley to accept as its agent, federal aid funds which may be made available for eligible transportation related projects. BE IT FURTHER RESOLVED, Linda R. Loomis, Mayor of the City of Golden Valley and Susan Virnig, City Clerk, are hereby authorized and directed for and on behalf of the City to execute and enter into an agreement with the Commissioner of Transportation prescribing the terms and conditions of said federal aid participation as set forth and contained in "Minnesota Department of Transportation Agency Agreement No. 97260," a copy of which said agreement was before the City Council and which is made a part hereof by reference. Linda R. Loomis, Mayor ATTEST: Susan M. Virnig, City Clerk The motion for the adoption of the foregoing resolution was seconded by Member and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted, signed by the Mayor and her signature attested by the City Clerk. MnlDOT Agreement No. 97260 STATE OF MINNESOTA AGENCY AGREEMENT BETWEEN DEPARTMENT OF TRANSPORTATION AND CITY OF GOLDEN VALLEY FOR FEDERAL P ARTICIP A TION IN PRELIMINARY ENGINEERING FOR S.P. 128-091-03; M.P. NMTP 2710(269) This agreement is entered into by and between City of Golden Valley ("City") and the State of Minnesota acting through its Commissioner of Transportation ("MnlDOT"), Pursuant to Minnesota Statutes Section 161.36, the City desires MnlDOT to act as the City's agent in accepting federal funds on the City's behalf for the construction, improvement, or enhancement of transportation fmanced either in whole or in part by federal funds, hereinafter referred to as the "Project"; and The City is proposing a federal aid project to develop design documents and obtain environmental clearance for the Douglas Drive rehabilitation project., hereinafter referred to as the "Preliminary Engineering;" and The Preliminary Engineering is eligible for the expenditure of federal aid funds, and is identified in MnlDOT records as State Project 128-091-03, and in Federal Highway Administration ("FHW N') records as Minnesota Project NMTP 2710(269); and Mn/DOT requires that the terms and conditions of this agency be set forth in an agreement. THE PARTIES AGREE AS FOLLOWS: 1. DUTIES OF THE CITY. A. DESIGNATION. The City designates Mn/DOT to act as its agent in accepting federal funds in its behalf made available for the Project. B. ELIGffiILITY I COSTS. The estimated cost of the Preliminary Engineering is $375,000. 1. It is anticipated that 100% (up to $ 375,000) of the cost of the Preliminary Engineering is to be paid from federal funds made available by the FHW A. The (Mn/DOT Agreement No. 97260) Page 1 City will pay any part of the cost or expense of the work that the FHW A does not pay. 2. Any costs incurred by the City prior to authorization of the Federal Funds, will not be eligible for federal participation. 3. Eligible cost and expense, if approved, may consist of the following: a) The cost of developing a layout, obtaining municipal approval and environmental approval. Development of right of way maps needed for proposed construction. b) The direct labor charges for City employees for the time that said employees are performing work pursuant to this agreement must be documented in a Public Interest Finding and approved by the FHW A. Said labor charges may include the prorata share of "labor additives" applicable to said labor charges. Costs to the City of "labor additives" consisting of holiday pay, vacation, sick leave, retirement, pension, unemployment taxes, compensation and liability insurance, lost time charges and similar costs incidental to labor employment will be reimbursed only when supported by adequate records. c) The applicable equipment rental charges for City owned equipment used by the City and mileage charges for employee owned vehicles used by the City on work performed pursuant to this agreement, at rates reflective of the City actual cost. d) Expenditures for materials, supplies, mechanical data processing and equipment rental, limited to the actual expenditures for the purposes of this agreement. e) The cost incurred by the City to employ outside forces to perform any or all of the work pursuant to this agreement, subject to the provisions of section J.D. SUBLETTING. 4. Expenditures for general administration, supervISIOn, maintenance and other overhead or incidental expenses of the City are not eligible for federal participation. 5. Acceptability of costs under this agreement will be determined in accordance with the cost principles and procedures set forth in the applicable Federal Acquisition Regulations, Contract Cost Principals and Procedures, 48 Code of Federal Regulations (CFR) 31 which is hereby incorporated by reference and made a part of this agreement. 6. For costs expected to exceed $ 375,000, the City must request the preparation and execution of a supplement to this agreement, prior to incurring such costs. (Mn!DOT Agreement No. 97260) Page 2 C. STAFFING. 1. The City will designate a publicly employed registered engineer, ("Project Engineer"), to be in responsible charge of the Project and to supervise and direct the work performed under any contract let for the Project. If City elects to use a private consultant for engineering services, the City will provide a qualified, full- time public employee of the City, to be in responsible charge of the Project. The services of the City to be performed pursuant to this agreement may not be assigned, sublet, or transferred unless the City is notified in writing by Mn/DOT that such action is permitted under 23 CFR 1.33 and 23 CFR 635.105 and state law. 1bis written consent will in no way relieve the City from its primary responsibility for performance of the work. 2. During the progress of the work on the Project, the City authorizes its Project Engineer to request in writing specific engineering and/or technical services from Mn/DOT, pursuant to Minnesota Statutes Section 161.39. Such services may be covered by other technical service agreements. If Mn/DOT furnishes the services requested, and if Mn/DOT requests reimbursement, then the City will promptly pay Mn/DOT to reimburse the state trunk highway fund for the full cost and expense of furnishing such services. The costs and expenses will include the current MnlDOT labor additives and overhead rates, subject to adjustment based on actual direct costs that have been verified by audit. Provision of such services will not be deemed to make Mn/DOT a principal or co-principal with respect to the Project. 3. The City will furnish the personnel, services, supplies, and equipment necessary to properly supervise, inspect, and document the work for the Project. D. SUBLETTING. The City will prepare request for proposals in accordance with Minnesota law and applicable Federal laws and regulations. 1. The City will solicit proposals for Preliminary Engineering after obtaining written notification from Mn/DOT that the FHW A has authorized the Project. Any Project advertised prior to authorization will not be eligible for federal reimbursement. 2. The City will prepare the request for proposal, which will include all of the federal-aid provisions supplied by Mn/DOT. 3. The City will prepare and publish the proposals solicitation for the Project as required by state and federal laws. The City will include in the solicitation the required language for federal-aid contracts as supplied by Mn/DOT. The solicitation will state where the City will receive the sealed proposals. 4. The City may not include other work in the contract for the authorized Project without obtaining prior notification from MnlDOT that such work is allowed by FHW A. Failure to obtain such notification may result in the loss of some or all of the federal funds for the Project. (MnJDOT Agreement No. 97260) Page 3 5. The City will prepare proposal packages and prepare and distribute any addendums, if needed. 6. The City will receive open, and evaluate proposals. 7. After the proposals are opened, the City will consider the proposals begin negotiations on the price of the Preliminary Engineering in accordance with the practice commonly known as Quality Based Selection. If the proposal contains a goal for Disadvantaged Business Enterprises, the City will not award the bid until it has received certification of the Disadvantaged Business Enterprise participation from the MnlDOT Equal Employment Opportunity Office. 8. This written consent will in no way relieve the City from its primary responsibility for performance of the work. Subcontractor agreements must contain all appropriate terms and conditions of this agreement. E. CONTRACT ADMINISTRATION. 1. The City will request approval from MnlDOT for all costs in excess of the amount of federal funds previously approved for the Project prior to incurring such costs. Failure to obtain such approval may result in such costs being disallowed for reimbursement. 2. The City will prepare reports, keep records, and perform work so as to enable Mn/DOT to collect the federal aid sought by the City. The City will retain all records and reports in accordance with MnlDOT's record retention schedule for federal aid projects. 3. Upon completion of the Project, the Project Engineer will determine whether the work will be accepted. F. PA~E}ffS. 1. The entire cost of the Project is to be paid from federal funds made available by the FHW A and by other funds provided by the City. The City will pay any part of the cost or expense of the Project that is not paid by federal funds. 2. The City may request partial payments not more than once each thirty (30) days. The Project Engineer will certify each partial payment. 3. The invoice and supplements thereto, will contain all details that may be necessary for a proper audit. Such details will consist of at least the following: (a) A breakdown of labor by individual, classification, dates and hours worked times the applicable rate to arrive at a total dollar amount for each individual. (b) The labor additive shall be applied to total labor dollars. (Mn/DOT Agreement No. 97260) Page 4 C c) The equipment charges shall be broken down by type of equipment times the applicable rate and dates used to arrive at total equipment charges. (d) A detailed breakdown of outside services used and supporting invoices and documentation that costs of outside services have been paid. (e) Detail for materials, supplies, and other items with the description, units, and unit prices included in the invoice. If materials or supplies are purchased from an outside source, a copy of that invoice should be included. Cf) The invoices will include 100% of eligible charges applicable to the Preliminary Engineering so that the prorata share of federal and City participation can be applied to the total costs. 4. Following certification of the final estimate, the City may request reimbursement for costs eligible for federal funds. The City's request will be made to MnlDOT and will include a copy of the certified final estimate along with the required records. 5. Reimbursement of costs under this agreement will be based on actual costs. G. LIMITATIONS. 1. The City will comply with all applicable Federal, State, and local laws, ordinances, and regulations. 2. Nondiscrimination. It is the policy of the FHW A and the State of Minnesota that no person in the United States will, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance (42 V.S.C. 2000d). Through expansion of the mandate for nondiscrimination in Title VI and through parallel legislation, the proscribed bases of discrimination include race, color, sex, national origin, age, and disability. In addition, the Title VI program has been extended to cover all programs, activities and services of an entity receiving Federal financial assistance, whether such programs and activities are Federally assisted or not. Even in the absence of prior discriminatory practice or usage, a recipient in administering a program or activity to which this part applies, is expected to take affirmative action to assure that no person is excluded from participation in, or is denied the benefits of, the program or activity on the grounds of race, color, national origin, sex, age, or disability. It is the responsibility of the City to carry out the above requirements. 3. Workers' Compensation. Any and all employees of the City or other persons while engaged in the performance of any work or services required or permitted by the City under this agreement will not be considered employees of MnlDOT, (Mn/DOT Agreement No. 97260) Page 5 and any and all claims that may arise under the Workers' Compensation Act of Minnesota on behalf of said employees, or other persons while so engaged, will in no way be the obligation or responsibility of MnlDOT. The City will require proof of Workers' Compensation Insurance from any contractor and sub- contractor. H. AUDIT. 1. The City will comply with the Single Audit Act of 1984 and Office of Management and Budget (OMB) circular A-133 including amendments and successors thereto, which are incorporated herein by reference. 2. As provided under Minnesota Statutes Section 16C.05, subdivision 5, all books, records, documents, and accounting procedures and practices of the City are subject to examination by the United States Government, MnlDOT, and either the Legislative Auditor or the State Auditor as appropriate, for a minimum of six years. The City will be responsible for any costs associated with the performance of the audit. I. MAINTENANCE. The City assumes full responsibility for the operation and maintenance of any facility constructed or improved under this Agreement. 1. CLAIMS. The City acknowledges that Mn/DOT is acting only as the City's agent for acceptance and disbursement of federal funds, and not as a principal or co- principal with respect to the Project. The City will pay any and all lawful claims arising out of or incidental to the Project including, without limitation, claims related to contractor selection (including the solicitation, evaluation, and acceptance or rejection of bids or proposals), acts or omissions in performing the Project work, and any ultra vires acts. The City will indemnify, defend (to the extent permitted by the Minnesota Attorney General), and hold Mn/DOT harmless from any claims or costs arising out of or incidental to the Project, including reasonable attorney fees incurred by MnlDOT. The City's indemnification obligation extends to any l:lctions related to the certification of DBE participation, even if such actions are recommended by Mn/DOT. II. DUTIES OF Mn/DOT. A. ACCEPTANCE. Mn/DOT accepts designation as Agent of the City for the receipt and disbursement of federal funds and will act in accordance herewith. B. PROmCT ACTIVITIES. 1. Mn/DOT will make the necessary requests to the FHW A for authorization to use federal funds for the Project, and for reimbursement of eligible costs pursuant to the terms of this agreement. 2. Mn/DOT will provide to the City copies of the required Federal-aid clauses to be included in the proposal solicitation and will provide the required Federal-aid provisions to be included in the Proposal. (Mn/nOT Agreement No. 97260) Page 6 3. Mn/DOT will review and certify the DBE participation and notify the City when certification is complete. If certification ofDBE participation cannot be obtained, then the City must decide whether to proceed with awarding the contract. Failure to obtain such certification will result in the project becoming ineligible for federal assistance, and the City must make up any shortfall. C. PAYMENTS. 1. Mn/DOT will receive the federal funds paid by the FHWA for the Project, pursuant to Minnesota Statutes S 161.36, Subdivision 2. 2. Mn/DOT will review and certify each partial pay request. Following certification of the partial estimate, MnlDOT will reimburse the City, from said federal funds made available to the Project, for each partial payment request, subject to the availability and limits of those funds. 3. Upon completion of the Project, the City will prepare a final payment request in accordance with the terms of this agreement. Mn/DOT wiil review and certify the final payment request with a final audit. 4. No more than 90% of the reimbursement due under this agreement will be paid until completion of the final audit and approval by MnlDOT's authorized representative. 5. If Mn/DOT does not obtain funding from the FHW A or other funding source, or funding cannot be continued at a sufficient level to allow for the processing of the federal aid reimbursement requests, the City may continue the work with local funds only, until such time as Mn/DOT is able to process the federal aid reimbursement requests. D. AUTHORITY. Mn/DOT may withhold federal funds, if Mn/DOT or the FHWA determines that the Project was not cOlI!pleted in compliance with federal requirements. E. INSPECTION. Mn/DOT, the FHW A, or duly authorized representatives of the state and federal government will have the right to audit, evaluate and monitor the work performed under this agreement. The City will make available all books, records, and documents pertaining to the work hereunder, for a minimum of seven years following the closing of the construction contract. III. AUTHORIZED REPRESENTATIVES. Each authorized representative will have responsibility to administer this agreement and to ensure that all payments due to the other party are paid pursuant to the terms of this agreement. A. The City authorized representative is Jeannine Clancy, Golden Valley Director of Public Works. 7800 Golden Valley Road, Golden Valley, MN 55427, or her successor. (Mn!DOT Agreement No. 97260) Page 7 B. MnlDOT's authorized representative is Lynnette Roshell, Minnesota Department of Transportation, State Aid for Local Transportation, 395 John Ireland Boulevard, Mail Stop 500, St Paul, MN 55155, phone 651-366-3822, or her successor. IV. TORT LIABILITY. Each party is responsible for its own acts and omissions and the results thereof to the extent authorized by law and will not be responsible for the acts and omissions of any others and the results thereof. The Minnesota Tort Claims Act, Minnesota Statutes Section 3.736, governs MnlDOT liability. V. ASSIGNMENT. Neither party will assign or transfer any rights or obligations under this agreement without prior written approval of the other party. VI. AMENDMENTS. Any amendments/supplements to this Agreement must be in writing and be executed by the same parties who executed the original agreement, or their successors in office. . VII. TERM OF AGREEMENT. This agreement will be effective upon execution by the City and by appropriate State officials, pursuant to Minnesota Statutes Section 16C.05, and will remain in effect for five (5) years from the effective date or until all obligations set forth in this agreement have been satisfactorily fulfilled, whichever occurs first. VIII. TERMINATION. This agreement may be terminated by the City or MnlDOT at any time, with or without cause, upon ninety (90) days written notice to the other party. Such termination will not remove any unfulfilled financial obligations of the City as set forth in this Agreement. In the event of such a termination the City will be entitled to reimbursement for MnlDOT -approved federally eligible expenses incurred for work satisfactorily performed on the Project to the date of termination subject to the terms of this agreement. (1m/DOT Agreement No. 97260) Page 8 IN WITNESS WHEREOF, the parties have caused this Agreement to be duly exe~uted intending to be bound thereby. CITY DEPARTMENT OF TRANSPORT A nON City certifies that the appropriate person(s) have executed the contract on its behalf as required by applicable resolutions, ordinances, or charter provisions By: Title: Director. State Aid for Local Transportation By: Date: Date: COMMISSIONER OF ADMINISTRA nON Title: By: Date: By: Date: Title: (Mn/DOT Agreement No. 97260) Page 9 Public ~U~Y Mem ndu Police Department 763-593-8079 I 763-593-8098 (fax) Executive Summary For Action Golden Valley City Council Meeting July 20,2010 Agenda Item 3. H. Authorization to Sign Agreement with Chestnut & Cambronne, P.A. for Prosecution Services Prepared By Stacy A. Altonen, Chief of Police Summary The City's legal services agreement with Chestnut & Cambronne, P.A. for prosecution services will expire on December 31,2010. A new agreement covering the 4 year period beginning January 1,2011 and terminating December 31,2014 has been negotiated. The service terms and conditions for criminal prosecution work and property forfeitures related to criminal cases remains the same as the existing agreement. The financial terms of the new agreement call for an hourly rate of $110 in 2011 and 2012, and $125 in 2013 and 2014, plus expenses. he annual fee cap is set at $136,000 in 2011, $145,000 in 2012, $151,000 in 2013 and $157,000 in 2014, annually plus costs. The City Council is asked to authorize the Mayor and City Manager to enter into a Legal Services Agreement with Chestnut & Cambronne, P.A. for prosecution services for the period January 1,2011 through December 31, 2014. Attachments Legal Services Agreement (2 pages) Recommended Action Motion to authorize the Mayor and City Manager to execute a Legal Services Agreement with Chestnut & Cambronne, P.A. for prosecution services for the period January 1, 2011 through December 31,2014. LEGAL SERVICES AGREEMENT THIS AGREEMENT, made and entered into this _ day of June, 2010, by and between the City of Golden Valley, a Minnesota municipal corporation, hereinafter referred to as "Golden Valley" and Chestnut Cambronne, PA, hereinafter referred to as "Prosecuting Attorney". WHEREAS, the parties hereto desire to enter into an Agreement regarding prosecution services; NOW THEREFORE, in consideration of the mutual promises of the parties, Golden Valley and Prosecuting Attorney hereby agree: 1. Golden Valley hereby retains said Prosecuting Attorney to perform all of the criminal prosecution work and property forfeitures related thereto, for Golden Valley, and said Prosecuting Attorney agrees to do so under all terms and conditions set forth herein. 2. For said services, Golden Valley agrees to pay Prosecuting Attorney at the rate of One Hundred Ten and NO/l00 Dollars ($110.00) per hour plus costs, such payment to be on a monthly basis as billed. Notwithstanding, attorney fees charged to Golden Valley in the year 2011 shall not exceed One Hundred Thirty-Six Thousand and NO/l00 Dollars ($136,000.00), annually plus costs. Attorney fees charged to Golden Valley in the year 2012 shall not exceed One Hundred Forty-Five Thousand and NO/l00 Dollars ($145,000.00), annually plus costs. Commencing January 1, 2013 the Prosecuting Attorney's hourly rate shall increase to One Hundred Twenty-Five and NO/l00 Dollars ($125.00) per hour plus costs. Attorneys fees charged to Golden Valley in the year 2013 shall not exceed One Hundred Fifty-One Thousand and NO/l00 Dollars ($151,000.00). Attorney fees charged to Golden Valley in the year 2014 shall not exceed One Hundred Fifty-Seven Thousand and NO/l00 Dollars ($157,000.00). 3. During the term of the agreement, in the event there are changes in law or court procedures that require the expenditure of significant time and/or services not currently contemplated by the parties, Golden Valley and Prosecuting Attorney agree to negotiate additional or other terms acceptable to the parties. 4. The term of this contract shall be for four (4) years commencing January 1, 2011, and terminating December 31, 2014. IN WITNESS WHEREOF, the parties have, on the date first above-written, executed this Agreement in duplicate, each of which shall be considered an original. THE CITY OF GOLDEN VALLEY CHESTNUT CAMBRONNE, PA -< Its Mayor Francis J. Ron onl Its City Manager alley M mo nd City Administration/Council 763-593-8003/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting July 20, 2010 Agenda Item 3. I. Authorization to Sign Service Agreements with YMCA Prepared By Thomas Burt, City Manager Summary The City has a long history of using the services of Home Free. This service has in the past been paid for with pull-tab receipts that the Human Services Foundation distributes to a number of non-profit agencies that serve Golden Valley. Beginning in 2008 payment for this agreement was moved to the General Fund. Attachments Services Agreement with YMCA of Metropolitan Minneapolis, Northwest Branch (6 pages) Recommended Action Motion to authorize the City Manager to sign the service agreement with YMCA of Metropolitan Minneapolis, Northwest Branch. CITY OF GOLDEN VALLEY SERVICES AGREEMENT This Agreement ("Agreement") is made on the 21st day of July, 2010, by and between the CITY OF GOLDEN VALLEY ("City"), whose business address is 7800 Golden Valley Road, Golden Valley, Minnesota 55427, and YMCA OF METROPOLITAN MINNEAPOLIS, NORTHWEST BRANCH ("Provider"), a Minnesota corporation whose address is, 7601 42nd Avenue North; New Hope, Minnesota 55427. The Provider is a non-profit organization that has served youth and families in the City for nearly three decades. The Provider's programs and services are unique and are not available through any other local organization. The Provider employs 52 full-time and 225 part-time paid staff, has 31 board members and utilizes the services of approximately 400 volunteers. The City wishes to contract with the Provider to provide community services in the City. The parties wish to set forth in writing the terms and conditions of their ag reement. The City and Provider agree as follows: 1. SCOPE OF SERVICES The Provider shall provide the services as outlined in the attached Exhibit A and made part hereof. 2. PAYMENT The City agrees to pay the Provider $10,000 to assist the Provider in providing the services outlined on the attached Exhibit A. 3. TERM AND TERMINATION The term of this Agreement shall be from January 1, 2010, through December 31,2010. This Agreement may be terminated at anytime by either party upon sixty (60) days advance written notice. The City may terminate this Agreement immediately without notice should Provider (i) fail to provide the Services in accordance with this Agreement; or (ii) violate any ordinance or regulation of the City of Golden Valley or any state law or regulation. Extensions of this Agreement may be made by the written agreement of both parties. The City and Provider shall meet annually each November to discuss this Agreement and evaluate the Services provided hereunder. 4. NON-ASSIGNMENT Provider may not assign, subcontract, transfer, or pledge this Agreement and/or the services to be performed under it, whether in whole or in part, without the prior consent of the City. 5. DISCRIMINATION The Provider agrees not to discriminate in providing services under this Agreement on the basis of race, sex, creed, national origin, age or religion. 6. INDEMNITY The Provider agrees to hold harmless, indemnify and defend the City, their elected officials, officers, agents, and employees against any and all claims, losses, or damages, including attorneys' fees, arising from, allegedly arising from, or related to, the provision of services under this agreement by the Provider, its employees, agents, officers, or volunteer workers. 7. INDEPENDENT CONTRACTOR Nothing in this agreement is intended, nor may be construed, to create the relationship of partners or employer/employee between the parties. The Provider, its officers, agents, employees, and volunteers are, and will remain for all purposes and services under this agreement, independent contractors. 8. WAIVER Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. 9. AUTHORIZED AGENTS The City's authorized agent for the purpose of administration of this Agreement is: Thomas D. Burt, City Manager City of Golden Valley 7800 Golden Valley Road Golden Valley, Minnesota 55427 763-593-8003 The Contractor's authorized Agent is: Naomi Chambers Taylor, Executive Director Northwest Branch YMCA 7601 42nd Avenue North New Hope, Minnesota 55427 763-592-5541 10. NOTICES Any notices given under this Agreement will be served upon the other party's authorized agent either personally or by mail at the addresses stated herein. 11. ENTIRE AGREEMENT The Agreement contains the entire agreement of the parties with respect to the subject matter herein and supersedes all oral agreements and negotiations between the parties, as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. Executed as of the day and year first above written, CITY OF GOLDEN VALLEY (the "City") YMCA OF METROPOLITAN MINNEAPOLIS, NORTHWEST BRANCH ("Provider") Thomas D. Burt, City Manager Naomi Chambers Taylor, Executive Director EXHIBIT A Services provided by Provider (the "Services") 1. The Provider will provide comprehensive services through its Youth Development Program that combine prevention, intervention, and integration services customized to the individual needs of the City's youth, families and schools. 2. Through the Youth Development Program, the Provider will assist high-risk and at-risk youth in resolving the underlying issues and conditions that lead to destructive behaviors. 3. Through the Youth Development Program, the Provider will utilize methods aimed at preventing future problems and integrating youth into positive peer groups and supportive environments. 4. Through the Youth Development Program, the Provider will communicate and connect with the City's youth and families. 5. Through the Youth Development Program, the Provider will build long-term relationships between youth and positive, caring adults and peers. 6. Through the Youth Development Program, the Provider will assist youth in building personal character including a focus upon the values of Respect, Responsibility, Caring and Honesty. 7. In addition to the Youth Development Program, the Provider will offer a variety of other cultural, social, recreational, prevention and intervention programs that aim to reduce juvenile delinquency and recidivism by holding a young person accountable for his/her actions. 8. The Provider also offers the following services to youth and their families: one-to- one support; academic assistance; individual, group and family support services and advocacy; independent living skills training; truancy support and services; behavior modification groups; recreation and social activities; restitution; community service and service learning opportunities; mental health, medical and/or dental advocacy and services; cultural programs and activities; after- school programs, leadership programs, chemical use and abuse referral; parenting education; community connections and referral. 9. The Provider will provide intervention at the City's schools upon request. 10. The Provider will provide a runaway and homeless youth program in the northwest metro area including 24-hour crisis intervention; short-term emergency shelter; family reunification; transitional housing and support services. 11. The Provider will conduct group and individual support at elementary, middle and high schools on issues including anger and stress management; grief and loss; chemical abuse and chemical dependency in the family; conflict resolution; self- esteem; friendship and relationship development; truancy support; school success and independent-living skills. 12.Additionally, the Provider will provide the following services: . Truancy Program: A collaborative effort between police, schools and the YMCA that brings together parents and children who are experiencing difficulty with school attendance to set individual goals for improved school participation. Court and criminal proceedings can be diverted by successful completion of this program. YMCA employees assist with leading Truancy seminars as well as working with local police and schools to help youth and families understand the truancy process. . Y's Start: A program with three main components - service, education and recreation. Y's Start makes it possible for youth ages 11-14 to realize their potential, develop skills and utilize their talents for the greater benefit of the community. . Youth-In-Government A leadership development program for 7th-12th grade youth. The program stresses experiential learning and is an excellent forum for students to explore the concerns, opportunities and diverse perspectives that touch our world. Moreover, it builds character while developing leadership skills and promotes youth becoming responsible, active citizens. . YMCA & Golden Valley Police - Kids and Cops: The purpose of Kids and Cops is to foster positive relationships between middle school youth and police officers while offering safe and engaging after-school activities for those who are typically most at risk of being left alone after school, which is a peak time for youth to enter into destructive behavior. . Leaders Club: This group encourages teens to develop strong service and leadership traits by providing hands-on opportunities to grow and meet new people. Service, group and individual interaction and regional conferences are emphasized. Youth also have the opportunity to attend a week long Central Leaders School where they are immersed in Leadership training and how to bring their skills back to their individual clubs. Last year, nearly 30 youth participated in the Leaders Club at Sandburg Middle School. . Multi-Cultural Achievers: Support and leadership opportunities for high school students of African descent and their friends. Youth are exposed to a variety of career opportunities, college options, participate in and value community service projects this program is run on an association level in area schools. . YMCA Summer Power: YMCA Summer Power offers youth an alternative to traditional day care when school is out. K-6th graders are introduced to a variety of activities including arts and crafts, gym games, swimming and field trips. Experienced staff provide leadership and guidance designed around the core values of Honesty, Caring, Respect and Responsibility. Special "School Release Day Programs" are offered during school breaks. . YMCA Uproar: This summer program for 7th to 9th grade students allows Middle School youth an opportunity to be in fun, safe, environment through the summer months. Youth have the opportunity to explore the metro area through field trips, develop leadership skills through service learning, and develop as individuals through character development activities, academic exploration, and positive relationships with the staff. . NYPUM (National Youth Project Using Minibikes): This program allows youth a chance to learn about and ride minibikes as a reward for achieving positive goals. Youth complete weekly goal plans that develop self-esteem, enhance values and provide a sense of belonging. Each participant attends a minimum ten-week program, riding half-days at Camp Manitou. Transportation is provided. Upon completion, the youth perform for their family and the community. . Equestrian Program: This program uses horses as a reward for achieving positive goals. Youth complete weekly goal plans that develop self-esteem, enhance values and provide a sense of belonging. Each participant attends a minimum ten-week program, riding half-days at Camp Manitou. . SUCCESS: Each day youth from District 281 middle schools are bussed over to the YMCA to participate in the SUCCESS program (Student Undertaking Character Consciousness while Excelling in School and Social Skills). The program is designed to appeal to a wide array of youth and help develop friendships, strengthen academics, foster a sense of belonging and connectedness, and provide a safe place to go after school. . YMCA-Hennepin County Library After School Programming: Academic and recreation-based programming for elementary school students, meeting weekly in collaboration with Golden Valley Police and Fire Departments. Hey em randum Planning 763-593-8095/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting July 20, 2010 Agenda Item 4. A. Public Hearing - Ordinance #442, Adding a New Section 11.47: Wind Energy Conversion Systems Prepared By Joe Hogeboom, City Planner Summary Harnessing wind energy has become increasingly prevalent throughout the Midwestern United States. Local governments in the Twin Cities, such as the City of Minneapolis and Anoka County, have recently established regulations that address Wind Energy Conversion Systems (WECS.) WECS, known also as wind turbines or windmills, are the devices used to harness wind energy. The proposed regulations limit the location of Wind Energy Conversion Systems to parcels that are appropriate in land use. Additionally, the proposed regulations address the aesthetics and safety ofWECS. The proposed language states that all WECS devices require Conditional Use Permits (CUPs.) Obtaining a CUP, which is done through a public hearing process, would ensure that proper controls are placed on WECS. The internal 'Green Team,' the Environmental Commission, and the Planning Commission have reviewed the regulations and recommend them for approval. Attachments Planning Commission Minutes dated June 28, 2010 (2 pages) Proposed Section 11.74 with Planning Commission Recommendations (5 pages) Ordinance #442, Adding a New Section 11.47: Wind Energy Conversion Systems (5 pages) Recommended Action Motion to adopt Ordinance #442, Adding a New Section 11.47: Wind Energy Conversion Systems. Minutes of the Golden Valley Planning Commission June 28, 2010 Page 5 aldhauser questioned what would happ if someone installed a solar panel and a net bor planted trees to screen it. Hoge om explained that the City wouldn't get involv in a case like that and added the ity Attorney has said cities are allowed to place con Is on solar panels, they just c n't ban them or deny somebody access to solar energy. Keysser asked abo how a solar panel 0 a roof would affect the hei " a structure. Grimes said a solar pa on a roof would ot be considered part e structure. he public hearing. Seein d the public hearing. d that the word "for" should be Cera questioned the possibili Waldhauser asked about the rational e separation. Hogeboom said the separati of the Zoning Code and is required for s Eck referred to the proposed new. changed to the word "as". Keysser asked if there d uld be languag ,regarding solar t mal devices as well. Schmidgall noted th olar thermal devic would never be pia on a pole. MO\l by McCarty, seconded by Waldh ser and motion carried unanimously to r mend approval of the proposed Ian age regarding photovoltaic modules with the rrection noted by Commissioner Eck. 5. Informal Public Hearing - Zoning Code Amendment - Establish Regulations for Wind Energy Conversion Systems - ZOOO-85 Applicant: City of Golden Valley Purpose: To add regulations in the Zoning Code regarding Wind Energy Conversion Systems. Hogeboom stated that this proposed ordinance came from discussions with the City's Green Team and has been reviewed by the City Council and the Environmental Commission. He referred to a PowerPoint presentation and explained that most windmills and wind turbines are more appropriate in rural areas or open spaces so this ordinance will prohibit any wind energy conversion systems in the residential zoning districts. He explained that the ordinance will require a Conditional Use Permit for installation of a wind energy conversion system and will limit them to parcels that are over one acre in size. The ordinance also regulates the color and material used for wind energy conversion systems. He added that regular setback rules apply, they must comply with regulations established by local utility companies and may not be used for advertising. Minutes of the Golden Valley Planning Commission June 28,2010 Page 6 Keysser asked if the City envisions any type of rooftop system being used in the R-4 zoning district. Schmidgall said he didn't think that application would be technically practical because they would need a lot of support. McCarty said he thinks regulations for the residential zoning districts should be addressed. Grimes stated that in conversations he's had with industry professionals he's learned the a wind energy conversion system would have to be at least 30 feet above the tree canopy so it is not going to be practical in the residential zoning districts. He added that the City Council has also said they don't want to see these types of systems on residential properties. Keysser opened the public hearing. Seeing and hearing no one wishing to comment, Keysser closed the public hearing. Kluchka asked if the City Council will be encouraging the use of wind energy conversion systems. Hogeboom said he thinks if a system makes economic sense for a property owner the issues will take care of themselves. He said isn't sure if the Council is interested in offering economic assistance. McCarty referred to section 3(A)(1) regarding height and asked if it is referring to the overall height of the entire system or just the pole. Hogeboom said he would clarify the language but that it means the entire height of the system, from the base to the top of the blade. McCarty referred to section 3(A)(4) which states that mounted wind energy conversion systems shall be placed no lower than the primary roof line and asked for clarification. Hogeboom stated that refers to not allowing systems to be placed on the side of a building. McCarty referred to section 3(A)(6) regarding obtaining a building permit to install a wind energy conversion system and asked if the permit would require proof of structural capability. Hogeboom stated that part of the building permit process includes proving structural integrity. McCarty referred to section 3(8)(3) regarding the minimum distance between the ground and the vertical length of any extensions and suggested the word "distance" be changed to the word "clearance". McCarty referred to subdivision 5 and suggested that the second sentence be changed to say "the standards" apply instead of "they" apply. McCarty referred to subdivision 5(0)(3) and suggested the second sentence read as follows: The base of the wind energy conversion system shall maintain a minimum distance from public right-of-way equal to the vertical height of the system plus 10 feet. Grimes stated that the first sentence could probably be removed. MOVED by Waldhauser, seconded by Cera and motion carried unanimously to recommend approval of the proposed new language regarding wind energy conversion systems with the corrections noted by Commissioner McCarty. 9 11.74 Proposed language with Planning Commission recommended changes. Section 11.74: Wind Energy Conversion Systems Subdivision 1. Purpose The purpose of this ordinance is to allow for and regulate the location, placement, design, and maintenance of wind energy conversion systems, which are not otherwise subject to siting and oversight by the State of Minnesota, to ensure such facilities are appropriately located and are used in a safe and effective manner. Subdivision 2. Definitions A. Height: The height of a freestanding wind energy conversion system shall be measured as the distance from ground level to the highest point on the wind energy conversion system, including the vertical length of any extensions including without limitation the rotor blade at its highest point in rotation. The height of a building mounted wind energy conversion system shall be measured as the distance from the point where the base of the system is attached to the building or to the lowest point on the wind energy conversion system, whichever is closer to the ground, to the highest point on the wind energy conversion system, including the vertical length of any extensions including.L.without limitationL the rotor blade at its highest point in rotation. B. Monopole: A freestanding, self -supporting tower which uses a single pole, does not use a lattice design, and has no guyed wires. C. Wind Energy Conversion System: Any electrical generating facility that converts wind energy to electrical energy, such as a windmill or wind turbine, and associated and accessory facilities including without limitation the support structure of the system. Subdivision 3. Conditional Uses A. Mounted wind energy conversion systems shall be allowed by a Conditional Use Permit in all zoning districts except in the Single Family Zoning District (R-1), Moderate Density Residential Zoning District (R-2), Medium Density Residential Zoning District (R-3), High Density Residential Zoning District (R-4), and Shoreland Overlay Districts, subject to administrative review and approval by the City Manager or his/her designee, so long as they meet the following requirements: 1. Mounted wind -energy conversion systems shall not exceed fifteen (15) feet in height from the base to the top of the rotor blade in all zoning districts. Golden Valley City Code Page 1 of 5 ~ 11.74 2. No mounted wind energy conversion system shall be established on a :z;oning lot less than one (1) acre in area. A maximum of one (1) mounted wind energyconversion system per acre of lot area shall be allowed. 3. On buildings less than three (3) stories and thirty two (32) feet in height, mounted wind energy conversion systems shall be setback at least ten (10) feet from the front, side, and rear walls of the structure upon which the wind energy conversion system would be mounted. 4. Mounted wind energy conversion systems shall be placed no lower than the primary roof line. 5. The structure upon which the wind energy conversion system is mounted shall have the structural integrity to carry the weight and wind loads of the wind energy conversion system and have minimal vibration impacts on the structure. 6. A building permit shall be obtained before a mounted wind energy conversion system is placed on a structure. B. Freestanding wind energy conversion systems shall be allowed by a Conditional Use Permit in all :z;oning districts except in the Single Family Zoning District (R-l), Moderate Density Residential Zoning District (R-2), Medium Density Residential Zoning District (R-3), High Density Residential Zoning District (R-4), and Shoreland Overlay Districts, subject to administrative review and approval by the City Manager or his/her designee, so long as they meet the following requirements: 1. The height of freestanding wind energy conversion systems shall be no more than sixty (60) feet on lots between one (1) and five (5) acres and shall be no more than one hundred twenty (120) feet on lots of more than five (5) acres in area. 2. No freestanding wind energy conversion system shall be established on a lot less than one (1) acre in area. A maximum of one (1) freestanding wind energy conversion system per acre of lot area shall be allowed. 3. The minimum distance clearance between the ground and the vertical length of any extensions such as the rotor blades shall be fifteen (15) feet. 4. The base of the wind energy conversion system shall maintain a minimum distance from any overhead utility lines equal to twice the height of the Golden Valley City Code Page 2 of 5 9 11.74 wind energy conversion system. 5. The base of the wind energy conversion system shall maintain a minimum distance from the nearest residential structure equal to at least five hundred (500) feet. 6. All electrical wires associated with a freestanding wind energy conversion system shall be located within the tower and underground. 7. All sites shall be reasonably secured. The bottom of the wind energy conversion system, measured from ground level to twelve (12) feet above ground level, shall be designed in a manner to discourage unauthorized climbing. If fencing is used, it must be decorative and landscaping shall be used to soften its impact. Subdivision 4. Submittal Requirements The planning director, shall have up to sixty (60) working days following the submittal of a complete application to approve or deny such application. The planning director may impose such conditions and require such guarantees deemed reasonable and necessary to protect the public interest and to ensure compliance with the standards and purposes of this zoning code and policies of the comprehensive plan. A. The applicant shall submit the following: 1. A completed application for a Conditional Use Permit in accordance with Section 11.80 of the City Code. 2. A site plan showing the placement of the wind energy conversion system and its associated facilities and accessories, the location of property lines, location and height of structures, above-ground utilities, location and height of significant tress, set backs, easements and rights-of-way, and interconnection points with the grid. 3. A scaled drawing showing the dimensions of the system including the type of wind energy conversion system and the name plate generating capacity. 4. Documentation from the local utility showing that the wind energy conversion system is compliant with regulations related to utility connections if the system is to be connected to utility lines. Subdivision 5. Design and Performance Standards Design and performance standards are hereby established to meet the objectives of the City and the purposes and other provisions of this Chapter. =FRey The standards apply to both mounted and freestanding wind energy conversion systems. Golden Valley City Code Page 3 of 5 9 11. 74 A. COr1)patibility with nearby properties. Wind energy conversion systems shall utilize building materials, colors, and textures that are neutral and compatible with the existing principal structure. Rotor blades shall be non- metallic to prevent communication signal interference. Metal towers shall be constructed of, or treated with, corrosive resistant material. Unpainted, galvanized metal or similar towers shall be prohibited. B. Compliance. All systems shall be designed, constructed, and operated in compliance with all applicable federal, state, and local laws, codes, standards, and ordinances, as well as adhere to the requirements of local utilities if connected to utility lines. C. Controls and brakes. All systems shall contain an internal governor or braking device which engages at excessive wind speeds, determined by the manufacturer, to minimize the potential for wind damage to the equipment. D. Encroachments and setbacks. 1. Wind energy conversion systems shall comply with the minimum yard requirements of the district in which they are located. 2. Wind energy conversion systems shall comply with applicable regulations as established by the Federal Aviation Administration and Minnesota Pollution Control Agency. 3. No part of any 'wind cnergy conversion system shall extend tlcross or over any part of tl public right of 'Nay. Distance from any part of a publiC right of way must be so great that the vertical height of the system plus ten (10) feet is less than or equal to the horizontal distance from the base of the system to any part of a public right of 'way. The base of the wind energy conversion system shall maintain a minimum distance from public right-of-way equal to the vertical height of the system plus ten (10) feet. E. Interference. The wind energy conversion system shall be designed to not cause electrical, radio frequency, television, and other communication signal interference. F. Lighting. Wind energy conversion systems shall not be illuminated by artificial means, except where the illumination is specifically required by the Federal Aviation Administration or other federal, state, or local regulations. G. Maximum capacity. Wind energy conversion systems shall have a rated capacity of not more than one hundred (100) kilowatts. H. Maintenance reqlJired. All wind energy conversion systems shall be kept in good repair and free from rust, damaged supports, framework, or other components. Golden Valley City Code Page 4 of 5 9 11.74 I. Noise. Wind energy conversion systems shall comply with the standards governing noise of the Minnesota Pollution Control Agency. J. Safety. Wind energy conversion systems shall be designed to reduce the impact of ice buildup on extensions and ice throw from those extensions. K. Signage. Advertising or identification of any kind on wind energy conversion systems shall be prohibited, except for applicable warning and equipment information signage required by the manufacturer or by federal, state or local regulations. L. Tower type. Towers shall be of a monopole design. Subdivision 6. Abandoned or unused wind energy conversion systems All abandoned or unused wind energy conversion systems shall be removed within six (6) months of the cessation of normal operations and the property must be restored to its original condition or to an improved condition unless an extension is approved by the City Manager or his/her designee. If an extension is not approved, such wind energy conversion system shall be deemed a nuisance, and the City may act to abate such nuisance and require its removal and the restoration of the site at the property owner's expense. Golden Valley City Code Page 5 of 5 ORDINANCE NO. 442, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Adding a New Section 10.74: Wind Energy Conversion Systems The City Council for the City of Golden Valley hereby ordains as follows: Section 1. City Code, Chapter 11 is hereby amended by adding a new Section entitled 11.74: Wind Energy Conversion Systems, reading as follows: Section 11.74: Wind Energy Conversion Systems Subdivision 1. Purpose The purpose of this ordinance is to allow for and regulate the location, placement, design, and maintenance of wind energy conversion systems, which are not otherwise subject to siting and oversight by the State of Minnesota, to ensure such facilities are appropriately located and are used in a safe and effective manner. Subdivision 2. Definitions A. Height: The height of a freestanding wind energy conversion system shall be measured as the distance from ground level to the highest point on the wind energy conversion system, including the vertical length of any extensions including without limitation the rotor blade at its highest point in rotation. The height of a building mounted wind energy conversion system shall be measured as the distance from the point where the base of the system is attached to the building or to the lowest point on the wind energy conversion system, whichever is closer to the ground, to the highest point on the wind energy conversion system, including the vertical length of any extensions including, without limitation, the rotor blade at its highest point in rotation. B. Monopole: A freestanding, self -supporting tower which uses a single pole, does not use a lattice design, and has no guyed wires. C. Wind Energy Conversion System: Any electrical generating facility that converts wind energy to electrical energy, such as a windmill or wind turbine, and associated and accessory facilities including without limitation the support structure of the system. Subdivision 3. Conditional Uses A. Mounted wind energy conversion systems shall be allowed by a Conditional Use Permit in all zoning districts except in the Single Family Zoning District (R-l), Moderate Density Residential Zoning District (R-2), Medium Density Residential Zoning District (R-3), High Density Residential Zoning District (R-4), and Shoreland Overlay Districts, subject to administrative review and approval by the City Manager or his/her designee, so long as they meet the following requirements: 1. Mounted wind energy conversion systems shall not exceed fifteen (15) feet in height from the base to the top of the rotor blade in all zoning districts. 2. No mounted wind energy conversion system shall be established on a zoning lot less than one (1) acre in area. A maximum of one (1) mounted wind energy conversion system per acre of lot area shall be allowed. 3. On buildings less than three (3) stories and thirty two (32) feet in height, mounted wind energy conversion systems shall be setback at least ten (10) feet from the front, side, and rear walls of the structure upon which the wind energy conversion system would be mounted. 4. Mounted wind energy conversion systems shall be placed no lower than the primary roof line. 5. The structure upon which the wind energy conversion system is mounted shall have the structural integrity to carry the weight and wind loads of the wind energy conversion system and have minimal vibration impacts on the structure. 6. A building permit shall be obtained before a mounted wind energy conversion system is placed on a structure. B. Freestanding wind energy conversion systems shall be allowed by a Conditional Use Permit in all zoning districts except in the Single Family Zoning District (R-1), Moderate Density Residential Zoning District (R-2), Medium Density Residential Zoning District (R-3), High Density Residential Zoning District (R-4), and Shoreland Overlay Districts, subject to administrative review and approval by the City Manager or his/her designee, so long as they meet the following requirements: 1. The height of freestanding wind energy conversion systems shall be no more than sixty (60) feet on lots between one (1) and five (5) acres and shall be no more than one hundred twenty (120) feet on lots of more than five (5) acres in area. 2. No freestanding wind energy conversion system shall be established on a lot less than one (1) acre in area. A maximum of one (1) freestanding wind energy conversion system per acre of lot area shall be allowed. 3. The minimum clearance between the ground and the vertical length of any extensions such as the rotor blades shall be fifteen (15) feet. 4. The base of the wind energy conversion system shall maintain a minimum distance from any overhead utility lines equal to twice the height of the wind energy conversion system. 5. The base of the wind energy conversion system shall maintain a minimum distance from the nearest residential structure equal to at least five hundred (500) feet. 6. All electrical wires associated with a freestanding wind energy conversion system shall be located within the tower and underground. 7. All sites shall be reasonably secured. The bottom of the wind energy conversion system, measured from ground level to twelve (12) feet above ground level, shall be designed in a manner to discourage unauthorized climbing. If fencing is used, it must be decorative and landscaping shall be used to soften its impact. Subdivision 4. Submittal Requirements The planning director, shall have up to sixty (60) working days following the submittal of a complete application to approve or deny such application. The planning director may impose such conditions and require such guarantees deemed reasonable and necessary to protect the public interest and to ensure compliance with the standards and purposes of this zoning code and policies of the comprehensive plan. A. The applicant shall submit the following: 1. A completed application for a Conditional Use Permit in accordance with Section 11.80 of the City Code. 2. A site plan showing the placement of the wind energy conversion system and its associated facilities and accessories, the location of property lines, location and height of structures, above-ground utilities, location and height of significant tress, set backs, easements and rights-of-way, and interconnection points with the grid. 3. A scaled drawing showing the dimensions of the system including the type of wind energy conversion system and the name plate generating capacity. 4. Documentation from the local utility showing that the wind energy conversion system is compliant with regulations related to utility connections if the system is to be connected to utility lines. Subdivision 5. Design and Performance Standards Design and performance standards are hereby established to meet the objectives of the City and the purposes and other provisions of this Chapter. The standards apply to both mounted and freestanding wind energy conversion systems. A. Compatibility with nearby properties. Wind energy conversion systems shall utilize building materials, colors, and textures that are neutral and compatible with the existing principal structure. Rotor blades shall be non- metallic to prevent communication signal interference. Metal towers shall be constructed of, or treated with, corrosive resistant material. Unpainted, galvanized metal or similar towers shall be prohibited. B. Compliance. All systems shall be designed, constructed, and operated in compliance with all applicable federal, state, and local laws, codes, standards, and ordinances, as well as adhere to the requirements of local utilities if connected to utility lines. C. Controls and brakes. All systems shall contain an internal governor or braking device which engages at excessive wind speeds, determined by the manufacturer, to minimize the potential for wind damage to the equipment. D. Encroachments and setbacks. 1. Wind energy conversion systems shall comply with the minimum yard requirements of the district in which they are located. 2. Wind energy conversion systems shall comply with applicable regulations as established by the Federal Aviation Administration and Minnesota Pollution Control Agency. 3. The base of the wind energy conversion shall maintain a minimum distance from public right-of-way equal to the vertical height of the system plus ten (10) feet. E. Interference. The wind energy conversion system shall be designed to not cause electrical, radio frequency, television, and other communication signal interference. F. Lighting. Wind energy conversion systems shall not be illuminated by artificial means, except where the illumination is specifically required by the Federal Aviation Administration or other federal, state, or local regulations. G. Maximum capacity. Wind energy conversion systems shall have a rated capacity of not more than one hundred (100) kilowatts. H. Maintenance required. All wind energy conversion systems shall be kept in good repair and free from rust, damaged supports, framework, or other components. I. Noise. Wind energy conversion systems shall comply with the standards governing noise of the Minnesota Pollution Control Agency. J. Safety. Wind energy conversion systems shall be designed to reduce the impact of ice buildup on extensions and ice throw from those extensions. K. Signage. Advertising or identification of any kind on wind energy conversion systems shall be prohibited, except for applicable warning and equipment information signage required by the manufacturer or by federal, state or local regulations. L. Tower type. Towers shall be of a monopole design. Subdivision 6. Abandoned or unused wind energy conversion systems All abandoned or unused wind energy conversion systems shall be removed within six (6) months of the cessation of normal operations and the property must be restored to its original condition or to an improved condition unless an extension is approved by the City Manager or his/her designee. If an extension is not approved, such wind energy conversion system shall be deemed a nuisance, and the City may act to abate such nuisance and require its removal and the restoration of the site at the property owner's expense. Section 3. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 4. This Ordinance shall take effect from and after its passage and publication as required by law. Adopted by the City Council this 20th day of July, 2010. IslLinda R. Loomis Linda R. Loomis, Mayor ATTEST: IslSusan M. Virniq Susan M. Virnig, City Clerk alley Memo nd m Planning 763-593-8095/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting July 20, 2010 Agenda Item 4. B. Public Hearing - Ordinance #443 - Amending Sections 11.21 and 11.22 Regarding Photovoltaic Module Regulations Prepared By Joe Hogeboom, City Planner Summary Freestanding Photovoltaic modules (solar panel devices) are currently unregulated in City Code. Concern was raised over placing freestanding solar devices in inappropriate or incompatible locations in the single family and moderate density residential areas of the City. The City's internal 'Green Team,' the Environmental Commission, and the Planning Commission have recommended addressing this issue by amending City Code to apply setback standards for accessory structures to freestanding photovoltaic modules. As proposed, setback guidelines for freestanding photovoltaic modules would be as follows: . Modules cannot be located in the front yard of an R-1 or an R-2 property (closer than 35 feet to a property line parallel to a public road.) . Modules cannot exceed ten feet in height. . Modules must be located at least five feet from side and rear property lines. . Modules must be located at least ten feet from the primary structure (house) and at least five feet from all accessory structures (attached garages, sheds, etc.) This proposed amendment does not address solar panels that are attached to structures. Attachments Planning Commission Minutes dated June 28, 2010 (2 pages) Underlined/Overscored Version of Section 11.21, Subd. 12(H) (1 page) Underlined/Overscored Version of Section 11.22, Subd. 11 (H) (1 page) Ordinance No. 443, Amending Section 11.21 and 11.22 Regarding Photovoltaic Module Regulations (1 page) Recommended Action Motion to adopt Ordinance No. 443, Amending Sections 11.21 and 11.22 Regarding Photovoltaic Module Regulations. Minutes of the Golden Valley Planning Commission June 28, 2010 Page 4 rimes referred to the issue of mainte nce and stated that maintenance is addressed in tH roperty maintenance section of th City Code. He reiterated that the City Council has ask taff to research fence permit r uirements. He said he thinks requiring eople to find thel roperty line is a legitimate c ncern. Kluchka aske imes if he has seen eople "build up" the gr fence. Grimes sai e is not aware of hat happening. Grimes said . would clarify the pro Planning cmmission in the future. D by Waldhauser, seconded Cera and motion carried 6 to table the posed fence regulation amendme t. Kluchka abstained from votin . 4. Informal Public Hearing - Zoning Code Amendment - Freestanding Photovoltaic Module Requirements in the Single Family Zoning District (R-1) and Moderate Density Residential (R-2) Zoning District - Z000-84 Applicant: City of Golden Valley Purpose: To add photovoltaic module regulations to the accessory structure requirements in the Single Family (R-1) and Moderate Density Residential (R-2) sections of the City Code. Hogeboom explained that the City has received a request to allow for the installation of a photovoltaic module (solar panel on a pole) in a front yard. He stated that staff has some concerns about the aesthetics and about these types of devices being too close to a neighboring property. He stated that staff along with the City Council and Environmental Commission is recommending that these types of devices follow the same requirements as accessory structures. He added that the proposed new language does not apply to roof-mounted solar panels. Kluchka asked about the approach to solar rights. Hogeboom stated that there is a state statute regarding limiting access to solar energy. He added that a request for a photovoltaic device could go the Board of Zoning Appeals if there is no other access to solar energy on the property. Minutes of the Golden Valley Planning Commission June 28, 2010 Page 5 Waldhauser questioned what would happen if someone installed a solar panel and a neighbor planted trees to screen it. Hogeboom explained that the City wouldn't get involved in a case like that and added the City Attorney has said cities are allowed to place controls on solar panels, they just can't ban them or deny somebody access to solar energy. Keysser asked about how a solar panel on a roof would affect the height of a structure. Grimes said a solar panel on a roof would not be considered part of the structure. Cera questioned the possibility of poles being attached to the side of a house. Waldhauser asked about the rationale behind the language requiring 10 feet of separation. Hogeboom said the separation language is in the accessory structure section of the Zoning Code and is required for safety and electricity issues. Eck referred to the proposed new language and stated that the word "for" should be changed to the word "as". Keysser asked if there should be language regarding solar thermal devices as well. Schmidgall noted that solar thermal devices would never be placed on a pole. Keysser opened the public hearing. Seeing and hearing no one wishing to comment, Keysser closed the public hearing. MOVED by McCarty, seconded by Waldhauser and motion carried unanimously to recommend approval of the proposed language regarding photovoltaic modules with the correction noted by Commissioner Eck. Informal Public Hearing - Zoni Code Amendment - Establish Regulations for Wind Energy Conversion Syst ms - ZOOO-85 Ap . ant: City of Golden Valle ' rding Wind Energy Conversion inance came from discussions with the City's ed by the City Council and the Environmental Commission. He referred. . oint presentation and explained that most windmills and wind turbines are re appr 'pria . rural areas or open spaces so this ordinance will prohibit any wi energy co ersion s s in the residential zoning districts. He explained that ordinance will'equire a Con . al Use Permit for installation of a wind energy co sion system and III limit them to parc that are over one acre in size. The or' nce also regulates th i color and material use for wind energy conversion sys s. He added that regular etback rules apply, they must comply with regulations ablished by local utility companies and may not be used for advertising. 9 11.21 Section 11.21: Single Family Zoning District (R-1) Subdivision 12. Accessory Structures A. Cornices and Eaves. Cornices and eaves may not project more than thirty (30) inches into a required setback. Source: Ordinance No. 292, 2nd Series Effective Date: 3-12-04 B. Each property is limited to a total of one thousand (1,000) square feet of the following accessory structures: detached and attached garages, detached sheds, greenhouses, and gazebos. Swimming pools are not included in this requirement. No one (1) detached accessory structure may be larger than eight hundred (800) square feet in area and any accessory structure over one hundred twenty (120) square feet in area requires a building permit. Source: Ordinance No. 382, 2nd Series Effective Date: 3-28-08 C. Size of Accessory Structures. No accessory structure shall be larger in size than the principal structure. (See Subdivision 4.A(1)). D. Swimming pools. Swimming pools shall meet the same setback and location requirements for accessory structures. Setbacks shall be measured from the property line to the pool's edge. Decks surrounding above ground pools shall meet setback requirements. E. Decks. Free standing decks or decks attached to accessory buildings shall meet the same setback requirements for accessory buildings. (See Subdivision 16.) F. Central Air Conditioning Units. Central air conditioning units shall not be allowed in the front yard of a single family home. Source: Ordinance No. 292, 2nd Series Effective Date: 3-12-04 G. Roof. Gambrel and Mansard roofs are not permitted on any accessory building with a footprint of more than one hundred twenty (120) square feet. Source: Ordinance No. 382, 2nd Series Effective Date: 3-28-08 H. Photovoltaic Modules. Photovoltaic modules, including solar panels and other photovoltaic energy receivers, shall meet the same setback, location and height requirements as accessory structures. Golden Valley City Code 9 11.22 Section 11.22: Moderate Density Residential Zoning District (R-2) Subdivision 11. Accessorv Structures D. Accessory structures including detached and attached garages, detached sheds, greenhouses and gazebos shall be limited in size to a total of six hundred fifty (650) square feet per dwelling unit. Swimming pools are not included in this requirement. E. Decks. Free standing decks or decks attached to accessory structures shall meet the same setback requirements as accessory structures. F. Swimming pools. Swimming pools shall meet the same setback and location requirements as accessory structures. G. Central Air Conditioning Units. Central air conditioning units shall not be allowed in the front yard of any single or two-family dwelling. Source: Ordinance No. 371, 2nd Series Effective Date: 07-13-07 H. Photovoltaic Modules. Photovoltaic modules. including solar panels and other photovoltaic energy receivers. shall meet the same setback. location and height requirements as accessory structures. Subdivision 12. Garden Structures Garden Structures shall be located no closer than five (5) feet to any property line. Garden Structures shall not exceed ten (10) feet in heiQht. Source: Ordinance No. 433, 2nd Series Effective Date: 2-26-10 Golden Valley City Code ORDINANCE NO. 443, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Amending Sections 11.21 and 11.22 Regarding Photovoltaic Module Regulations The City Council for the City of Golden Valley hereby ordains as follows: Section 1. City Code Section 11.21 entitled "Single Family Zoning District (R-1)" is amended by adding Subdivision 12(H) to read as follows: H. Photovoltaic Modules. Photovoltaic modules, including solar panels and other photovoltaic energy receivers, shall meet the same setback, location and height requirements as accessory structures. Section 2. City Code Section 11.22 entitled "Moderate Density Residential Zoning District (R-2)" is amended by adding Subdivision 11 (H) to read as follows: H. Photovoltaic Modules. Photovoltaic modules, including solar panels and other photovoltaic energy receivers, shall meet the same setback, location and height requirements as accessory structures. Section 2. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 3. This Ordinance shall take effect from and after its passage and publication as required by law. Adopted by the City Council this 20th day of July, 2010. IslLinda R. Loomis Linda R. Loomis, Mayor ATTEST: IslSusan M. VirniQ Susan M. Virnig, City Clerk alley M mo nd m Planning 763-593-8095/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting July 20, 2010 Agenda Item 4. C. Public Hearing - Amending Building Height Requirements in High Density Residential Zoning District (R-4) Prepared By Joe Hogeboom, City Planner Summary Due to a publication error in the July 8 issue of the SunPost the Council will not be able to hold the public hearing for this ordinance amendment. Staff is requesting the public hearing be continued to the August 4, 2010 City Council meeting. Recommended Action Motion to continue the public hearing regarding building height requirements in the High Density Residential Zoning District (R-4) to Wednesday, August 42010. alley M mora dum Planning 763-593-8095 I 763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting July 20, 2010 "60 Days" Deadline: August 10,2010 Agenda Item 6. A. Authorization to Sign Amended PUD Sub-Permit - Hidden Lakes PUD No. 74 - Amendment No.5 Prepared By Mark Grimes, Director of Planning and Development Summary The City has received a request from the Hidden Lakes Association to amend the building envelope map for Lot 5-18, Block 11, Hidden Lakes PUD No. 74. The current building envelope map indicates that structures may now be constructed to within 10 feet of the rear property line for these lots. The requested amendment would allow construction may go as close as 5 feet from the rear property line. One of the plans approved by the City as part of the original PUD for Hidden Lakes was the building envelope map. This map visually describes the buildable area for each of the lots in Hidden Lakes. In the file for Hidden Lakes there is also a memo from Building Official Gary Johnson to Bill Huser who was the representative for Hidden Lakes during the late 1990s. This memo describes the building envelope area in memo format. The City and Hidden Lakes agreed to this building envelope area because this allows the homeowners some flexibility in future building additions without changing the entire PUD permit for a small building addition on anyone particular lot. The City is also aware that any building addition requires that the Homeowners Association approve the building plan. Staff recalls that there has been one PUD amendment to allow construction outside the approved building envelope area. This was done when amending the PUD required both a preliminary anp final plan approvals. As you are aware, the City Council changed the PUD code to allow minor amendments that can be approved by the City Council if certain conditions are met. The staff believes that these conditions are met so the request for the building envelope change is proposed to be done by the minor PUD amendment process. In order to qualify as a minor amendment, the proposed amendment has to meet certain requirements. In order to qualify as a minor amendment, the proposed amendment cannot eliminate or diminish sensitive site features, eliminate or compromise the high quality of site design and landscaping, alter significantly the location of buildings and roads, increase the number of dwelling units, increase the floor area of non-residential buildings, increase the number of stories of any building, or decrease the total open space in any development by more than 3%. Staff has reviewed these requirements found in 11.55 Subdivision 10 of City Code (PUD Chapter) and has determined that the proposed amendment can be considered as a minor amendment. A minor amendment can be approved by the City Council by a simple majority vote of the City Council and without a public hearing. The City Council does have the option to refer the matter to the Planning Commission for review. The Hidden Lakes Association has discussed this proposal with staff. The catalyst for the change is a request by the owners of the property at 1440 Waterford Drive. The owners would like to expand their existing deck to within 5 feet of the rear property line. The current building envelope map indicates that a 10 foot setback should be maintained. As stated in the materials submitted by Hidden Lakes, there are additions on adjacent properties that are outside the building envelope area and closer to the rear property line than 10 feet. The Homeowner's Association indicates that his change would make those additions legal and allow the owners of 1440 Waterford Drive to go ahead with their addition. As noted on the materials submitted by Hidden Lakes Association, there is an error on the survey for 1440 and 1450 Waterford Drive. The survey indicates that the drainage and utility easement along the rear lot line is 10 feet wide. This is an error. The drainage and utility easement is only 5 feet wide along the rear lot lines where the change has been requested. There is also a measurement error on the survey indicating that the rear property line is 19.51 feet from the structure at 1440 Waterford Drive to the rear property line. The number should be approximately 16 feet. Staff has reviewed this request to change the rear building envelope line for Lots 5-18, Block 11, Hidden Lakes to 5 feet rather than 10 feet. The staff does not have an issue with the change as long as the construction occurs outside any drainage and utility easements and the building additions are approved by the Homeowners Association. I am attaching a picture of the rear of the yard at 1440-50 Waterford Drive. The photo shows that much of the space behind the town homes is common open space. I estimate that half of the lawn area behind the town homes is common area. Attachments Location Map ( 1 page) Applicant's Narrative (1 page) Plat Map Showing Easement Lines (1 page) Memo to Gary Johnson dated April 20, 1998 (2 pages) Proposed Amended PUD Sub-Permit (2 pages) Photos (3 pages, loose in agenda packet) Survey with Comments (1 oversized page, loose in agenda packet) Building Envelope Map (1 oversized page, loose in agenda packet) Recommended Action Motion to authorize the Mayor and City Manager to sign the amended PUD Sub-Permit for Hidden Lakes PUD No. 74, Amendment NO.5. @ 1300 Attachment The Hidden Lakes Master Board unanimously passed the following motion on May 19, 2010: The Master Board of Hidden Lakes Association approves making a Minor PUD Amendment to PUD 74 to change the required rear yard setback for Lots 5 through 18, Block 11, Hidden Lakes PUD No. 74 from 10 feet to 5 feet. The 5 foot setback to remain a City of Golden Valley Utility Easement. Exhibit A. (Partial copy of Insert D, Hidden lakes PUD No.7 4) Hidden Lakes PUD No. 74 (Inset D), approved and accepted by the City Council of Golden Valley on December 16,1997 shows required setbacks for Drainage and Utility Easements often (10) feet at the rear of Lots 1 through 4, five (5) feet for Lots 5 through 18, and fifteen (15) feet for Lots 11 though 22. The original PUD No. 74 (Insert D) from December 16, 1997 shows the resulting building setbacks requested in the proposed Minor Amendment. Exhibit B. (Letter to Gary Johnson from Bill Huser, Hidden Lakes Development) In his letter to Gary Johnson, Bill Huser agreed to change the Rear Yard Setbacks for Block 11, Lots 1-22 to a minimum of 10 feet Exhibit C. (As built Survey for Lots 7 and 8, block 11 Hidden Lakes PUD No. 74) There are several errors in this asbuilt survey. When Charles Cudd built the twin homes on Block 11, there appeared to be a setback line for the Primary Structures of approximately 16 feet. It is incorrectly shown on Exhibit C, as 19.51 feet instead of 15.91 feet. The correct number can be verified by substituting 15.91 for 19.51 and adding the individual dimensions on the north and south lot lines to arrive at the overall dimension of 118 feet. It also scales almost 16 feet. The survey shows the utility easement at 10 feet. The decks and patios built with the homes are not shown on the survey, and the patio shown on Lot 8 was never built. The owners of Lot 8 (1440 Waterford Drive) are the original owners and have not changed anything in the rear yard since they occupied the house. Exhibit D (2008 Aerial Photos from Bing.com) Aerial photos of Block 11 show most of the twinhomes have decks and patios attached to the Primary Structure built at the time the homes were built. The homeowner of 1440 Waterford Drive (shown with a pin) wishes to expand its deck to the extent that its neighbors have decks and patios, but can't because of the existing 10 foot setback limits set forth in the letter in Exhibit B. The PUD Minor Amendment would permit the requested deck expansion as approved by the Hidden Lakes Master Board subject to the Minor Amendment to PU D No. 74. It would also bring other twin homes on Block 11 into compliance. HIDDEN LAKES PUD NO. 74 -PI",-+ MtAf <5roCIJi~ ~?~ t:n8.90 .. SOO"13' 45'1'/ ---- 02.00 &2:00 S:l.O,.. 52.00 ---- --'6:1.00 '">drc!r\oq! ~ ond: utiht)' ~c~~ml:l'\:l -...... ~ ~ g r---'" r---'" r---, ---, r---1 i I I I I I I I I (\ 134.\6 24 I ~ 23 I IOJ 22 ! I I I 20 1& rJ: ~S45'C--~ I I!ft 81 If.., ! It: 21 I It: ~ \ ~I 1\1 il 'i Sl l!2 1 0 al Ii f I I I ~ 19 ~I :;l ~l ~ ~I ~ ~I ~ _I I.. "I ~ II I lili I II:! I Ill! I ~ gl!.. __J.OIl.l!!..__~ lU7 I I I I I I 1 I 'l ~I II r ""S5ii"jj'4!l'W -12W ' I l:l " J" .1"1 I I) ~ I "'::I ~ll'" L.c-;__.Jo'~ tj~ 18 Jr ::! - ll2.00 ..., ,0/1 ml '" H8!l'41l'f~ -<, L.SOO"13'~:I! 12A:ll....J 295.19 '-. :l:lr -'''iilU3 ' 3U5 62.50 62.00 l:l 43.3ll Ill. lIll r---'''' r---" r---"-' 11>, ~ : : I : ~ 17 il g I II fjj JI I !.. ~I L_ _ ____...J leI rill -: NOO"l3'4S't 120.65 ~I ~ 16 ~I 15 : II ill1l I I ~I ~ I xl I I L ..!~L -1 2!i2.27 OUTLOT , ~\ , '& 3\ '!.s. ~ OUTLOT G I~ 'r~!.t'c" '.... -t.. I 0','7'-/ v'l ,'1 '7'- ......... , .., ''I ""''"09. _ utlllt, .........tnt 0.... <II 01 CuMt G r liUS: JiBIng /..,-- y . .~'.^'~"., 04/20/98 MON 15:03 FAX Date: Apri120, 1998 To: Mr. Gary Johnson fp\"V From: :Mr. Bill Huser CG...l. L 'OS 7 ,... z 1- 57 . Hidden Lakes Development OfF. ~V7 ~ -. S' 8' ~~ ~ - 4,.,/Z.... . f~"i. +1" -3 8S I I Cc: Mr. Mark Grimes RE: Hidden Lakes Development Setbacks As a foRow-up to our disCWlsions of April 17th, 1998 regarding building setbacks fOT the Hidden Lakes PUD #74. please rererto drawing C3 ofC62, and the following: A) Single Family Lots~ Block 4 Block 6 Block 7 Block 8 Lots 1-12 Lots 1-6 Lots 1-4 Lots 1-10 From Yard Setback Side Yard Setback Rear Yard Setback B) Villa Lots- Block 8 Block 10 Block 13 Lots 11-30 Lots 1-25 Lots 17-19 From Yard Setback Side Yard Setback Rear Yani Setback Lakeside Lakeside Off-Lake Off-Lake 30' from back of CIlI'bl28' :from R..O.W. 10' both sides Varies with depth of lot (sheets C22-C24) (and refer to following Exhibit) Nrtnhnnm of 15' :from back of curb and 13' fto1nRight of Way 6' (includes 5' utility easement) varies with depth of Jot (see sheet ell) mm;mQU') of20' !(lJOOl I r:' o()O \ {.., "04120/98 MON 15:04 F.U @002 C) Townhome Lots \e......- Block 11 <t Block 12 Block 13 Lots 1-22 Lots 1-20 Lots 1-16 Front Yard Setback MininmIn of20'back ofcurb/18'ftomRO.W. Side Yard Setback 5' both sides Rear Yard Setback Minimum of 1 0' Hopefully this will help clari1y the differences between various unit types and locations. I hope to generate a booklet which will :further delineate these issues. If you have any questions, do not hesitate to contact me at 335"5019. location: legal Description: Owners and Address: Underlying Zoning: Sub-Permit for a portion of Planned Unit Development (P.U.D.) No. 74 Hidden Lakes Development 4121 Golden Valley Road, Golden Valley, Minnesota (See Lots and Blocks listed below) Hidden Lakes Development Limited Partnership 4121 Golden Valley Road, Golden Valley MN 55422 Single-Family Residential This sub-permit outlines terms and conditions affecting only the property identified above. In any case where there is an apparent conflict between the terms of the sub- permit and the master permit, this sub-permit shall prevail. land Use Component 1. Permitted uses for the identified properties are as follows: Traditional Single Family Houses Block 4, Lots 1-12 Block 6, Lots 1-5 Block 7, Lots 1-4 Block 8, Lots 1-10 Two-Family Townhomes Block 11, Lots 1-22 Block 12, Lots 1-20 Block 13, Lots 1-20 Single Family Villa Houses Block 8, Lots 11-30 Block 10, Lots 1-25 Block 13, Lots 17-19 Two Family Carriage Houses Block 9, Lots 1 and 2 Outlot M Existing Single Family House Block 5, Lot 1 Hidden Lakes P.U.D. No. 74 Page Eleven 2. For all types of residential lots, the dotted line indicated on each lot on the site plan shall represent the permitted building envelope. Amendment #5 allows the rear buildino envelope line for Lots 5-18, Block 11, Hidden Lakes to be five feet rather than 10 feet. Construction of any structure may only occur within this envelope. Changes to the building envelope shall require an amendment to this PUD sub-permit. The amendment shall take the form of a revised site plan for the identified property. Hidden Lakes Development Limited Partnership Witness: By: Title: Date: City of Golden Valley Witness: By: Linda R. Loomis, Mayor Date: Witness: By: Thomas D. Burt, City Manager Date: Warning: This sub-permit does not exempt you from applicable terms of the master permit and all other City Code provisions, regulations and ordinances. Map of 1440 Waterford Dr, Golden Valley, MN 55422-4275 - Bing Maps Page 1 of 1 Print this page In a more readable format: Click Print next to the lower-left corner of the map. '~ i _ ,'. ,"c.. ~:~:~k" ~ .' " , , ! " .. . ... ~ t" II. ~.. . ..~" ... v' ;ord Dr ~ W,.terlo'" Dr '0 ~~;",tt .. Map of 1440 Waterford Dr, Golden Valley, MN 55422-4275 - Bing Maps Page 1 of 1 Print this page in a more readable format: Click Print next to the lower-left corner of the map. , ,., . .. , ~.. .' ~'~,.. .. "~ -';"x". ~.. ..." .., '~. . ;.~ II. II". .~. '"\ \r. .,~ 1 t.. L '~:l - '..... _ -:.~c.:: _ .~_ . ~_, .., _. - - ~. - . -~ . --' ~~- '. - · . '0 AloP;'. . _'. . Je~ ~ ... . . . , . '. .. . . . . . -:.. ..... <, .....!.. L.. -.. -;\ ,.~ A- ~. .J. I ~"""~', ~.~ . L'. 1~ ~ ~... -I'- . . ',', _. "- · . ", . " 'dll" ,. #>.~. Ill'll +,~, ,... ~~'i". '. '~'-"'" . ... .. ., , .....' '. ". .... . <= . ' "~'""". l\; . . , . ,........... - '. . '. - - , . ". · .... ....... '.. ... ~,-1. .. - 8.~ '. .. ~"., ':."'It [ . '" - .- - '. 7<1S&" ". ~ '" ~ .... ". . .~ -,.;>" # f",... ". .;;~ "'.~ . ' . ...,...... ..... .....- '" '. .... . ~. .. . ,.'.' - . ,,' - - . ,.' . " . .. " "'-<>. ,,.' ~ '-It. -. .....l " '. ... ""~ ~...~ .';'i,.,~( J ...."._~ . " '" . .. ,... .. ," ~ ~" .. 'j ~. ...,. - \JA"T(~fOR~ \)~::tOf;i "iiIlIIiIilii~ . 19''/ ! b' - lir $I .,"/ :/~y Asbuilt Survey Pi '-i 0 ~ Cr~s h~h,l- oclud 5Ptr' -~I~I~;~ ~ iJPM'1. ~f44~ ~ lloff &~ ~ I~ W' ~J \ot( Charles Cudd Co. 1802 Wooddale Drive Woodbury, Minnesota 55125 \ t~W-+1 tI) t> /J 5 ~ lit/if> L I fit \ 6 p(.f~ Bl", ~v4Jt.f~ 'l~e \ N1ge26' 2.,:;'( ,'8.00 BB2.!> BB'2.'2 7 . B6'2.7 \ \ :t\ \~ \~ ~ '=' \..-. \~ \~ \J' --- ,..... --- 26.00 ~-- \J' _--I .....,- \ - \ ,0 \ \ '-- \ \ "- \ \ \ ~ q <<t\ 660.~ c",i CJ'. "" ta . o o ~ q ("a ("a. c.,a 0'. ~ ta . o o \ EXISTING ELEVATIONS 1440 WATERFORD DRIVE EXISTING ELEVATIONS 1450 WATERFORD DRIVE Garage floor elev. = 882.03 First floor elev. = 884.27 Lowest floor elev. = 877.72 Garage floor elev. = 881.83 First floor elev. = 884.30 lowest floor elev. = 877.64 LEGEND Lot 7&8, Block 11 HIDDEN LAKES PUD NO. 74 HENNEPIN COUNTY, MINNESOTA Sub ject to easements of record, if any. . = Iron monument found o = Iron monument set and morked with license No. 23968. a = Denotes offset iron ~ = Denotes drainage Be utility easement x 800.0 = Denotes existing elevation ____ = Denotes drainage arraw Bearings shown are assumed BOOK PAGE Drawing File: 98-178m36ab.DWG Project No. 98178m36 4 2-Z0Y' Licen~e No. 23968fOr December 29. 2000 Dote Revised: Asbuilt elevation ~ ~ ~ RLK - Kuusisto, Ltd. 6110 Blue Circle Dr. Suite # 1 00 Minnetonka, Mn. 55343 (612) 933-0972 Fax: (612) 933-1153 I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I om 0 duly Registered Land Surveyor under the lows of the State of Minnesota. Mar.23. 2001 - [" e . ~ ~._ ~. ____ - 7~ :,., I I #II, "\""'~' \..I\~ \".\'..~' \~ \....\\ ',', \ \ ' ' \", ", ~\\ \ \ \ \ 'II ':'\'. \. i . \ \".. n ',' 1 2d\~ · ~ . -----O\J1'L.ctTIfORM J ~ " ." POND 3 ~ ~.. . / ",,-='c"=~L'= :=-.,,, / :"0:- - ... ....;....-;.,-..., '_ r ' --; -, laLoeK' \. ~:"t ~ 1- ~ [L /1 ~1 II XE~~GE~~ ACr' :SS ~-- -~ -, :~U!"" Bll\JMINOU~~}\ , .. : ~. 1/ F 'l,:~ cl' / I'.. .i\,~,.,,1 " "'k',,'-..-J l'-'-', --- , 1 /' ----. - I . __".....;"~.L """ ""-"." ----..---.~:......,K.........,'........,..:.:.....: " '. ---- ,/" ...... "'-" ".,: ' r?'.-''-------,..,., .... '. .. " .'- -P. --"'__,' , '" ...../ ""'-"\ .......... /y , " 'rp-~~ J1L- -ilL- ~I \ s -- 'l~:~:: .:~~, -, i;~ :1: [ ~". ..' .-', -,' ":'(.;.,"."" BL/ 00"'" ".""1(' 'f':. ""i'" a., ""';:",',,1;.011 v ;~i i)A.~~ LX~~$)t:\cl1~ r. ~ltiS5er::ii~ ~ ','," "',i " if' , II ,II , II '" I' \ o ~ m ~ ~ (/) ::J o 1 ~ Z Z ~ .1 ur 'f; III ~: " hUe Public Safety Y M m randum Public Safety Department 763-593-8079 I 763-593-8098 (fax) Executive Summary For Action Golden Valley City Council Meeting July 20, 2010 Agenda Item 6. B. Authorization to Draft Agreement with City of Edina for Dispatch Services Prepared By Stacy A. Altonen, Chief of Police Summary Following the City Council's decision in January 2010 to terminate the contract with the City of St. Louis Park for dispatch services effective December 31, 2010, staff began discussions with various dispatch centers regarding the feasibility of providing dispatch services to the City of Golden Valley effective January 1, 2011. After several of these discussions, staff is seeking approval to draft agreement terms with the City of Edina to provide dispatch services beginning January 1, 2011 or soon thereafter. Recommended Action Motion to authorize staff to draft an agreement for dispatch services with the City of Edina.