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02-15-11 CC Agenda PacketAGENDA Regular Meeting of the City Council Golden Valley City Hall 7800 Golden Valley Road Council Chamber February 15, 2011 6:30 pm The Council may consider item numbers 1, 2, 3, 5 and 6 prior to the public hearings scheduled at 7 pm CALL TO ORDER A. Roll Call 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 - January 4, 2011 and Council /Manager Meeting - January 11, 2011 B. Approval of Check Register C. Licenses: 1. Rental Property Licenses 2. Gambling License Exemption and Waiver of Notice Requirement - Northwest Suburban Optimist Club 3. Gambling License Exemption and Waiver of Notice Requirement - Good Shepherd Catholic Church & School D. Minutes of Boards and Commissions: 1. Human Rights Commission - October 7, 2010 2. Joint Water Commission - December 1, 2010 E. Bids and Quotes: 1. Manhole Covers - Quotes F. Letters, Emails and /or Petitions: 1. Letter from Brenda McGhie Regarding Resignation from Human Services Foundation 2. Emails from James ( "Greg ") Salter and David ( "Dane ") Anderson Regarding Amendment to Dog Licensing Requirements G. Support for Funding Request by Five Cities Senior Transportation Project from 2011 Consolidated Pool - Urban Hennepin County Community Development Block Grant Program 11 -5 H. Authorization to Sign Agreement with Bureau of Criminal Apprehension for Breath Test Instruments I. Approval of Plat - Pentel Addition 11 -6 J. Continued First Consideration - Ordinance #455 - Amending Section 10.30, Regarding Discontinuance of Dog Licensing Requirement (Except for Dangerous and Potentially Dangerous Dogs) 4. PUBLIC HEARINGS 7 PM A. Continued Public Hearing -Preliminary Plat Approval - Fretham 11th Addition — 240 Jersey Avenue North 5. OLD BUSINESS 6. NEW BUSINESS A. 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 B. Announcements of Meetings C. Mayor and Council Communications D. Executive Session - Revised Franchise Fee Ordinance 7. ADJOURNMENT Y • Memorandum Finance 763 - 593 -8013 / 763 - 593 -8109 (fax) Executive Summary For Action Golden Valley City Council Meeting February 15, 2011 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 of Golden Valley. Attachments Loose in agenda packet. Recommended Action Motion to authorize the payment of the bills as submitted. c oem Fire Department 763 - 593 -8079 1763-593-8098 (fax) Executive Summary for Action Golden Valley City Council Meeting February 15, 2011 Agenda Item 3. C. 1. Rental Property Licenses Prepared By Jill Lund, Administrative Assistant Summary As per City Code, some businesses are required to be licensed by the City. Listed below are the License Number, Applicant, and Fee of those who have submitted an application for approval for multiple family rental licenses. Mayfair Apartments #30001 -2 -2011 5307/5311 Circle Down (2 buildings) $200.00 Valley Village Apartments #30028 -2011 600 Lilac Drive North $100.00 Golden Valley Townhomes #30042 -2011 2100 Douglas Drive North $172.00 #30043 -2011 3354 Lilac Drive North $124.00 Dover Hill Apartments #30045 -2011 2400 Rhode Island Avenue North $1,564.00 #30049 -2011 2438/2440 Rhode Island Avenue North $124.00 #30051 -2011 2436 Rhode Island Avenue North $292.00 #30050 -2011 2414 Rhode Island Avenue North $148.00 #30046 -2011 2566/2568 Rhode Island Avenue North $124.00 #30052 -2011 2458 Rhode Island Avenue North $292.00 #30059 -2011 2520 Rhode Island Avenue North $292.00 #30057 -2011 2564 Rhode Island Avenue North $292.00 #30053 -2011 2476 Rhode Island Avenue North $292.00 #30060 -2011 2486 Rhode Island Avenue North $148.00 #30048 -2011 2522/2524 Rhode Island Avenue North $124.00 #30058 -2011 2542 Rhode Island Avenue North $292.00 #30047 -2011 2544/2546 Rhode Island Avenue North $124.00 TriPlex #30044 -2011 6212 Golden Valley Road $190.00 Medlev Park Townhomes #30029 -2011 2343 Mendelssohn Lane $170.00 #30030 -2011 2350 Mendelssohn Lane $190.00 #30031 -2011 2389 Mendelssohn Lane $170.00 #30032 -2011 2391 Mendelssohn Lane $170.00 Crosswoods Apartments #30008 -2011 5601 Glenwood Avenue $1,150.00 Village Terrace Apartments #30038 -A -2011 241 -271 Yosemite Circle (3 buildings) $1,190.00 Mallard Creek Apartments #30019 -20 -2011 8300/8400 Golden Valley Road (2 buildings) $1,420.00 Golden Valley Road Apartments #30012 -2011 6200 Golden Valley Road $352.00 Valley Square Commons #30036 -2011 749 Winnetka Avenue North $350.00 Southwirth Apartments #30034 -2011 501 Theodore Wirth Pkwy $820.00 Copacabana Apartments #30027 -2011 1725 Lilac Drive North $688.00 Douglas Drive Apartments #30004 -7 -2011 Douglas Drive North (4 buildings) $970.00 1400, 1450, 1500, 1600 Valley View Apartments #30013 -18 -2011 Golden Valley Road (6 buildings) $600.00 6533, 6535, 6537, 6539, 6541, 6543 Colonial Apartments #30009 -11 -2011 Glenwood Avenue (3 buildings) $660.00 5743, 5745, 5747 Trentwood Apartments #30021 -25 -2011 Golden Valley Road (5 buildings) $2,120.00 9110, 9140, 9200, 9210, 9240 Valley Creek West Apartments #30056 -2011 1370 Douglas Drive North $100.00 Calvary Center Apartments #30054 -2011 7650 Golden Valley Road $100.00 Laurel Estates Apartments #30026 -2011 5610 Laurel Avenue Laurel Terrace Apartments #30035 -2011 250 Turners Crossroad $960.00 Golden Valley Arms Apartments #30033 -2011 6150 St. Croix Avenue North $610.00 Recommended Action Motion to authorize the issuance of licenses as recommended by staff. i el valley Memorandum City Administration /Council 763- 593 -8006 1763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting February 15, 2011 Agenda Item 3. C. 2. Gambling License Exemption and Waiver of Notice Requirement - Northwest Suburban Optimist Club Prepared By Judy Nally, Administrative Assistant Summary As per State Statute organizations that conduct gambling within the City limits have to submit an application for a lawful gambling permit to the State after the permit has been approved or denied by the City. Depending upon the timing of the permit the applicants may request the City to waive the 30 -day waiting period. Attachments Application for Exempt Permit (2 pages) Letter from Northwest Suburban Optimist Club requesting waiver of 30 day waiting period (1 page) Recommended Action Motion to receive and file the gambling license exemption and approve the waiver of notice requirement for Northwest Suburban Optimist Club. ml _._.r__r 1r%__1_1.-__ Page 1 of 2 7/10 n1r%__1_1.-__ ►►Vwia I-Cr ►u► van►u►rr ►y Application fee for each event _G220 Application for Exempt Permit Ifapplication postmarked orreceived: less than 30 days before the event more than 30 days before the event An exempt permit may be issued to a nonprofit organization that: - conducts lawful gambling on five or fewer days, and $100 $50 - awards less than $50,000 in prizes during a calendar year. ORGANIZATION INFORMATION Check # Organization name Previous gambling permit number Northwest Suburban Optimist Club X - 4230 Type of nonprofit organization. Check one. ❑ Fraternal ❑ Religious ❑ Veterans Other nonprofit organization Mailing address City State Zip Code County 7001 Golden Valley Rd Golden Valley MN 55427 Hennepin Name of chief executive officer (CEO) Daytime phone number Email address David J. Herbeck 763- 546 -6211 dherbeck @bpkz.com Attach a copy of ONE of the following for proof of nonprofit status. Check one. Do not attach a sales tax exempt status or federal ID employer numbers as they are not proof of nonprofit status. ❑Nonprofit Articles of Incorporation OR a current Certificate of Good Standing. Don't have a copy? This certificate must be obtained each year from: Secretary of State, Business Services Div., 180 State Office Building, St. Paul, MN 55155 Phone: 651 - 296 -2803 ❑ IRS income tax exemption [501(c)] letter in your organization's name. Don't have a copy? To obtain a copy of your federal income tax exempt letter, have an organization officer contact the IRS at 877 - 829 -5500. IRS - Affiliate of national, statewide, or international parent nonprofit organization (charter) If your organization falls under a parent organization, attach copies of both of the following: a. IRS letter showing your parent organization is a nonprofit 501(c) organization with a group ruling, and b. the charter or letter from your parent organization recognizing your organization as a subordinate. ❑ IRS - proof previously submitted to Gambling Control Board If you previously submitted proof of nonprofit status from the IRS, no attachment is required. GAMBLING PREMISES INFORMATION Name of premises where gambling activity will be conducted (for raffles, list the site where the drawing will take place) Golden Valley Golf & Country Club Address (do not use PO box) City Zip Code County 7001 Golden Valley Rd Golden Valley 55427 Hennepin Date(s) of activity (for raffles, indicate the date of the drawing) May 18, 2011 Check the box or boxes that indicate the type of gambling activity your organization will conduct: ❑ Bingo* ®Raffles ❑Paddlewheels* ❑Pull -Tabs* ❑ Tipboards* * Gambling equipment for pull -tabs, bingo paper, tipboards, and Also complete paddlewheels must be obtained from a distributor licensed by the Page 2 of this form. Gambling Control Board. EXCEPTION: Bingo hard cards and bingo number selection devices may be borrowed from another organization authorized to conduct bingo. Prin't Forrvi To find a licensed distributor, go to www.gcb.state.mn.us and click on List RtFc�rrn of Licensed Distributors, or call 651- 639 -4000. LG220 Application for Exempt Permit 1 nrAi 1 iNIT nF rZnVFRNMFNT ACKN[)WI Fnri.MFNT It the gambling premises Is witnin city limits, a city official must check the action that the city is taking on this application and sign the application. The application is acknowledged with no waiting period. _The application is acknowledged with a 30 day waiting period, and allows the Board to issue a permit after 30 days (60 days for a 1 st class city). The application is denied. Print city name Golden Valley On behalf of the city, I acknowledge this application. Page 2 of 2 1 /10 If the gambling premises is located in a township, a county official must check the action that the county is taking on this application and sign the application. A township official is not required to sign the application. The application is acknowledged with no waiting period. The application is acknowledged with a 30 day waiting period, and allows the Board to issue a permit after 30 days. The application is denied. Print county name On behalf of the county, t acknowledge this application. Signature of county official receiving application Title Date / / (Optional) TOWNSHIP: On behalf of the township, I acknowledge that the organization is applying for exempted gambling activity within township limits. [A township has no statutory authority to approve or deny an application [Minnesota Statute 349.166)] Print township name Signature of township official acknowledging application Title Date The information provided in this application is complete and accura a to the best of my knowledge. I acknowledge that the financial report will be completed and a rued t t oa within 0 days of the date of our gambling activity. Chief executive officer's signature Date Complete a separate application for each gambing activity - one day of gambling activity, - two or more consecutive days of gambling activity, - each day a raffle drawing is held Send application with: - a copy of your proof of nonprofit status, and - application fee for each event. Make check payable to "State of Minnesota." To: Gambling Control Board 1711 West County Road B, Suite 300 South Roseville, MN 55113 This form will be made available in alternative format (i.e. large print, Braille) upon request. Data privacy notice:The information requested on this form (and any attachments) will be used by the Gambling Control Board (Board) to determine your organization's qualifications to be involved in lawful gambling activities in Minnesota. Your organization has the right to refuse to supply the information_ requested; however, if your organization refuses to supply this information, the Board may not be able to determine your organization's qualifications and, as a consequence, may refuse to issue a permit. If you supply the information requested, Financial report and recordkeeping required A financial report form and instructions will be sent with your permit, or use the online fill -in form available at www.gcb.state.mn.us. Within 30 days of the activity date, complete and return the financial report form to the Gambling Control Board. the Board will be able to process your organization's application. Your organization's name and address will be public information when received by the Board. All other information provided will be private data until the Board issues the permit. When the Board issues the permit, all information provided will become public. If the Board does not issue a permit, all information provided remains private, with the exception of your organization's name and address which will remain public. Private data are available to: Board members, Board staff whose work requires access to the information; Minnesota's Department of Public Safety; Attorney General; Commissioners of Administration, Minnesota Management & Budget, and Revenue; Legislative Auditor, national and international gambling regulatory agencies; anyone pursuant to court order; other individuals and agencies specifically authorized by state or federal law to have access to the information; individuals and agencies for which law or legal order authorizes a new use or sharing of information after this Notice was given; and anyone with your written consent. February 9, 2011 Judy Nally Golden Valley City Offices 7800 Golden Valley Road Golden Valley, MN 55427 Re: Gambling license application for raffle on May 18, 2011, at the Golden Valley Country Club Attn: Mayor and Council rem �.� 2011 For the attached application, thc, Northwest Suburban Optimist Club (formerly Optimist Club of Golden Valley) respectfully requests a waiver of the usual 30 day waiting period. Thank you. Sincerely, -o taw Da id Herbeck, President P #763 -546 -6211 An Affiliate of e �` Formerly the Optimist Club o Golden Valley OFMMI ST 1 Memorandum City Administration /Council 763- 593 -8006 / 763- 593 -8109 (fax) Executive Summary For Action Golden Valley City Council Meeting February 15, 2011 Agenda Item 3. C. 3. Gambling License Exemption and Waiver of Notice Requirement - Good Shepherd Catholic Church & School Prepared By Judy Nally, Administrative Assistant Summary As per State Statute organizations that conduct gambling within the City limits have to submit an application for a lawful gambling permit to the State after the permit has been approved or denied by the City. Depending upon the timing of the permit the applicants may request the City to waive the 30 -day waiting period. Attachments Application for Exempt Permit (2 pages) Letter from Good Shepherd Catholic Church & School requesting waiver of 30 day waiting period (1 page) Recommended Action Motion to receive and file the gambling license exemption and approve the waiver of notice requirement for Good Shepherd Catholic Church & School. mil — I — Page I of 2 1111 ►riv*wta Lawym %wartymmijf Application fee for each event -G220 Application for Exempt Permit If application oosimarke.d or received: less than 30 days before the event more than 30 days before the event An exempt permit may be issued to a nonprofit organization that - conducts lawful gambling on five or fewer days, and $100 $60 - awards less than $50,000 in prizes during a calendar year. ORGA"q" N INFORMATION 0 ation name Previous gambling permit number Type of nonprofit organization. Check one. Fratem, al 'Religious [:]Veterans LEJ Other nonprofit organization Mailing address city State Zip Code County 145 69's. 6-00en Vqlle4 [AN 5%* �6fp-, n Name of chief exem"e officer (CEO) Daytime phohe number Email address Pe,i .1 VoJ- 6(e C, Cam Phe t 1 _763-54-O'l X6 (8' rn pbel 10 q6a I Attach a copy y ofPM.,,ofth,e1b11o,vAng forproof of nonprofit status. Check one. Do not attach a sales tax exempt status or federal ID employer numbers as they are not proof of nonprofit status. ❑Nonprofit Articles of Incorporation OR a current Certificate of Good Standing. Don't have a copy? This certificate must be obtained each year from: Secretary of State, Business Services Div., 180 State Office Building, St. Paul, MN 55155 Phone: 651-296-2803 IRS Income tax exemption [501(c)] letter In your organization's name. Don't have a copy? To obtain a copy of your federal income tax exempt letter, have an organization officer contact the IRS at 877-829-5500. IRS - Affiliate of national, statewide, or International parent nonprofit organization (charter) If your organization falls under a parent organization, attach copies of both of the following: a. IRS letter showing your parent organization is a nonprofit 501(c) organization with a group ruling, and b. the charter or letter from your parent organization recognizing your organization as a subordinate. GAMBLING PREMISES INFORMATION Name of premises where gambling activity will be conducted (for raffles, list the site where the drawing will take place) GwA Shenl-erd Address (do not use PObox) City Zip Code County R5 3ff&:Aj Ave _ S C,18er) va R etv&P j n Date(s) of activity (fodraffies, indicate the date of the drawing) uetAo.Li i1 0 Check the box or boxes that Indicate the type of gambling activity your organization will conduct: Bingo* W Raffles E] Paddlewheels* oPull-Tabs* E]Tipboards* * Gambling equipment for pull-tabs, bingo paper, tipboards, and Also complete paddlewheels must be obtained from a distributor licensed by the Gambling Control Board. EXCEPTION: Bingo hard cards and bingo 1Page 2 of this form. number selection devices may be borrowed from another organization :1 authorized to conduct bingo. To find a licensed distributor, go to www.gcb.state.mn.us and click on List of Licensed Distributors, or call 651-63914000._ 5 1 e710141 LG220 Application for Exempt Permit If the gambling premises is wltnin city limits, a city official must check the action that the city is taking on this application and sign the application. -1 The application is acknowledged with no waiting period. 'fhe application is acknowledged with a 30 day waiting period, and allows the Board to issue a permit after 30 days (60 days for a 1st class city). The application is de nied. Print city name Goldep Vo` l On behalf of the city, I acknowledge this application. Page 2 of 2 1/11 If the gambling premises is located in a townsnip, a county official must check the action that the county is taking on this application and sign the application. A township official is not required to sign the application. The application is acknowledged with no waiting period. The application is acknowledged with a 30 day waiting period, and allows the Board to issue a permit after 30 days. The application is denied. Print county name On behalf of the county, I acknowledge this application. Signature of county official receiving application Title Date (Optional) TOWNSHIP: On behalf of the township, I acknowledge that the organization is applying for exempted gambling activity within township Omits. [A township has no statutory authority to approve or deny an application [Minnesota Statute 349.166)] Print township name Signature of township official acknowledging application Title Date The information provided in this application is complete and accurate to the best of my knowledge. 1 acknowledge that the financial report will be completed and rreturned to the BoarA wiur gambling activity. Chief executive officer's sicnature 4f m c,- `- ` D, It I oil Complete a separate application for each gambing activity - one day of gambling activity, - two or more consecutive days of gambling activity, - each day a raffle drawing is held Send application with: - a copy of your proof of nonprofit status, and application fee for each event. Make check payable to "State of Minnesota." To: Gambling Control Board 1711 West County Road B, Suite 300 South Roseville, MN 55113 This form will be made available in alternative format (i.e. large print, Braille) upon request. Data privacy notice:The information requested on this form (and any attachments) will be used by the Gambling Control Board (Board) to determine your organization's qualifications to be involved in lawful gambling activities in Minnesota. Your organization has the right to refuse to supply the information requested; however, if your organization refuses to supply this information, the Board may not be able to determine your organization's qualifications and, as a consequence, may refuse to issue a permit. If you supply the information requested, Financial report and recordkeeping required A financial report form and instructions will be sent with your permit, or use the online fill -in form available at www.geb.state.mn.us. Within 30 days of the activity date, complete and return the financial report form to the Gambling Control Board. the Board will be able to process your organization's application. Your organization's name and address will be public information when received by the Board. All other information provided will be private data until the Board issues the permit. When the Board issues the permit, all information provided will become public. If the Board does not issue a permit, all information provided remains private, with the exception of your organization's name and address which will remain public. Private data are available to: Board members, Board staff whose work requires access to the information; Minnesota's Department of Public Safety; Attorney General; Commissioners of Administration, Minnesota Management & Budget, and Revenue; Legislative Auditor, national and international gambling regulatory agencies; anyone pursuant to court order; other individuals and agencies specifically authorized by state or federal law to have access to the information; individuals and agencies for which law or legal order authorizes a new use or sharing of information after this Notice was given; and anyone with your written consent. G s GOOD CATHOLIC CHURCH & SCHOOL Rooted in tradition... growing in faith. February 2, 2011 Golden Valley City Offices 7800 Golden Valley Road Golden Valley, MN 55427 RE: Tuition Raffle, April 5, 2011 ATTN: Mayor and City Council In reference to our application for Exemption from Lawful Gambling License, the Activities Committee of the Church of the Good Shepherd requests that you waive the usual 30 days waiting period, Thank you for your cooperation. Sincerely, 9fLc'�2 rltt&,W�n Jackie Zellmer Business Administrator 145 Jersey Avenue South, Golden Valley, MN 55426 Church Office: 763.544.0416 FAX: 763.544.9896 www.goodshepherdgv.org GOLDEN VALLEY HUMAN RIGHTS COMMISSION MEETING Minutes from the Meeting of October 7, 2010 Members Present: Christopher Jordan, Marion Helland, Debra Yahle and Bob Hoyt. Anne Dykstra arrived shortly after the meeting began. Members Absent: Roger McConico. Staff Present: Chief Stacy Altonen and Council Member DeDe Scanlon. The meeting was called to order by Chair Jordan at 7:00 pm. PROPOSED DOMESTIC PARTNERSHIP ORDINANCE Chief Altonen introduced Kim Donat from Best & Flanagan. Chair Jordan recommended a fee section be added to the Golden Valley ordinance (similar to section 2 of the Edina ordinance) to allow for a family registration. Kim Donat advised Subdivision 3B of the Golden Valley draft addresses family registrations. Commissioner Yahle inquired if a timeline for application should be included in the ordinance. Kim Donat advised a timeline would not be necessary since registrations are processed quickly. Commissioner Hoyt asked if the city clerk would have to sign off on the registration and Chief Altonen advised the city clerk would have to certify the registration as is customary for all city registrations. Commissioner Hoyt inquired about the 45 day timeframe required for termination of a domestic partnership registration. Kim Donat advised the partner pursuing the termination is required to wait 45 days after serving his /her domestic partner with a termination form to file the termination with the city clerk. Commissioner Yahle asked what fees are involved in the application process. Kim Donat advised she is proposing a $40.00 registration fee and $25.00 fee for certified copies of registration, amendments and /or notice of terminations. Commissioner Yahle inquired if language should be included in the ordinance to clarify that a domestic partnership registration has limited benefits as outlined in Edina's ordinance Section 1: Purpose. Kim Donat advised this language could be added on an instruction sheet cover page to the application, but is not a disclaimer that would be included in the ordinance. Commissioner Dykstra asked if the language pertaining to the Minnesota Government Data Practices Act noted in Edina's Section 195.03 F should be included in Golden Valley's ordinance. Kim Donat advised Golden Valley's ordinance would address this data practices in Subdivision 3B. Human Rights Commission October 7, 2010 Page 2 Commissioner Hoyt moved to recommend the domestic partnership registration be adopted by the city council as an ordinance; seconded by Commissioner Dykstra. Motion carried unanimously. Chief Altonen advised the draft ordinance will be discussed at the Council /Manager meeting on Tuesday, October 12. NEXT MEETING The next meeting is scheduled for Thursday, November 4, beginning at 7 pm. ADJOURNMENT Chair Jordan moved to adjourn the meeting; seconded by Commissioner Yahle. The meeting was adjourned at 7:42 pm. JOINT WATER COMMISSION MINUTES Golden Valley - Crystal - New Hope Meeting of December 1, 2010 The Golden Valley — Crystal — New Hope Joint Water Commission meeting was called to order at 3:30 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 Guy Johnson, Director of Public Works, New Hope Tom Mathisen, Director of Public Works, Crystal Randy Kloepper, Utility Supervisor, Crystal Minutes of October 6, 2010 MOVED by Norris seconded by McDonald and motion carried unanimously to approve the minutes of the October 6, 2010 meeting. Status of 2010 CIP Projects MOVED by Norris seconded by McDonald and motion carried unanimously to create a construction fund for all 2010 CIP Projects. A Portion of Funding for 24" Valve Replacement Moved to 2011 MOVED by Norris seconded by McDonald and motion carried move a portion of the 2010 costs for the 24" Valve Replace to the construction fund, due to delays in getting the materials. Update on the New Hope Well Testing Pump Mathisen reported the New Hope pump was capable of producing forty gallons per minute per foot of drawdown, with a net capacity of 1000 -1100 gpm and he was waiting for the water quality report. Update on 36" Force Main Study Mathisen reported the findings suggested there were many years left of wear on the pipe and the draft report should be available by year end. Update Minneapolis Requests Regarding the Metering Joint Water Commission Page 2 of 2 Tracy reported there were some discrepancies with the old meters and work with the new meters should be complete by the end of the year and the previous usage would then be recalculated. Other No other business at this time. Next Meeting The next meeting will be January 5, 2011. Adjournment The meeting was adjourned at 3:48 pm. Thomas D. Burt, Chair ATTEST: Christine Columbus, Administrative Assistant �r 1111` i�r Public Works 763 - 593 -8030 / 763- 593 -3988 (fax) Executive Summary For Action Golden Valley City Council Meeting February 15, 2011 Agenda Item 3. E. 1. Purchase New Solid Manhole Covers Prepared By Jeannine Clancy, Director of Public Works Bert Tracy, Public Works Maintenance Manager Dave Lemke, Utilities Maintenance Supervisor Summary The 2011 -12 Adopted Biennial Budget, Utility Maintenance 082, Sewer Maintenance budget (7122 -6320, page 77) includes $50,000 for the purchase of solid manhole covers to aid in the reduction of inflow and infiltration of clear water into the sanitary sewer system throughout the community. The new solid manhole covers will replace existing manhole covers that have open pick holes. It is anticipated that this will be an ongoing project until all of the existing manhole covers with pick holes are replaced. Staff has received the following bids for 300 solid manhole covers: Ess Brothers and Sons, Inc. Neenah Foundry Company $36,230.63 $37,192.50 Recommended Action Motion to approve the purchase of 300 solid manhole covers, including Minnesota sales tax, in the amount of $36,230.63 from Ess Brothers and Sons, Inc. From: B M MCGHIE [lilliclare @msn.com] Sent: Thursday, February 10, 20118:18 AM To: Fackler, Jeanne; Fackler, Jeanne; Loomis, Linda; Scanlon, DeDe; Scanlon, DeDe; Shaffer, Bob; Pentel, Paula Subject: Appointment to GVHSF Looking at my beautiful certificate that was given to me the date that I was sworn in, I noticed that my appointment end date is May 11, 2011. Unfortunately, with a heavy heart I will need to have an earlier end date. I had hoped that by now I would have been able to obtain permanent part-time employment or contract work which would enable me to continue all of my volunteer endeavors, however that has not happened. It has been extremely hard to obtain part- time and /or contract work with flexibility (close to home) that would allow me to be able to continue to donate my time to my volunteer efforts. However, looking at help wanted ads, monster.com and others, full time employment seems to be much more available to me. With much soul searching and prayer, I feel at this time that I need to be aggressive in pursuing full time employment which will result in me not being able to donate my time as I have in the past. If GVHSF needs assistance with their upcoming Run in the Valley PR/Marketing of this event, please let me know -- I do not wish to leave GVHSF needing my help for this event. Thanking you in advance, Brenda M. McGhie From: Greg and Dane <gregdane @yahoo.com> To: Bob Shaffer < bob.shaffer@ci.golden-val ley. mn. us>; DeDe Scanlon <dede. scanlon @ ci.golden- val ley. mn.us >; Linda Loomis <linda.loomis@ci.golden- valley.mn.us>; Mike Freiberg <M Frei berg @ci.golden- val ley. mn.us >; Mike Freiberg < mike. freiberg @ ci.golden- vaI ley. mn.us >; Paula Pentel <paula.pentel @ci.golden- valley.mn.us> Cc: Dane Anderson <danegreg @yahoo.com> Sent: Tue, February 1, 2011 10:31:33 AM Subject: The End of Dog Licensing? Good morning: We would like to protest in the strongest terms possible the Council's intent to approve Ordinance #455, Regarding Discontinuance of Dog Licensing Requirement. This action would release the police department "...(from) dog license registration due to the cumbersome nature of staff involvement and the lack of compliance..." As the owners of two Great Danes, which have always been licensed, we are concerned that the council and police department are dispensing with one of the primary reasons for licensing to begin with: to protect the health of our pet population. In order to license a dog, a certificate is required from your veterinarian that your dog has met certain health requirements (shots, vaccines, etc.) When this requirement no longer applies, those of us that take care of our pets (like the members of our families that they are) can no longer presume that other pets they come into contact with are safe and healthy for interaction. Rather, we would be forced to assume that other pets are not subject to regular veterinarian care and, therefore, a health risk for our dogs. Removing the requirement for dog licensure places all of our pets' health at risk. Also, even though prior to the last election there had been discussion of a Golden Valley dog park, and a request that we be involved in such an endeavor, we've heard no more about this possibility- to our great disappointment. We use Minneapolis dog parks, which require licensing in order to be permitted access. If we can no longer license our dogs in Golden Valley, we would be forced to license them in Minneapolis for a much higher fee than is currently charged by Golden Valley. These reasons for our opposition to this ordinance, however, do not even address the issue of ending an ordinance, law, statute, etc. because it is "inconvenient." How many ordinances have been changed because the were cumbersome or ineffective? Will laws against speeding end because it's cumbersome for our policeman to enforce the laws, and because "everyone does it anyway "? Should the city remove all traffic signals because our police department can't observe all of them all of the time and drivers "roll through" them or ignore them? Governing based on the "convenience factor" sets a bad precedent. Indeed, in this day of budget austerity and ever - more - limited government services, pet licensing could be a source of revenue, if it were enforced. We respectfully request that this ordinance be rejected. Thank you. Sincerely, James ( "Greg ") Salter and David ( "Dane ") Anderson 1725 York Ave. N Golden Valley, MN From: Greg and Dane [gregdane @yahoo.com] Sent: Wednesday, February 02, 20118:19 AM To: Shaffer, Bob; Scanlon, DeDe; Loomis, Linda; Freiberg, Mike; Freiberg, Mike; Pentel, Paula Cc: Dane Anderson; yorkzephyr @yahoogroups.com Subject: Re: The End of Dog Licensing? Good morning: Thank you for your decision to table this matter until your Feb. 15 meeting. Checking on- line information from the city of Minneapolis website indicates that licensing two dogs has an annual cost of $70; non - residents must also pay $95 annually for off -leash park permits. We hope that when you further discuss this matter you'll decide to permanently table this ordinance. Sincerely, Greg and Dane, Kylie and Guy From: Greg and Dane [gregdane @yahoo.com] Sent: Friday, February 04, 20112:31 PM To: Shaffer, Bob; Scanlon, DeDe; Loomis, Linda; Freiberg, Mike; Freiberg, Mike; Pentel, Paula Cc: Dane Anderson Subject: Re: The End of Dog Licensing? Good afternoon: We've read the agenda for the February 8, 2011, Council/ Manager meeting and respectfully question some of the findings in Chief Altonen's Executive Summary: * Of the 9 cities surveyed, only two have no license requirement (Minnetonka and Plymouth) and only Plymouth has an off -leash park; * Jean at Crystal Parks and Recreation stated that dogs would need to be licensed in order to use that city's off -leash park; * You'll find Plymouth Dog Park Rules and Regulations attached to this email, stating the "Dogs must be healthy, full immunized, de- wormed, and wearing ID tags;" * The attached New Hope Media Release states that: "Dogs should be properly licensed and vaccinated;" * The attached St. Louis Park "2011 Non - Resident Off -Leash Dog Park Permit Application" states that "...my dog must have a current dog license to use the dog park;" and, * Three Rivers Park District Dog Off -leash Area Policies state: "Permit holders must have certification of current rabies vaccination for each pet readily available when using the dog off -leash area." In short, there are requirements that must be met for use of any of the dog parks listed in the summary, in most cases including licensing. We believe that responsible dog owners would keep their animals' health and vaccination records current; unfortunately, these are not the people whose dogs cause the greatest concern. We respectfully request that the Council leave Section 10.30 in effect. Thank you for your consideration and time. Greg Salter and Dane Anderson = BEFORE YOU GO TO THE PARK We think it's or.-- Information from the Animal Humane Society to your dog every once in a while Off -leash parks are a great resource for exercising, stimulating and socializing your dog. That being said, here are a few things to consider before bringing your dog to the Plymouth Dog Park: • Wait until you have a rock -solid recall with your dog. • Not all dogs are familiar with children and may perceive running and screaming as prey behavior, so keep children close by and under direct control. • Many people have difficulty distinguishing normal play behavior from bullying, and may not realize their dog is being rude. So ,go with your gut,,, if you feel your dog is becoming overwhelmed, take it home. The benefits of exercise are lost if the dog experiences only stress and anxiety. Located on south side of County Road 47 between Lawndale Lane and Dunkirk Lane PLYMOUTH'S DOG PARK is a great place for exercising and so&AIi[zf?g your dog in a safe and fun environment. A park where dogs can run, play, u jd romp with other dogs without the constraint of leashes. Since dogs are naturally social, having an open space where dogs can be free is critical to their well- being. • Plymouth's Dog Park is an unfenced 10 -acre site of open meadows, which is great for running and playing. In addition, the site features: • Parking • Shelter area • Small dog area (fenced for dogs under 201b) • Dog tunnels DOG PARK ETIQUETTE • Cooperation between dog owners is expected, including keeping order and enforcing dog park rules. • Watch your dog at all times. • Help keep the park clean, pick up and dispose of feces. • Cover any holes your dog digs. • Discourage aggressive behavior and barking. Leash your dog immediately if it shows signs of aggression. RULES & REGULATIONS • Please respect our neighbors and keep your dog within the confines of the park property. • Dogs must be leashed prior to entering and leaving the park. Owners must carry a leash for each dog at all times. • Collars are to be worn at all times. No pincher or spiked collars. • Dogs must be accompanied by an adult (16 or older) at all times. • Dogs must be healthy, fully immunized, de- wormed, and wearing ID tags. • Female dogs in heat are not permitted in the park. • Keep your dogs in sight and never leave dogs in the park unattended. • No littering. Place all trash in receptacles. • Users of this facility do so at their own risk. Plymouth Parks and Recreation is not responsible for any injury or damage caused by any dog in the off leash area. • Plymouth Parks and Recreation is not responsible for any damaged, lost or stolen property. • In case of emergency (dog bite or unsafe behavior) immediately call 911 for assistance. For all other issues, please call 763- 509 -5950. Media Release DATE: April 21, 2010 CONTACT PERSON: Jerry Beck PHONE: 763 - 531 -5103 Dog parks open in New Hope Two dog parks are now open in New Hope at the hockey rink enclosures in Civic Center and Lions parks. A pet waste station with a bag dispenser and waste bin is provided for the convenience of dog owners. The dog parks are free and open from dawn until dusk. Parking is available at New Hope City Hall, 4401 Xylon Ave N, for the Civic Center dog park and on 38th Avenue just east of Oregon Avenue for Lions Park. Dog park users are asked to follow a few common sense rules, including: • Dogs must be on leash when entering and leaving the rink enclosure and owners must carry a leash with them while their pet is exercising. • Dog owners must be in verbal control of their animals at all times and should leave if their pet becomes aggressive or barks excessively. • Dogs should be properly licensed and vaccinated. • Owners are legally responsible for their dogs and any injuries or damage caused by them. The hockey rink dog park in Lions Park is a one year trial and will be reevaluated next winter. The dog park in Civic Center Park went through a one year trial last year and is now a permanent amenity of the park. St. Louis Park MINNESOTA Inspections Department Dog Owner Name: Address: Home Phone: Dog's Name Breed: 2011 Non - Resident Off -Leash Dog Park Permit Application Please complete a separate application for each dog. Cell Phone: (_ ) Coat Color: Sex: M F I understand that my dog must have a current dog license to use the dog park. I am a resident of a city other than St. Louis Park purchasing a dog park permit which is valid from the date of purchase until December 31, 2011. The dog park permit grants me admission to both off -leash dog parks in St. Louis Park. My dog has a current dog license from the City of The license number is I have attached a copy of my dog's current rabies vaccination. I have paid the $55 annual fee which is valid from the date of purchase until December 31, 2011. Assumption of Risk and Liability: Acceptance of the terms and conditions of this release and adherence to Off - Leash Dog Park rules are conditions of permit approval, retention, and renewal. Permits may be revoked for noncompliance. I hereby acknowledge that I voluntarily have applied to participate and use, with my dog(s), the Off Leash Dog Parks designated by the City of St. Louis Park. I understand that the acts of unleashing my dog(s) or being physically present inside the Off -Leash Dog Parks necessarily involves risks of injury to me, other people, my dog(s), and other dog(s), including but not limited to, risks resulting from aggressive or dangerous dog(s), unpredictable behavior, lack of training, and lack of vaccination. I expressly assume these risks and responsibility for the actions of my dog and myself. I understand that no agent or employee of the City of St. Louis Park will supervise the Off -Leash Dog Parks at any tiune. I further understand and agree that the City of St. Louis Park is not liable for any loss, damage, or injury of any kind sustained by any human or dog while using the Off -Leash Dog Parks. I thereby expressly assume all risks associated with using the Off Leash Dog Parks, as well as any fixtures or equipment located therein. The Parks and Recreation Department often take pictures, slides, and videotape of participants enjoying their facilities. These are used for promotion, brochures, scrapbooks and staff training. I grant permission to use the name, pictures and quotes of me or my dog(s) for the above purposes. By signing this release of liability and using the Off Leash Dog Parks, I hereby fully and forever release and discharge the City of St. Louis Park, their employees and agents from any and all claims, demands, damages, or causes of action present or future, whether the same be known and unknown, anticipated, or unanticipated, resulting from or arising out of my intended use of the said Off -Leash Dog Park premises, facilities, or equipment. I have carefully read this release of liability. I understand, agree with, and accept its terms and conditions. Signature Date City of St. Louis Park 5005 Minnetonka Boulevard St. Louis Park MN 55416 Phone (952) 924 -2588 Fax (952) 924 -2663 Website www.sdouispark.org 4 1 Memorandum Planning 763- 593 -8095 / 763- 593 -8109 (fax) Executive Summary For Action Golden Valley City Council Meeting February 15, 2011 Agenda Item 3. G. Support for Funding Request by Five Cities Senior Transportation Project from 2011 Consolidated Pool - Urban Hennepin County Community Development Block Grant Program Prepared By Mark Grimes, Director of Planning and Development Summary In 1985, the City of Golden Valley was one of the founding members of the Five Cities Senior Transportation Project. This service provides transportation to seniors for trips for shopping, dining, senior clubs, doctor appointments and other senior activities. The service is funded by donations from the riders and from the five cities of Golden Valley, Crystal, Robbinsdale, New Hope and Brooklyn Center. From 1985 to 2003, the City of Golden Valley used a portion of its Community Development Block Grant (CDBG) funds that were allocated to Golden Valley through the Urban Hennepin County CDBG Program to pay its share of the project. In 2004, the City was informed that it no longer had a specific allocation dedicated to Golden Valley due to the changes to its population documented in the 2000 Census. Therefore, CDBG funds for the Five Cities Senior Transportation Project now come out of the consolidated pool portion of funds that are part of the Urban Hennepin County CDBG Program. (The consolidated pool funds are those funds available for eligible projects from cities in Hennepin County that do not have a specific allocation.) Since 2005 the Five Cities project was successfully supported by the consolidated pool with support from Golden Valley and other cities. Since the City of Golden Valley has been a staunch supporter of this Project since its inception and because it supports transportation needs of seniors in the City, staff is recommending that the City Council again support the direct funding request by Five Cities Senior Transportation from the consolidated pool. Any funds received from the consolidated pool would reduce the amount of funds that the City will have to provide to keep the service operating. The 2011 Golden Valley obligation for this service is $13,700 as determined by the Five Cities Senior Transportation Executive Committee. Attachments Memo from Rita DeBruyn, Senior Program Coordinator, City of Robbinsdale dated January 13, 2011 (2 pages) Resolution Supporting Funding Request by Five Cities Senior Transportation Project from 2011 Consolidated Pool - Urban Hennepin County Community Development Block Grant Program (1 page) Recommended Action Motion to adopt Resolution Supporting Funding Request by Five Cities Senior Transportation Project from 2011 Consolidated Pool - Urban Hennepin County Community Development Block Grant Program. City of Robbinsdale 4100 Lakeview Avenue North Robbinsdale, Minnesota 55422 -2280 Phone: (763) 537 -4534 Fax: (763) 537 -7344 www.robbinsdalemn.com MORANDUM TO: Lisa Whitman, City of Golden Valley FROM: Rita DeBruyn, Senior Program Coordinator, City of Robbinsdale DATE: January 13, 2011 SUBJECT: CDBG Request for Five Cities Senior Transportation Five Cities Senior Transportation provides older adult transportation under a 1985 Joint Powers Agreement between the cities of Brooklyn Center, Golden Valley, New Hope, Crystal and Robbinsdale. The Five Cities Senior Transportation Executive Committee comprised of City Managers of each of the five cities has approved the sum of $13,700.00 per city for the 2011 transportation budget. This amount is the Five Cities Transportation request for the 2011 -2012 CDBG funding year. Enclosed is a copy of the 2010 cumulative statistics. You will note the City of Golden Valley ridership is 103 persons served and 1472 rides. Destinations included: • Shopping trips to Ridgedale, Target, Wal -Mart • Grocery shopping trips to Cub Foods and Byerly's • Pharmacy, banking and post office opportunities at some destinations • City sponsored activities such as Brunch Bunch, Seniors in Mind, Nature of Things, Donut Make You Wonder, Afternoon Vivace Concerts, Local Motion and Meandering with Mary In addition to home pick ups, Five Cities vehicles transport older residents from the following locations: Dover Hill, Calvary Apartments and Co -op, Covenant Village, Laurel Estates, The Crossings, Laurel Condos, Golden Valley Arms, Valley View, Village Terrace and Golden Valley City Hall. If you need additional information, please contact me at 763 -531 -1274. On behalf of older Golden Valley residents served by the Five Cities Senior Transportation Project in 2010, thank you. cc: Jeanne Fackler Thomas Burt Mark Grimes Attachment O O N O O LO LO a) M M M 00 O � d N M r O r 00 Cam". r N r d' T � N r O N O' � N m � t0 2 � cu U r _N O RS O Z c �j 06 21' c O U c a U LIO = � o0 0 N a o _ -0 U) C O O •— N LO LO O N � 0 z U m °° N Loo O N � Q N O O N Z O C0 f— Z � Z r O V% 00 C\l -o � co 0 0 W O M 00 o L (O O p w a yo Z o N Oro U) W cn W U- O O N O O LO LO a) M M M 00 O � d N M r O r 00 Cam". N d' T � N fl- N � N m a) cu U r Z o c �j p 21' c ,1- 0 c a U II = � o0 0 N a o _ -0 U r N O ) � 0 z U m O O N O O LO LO a) M M M 00 O � d N M r O r 00 Cam". p1 (D O N N r r r OI t0 00 V cy, O LO 00 N N O r cy) r 001 N d' r N � o fl- N I LO N O N r Z r O p U) c ,1- 0 c a II = N `1 O Q N a o _ -0 r r N O ) � 0 z CD m p1 (D O N N r r r OI t0 00 V cy, O LO 00 N N O r cy) r 001 N d' r rn o fl- N I LO O O � r Z r O U) LO ,1- 0 r d OI cMp N O N 14)l r r N O ) r N r °° r Loo O N r a O O r O C0 f— N Z r p1 (D O N N r r r OI t0 00 V cy, O LO 00 N N O r cy) r 001 N d' r O M N N O LO O N dj r Z O U) d M oo 14)l O O ) d °° r J a Z Z a o M 00 r M (O O I O C6 0 W W W U O W z O a. 0 z Resolution 11 -5 February 15, 2011 Member introduced the following resolution and moved its adoption: RESOLUTION SUPPORTING FUNDING REQUEST BY FIVE CITIES SENIOR TRANSPORTATION PROJECT FROM 2011 CONSOLIDATED POOL - URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM WHEREAS, the City Council of the City of Golden Valley was one of the founding members of the Five Cities Senior Transportation Project in 1985; and WHEREAS, the City of Golden Valley has provided continual financial support for the Project from the City's General Fund and with Community Development Block Grant (CDBG) funds allocated to the City of Golden Valley because of the demonstrated need that has proved by the number of rides provided to seniors each year since 1985; and WHEREAS, the need for such senior transportation will continue to grow in upcoming years; and WHEREAS, the City of Golden Valley no longer has its own CDBG allocation. NOW, THEREFORE, BE IT RESOLVED, by the City Council for the City of Golden Valley that it supports the funding request by the Five Cities Senior Transportation Project from the 2011 Consolidated Pool that is part of the Urban Hennepin County Community Development Block Grant Program. 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. Memorandum Police Department 763- 593 -8079 / 763 - 593 -8098 (fax) Executive Summary For Action Golden Valley City Council Meeting February 15, 2011 Agenda Item 3. H. Authorization to Sign Agreement with Bureau of Criminal Apprehension for Breath Test Instruments Prepared By Stacy Altonen, Chief of Police Summary In the coming months the Bureau of Criminal Apprehension (BCA) will be replacing the current breath test instrument, Intoxilyzer 5000, with a new breath test instrument, the DataMaster DMT -G. The new instrument will allow breath tests to be transmitted directly to the BCA via a secure network and will allow the BCA to monitor and send updates from a central location. In order to utilize this equipment a lease agreement must be signed and returned to the BCA prior to this deployment. Attachments MN Department of Public Safety DataMaster DMT -G with Fuel Cell Option Evidential Breath Tester Instrument Agreement (3 pages) Recommended Action Motion to authorize the Mayor, City Manager and Chief of Police to sign the MN Department of Public Safety DataMaster DMT -G with Fuel Cell Option Evidential Breath Tester Instrument Agreement. • !! THIS JOINT POWERS AGREEMENT, by and between the State of Minnesota; acting through its Commissioner of Public Safety Bureau of Criminal Aoprehension, Forensic Science Laboratory (hereinafter referred to as the STATE) and Golden Valley Police Department (hereinafter referred to as the GOVERNMENTAL Ul* M witness that WHEREAS, the STATE has received an appropriation to purchase DataMaster DMT -G with Fuel Cell Option breath test instruments and is authorized to distribute DataMaster DMT -G with Fuel Cell Option breath test instruments to criminal justice agencies and /or city, county, or political subdivisions; and WHEREAS, the GOVERNMENTAL UNIT represents that it is a criminal justice agency, or is a city, county, or political subdivision authorized to accept equipmenttservices from the STATE for the purpose specified herein; and WHEREAS, the GOVERNMENTAL UNIT represents that it is duly qualified and willing to perform and carry out the services and tasks described in this Agreement.. NOW, THEREFORE, it is agreed; 1. STATE'S RESPONSIBILITIES, A. The STATE. will provide GOVERNMENTAL UNIT with a DataMaster DMT -G with Fuel Cell Option breath test instrument ( "instrument "), which includes a DataMaster DMT -G with Fuel Cell Option, initial dry gas cylinder; a keyboard, a keyboard carrel, a printer with a toner cartridge, and mouthpieces for use as specified under Clause 11 of this Agreement. The GOVERNMENTAL UNIT will use and have possession of the instrument; but the STATE shall retain legal ownership of the instrument. B. Any and all repairs shall be made by or at the direction of the STATE. If funding is available, the STATE will pay for the cost of maintenance and repair, or replacement due to normal wear and tear resulting from routine, proper use of the instrument. C. The STATE will maintain all necessary state and federal inventory control records on these instruments. GOVERNMENTAL UNIT RESPONSIBILITIES, X The GOVERNMENTAL UNIT will use the instrument specified above to assist in enforcing Minnesota laws and local ordinances relating to traffic and highway safety and for others law enforcement applications. B. The GOVERNMENTAL UNIT will keep and maintain the instrument provided by the STATE in proper operating condition. The GOVERNMENTAL UNIT will also be responsible for any and all costs of repairing or replacing the instrument that is lost or damaged due to misuse or abuse. C. The GOVERNMENTAL UNIT will provide and maintain all disposable and consumable components originally provided by the STATE, such as DataMaster DMT -G with Fuel Cell Option mouthpieces, dry gas cylinders, printer toner cartridges, and paper and will supply all other necessary disposable and consumable components not provided by the STATE at the GOVERNMENTAL UNIT'S expense. D. The GOVERNMENTAL UNIT will make this instrument available for use by any breath test operator certified by the STATE. E, The GOVERNMENTAL UNIT will not permit the instrument to be operated or tampered with by individuals who are not trained in its operation and certified by the STATE as DataMaster DMT- G with Fuel Cell Option operators. F. The GOVERNMENTAL UNIT will make the instrument available to STATE authorized personnel when required for inventory or inspection purposes. Ill. TERMS OF AGREEMENT This Agreement shall be effective on January 1, 2011 or upon the date that the final required signature is obtained by the STATE, pursuant to Minn. Stat. § 16C.06, Subdivision 2, whichever occurs later, and shall remain in effect until the instrument is no longer used and supported by the STATE or until terminated by, either of the parties as provided in Clause IV below, whichever occurs first, At the end of this Agreement, the STATE will notify the GOVERNMENT UNIT if they are required to return the instrument to the STATE. IV. TERMINATION This Agreement may be terminated by either the STATE or GOVERNMENTAL UNIT at any time, with or without cause, upon ten (10) days written notice to the other party. The instrument must be returned to the STATE within 30 days of the termination date, and if the GOVERNMENTAL UNIT fails to return the instrument within this time period the GOVERNMENTAL UNIT agrees to pay the STATE the cost of replacing the instrument and payment will be made to the STATE within 30 days of receipt of invoice, V. STATE'S AUTHORIZED REPRESENTATIVE The STATE'S authorized representative agent for the purposes of this Agreement is Frank C. Qoleisj, or his designee, Department of Public Safely, Bureau of Criminal Apprehension, Forensic Science Laboratory, 1430 Maryland Avenue East, St, Pauf MN 55106. Such representative will have final authority for acceptance of the GOVERNMENTAL UNIT'S services. W ASSIGNMENT GOVERNMENTAL UNIT shall neither assign nor transfer any rights or obligations under this Agreement without the prior written consent from the STATE, V11. LIABILITY GOVERNMENTAL UNIT shall indemnify, save and hold the STATE, its agents and employees, harmless from any claims or causes of action, including all attorneys' fees incurred by the STATE, arising from the performance of this Agreement by GOVERNMENTAL UNIT or GOVERNMENTAL UNIT'S agents or employees. This clause will not be construed to bar any legal remedies GOVERNMENTAL UNIT may have for the STATE's failure to fulfill its obligations pursuant to this Agreement. GOVERNMENTAL UNIT'S liability shall be governed by the provisions of the Municipal Tort Claims Act, Minnesota Statutes, Section 466.01-466.15 and other applicable law. Vill. STATE AUDIT Under Minn. Staff § 16C.05, subd 5, the GOVERNMENTAL UNIT'S books, records, documents and accounting procedures and practices relevant to this Agreement are subject to examination by the STATE, and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this Agreement. IX VENUE Minnesota law, without regard to its choice -of -law provisions, governs this agreement. Venue for all legal proceedings out of this agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed intending to be bound thereby. APPROVED 2. GOVERNMENTAL UNIT 3. DEPARTMENT OF PUBLIC SAFETY Governmental Unit certifies that the appropriate person(s) have executed this Agreement on behalf of Governmental Unit as required by applicable articles, by -laws, resolutions, or ordinances. By By: Title. Title: Date: Date By: Title: Date 1. State Encumbrance Verification 4. DEPARTMENT OF ADMINISTRATION No encumbrance required: By: By: Date: Dater 1 �1� Memorandum Planning 763- 593 -8095 / 763- 593 -8109 (fax) Executive Summary For Action Golden Valley City Council Meeting February 15, 2011 Agenda Item 3. I. Approval of Plat - Pentel Addition Prepared By Mark Grimes, Director of Planning and Development Summary At the November 16, 2010 City Council meeting, the City Council approved a request for the Preliminary Plat for Pentel Addition. A copy of the Final Plat has been prepared and is consistent with the approved Preliminary Plat. Attachments Resolution for Approval of Plat - Pentel Addition (1 page) Plat for Pentel Addition (1 oversized page, loose in agenda packet) Recommended Action Motion to adopt Resolution for Approval of Plat - Pentel Addition. Resolution 11 -6 February 15, 2011 Member introduced the following resolution and moved its adoption: RESOLUTION FOR APPROVAL OF PLAT - PENTEL ADDITION WHEREAS, the City Council for the City of Golden Valley, pursuant to due notice, has heretofore conducted a public hearing on the proposed plat to be known as Pentel Addition covering the following described tracts of land: Lots 11 and 12, Block 4, Thotlands Twin View Terrace WHEREAS, all persons present were given the opportunity to be heard; NOW, THEREFORE, BE IT RESOLVED, by the City Council for the City of Golden Valley, that said proposed plat be, and the same hereby is, accepted and approved, and the proper officers of the City are hereby authorized and instructed to sign the original of said plat and to do all other things necessary and proper in the premises. Linda R. Loomis, Mayor ATTEST: Susan M. Virnig, City Clerk The motion for the adoption of the foregoing resolution was seconded by Member and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted, signed by the Mayor and her signature attested by the City Clerk. Police Department 763- 593 -8079 / 763- 593 -8098 (fax) Executive Summary For Action Golden Valley City Council Meeting February 15, 2011 Agenda Item 3. J. Continued First Consideration - Ordinance #455 - Amending Section 10.30, Regarding Discontinuance of Dog Licensing Requirement (Except for Dangerous and Potentially Dangerous Dogs) Prepared By Stacy Altonen, Chief of Police Summary At its February 1, 2011 meeting the Council considered amending the City Code regarding animal control to discontinue dog license registration due to the cumbersome nature of staff involvement and the lack of compliance in registering dogs within the City. At the February 8, 2011 Council /Manager meeting the Council directed staff to continue dog license registration and recommended increasing the dog license fee to $15.00 for a spayed /neutered dog and $30.00 for an unaltered dog beginning in 2012. Recommended Action Motion to take no action on Ordinance No. 455, Amending Section 10.30, Regarding Discontinuance of Dog Licensing Requirement (Except for Dangerous and Potentially Dangerous Dogs). Motion to request staff include a three year dog license and change the fee to $15 per year (spayed /neutered) and $30 per year (unaltered) for consideration in the 2012 Master Fee Schedule. Memorandum Planning 763 - 593 -8095 / 763- 593 -8109 (fax) Executive Summary For Action Golden Valley City Council Meeting February 15, 2011 "60 Days" Deadline: April 6, 2011 Agenda Item 4. A. Continued Public Hearing - Preliminary Plat Approval - Fretham 11th Addition - 240 Jersey Avenue North Prepared By Joe Hogeboom, City Planner Summary Curt Fretham, Lakewest Maki, LLC., has proposed to subdivide the property located at 240 Jersey Avenue North into two separate residential lots. The existing home and detached garage on the property will be removed. At the February 1, 2011 City Council meeting, the Council voted to table this petition and requested an updated memorandum from the City Engineer that reflected the new proposal by the applicant. An updated Public Works memorandum, dated February 7, 2011, is attached. This action qualifies as a minor subdivision because the property is part of a recorded plat. In addition, the action will produce fewer than four lots and will not create need for public improvements. Seven specific criteria that govern minor subdivision requests are outlined, in their entirety, in the staff report to the Planning Commission, dated January 5, 2011. Attachment Location Map (1 page) Planning Commission Minutes dated January 10, 2011 (3 pages) Memo to Planning Commission dated January 5, 2011 (3 pages) Memo from City Engineer Jeff Oliver dated February 7, 2011 (3 pages) Preliminary Plat (1 page, loose in agenda packet) Recommended Action Motion to approve the Preliminary Plat for Fretham 11th Addition, 240 Jersey Avenue North, subject to the following conditions: 1. The City Attorney will determine if a title review is necessary prior to approval of the final plat. 2. The City Engineer's memo, dated February 7, 2011, shall become part of this approval. 3. A park dedication fee in the amount of $1,400 shall be paid by the applicant prior to final plat approval. 4. A Subdivision Agreement will be drafted for review and approval by the City Council that will include issues found in the City Engineer's memo dated February 7, 2011. 5. The existing home and garage shall be removed prior to the approval of the final plat. 6. All applicable City permits shall be obtained prior to the development of the new lots. Regular Meeting of the Golden Valley Planning Commission January 10, 2011 regular meeting of the Planning Co ission was held at the Golden Valley City Hall, ncil Chambers, 7800 Golden Vall tiled Road, Golden Valley, Minnesota, on Monday, Jan 10, 2011. Chair Wald hauser the meeting to order at 7 pm. Those present Planning Commi ioners Cera, Eck gall, Segelbaum and Waldhauser. Also pr t was Direct of Plannin evelopment Mark Grimes, City Planner Joe Hogeboom a dminist tive A nt Lisa Wittman. Commissioners Kluchka and McCarty were abs 1. Approval of Minutes , December 1 0 Regular nning Com ' ion Meeting Eck noted ral typographical erro MO by Eck, seconded by Cera a d motion carried unanimously to ove the ember 13, 2010 minutes with the' bove noted corrections. 2. informal Public Hearing — Minor Subdivision 240 Jersey Ave N - SU17 -09 Applicant: Lakewest Maki, LLC - Curt Fretham Address: 240 Jersey Ave N Purpose: The applicant is proposing to create two new lots for the construction of one new home. Hogeboom stated that since the hearing notices were mailed and the agenda packet was sent out the applicant has changed his proposal slightly. He distributed a copy of the proposed new plat and explained that the east/west property line has been redrawn to be straight across instead of angled. The applicant is also proposing to demolish the existing home and garage and construct two new homes, rather than allowing the existing house to remain as stated on the hearing notice and the agenda. Hogeboom stated that staff feels that straightening out the property line between the proposed new lots is the preferred way to draw property lines in order to accommodate utilities and reduce the need for easements. He referred to City Engineer Jeff Oliver's staff report and noted that since the property line will be straight across the lots the condition of requiring a private easement for utilities no longer applies. Hogeboom noted that both lots will be 10, 974 square feet in size and both lots will meet all of the City's requirements, therefore staff is recommending approval of this subdivision request. Segelbaum asked who owns the property. Hogeboom stated that the applicant is in the process of purchasing the property and will own it before final plat approval. Minutes of the Golden Valley Planning Commission January 10, 2011 Page 2 Cera asked about the age of the existing home. Hogeboom said he didn't know. Eck asked if the subdivision is approved and the existing home was not removed if it would meet setback requirements. Hogeboom stated that the existing home would not meet the side yard setback requirements with the proposed new lot line configuration. Grimes stated that a condition could be added by the City Council requiring that the existing home be removed before final plat approval. Martin Campion, Campion Engineering Services, representing the applicant, stated that the closing for this property is scheduled for January 28, 2011. At that point, Lakewest Maki, LLC will be the property owner. He referred to the suggestion regarding removal of the existing house prior to final plat approval. He said he would prefer that the condition state that the house and garage will be removed before building permit approval because the final plat will be filed at the County in February so there won't be enough time to remove the house and garage before final plat approval. Cera explained that the City can't approve a plat that would create a non - conforming situation. Grimes said he would speak with the City Attorney regarding the existing house being removed. Campion stated their intent is to remove the house and garage at the same time. Cera asked why the plans changed from the original submittal. Campion explained that they have a potential buyer who would like to build a new house on the lot where the existing house is currently located. Cera asked if the house will be demolished or moved. Campion said at this point they are planning on demolishing it. Segelbaum asked the applicant how their plans would be impacted if the sale of the property falls through. Campion reiterated that their intent at this point is to go through with the plans to remove the house. Waldhauser opened the public hearing. Joanne Marben, 220 Jersey Avenue North, asked how big the new homes will be. Waldhauser said that probably hasn't been determined yet, but any new construction will have to be built per the requirements of the Zoning Code. Marben asked if both of the entrances to the properties would be on Jersey Ave. Waldhauser said yes. Steve Mickelson, 6809 Glenwood Avenue, asked if there is any chance to sell the lot "as is ". He asked if anything can be done, or if this public hearing is just a matter of law and if the proposal meets the requirements, the property can be developed. He asked if any consideration will be given to the oak trees on the property. Waldhauser explained that the City asks developers to consider certain things but if a proposal meets all of the City's requirements it is difficult to deny a subdivision proposal. Eck added that it is in the developer's best interest to keep as many trees as possible. Minutes of the Golden Valley Planning Commission January 10, 2011 Page 3 Mickelson asked what would happen if the developers want to get a variance. Waldhauser explained that there is a variance process. Since this proposal deals with new construction she doesn't think there would be any basis to grant any variances. Mickelson noted that the hearing notice he received said the existing house would remain. Hogeboom reiterated that the applicant's proposal changed after the hearing notices were already mailed. He explained that an updated hearing notice will be mailed prior to the City Council hearing on this proposal. Waldhauser asked the applicant if the trees on the site have been identified. Campion said the trees have been identified but he is not sure at this point which ones will be removed. He reiterated that the trees are valuable to the lot and they want to keep as many as possible. Schmidgall referred to the tree preservation ordinance which requires the replacement of trees if they're removed. Grimes discussed the tree preservation process and noted that a significant number of tress will be preserved, in this case. He stated that he realizes this type of proposal is frustrating for neighbors because they are invited to a public hearing for an item that is basically administrative because it meets all of the City's requirements. Waldhauser agreed and added that it is good, for the developer and City to know the neighbor's concerns. Hearing and seeing no one else wishing to comment, Waldhauser closed the public hearing. Schmidgall said he is not comfortable leaving the existing home out of conformance once the subdivision is approved. Cera said the Planning Commission needs to consider this subdivision as if the house and garage are being removed and the City Council can put further conditions on their approval if they wish. He said he wanted it noted that the hearing notice that was mailed for this item is not what the Planning Commission discussed because the notice said the house is going to remain when it is not. Segelbaum said he likes the new proposal because better homes will be built on both lots. Eck added that there is no legal basis to deny this request. Waldhauser suggested a condition be added that states prior to final plat approval, all existing structures shall be removed. MOVED by Schmidgall, seconded by Cera and motion carried unanimously to recommend approval of the proposed minor subdivision at 240 Jersey Avenue North subject to following conditions: 1. The City Attorney will determine if a title review is necessary prior to approval of the final plat. 2. The City Engineer's memo, dated December 29, 2010, will become part of this approval. 3. A park dedication fee in the amount of $1,400 shall be paid by the applicant prior to final plat approval. 4. A Subdivision Agreement will be drafted for review and approval by the City Council that will include issues found in the City Engineer's memo dated December 29, 2010. 5. All applicable City permits must be obtained prior to the development of the new lots. 6. Prior to final plat approval, all existing structures shall be removed. f Ff k9i i Date: January 5, 2011 To: Planning Commission From: Joe Hogeboom, City Planner a Planning 763- 593 -8095 / 763 - 593 -8109 (fax) Subject: Informal Public Hearing on Minor Subdivision of Property at 240 Jersey Avenue North — Curt Fretham, Lakewest Maki, LLC., Applicant Summary of Request Curt Fretham, Lakewest Maki, LLC., is proposing to subdivide the property located at 240 Jersey Avenue North into two separate lots. The existing home at 240 Jersey Avenue will remain in place on the newly created northernmost lot. The existing detached garage will be removed. City Code requires that each new lot meet the required 10,000 square foot minimum lot size standard set forth by the Zoning Code. For this proposal, the northern -most lot would consist of 11,572 square feet of land and the southern -most lot would consist of 10,376 square feet of land. City code also requires that at least 80 feet of width exists at the front setback line of any newly established lot. In addition, both proposed properties exceed City requirements. Setback boundaries (building envelopes) of the proposed lots would allow generous -sized homes to be constructed without variances. Qualification as a Minor Subdivision The proposed two lot subdivision qualifies as a minor subdivision because the property located at 240 Jersey Avenue North is part of a recorded plat. In addition, this proposed subdivision will produce fewer than four lots and will not create need for public improvements (such as street construction.) The applicant has submitted the required information to the City that allows for the request to be evaluated as a minor subdivision. Staff Review Staff has evaluated this lot subdivision request as a minor subdivision. As previously indicated, this request creates two lots that each exceeds the minimum lot requirements in the R -1 Single Family Residential Zoning District. The applicant has submitted a survey for the affected property following subdivision. The survey includes setback boundaries and lot layout following lot division. This document provides the City with information necessary to evaluate the minor subdivision. The document indicates the preservation of the existing home. City Engineer Jeff Oliver, PE, has submitted a memorandum dated December 29, 2010 regarding recommendations from the Public Works Department concerning this request. Requirements set forth in Mr. Oliver's memo are to be included in the recommended action of this subdivision. Qualification Governing Approval as a Minor Subdivision According to Section 12.50 of the City's Subdivision Regulations, the following are the regulations governing approval of minor subdivisions with staff comment related to this request: 1. Minor subdivisions shall be denied if the proposed lots do not meet the requirements of the appropriate zonin district. Both proposed lots will meet the requirements set forth by the R1 Single Family Residential Zoning District. 2. A minor subdivision may be denied if the City Engineer determines that the lots are not buildable. The City Engineer has determined that both proposed lots are buildable. 3. A minor subdivision may be denied if there are no sewer and water connections available or if it is determined by the City Engineer that an undue strain will be placed on City utility systems by the addition of the new lots. A developer would be required to submit detailed plans regarding the proposed sewer and water locations at the time building permits are applied for. The City Engineer has indicated in his memorandum that the sewer line to the existing home may be used, upon upgrade to City standards. A new sewer line must be created for the home on proposed Lot 2. In addition, it appears that the water service to the existing home on proposed Lot 1 will be partially located on proposed Lot 2 following subdivision. In order to accommodate this water service, the City Engineer has recommended that an easement between the lots be established. This will take place upon approval of the final plat. 4. Approval of the minor subdivision may require the granting of certain easements to the Cam. The final plat must show all necessary easements as required by the City Engineer and City ordinances. 5. If public agencies other than the City have jurisdiction of the streets adiacent to the minor subdivision the agencies will be given the opportunities to comment. No other public agencies have jurisdiction of the streets adjacent to this site. 6. The City may ask for review of title if required by the City Attorney regarding the dedication of certain easements. The City Attorney will determine if such a title review is necessary prior to approval of the final plat. 7. The minor subdivision may be subject to park dedication requirements. A park dedication fee of $1,400 (1% of estimated land market value) shall be paid by the applicant prior to final plat approval 2 Recommended Action The Planning Department recommends approval of the minor subdivision with the conditions listed below: 1. The City Attorney will determine if a title review is necessary prior to approval of the final plat. 2. The City Engineer's memo, dated December 29, 2010, will become part of this approval. 3. A park dedication fee in the amount of $1,400 shall be paid by the applicant prior to final plat approval. 4. A Subdivision Agreement will be drafted for review and approval by the City Council that will include issues found in the City Engineer's memo dated December 29, 2010. 5. All applicable City permits must be obtained prior to the development of the new lots. Attachments: Location Map (1 page) Memo from City Engineer Jeff Oliver dated December 29, 2010 (2 pages) Preliminary Plat (2 pages) 3 cit Golden Valle Y Date: February 7, 2011 Memorandum Public Works 763.593.8030 1763.593.3988 (fax) To: Lllark Grimes, Director of Planning and Development From: Jeff Oliver, PE, City Engineer Subject: Review of Minor Subdivision at 240 Jersey Avenue North Fretham Eleventh Addition Public Works staff has reviewed the revised plans for the proposed minor subdivision of property located at 240 Jersey Avenue North. This development has been named Fretham Eleventh Addition. The revised plans were submitted to the Public Works Department on February 3, 2011. The proposed subdivision, which is located immediately south of Glenwood Avenue, consists of splitting an existing lot into two lots. There is an existing home and garage on the property that must be will be demolished prior to City Council approval of the final plat. The property being subdivided was originally subdivided in 1999 and a single - family home was constructed on the newly created lot at the intersection of Jersey Avenue and Glenwood Avenue. Jersey Avenue was reconstructed in 1995 and the special assessment roll for the project indentified this property for the potential of future subdivision. Because Jersey Avenue is part of the City's Municipal State Aid (MSA) system, the assessment roll included one levied MSA unit assessment and one deferred MSA unit assessment, which was paid when the property subdivided in 1999. However, the assessment roll did not include any deferred special assessments for a third parcel. Therefore, staff is recommending that the third parcel (Lot 2) be assessed a MSA Street Assessment at the current rate of $1,437.50 per unit at the time of application for a building permit on the lot. The preliminary plat submitted for review must be revised to include a 10 -foot wide drainage and utility easement on the rear lot lines. There are existing sanitary sewer and water for the home that currently exists on Lot 1 of the new subdivision. New sewer and water services will be needed to provide service to Lot 2. These services must be extended from the sanitary sewer and watermain GADevelopments - PrivateTretham 11th Add \Review 020711.doc within Jersey Avenue, and must be installed according to City standards and specifications. Based upon the information provided by the developer, it appears that the existing water service to Lot 1 will be partially located on Lot 2 following subdivision. In order to accommodate this water service, an easement between the lots will be required. The developer must submit a legal description for this easement to the Public Works Department and an easement document will be prepared by the City. This easement must be signed and be ready for recording prior, to forwarding the final plat to the City Council for approval. The existing sanitary sewer service for Lot 1 must comply with the Inflow and Infiltration Ordinance. The home has been inspected and an escrow agreement has been entered into with the City for the repairs to the sanitary sewer service required for compliance. The developer must complete the repairs and obtain the required Certificate of Compliance prior to issuance of permits for the demolition of the existing home and garage. The developer will be required to obtain Right -of -Way Management Permits for the work proposed within the right -of -way for Jersey Avenue. The work includes excavation for the sanitary sewer and water services, driveway construction, sidewalk modifications, driveway aprons, and retaining wall modifications. This development is also subject to the Stormwater Management Ordinance. Therefore, permits will be required for the demolition of the existing home and garage, and for new construction on each of the new lots. This property is within the Sweeney Lake sub - district of the Bassett Creek watershed. Based upon the Bassett Creek Watershed Management Commission standards, no, >: water quality treatment is required. However, the implementation of best management practices during the demolition of existing structures and building new homes is required. These best management practices will be included with the City stormwater permitting discussed above. The construction of new homes on each lot will also require a Tree Preservation Permit. Public Works staff recommends approval of the proposed subdivision on 240 Jersey Avenue North subject to the comments and conditions discussed within this review, which are summarized as follows. 1. An easement between to accommodate existing the water service to Lot 1 be executed between the two lots. This easement must be ready for recording prior to approval of the final plat. 2. The developer pay a MSA Street Assessment for Lot 2 at the 2011 rate of $1,437.50 at the time of application for a building permit. GADevelopments - PrivateTretham 11th Add \Review 02071 tdoc 3. Subject to the permitting requirements outlined in this review. 4. Subject to the review and comment of other City staff. Please feel free to call me if you have any questions regarding this matter. C: Jeannine Clancy, Director of Public Works Al Lundstrom, Environmental Coordinator Mitch Hoeft, Engineer GADevelopments - PrivateTretham 11th Add \Review 020711.doc Memorandum Planning 763- 593 -8095 / 763 - 593 -8109 (fax) Executive Summary For Action Golden Valley City Council Meeting February 15, 2011 Agenda Item 6. A. 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. 107. The Council has approved three 6 -month extensions since the original Preliminary PUD approval. 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 another 6 -month extension for the filing of their 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; 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 are applied for by Duke; and 3) Duke shall cooperate with the Metropolitan Council Environmental Services (MCES) in the construction of the 1 -GV -461 Reliever project. The Reliever project is required to be constructed by MCES to increase sanitary sewer capacity to serve Duke's West End development and other future development in the certain parts of Golden Valley and St. Louis Park. The cooperation may include the dedication of property or easements for the construction of a lift station, force main, air relief, or gravity lines as outlined in the MCES plans for 1 -GV -461. If the City or MCES does not determine that there has been adequate cooperation from Duke, the City retains the right to place additional conditions on future extensions to the Preliminary PUD Plan or the Final PUD Plan. Attachments Location Map (1 page) Letter from Duke Realty dated January 10, 2011 (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 August 27, 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. 3. Duke shall cooperate with the Metropolitan Council Environmental Services (MCES) in the construction of the 1 -GV -461 Reliever project. The Reliever project is required to be constructed by MCES to increase sanitary sewer capacity to serve Duke's West End development and other future development in the certain parts of Golden Valley and St. Louis Park. The cooperation may include the dedication of property or easements for the construction of a lift station, force main, air relief, or gravity lines as outlined in the MCES plans for 1 -GV -461. If the City or MCES does not determine that there has been adequate cooperation from Duke, the City retains the right to place additional conditions on future extensions to the Preliminary PUD Plan or the Final PUD Plan. m Duke REALTY January 10, 2011 1600 Utica Avenue South Suite 250 Minneapolis, MN 55416 952.543.2900 www_dukerealty.com Ms. Lisa Wittman City of Golden Valley 7800 Golden Valley Road Golden Valley, MN 55427 Re: Towers at West End PUD Application Extension Dear Ms. Wittman: Please find enclosed Duke Realty's Check No. 8027307, in the amount of $150.00, for the extension to submit our final PUD application for the Towers at West End project. If you have any additional questions or comments, please contact me at 952- 543 -2970. Regards, DUKE REALTY CORPORATION Gary Gleas n Vice President, Construction enclosure c: Pat Mascia, Duke Realty �S 1i Memorandum City Administration /Council 763- 593 -8003 / 763- 593 -8109 (fax) Executive Summary for Action Golden Valley City Council Meeting February 15, 2011 Agenda Item 6. D. Executive Session - Revised Franchise Fee Ordinance Prepared By Thomas D. Burt, City Manager Summary Staff is recommending the City Council hold a closed Executive Session on February 15, 2011 in the Manager's Conference Room either during a break during the meeting or immediately following the Council Meeting. The purpose of the meeting is to discuss the revised Franchise Fee Ordinance with legal counsel. Recommended Action Motion to adjourn to an Executive Session on February 15, 2011 to discuss the revised Franchise Fee Ordinance with legal counsel.