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08-03-11 CC Agenda Packet (entire) AGENDA Regular Meeting of the City Council Golden Valley City Hall 7800 Golden Valley Road Gouncil Chamber Wednesday, August 3, 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 1. CALL TO ORDER PAGES A. Roll Call 2. ADDITIONS ANp 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 - June 7, 2011 and Council/Manager 3-13 Meeting - June 14, 2011 B. Approval of Check Register 1. City 14 2. Housing and Redevelopment Authority 15 C. Licenses: 1. Solicitor's License - Drew Staplet�n for Southwestern Advantage Library 16-18 2. Solicitor's License - Mark Chasin for The Window Store Home Improvements, 19-21 Inc. D. Minutes of Boards and Commissions: 1. Planning Commission - June 27, 2011 22-27 2. Board of Zoning Appeals - June 28, 2011 28-32 3. Environmental Commission - May 23, 2011 33-34 4. ppen Space and Recreation Gommission - June 27, 2011 35 5. Bassett Creek Watershed Management Commission - June 16, 2A11 36-49 E. Bids and Quotes: 1. Park Shelter and Golf Maintenance Building Projects - Quote 50-51 2. Brookview �enter Retainin� Wall and Patio Replacement - Quotes 52-54 F. Board/Commission Appointments 55 G. Acceptance of Donation to Senior Program - Friends of Leona Lev 11-37 56-57 H. Authorization to Sign 2011 Minnesota Department of Transpertation Community 58-69 Roadside Landscaping Partnership Program Agreement for Highway 55 Lilac Planting 11-38 I. Approval of One Year Extension for Filing of Plat for 100 Brunswick Avenue North 70-72 J. Receipt of June 2011 Financial Reports 73-80 K. Approval of Requests for �eer and/or Wine at Brookview Park 81-82 L. Authorization to Sign Agreement with CNA for Group Long Terrr� Care Plan $3 Enhancements M. Authorization to Sign Master Program Sales Agreement Amendment with 84-86 HealthPartners for Employee Assistance Program 4. PUBLIC HEARINGS 7 PM A. Continued Public Hearing - Ordinance #459 -Amending Section 11.23: Medium 87-95 Density Residential Zoning District (R-3) Regarding Allowing Senior and Physical Disability Housing as a Conditional Use B. Continued Public Hearing - Ordinance #466 -Approval of Conditional Use Permit 96-116 #119 - Amendment#2 - 800 Boone Avenue North - DRAM Properties, LLC, Applicant 5. OLD BUSINESS 6. NEW BUSINESS A. On-Sale and Sunday Sale Liquor License Renewal - Webb Golden Valley LLC d/b/a 117 Good Day Cafe B. Announcements of Meetings C. Mayor and Council Communications 7. ADJOURNMENT Regular Meeting of the City Council June 7, 2011 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of � Golden Valley, Hennepin County, Minnesota was held at 7800 Golden Valley Road in said City on June 7, 2011 at 6:30 pm. The following members were present: Freiberg, Loomis, Pentel, Scanlon and Shaffer. Also present were: Thomas Burt, City Manager; Jeannine Clancy, Director of Public V1/orks; Allen Barnard, City Attorney; and Judy Nally, Administrative Assistant. Board/Comrv�ission Oath of Office and Presentation of Certificate of Appointment Mayor Loomis stated that Jason Boudreau Landis, Board of Zoning Appeals member was unable to attend. Approval of Aqenda MOVED by Pentel, seconded by Scanlon and motion carried unanimously to approve the agenda of June 7, 2011 as submitted. Approval of Consent Aaenda MOVED by Scanlon, seconded by Pentel and motion carried unanimously to approve the consent agenda of June 7, 2011 as submitted. *Approval of Minutes - Citv Council Meetinq - Council/Manaaer Meetin,q -April 12, 2011 MOVED by Scanlon, seconded by Pentel and motion carried unanimously to receive and file the Council/Manager Meeting minutes of April 12, 2011 as submitted. *Approval of Check Reqister MOVED by Scanlon, seconded by Pentel and motion carried unanimously to authorize the payment of the City and Housing and Redevelopment Authority bills as submitted. *Solicitor's License - Brand Companv Inc. MOVED by Scanlon, seconded by Pentel and motion carried unanimously to approve the solicitor's license for Brand Company Inc. *Solicitor's License -Associated Construction Inc. MOVED by Scanlon, seconded by Pentel and motion carried unanimously to approve the solicitor's license for Associated Construction Inc. Regular Meeting of the City Council June 7, 2011 Page 2 *Gamblina License Application to Conduct Excluded Binuo - Sons of the American Leqion Post 523 MOVED by Scanlon, seconded by Pentel and motion carried unanimously to approve the gambling license application to conduct excluded bingo for Sons of the American Legion Post#523. *Minutes of Boards and Commissions MOVED by Scanlon, seconded by Pentel and motion carried unanimously to receive and file the minutes as follows: Environmental Commission -April 25, 2011 Envision Connection Project Board of Directors - March 17, 2011 Joint Water Commission - May 4, 2011 Bassett Creek Watershed Management Commission -April 21, 2011 '"Street Stripina and Markinqs - Quotes MOVED by Scanlon, seconded by Pentel and motion carried unanimously to award the bid for street striping and markings to the lowest responsible bidder, Highway Technologies, Inc. for $58,772. The bids are as follows; Highway Technologies, Inc. $58,772 AAA Striping Service Co. $81,432 *Authorization to Siqn Grant Agreement with Metroaolitan Council for Reimbursement of Sanitarv Sewer Related Improvements Council Member Pentel had questions about recouping some of the city costs for improvements to the sanitary sewer system. Jeannine Clancy answered questions from the Council. MOVED by Pentel, seconded by Shaffer and motion carried unanimously to authorize the Mayor and City Manager sign the grant agreement with the Metropolitan Council for reimbursement of$182,352 in sanitary sewer related improvements completed in the 2010 and 2011 Pavement Management Projects. Regular Meeting of the City Council June 7, 2011 Page 3 *Authorization to Sictn Joint Powers Aqreements with Minnesota Bureau of Criminal Apprehension (BCA) for Access to Criminal Justice Data Communications Network C( JDNI Member Scanlon introduced the following resolution and moved its adoption: RESOLUTION 11-24 RESOLUTION APPROVING STATE OF MINNESOTA JOINT POWERS AGREEMENTS WITH THE CITY OF GOLDEN VALLEY ON BEHALF OF ITS CITY ATTORNEY AND POLICE DEPARTMENT FOR USE OF CRIMINAL JUSTICE DATA COMMUNICATIONS NETWORlC The motion for the adoption of the foregoing resolution was seconded by Member Pentel and upon a vote being taken thereon, the following voted in favor thereof: Freiberg, Loomis, Pentel, Scanlon and Shaffer; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and her signature attested by the City Clerk. *Receipt of April 2011 Financial Reports MOVED by Scanlon, seconded by Pentel and motion carried unanimously to receive and file the April 2011 Financial Reports. *Authorizina 2011 Application to Minnesota Department of Transportation Communitv Roadside Landscaping Partnership Proqram for Hiqhwav 55 Lilac Plantinq Member Scanlon introduced the following resolution and moved its adoption: RESOLUTION 11-25 RESOLUTION AUTHORIZING 2011 APPLICATION TO MINNESOTA DEPARTMENT OF TRANSPORTATION COMMUNITY ROADSIDE LANDSCAPING PARTNERSHIP PROGRAM FOR HIGHWAY 55 LILAC PLANTING The motion for the adoption of the foregoing resolution was seconded by Member Pentel and upon a vote being taken thereon, the following voted in favor thereof: Freiberg, Loomis, Pentel, Scanlon and Shaffer; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and her signature attested by the City Clerk. Regular Meeting of the City Council June 7, 2011 Page 4 Public Hearinq - Sanitarv Sewer Easement Vacations - 6210 and 6224 Wavzata Boulevard Jeannine Clancy introduced the agenda item and answered questions from the Council. The Mayor opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. Hearing and seeing no one the Mayor closed the public hearing. Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 11-26 RESOLUTlON VACATING A SANITARY SEWER EASEMENT AT 6210 AND 6224 WAY7JaTA BOULEVARD The motion for the adoption of the foregoing resolution was seconded by Member Scanlon and upon a vote being taken thereon, the following voted in favor thereof: Freiberg, Loomis, Pentel, Scanlon and Shaffer; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and her signature attested by the City Clerk. Public Hearinq -Amendment to the Comprehensive Plan's General Land Use Plan Map - Chanqe from Light Industrial to Medium-Hiqh Densitv Residential - 9110 Golden Vallev Road Mark Grimes, Director of Planning and Development, introduced the agenda item and answered questions from the Council. Chuck Segelbaum presented the Planning Commission report and answered questions from the Council. The Mayor opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. Hearing and seeing no one the Mayor closed the public hearing. Member Pentel introduced the following resolution and rnoved its adoption: RESOLUTION 11-27 RESOLUTION FOR AMENDMENT �O THE COMPREHENSIVE PLAN'S GENERAL LAND USE PLAN MAP RESPECTING PROPERTY LOCATED AT 9110 GOLDEN VALLEY ROAD Regular Meeting of the City Council June 7, 2011 Page 5 Public Hearinq -Amendment to the Comprehensive Plan's General Land Use Plan Map - Chanqe from Liaht Industrial to Medium-Hicth Densiiv Residential - 9110 Golden Valley Road - Continued The motion for the adoption of the foregoing resolution was seconded by Member Freiberg and upon a vote being taken thereon, the following voted in favor thereof: Freiberg, Loomis, Pentel, Scanlon and Shaffer; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and her signature attested by the City Clerk. Public Hearinq -Amendment to the Comprehensive Plan's General Land Use Plan Map - Chanqe from Medium-Low Residential to Office - 2040 Douqlas Drive Mark Grimes, Director of Planning and Development, introduced the agenda item and answered questions from the Council. Chuck Segelbaum presented the Planning Commission report and answered questions from the Council. The Mayor opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. Barry Eide, 2040 Douglas Drive North, reviewed the uses in the general area, Honeywell, SuperAmerica, and Jehovah's Witnesses Church, stated he lets neighbors and the church use his parking lot during non-office weekends, stated the children in the area play in his parking lot, stated he has made a lot of improvements to the property after he purchased it and would like to see the property designated as office. The Mayor closed the public hearing. Member Shaffer introduced the following resolution and moved its adoption: RESOLUTION 11-28 RESOLUTION FOR AMENDMENT TO THE COMPREHENSIVE PLAN'S GENERAL LAND USE PLAN MAP RESPECTING PROPERTV LOCATED AT 2040 DOUGLAS DRIVE The motion for the adoption of the foregoing resolution was seconded by Member Freiberg and upon a vote being taken thereon, the following voted in favor thereof: Freiberg, Loomis, Pentel, Scanlon and Shaffer; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and her signature attested by the City Clerk. Regular Meeting of the City Council June 7, 2011 Page 6 Public Hearina -Amendment to the Comprehensive Plan's General Land Use Plan Map - Change from Hiqh Densitv Residential to Medium-Hicth Density - 1100, 1170, 1200 and 1300 Douqlas Drive and 6200 and 6212 Golden Vallev Road Mark Grimes, Director of Planning and Development, introduced the agenda item and answered questions from the Council. Chuck Segelbaum presented the Planning Commission report and answered questions from the Council. The Mayor opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. Hearing and seeing no one the Mayor closed the public hearing. Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 11-29 RESOLUTION FOR AMENDMENT TO THE COMPREHENSIVE PLAN'S GENERAL LAND USE PLAN MAP RESPECTING PROPERTY LOCATED AT 1100, 1170, 1200 AND 1300 DOUGLAS DRIVE AND 6200 AND 6212 GOLDEN VALLEY ROAD The motion for the adoption of the foregoing resolution was seconded by Member Shaffer and upon a vote being taken thereon, the following voted in favor thereof: Loomis, Pentel, Scanlon and Shaffer; and the following voted against the same: Freiberg, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and her signature attested by the City Clerk. Public Hearinct -Amendment to the Comprehensive Plan's General Land Use Plan Map - Chanqe from Medium-Hicth Densitv Residential to Low Densitv Residential - 5635 and 5701 Glenwood Avenue Mark Grimes, Director of Planning and Development, introduced the agenda item and answered questions from the Council. Chuck Segelbaum presented the Planning Commission report and answered questions from the Council. The Mayor opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. Hearing and seeing no one the Mayor closed the public hearing. Regular Meeting of the City Council June 7, 2011 Page 7 Public Hearinq -Amendment to the Comprehensive Plan's General Land Use Plan Map - Chanae from Medium-Hiqh Densifiv Residential to Low Densitv Residential - 5635 and 5701 Glenwood Avenue - Continued Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 11-30 RESOLUTION FOR AMENDMENT TO THE COMPREHENSIVE PLAN'S GENERAL LAND USE PLAN MAP RESPECTING PROPERTIES LOCATED AT 5635 AND 5701 GLENWOOD AVENUE The motion for the adoption of the foregoing resolution was seconded by Member Freiberg and upon a vote being taken thereon, the following voted in favor thereof: Freiberg, Loomis, Pentel, Scanlon and Shaffer; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and her signature attested by the City Clerk. On-Sale, Off-Sale, Sundav Sale, Club, Wine On-Sale and Non-Intoxicatina Malt Liquor License Renewals Stacy Altonen, Police Chief, introduced the agenda item and answered questions from the Council. MOVED by Pentel, seconded by Scanlon and motion carried unanimously to approve the renewal of the respective liquor licenses for the applicants listed above for the 2011-2012 license term. Off-Sa/e Byerly Beverages, Inc. d/b/a Byerly's Wine & Spirits Golden Valley Liquor Barrel, Inc. d/b/a Golden Valley Liquor Barrel Ha Tien Liquor, Inc. d/b/a MGM Liquor Warehouse Adelemor, Inc. d/b/a United Liquors #2 JTJ Enterprises, LLC d/b/a Lakeridge Wine & Spirits Off-Sale/ On-Sale and Sunday Sale RZMP Corporation d/b/a Schuller's Tavern On-Sale and Sunday Sale D'Amico Catering, LLC d/b/a Metropolitan Ballroom and Clubroam GMRI, Inc. d/b/a Red Lobster The Samurai, Inc. d/b/a Benihana Golden Valley Country Club Inc. tl/b/a Golden Valley Country Club Chipotle Mexican Grill/Colorado LLC d/b/a Chipotle Mexican Grill Scoreboard, Inc. d/b/a J.J.'s Clubhouse Cliff Corporation d/b/a Doolittles Prom Management Group, Inc. d/b/a Prom Catering Teresa's LLC d/b/a Teresa's Mexican Restaurant Regular Meeting of the City Council June 7, 2011 Page 8 On-Sale, Off-Sale, Sundav Sale, Club, Wine On-Sale and Non-Intoxicatinq Malt Lictuor License Renewals - Continued Club On-Sa/e and Sunday Sa/e Chester Bird American Legion Post#523 Golden Valley VFW Post#7051 Wine On-Sa/e (including strong beer) and Non-Intoxicating Ma/t Liquor D'Amico and Sons, Inc. d/b/a D'Amico and Sons The Noodle Shop Co. Colorado Inc. d/b/a Noodles & Company Smashburger Acquisition-Minneapolis, LLC d/b/a Smashburger Buon Amico Inc. d/b/a Piazza's Ristorante Nong's Thai Cuisine LLC d/b/a Nong's Thai Cuisine Approval of Plat -Venture Bank Member Shaffer introduced the following resolution and moved its adoption: RESOLUTION 11-30 RESOLUTION FOR APPROVAL OF PLAT -VENTURE BANK The motion for the adoption of the foregoing resolution was seconded by Member Freiberg and upon a vote being taken thereon, the following voted in favor thereof: Freiberg, Loomis, Pentel, Scanlon and Shaffer; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and her signature attested by the City Clerk. Announcements of Meetinqs A Concert in the Park featuring Golden Valley Orchestra will be held on June 13, 2011 at 7 pm at Brookview Park. A Bassett Creek Regional Trail Master Plan Open House will be held on June 14, 2011 from 4 to 7 pm at the Crystal City Hall. The next Council/Manager meeting is June 14, 2011 at 6:30 pm. A Botinueau Boulevard Open House will be held on June 14, 2011 from 6:30 to 8:30 pm at the Courage Center. The Fire and Police Open House is June 15, 2011 from 6 to 8 pm at all Police/Fire buildings. A Bassett Creek Watershed Management Commission meeting will be held on June 16, 2011 at 11:30 am. Regular Meeting of the City Council June 7, 2011 Page 9 Announcements of Meetinqs - Continued A Concert in the Park featuring Robbinsdale City Band will be held on June 16, 2011 at 7 pm at Brookview Park. The Fire Department Street Dance is June 18, 2011 at the American Legion from 4 pm to midnight. The Golden Valley Historical Society Antique Road Show will be held on June 19, 2011 at 1 pm at The Heathers Estate. A Concert in the Park featuring Celebration Brass will be held on June 20, 2011 at 7 pm at Brookview Park. The next City Council meeting is June 21, 2011 at 6:30 pm. Mayor and Council Communications Council Member Freiberg stated he had received a request from a Commission Member to support her appointment to the Metropolitan Parks and Open Space Commission. Mayor Loomis stated she sent a letter in support of the appointment and stated any Council Member who wished too could also send a letter of support. Adiournment The Mayor adjourned the meeting at 7:46 p.m. Linda R. Loomis, Mayor ATTEST: Judy Nally, Administrative Assistant Council/Manager Meeting Minutes June 14, 2011 Present: Mayor Loomis and Council Members, Freiberg, Pentel, Scanlon and Shaffer, City Manager Tom Burt, Finance Director Sue Virnig, Police Chief Stacy Altonen, Director of Public Works Jeannine Clancy, Chief of Fire and Inspection Services Mark Kuhnly, Director of Planning and Development Mark Grimes, Battalion Chief John Crelly, Battalion Chief Tim Gerrits and Administrative Assistant Lisa Wittman. The meeting began at 6:30 pm in the Council Conference Room. Request to Permit Cavalia Show Mark Grimes explained that staff was approached by St. Louis Park staff about the possibility of using the undeveloped Duke office site for a Cirque de Soleil type of show called Calvlia. He introduced Ann Dubois, a representative of Cavalia who showed the Council a short video explaining the show. Grimes stated that staff is seeking direction from the Council on the following issues: whether they would like to allow Cavalia to operate at this site, allowing Cavalia to either submit a Conditional Use Permit application or amending the language in the City Code to allow for temporary uses and if Golden Valley should enter into a joint powers agreement with St. Louis Park for permits and operation control for the Cavalia operation. Grimes explained that staff has had preliminary discussions with St. Louis Park about addressing traffic control, police and fire operations and sanitary sewer capacity, among other issues, through a Joint Powers Agreement that would delegate these responsibilities to St. Louis Park if the use is permitted. After discussion the Council consensus was to proceed with amending the City Code language to allow for temporary uses and to work on a joint powers agreement with St. Louis Park if the use is permitted. May Tornado Damage Update Mark Kuhnly discussed the tornado that occurred on May 22 and stated that Battalion Chiefs John Crelly and Tim Gerrits were in attendance to provide more information. John Crelly showed the Council a PowerPoint presentation that illustrated the time chronology of the day's storm, the path of the storm and the damage it caused. Jeannine Clancy gave an overview of the Public Works role in clearing streets in Golden Valley and in Minneapolis. Mark Kuhnly referred to a map of the Hennepin County Siren Zones and noted that one siren in Golden Valley did not sound because of a power outage. He suggested that the Council may want to consider installing a battery back-up on the City's sirens in the future. He stated that he will be attending a meeting regarding FEMA's damage assessment to determine if this storm damage will qualify for federal grants and funds. The Council thanked staff for their quick response and hard work. Implementation of Voluntary Standard Measures Program Set by Council on Local Results and Innovation Sue Virnig reminded the Council that at their February Council/Manager meeting they received information from the Council on Local Results and Innovation and the Standard Measures Program. At that time the City Council consensus was to wait for the final report from the State Legislature. The final report has now been issued so now staff is looking for direction on whether the Council would like to participate in this voluntary program. Council/Manager Meeting Minutes June 14, 2011 — Page 2 The Council discussed various ways to be innovative and to measure the quality of service. After discussion the Council consensus was to not participate in the program at this point, but to perhaps opt in at some point in the future. Human Rights Commission Status Stacy Altonen stated that the Human Rights Commission is down to two members and over the past couple years there have been very few applicants who have applied to serve on the Commission. She noted that there is also a long record of cancelled meetings due to the inability to maintain a quorum. She said she would like direction from the Council on how to move forward with this Commission. The Council agreed that human rights issues are very important and discussed possible ways to restructure this Commission including having fewer members, better defining their role, issues they would like the Commission to be working on and how to make the Commission more effective. After Council discussion Mayor Loomis stated she would contact the two remaining Commission members and discuss having them work with the City on organizing a community focus group to help decide what this Commission should be focusing on and how it could look in the future. Council Salaries Sue Virnig explained that the City Code provides for the Council to review and consider amending Mayor and Council salaries every two years. Staff prepared a survey of salaries of elected officials in other metropolitan cities. Due to the poor economy, the Council determined that it would not like to entertain salary increases this year. Sue Virnig stated that the Council will take formal action on the ordinance at the June 21, 2011 regular City Council meeting. The meeting adjourned at 8:15 pm. Lisa Wittman Administrative Assistant Of� P �/ P Finance 0 `V� V4 V 763-593-8013/763-593-8109(fax) Executive Summary For Action - Goiden Valley City Council Meeting August 3, 2011 Agenda Item 3. B. 1. Approval of City Check Register Prepared By Sue Virnig, Finance Director Summary Approval of check register for various vendor claims against the City of Golden Valley. Attachments Document sent via email. Recommended Action Motion to authorize the payment of the bills as submitted. of � ` :�11 � V Finance 763-593-8013/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting August 3, 2011 Agenda Item 3. B. 2. Approval of Housing and Redevelopment Authority Check Register Prepared By Sue Virnig, Finance Director Summary Approval of check register for various vendor claims against the Housing and Redevelopment Authority. Attachments Document sent via email. Recommended Action Motion to authorize the payment of the bills as submitted. fy � City Administration/Council O , �/� a, e 763-593-8002/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting August 3, 2011 Agenda Item 3. C. 1. Solicitor's License - Drew Stapleton for Southwestern Advantage Library Prepared By Judy Nally, 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 Drew Stapleton for Southwestern Advantage Library. 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: $ �C1• ()� 7800 Golden Valley Road Number of Persons: Golden Valley, MN 55427 Type of License: Peddler Solicitor (circle on �__ Enclose the sum of$�for�_(number) peddlers/solicitors as required by City Code of the City of Golden Valley and have complied with all the requirements of said Code necessary for obtaining this license. C ��-r.c.fJ�Q.f'� (Business or Individu I Name or Organization to be Licensed) -L F �fYe�t�c'ir- (MN Busin ss ID or FEIN (Federal ID) for Business Licenses) Define B�in�� (Corporation, Proprietorship, Partnership, Non-Profit, State of Incorporation or Individual) 9 l �� (Address) �� 5�� City, State and Zi Code) �7�J�( :p — . 2 � (Te epho e Number, including Area Code) NOW, THEREFORE, (� S hereby makes application for (Appl cant Name) period of `� / through 6/30/IZ , subject to the conditions and provisions of said City C � (Signature of App ic t/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): � Svu..��.v��n �l Uc,��. c�csre��s�l��e,�'�I l�a�-�S `� - �d� � �. Fr��l_�5 —�1 , c�r�� NOTE: If the products for sale are changed or modified, you must give the City complete information regarding such change or modification. List the names and addresses of EACH person who will be peddling or soliciting on behalf of said organization in the City, or, in the alternative, the name, address and telephone number or numbers where a responsible person of said organization will maintain a list of names and addresses of all persons engaged in peddling or soliciting in the City: °i�' �� . c� �. �r — v`e ��1�`L�� -�-e. �� (If more space is needed, attach additional sheets) STATE OF �J�I��S�) ) ss. COUNTY OF ��LI�� , of �ou-�'j 1,�1�s��n fl-ducn�r ye L,h��tr y (Officer/Ind idual) (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. Signature of pplica rincipal Officer) Subscribed and sworn to before me this - n�day of ; , 20 �� ' (� . � ` (Signature) . JUDITH A. NALLY �iwt��uc-� '' s�, ' w��au.a�.�s _ w�N+tiaM►n �� ;.!.�� p *� � lil ��,. ��, City Administration/Council o ' �� a, e 763-593-8002/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting August 3, 2011 Agenda Item 3. C. 2. Solicitor's License - Mark Chasin for The Window Store Home Improvements, Inc. Prepared By Judy Nally, 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 Mark Chasin for The Window Store Home Improvements, Inc. 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. PEDDLERISOLICITOR LICENSE APPLICATION TO: Golden Valley City Council Fee Paid: $ C� =n 7800 Golden Valley Road Number of Persons: Golden Valley, MN 55427 Type of License: Peddler Solicitor �� (circle one Enclose the sum of$ �� for l (number) peddlers/solicitors as required by City Code of the City of Golden Valley and have complied with all the requirements of said Code necessary for obtaining this license. c i/�t1 �i� � � C �'�. �� . (Busrness or Individual Name or Organization to be License /Y6 ��`�,.�G ��°7 (MN Business ID or FEIN (Federal ID)for Business Licenses) Define Business ��a��y�.� SZ (Corporation, Proprietorship, Partnership, Non-Profit, State of Incorporation or Individual) �� (Address) � � ity, State and Zip Code) � � /, v (Te ephone umber, including Area Code) NOW, THEREFORE, �� j� hereby makes application for (Applicant Name} period of through 6/30/� subject to the conditions and provisions of said a- City Code. � (Signature of pplicant/ rincipal 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): -�.-��'�� ,��'1�J�� u6[ �a,�,r�`�°��l 41� � �Y�� /�`� Si d t��G��1�o0��-�t�� b-�;�.�'e�•►�41�1�� 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 altemative, the name, address and telephone number or numbers where a responsible person of said organization will maintain a list of names and addresses of all persons engaged in peddling or soliciting in the City: __��f��.$,-��f� (If more space is needed, attach additional sheets) STATE OF � �"I"��'j ) ss. COUNTY OF ) � � �, �� G�� of �1 � I (O�cer/Individual) (Name of Organization) �f��, � being first duly sworn, depose and say that all the foregoing information is true to his/her � own knowledge except a$ to matters therein stated on information and belief, and as to such matters, he/she believes them to be true. ! � Sign ture of Applicant/Principal Officer) Subscribed and sworn to before me this ��s�day of ��y p 20 /� , � � L� � (Signature) � y�,rp4�H��'6Q RON VOSIKA � : ' . .' . � Notary Public � State of Minnesota �.� a My Commission Expires '��` January 31, 2015 Regular Meeting of the Golden Valley Planning Commission June 27, 2011 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 27, 2011. Chair Waldhauser called the meeting to order at 7 pm. Those present were Planning Commissioners Cera, Kisch, Kluchka, McCarty, Schmidgall, Segelbaum and Waldhauser. Also present was Director of Planning and Development Mark Grimes and Administrative Assistant Lisa Wittman. 1. Approval of Minutes June 13, 2011 Regular Planning Commission Meeting Kisch referred to the first sentence in the first paragraph on page 2 and stated that he would like the words "occupancy load" changed to "maximum number of clients the daycare facility can be licensed for". Kisch referred to the first sentence in the first paragraph on page 3 and stated that he would like the sentence clarified to ask if the client load increases would the number of parties also increase. Waldhauser referred to the fifth paragraph on page 3 and stated that she would like the sentence clarified that she wanted to know the applicant's plans for screening the dumpsters. MOVED by Schmidgall, seconded by Cera and motion carried unanimously to approve the June 13, 2011 minutes with the above noted changes. 2. Informal Public Hearing —Conditional Use Permit Amendment— 1930 Douglas Drive - CU 42-03 Amendment#2 Applicant: Northern Tier Retail, LLC (SuperAmerica) Addresses: 1930 Douglas Drive Purpose: To allow the existing SuperAmerica store to remain open for business 24 hours per day. The property is located in the Commercial zoning district. Grimes explained the applicant's request to amend their existing Conditional Use Permit (CUP) to remain open for business 24 hours per day rather than 6 am to 11 pm as their current CUP allows. He noted that in 1996 SuperAmerica came before the Planning Commission with the same request. At that time the Planning Commission tabled their request in order to allow SuperAmerica time to discuss the issues with the residents in the neighborhood. The 1996 proposal was ultimately withdrawn by the applicant. Minutes of the Golden Valley Planning Commission June 27, 2011 Page 2 Grimes referred to the site plan and photos of the property and discussed the following concerns he has regarding this proposal. He would like an acoustical engineer's report showing that noise from the loudspeakers cannot be heard at any of the property lines. He would like the applicant to ensure they are in compliance with the City's sign ordinance and he would like a lighting plan submitted to ensure compliance with the City's lighting ordinance. Waldhauser asked if the applicant has re-done the loudspeaker system since the last time they requested a CUP amendment. Grimes said no and noted that a condition in their existing CUP stated that there can be no use of the loudspeakers after 10 pm. Segelbaum asked about other gas stations in the area which may be open 24-hours. Waldhauser stated there is a 24-hour gas station at Hwy. 100 and Duluth near Byerlys. Grimes stated there is also a 24-hour SuperAmerica at I-394 and Louisiana. Schmidgall asked if the speaker system is a requirement of the Deputy Fire Marshal. Grimes said yes and explained that state law requires there to be a way for employees to communicate with people at the pumps. Kisch asked how this SuperAmerica fits in with the Douglas Drive Corridor Study. Grimes noted that SuperAmerica fit in with the study of the area and the study did assume there would be a retail use at this corner. Karla Bigham, Public Affairs Coordinator/Paralegal, Northern Tier Energy/SuperAmerica, referred to questions regarding the use of the loudspeakers. She stated that they would consider ceasing the use of the loudspeaker unless it is for an emergency. Cera suggested SuperAmerica have a neighborhood meeting similar to what was requested as a part of the 1996 proposal. Tracy Pink, District Manager, SuperAmerica, stated that he would be happy to meet with the neighbors. Bigham added that would also be happy to look at the lighting and sign ordinances to make sure they are in compliance. Kluchka asked the applicant's if they would consider making their gas pumps credit card only, all of the time. Bigham said they could consider doing that during the overnight hours. Kluchka added that he would also like to limit the use of television screens at the pumps. Pink said they currently have no plans to install television screens. Kisch suggested additional screening (fence or landscaping) along the east side of the site. Segelbaum asked the applicants if they have considered having the gas pumps available 24 hours per day, but not the store. Bigham said they have not had that discussion. Pink added that they would like to have someone on site in case of an emergency. Waldhauser opened the public hearing. Minutes of the Golden Vailey Planning Commission June 27, 2011 Page 3 Bob Parzyck, 2005 Brunswick Ave N, said his concern is noise. Not so much from the loudspeakers but from cars beeping when they are being locked. He added that nothing good happens after 11 pm. Leann Moss, 2020 Douglas Dr N, said she agrees the beeping cars are noisy. She said a lot of people walk through her yard and leave trash in her yard and she doesn't want more people and more trash in her yard. There is also a big light at the SuperAmerica store that shines in through her living room window. Paul Snodgrass, 2010 Douglas Dr N, said Golden Valley is nice and quiet at 11 pm and he wants to keep it that way. He said that adding trees and changing the lighting at SuperAmerica isn't going to stop the engine noise. He expressed concern about people sneaking around the neighborhood and said he is opposed to this request and would like to keep it the way it is. Marcel Lamour, 2000 Douglas Dr N, said he is the closest neighbor to SuperAmerica and he can hear the noise from the loudspeakers. He said he is worried about his house being robbed and he is against the proposal. Joseph Mastrian, 2101 Brunswick Ave N, said this isn't going to help traffic, the police are going to have to do more surveillance and there is no reason for SuperAmerica to be open later than 11 pm. Paul Snodgrass, 2010 Douglas Dr N, reiterated that changing the lighting and planting trees is not going to help the general roar. He added that he is also concerned that allowing SuperAmerica to be open 24 hours will draw people from Minneapolis. Seeing and hearing no one else wishing to speak, Waldhauser closed the public hearing. Kluchka suggested tabling the applicant's request to allow them time to have a neighborhood meeting. Commissioners Segelbaum, Cera and Kisch agreed that more time would allow the applicant to address the issues they've heard at this meeting and in the staff report. McCarty said that if SuperAmerica is willing to comply with the requirements there would not be a need to table their request. Schmidgall said he is inclined to recommend approval of the request with the condition that more screening be added. He said he feels the site could really be improved with better lighting, screening, fencing, etc. Waldhauser asked the applicants if they would like the Planning Commission to table their request, vote on their request or if they would like to withdraw their request. Bigham said their preference would be to meet with Mr. Grimes and decide from there if they would like to go forward with their request and/or a neighborhood meeting. MOVED by Kluchka, seconded by Cera and motion carried unanimously to table this request. Minutes of the Golden Valiey Pianning Commission June 27, 2011 Page 4 3. Continued Informal Public Hearing —Zoning Code Text Amendment— Amending Variance-Related Language in Section 11.90: Administration of City Code —ZO00-87 Applicant: City of Golden Valley Purpose: To amend the standards for granting variances due to recent legislation regarding "practical difficulties" Grimes reminded the Commission that this item was tabled at their last meeting. Since then language has been added to better define practical difficulties. Language has also been added to synchronize the approval and appeal process stating that a variance shall not be effective until 30 days after it is approved in order to allow an aggrieved party to appeal. Waldhauser asked if a 30-day appeal process is typical. Segelbaum said he believes the City of Minnetonka has a 15-day appeal process. He said he is in favor of having a waiting period, but feels 30 days is too long to make an applicant wait to start a project. Schmidgall said he feels the language proposed to the Commission at their last meeting was fine. He said that making an applicant wait 30 days after they've received a variance is onerous. Waldhauser agreed. Waldhauser opened the public hearing. Seeing and hearing no one wishing to speak, Waldhauser closed the public hearing. Kisch said he agrees with the language that was added to define practical difficulties, but he disagrees with adding a 30-day waiting period for the issuance of a variance because it is burdensome to the applicant. Waldhauser agreed. Cera suggested requiring a 7 to 10 day waiting period. McCarty said he is not in favor of making an applicant wait to start their project. He added that he liked the language in the proposed ordinance before it was amended. He referred to Subdivision 4(C)(3) on page 5 and said the terms "construction has commenced" and "orderly way" are ambiguous and need to be better defined. Kluchka said his questions and concerns from the last meeting have been addressed so he is in favor of recommending approval of the proposed language as it has been written. MOVED by Kisch, seconded by Kluchka to recommend approval of the proposed language minus the sentence in Subdivision C(2) which reads as follows: The final written Order of the Board of Zoning Appeals shall not be effective, nor any permits be granted thereon, until the later of the expiration of the thirty (30) days after the Order or, if appealed to the City Council, the Council's service of a written report of its findings and determinations. Minutes of the Golden Valley Planning Commission June 27, 2011 Page 5 MOVED by McCarty to amend the motion in order to strike the added language in Subdivision C(3) referring to "construction has commenced" and work is proceeding in an "orderly way", seconded by Kisch. Upon a roll call vote, the vote was as follows: Cera — No, Kisch —Yes, Kluchka — No, McCarty—Yes, Schmidgall —Yes, Segelbaum — No Waldhauser— No Waldhauser asked for a roll call vote regarding recommending approval of the original motion listed above (the motion before McCarty's amendment). Upon a roll call vote, the vote was as follows: Cera —Yes, Kisch —Yes, Kluchka—Yes, McCarty—Yes, Schmidgall —Yes, Segelbaum — No Waldhauser—Yes 4. Informal Public Hearing —Zoning Code Text Amendment—Adding Language to the Zoning Code regarding Temporary Uses —ZO00-88 Applicant: City of Golden Valley Purpose: To add language to the Zoning Code to allow for temporary uses Grimes explained that the current Zoning Code doesn't have a way to permit temporary uses so the City Council has asked the Planning Commission to consider adding language to the Zoning Code regarding temporary uses. He discussed a request the City recently received from Cavalia wanting to operate a large Cirque de Soleil-like event with horses. Waldhauser stated that smaller events might have a hard time meeting the proposed new requirements. Cera stated he liked the recycling component of the ordinance and suggested language regarding organic recovery be added as well. Kisch questioned how the City would define which types of events or uses would fall within this ordinance. He added that the language allowing a use for 120 days seems excessive or arbitrary. Grimes said the Council could address these items and evaluate them to the degree they want. Segelbaum questioned if the proposed language gives the City broad enough discretion if there is a smaller event that would not require strict adherence to the requirements listed in the proposed ordinance. He also suggested adding language regarding reimbursement of City costs and resources. Grimes noted that the City does have the right to charge applicants for any costs the City incur. Grimes said the Council could amend the ordinance language in the future if there is something that needs to be changed. Kluchka asked about the price of a Temporary Use I'ermit. Grimes explained that all fees are determined in the City°s fee schedule which is set by Council. Minutes of the Golden Valley Planning Commission June 27, 2011 Page 6 Segelbaum asked if the Planning Commission would review future temporary use permit requests. Grimes said the Council could choose to have the Planning Commission review the requests. Kluchka suggested removing the language regarding events not exceeding 120 days so the City isn't limiting itself. Grimes agreed that the Council could decide what "temporary" means. Waldhauser opened the public hearing. Seeing and hearing no one wishing to comment, Waldhauser closed the public hearing. McCarty suggested changing the title of the ordinance to Temporary Events instead of Temporary Uses. The Commission consensus was to leave the title Temporary Uses but to remove the words "Carnivals, Festivals, etc." McCarty also suggested adding "farmers' markets" to the list of examples in Subdivision 2(A) and using the words "but not limited to" more consistently. Kluchka suggested adding language regarding the length of time for an event as criteria number 7 in Subdivision 2(A). MOVED by Cera to recommend approval, with the above noted additions/changes, to add language to the Zoning Code allowing for temporary uses. MOVED by McCarty to amend the motion to change the language in Subdivision 2(A) to read "The City Council may permit in any nonresidential use district for a temporary use such as carnivals, circuses, festivals but not adding "as established by the City Council" if a length of time criteria is established as number 7 in the requirements. Cera accepted the amendment to the motion, Kluchka seconded the motion and the motion carried unanimously. --Short Recess-- 5. Reports on Meetings of the Housing and Redevelopment Authority, City Council, Board of Zoning Appeals and other Meetings No reports were given. 6. Other Business No other business was discussed. 7. Adjournment The meeting was adjourned at 8:49 pm. David Cera, Secretary Minutes of a Regular Meeting of the , Golden Valley Board of Zoning Appeals June 28, 2011 A regular meeting of the Golden Valley Board of Zoning Appeals was held on Tuesday, June 28, 2011 at City Hall, 7800 Golden Valley Road, Golden Valley, Minnesota. Vice Chair Nelson cailed the meeting to order at 7 pm. Those present were Members Maxwell and Nelson, and Planning Commission Representatives Kisch and Segelbaum. Also present were City Planner Joe Hogeboom, Planning Intern Michael Simmons and Administrative Assistant Lisa Wittman. Planning Commissioner McCarty was absent. I. Approval of Minutes —August 24, 2010 Special Meeting and September 28, 2010 Regular Meeting MOVED by Segelbaum, seconded by Kisch and motion carried unanimously to approve the August 24, 2010 and September 28, 2010 minutes as submitted. Hogeboom discussed the variance legislation recently passed by the State. He stated that there are two notable changes from the way the Board considered variances in the past. One, staff does not make recommendations and finro; the Board is asked to make findings regarding their decisions. II. The Petitions are: 924 Adeline Lane (11-06-01) Jane McDonald Black and Archie Black, Applicants Request: Waiver from Section 11.65 Shoreland Management, Subd. 5(A) Zoning Provisions • 7 ft. off the required 75 ft. to a distance of 68 ft. at its closest point to Ordinary High Water Mark. Purpose: To allow for the construction of a new garage addition. Hogeboom explained the applicants' request to remove their existing 2-stall garage and replace it with a 3-stall garage because, according to the applicants, their existing garage is no longer structurally sound. He referred to a survey of the property and noted the that the proposed garage would be located 68 feet at its closest point to the �rdinary High Water Mark (OHWM) of Sweeney Lake rather than 75 feet as required by the Zoning Code. Hogeboom also noted that the front of the existing garage is located 20.5 feet from the front property line and explained that the City Council allowed the front yard setback for properties on this street to be 20 feet when the property was platted. Minutes of the Golden Valley Board of Zoning Appeals June 28, 2011 Page 2 Hogeboom added that the proposal was sent to the DNR for review, but they had no comments. Nelson noted that the proposed addition won't be any closer to the OHWM than the existing house and it will, in fact, follow the same plane as the house. Segelbaum asked about the front of the house along the cul-de-sac being only 10 feet from the property line. Hogeboom stated that a variance was granted from the front yard property line. Segelbaum noted that the DNR in reviewing past variance requests for this property stated that a 50-foot setback from the creek would be adequate. Hogeboom said that is correct. Jane McDonald-Black, Applicant, stated that has an engineer's report showing that their garage is not structurally sound. She stated that the neighbor's house to the north is only 30 feet from the OHWM. She showed the Board renderings of what the proposed addition would look like and stated that the third garage stall will be set back slightly and the addition will match the rest of the existing house. Kisch noted that there was a discrepancy between the dimensions of the garage shown on the plans versus the dimensions shown on the survey. Mark Peterson, Builder for the project, explained the dimensions of the proposed garage and stated that the back of the addition will be in alignment with the back of the existing home and will not be any closer to the OHWM than the requested 68 feet. Maxwell noted the application stated that the neighbors to the north were out of town until mid-June. He asked the applicant if she has since talked with them about the proposal. McDonald-Black said she has reviewed her plans with her neighbor and they fully support them. Nelson opened the public hearing. Seeing and hearing no one wishing to comment, Nelson closed the public hearing. Kisch said he doesn't think the proposal is unreasonable because the configuration of the lot leaves little buildable area, the applicant isn't requesting any additional variances and this house would still one of the furthest away from the lake. Nelson agreed and added that it will improve the look of the neighborhood. Segelbaum agreed and added that the need for the variance was not caused by the landowner and the proposed project won't negatively impact the neighborhood. Maxwell agreed. MOVED by Kisch, seconded by Maxwell and motion carried unanimously to approve the variance request for 7 ft. off the required 75 ft. to a distance of 68 ft. at its closest point to Ordinary High VVater Mark to allow for the construction of a new garage addition finding that the property owner is proposing to use the property in a reasonable manner, the configuration of the lot is unique and the proposed addition won't alter the character of the locality. Minutes of the Golden Valley Board of Zoning Appeals June 28, 2011 Page 3 1507 Kaltern Lane (11-06-02) Lar_ry Shapiro/Provident Real Estate, Applicant Request: Waiver from Section 11.21, Single Family Zoning District (R-1), Subd. 11(3)(b) Side Yard Setback Requirements • 4.6 ft. off the required 12.5 ft. to a distance of 7.9 ft. at its closest point to side yard (south) property line. Purpose: To allow for the construction of a new garage addition. Hogeboom referred to a survey of the property and discussed the applicant's request to construct a larger 2-stall garage into the side yard setback area. Segelbaum asked if the existing garage is going to remain and be expanded or if it will be demolished and rebuilt. Larry Shapiro/Provident Real Estate, Applicant, stated that they have made significant improvements to the property since they've owned it. He explained his proposal to repave the driveway, extend the existing garage approximately 5 '/z feet into the side yard setback, add a new door in the middle and an access door to the back yard. He showed the Board photos of the property and the area where the proposed new garage would be located. He added that the new garage won't impinge on the neighbor's view. Kisch noted there was a discrepancy in the garage dimensions shown on the survey versus what is shown on the plans. Shapiro discussed the interior dimensions of the proposed garage and said he would make sure the garage is built 7.9 feet away from the south property line as proposed. Segelbaum asked about the width of the proposed new driveway. Shapiro explained his intent to bring new concrete to edge of the new garage where there is currently asphalt. Nelson opened the public hearing. Seeing and hearing no one wishing to comment, Nelson closed the public hearing. Segelbaum said the applicant is doing a good job of balancing his plans with the requirements and not making the new garage too large which would negatively impact the neighboring property. MOVED by Segelbaum, seconded by Maxwell and motion carried unanimously to approve the variance request 4.6 ft. off the required 12.5 ft. to a distance of 7.9 ft. at its closest point to side yard (south) property line to allow for the construction of a garage addition finding that adding a 2-stall garage is a reasonable request, the current homeowner didn't create the circumstances and the addition positively impacts the neighboring property owners because cars will be able to be parked indoors. Minutes of the Golden Valley Board of Zoning Appeals June 28, 2011 Page 4 815 Zane Avenue North (11-06-03) Larrv Spears/Tennant Companv, Applicant Request: Waiver from Section 11.36, Industrial Zoning District, Subd. 6(A) Front Yard Setback Requirements • 17.25 ft. off the required 35 ft. to a distance of 17.75 ft. at its closest point to front yard (east) property line. Purpose: To allow for the expansion of the parking lot. Request: Waiver from Section 11.70, Off-Street Parking and Loading Regulations, Subd. 3 Minimum Number of Required Off-Street Parking Spaces • 36 parking spaces fewer the required 167 parking spaces for a total of 131 parking spaces Commissioner Segelbaum recused himself from the discussion and action of this item. Hogeboom explained that Tennant acquired this property and have turned it into a research and development/office use rather than the warehouse space is was previously. As a result of that, they are proposing to put parking stalls in the front setback area. They are also requesting to have 36 fewer parking spaces than required by the Zoning Code. Maxwell asked if the 131 parking spaces proposed would be an increase from what they currently have. Hogeboom said yes, and added that employees have been using the parking lot, also owned by Tennant, across the street. Maxwell noted that there was also a variance granted for parking when Tennant purchased the property. Michael Schroeder, LHB Corp., Representing the Applicant, gave a brief history of the property. He explained that the existing parking lot is deteriorating and needs to be replaced. There are also grade issues and structural deficiencies along with a number of other issues. He explained that there are currently 96 parking spaces so the plans proposed would be an improvement over what is there now. They are also planning to use landscaping to screen the parking in the front. Kisch asked about the distance from the edge of the existing parking lot to front property line. Schroeder said the edge of the parking Iot is right at the 35-foot setback. Kisch asked about the percentage of impervious surFace. Schroder said he did have that number available but explained that they are currently going through the approval process with the Bassett Creek Watershed district. He explained some of the mitigation efforts they will be doing including underground storage. Minutes of the Golden Valley Board of Zoning Appeals June 28, 2011 Page 5 Kisch said he feels shared parking on a campus setting is a good practice. Hogeboom agreed. Nelson opened the public hearing. Seeing and hearing no one wishing to comment, Nelson closed the public hearing. Kisch said this property is unique due to the size of the building. He said he is alright with the front yard variance request because of the other mitigation efforts and the landscaping being proposed. It also won't change the character of this industrial neighborhood. Maxwell agreed and said the property is proposed to be used in a reasonable manner. He agrees the circumstances are unique and the property is bound on two sides by railroad and it won't impact surrounding properties. MOVED by Maxwell, seconded by Kisch and motion carried unanimously to approve the following variance requests 17.25 ft. off the required 35 ft. to a distance of 17.75 ft. at its closest point to front yard (east) property line to allow for the expansion of the parking lot and 36 parking spaces fewer the required 167 parking spaces for a total of 131 parking spaces finding that the property is proposed to be used in a reasonable manner, the circumstances are unique to the property and the proposal won't impact surrounding properties. III. Other Business No other business was discussed. IV. Adjournment The meeting was adjourned at 8 pm. Nancy Nelson, Vice Chair Joe Hogeboom, Staff Liaison GOLDEN VALLEY ENVIRONMENTAL COMMISSION Regular Meeting Minutes May 23, 2011 Present: Commissioners, Baker, Gitelis, Hill, Stremel, Sunde; Jeannine Clancy, Director of Public Works; AI Lundstrom, Park Maintenance Supervisor; Joe Hogeboom, City Planner; Michael Simmons, Planning Intern; and Pat Schutrop, Administrative Assistant Absent: Commissioners Anderson and Pawluk 1. Call to Order Baker called the meeting to order at 7 pm. Introduction of New Member Baker introduced Paula Sunde. She is currently a Masters of Public Affairs candidate at the University of Minnesota with concentration in the areas of social and environmental justice. She moved to Golden Valley two years ago. 2. Approval of Reqular Meetinq Minutes —Auril 25, 2011 MOVED by Stremel, seconded by Gitelis, and the motion carried unanimously to approve the minutes of the April 25, 2011. 3. Residential Solid Waste and Recvclinq Studv Discussion regarding proposal to limit collection days — Staff researched the possibility of limiting the collections days to coincide with the recycling pick-up. Potential outcomes were discussed. The three remaining goals will be brought to a Council/Manager meeting at the same time. Licensing requirements — Staff contacted the haulers regarding the special services discussed last month and most of the haulers indicated they could meet the requests (detailed summary on file). Staff will ask the City Attorney for further clarification on electronics collection. Collection requirements —The Assistant City Attorney indicated that it is legal to require residents to contract with a solid waste hauler (memo on file). Staff will ask for further clarification on the meaning of"environmentally sound alternative waste removal". Staff will ask the haulers if they offer minimum service plans and the ability to suspend collection services. They will also ask what type of fuel they use. Status update on recycling contract negotiations - The City of Plymouth has been given direction from their council to work with Golden Valley and Minnetonka in negotiating a contract with Waste Management for recycling services. The cities are working with Wasfie Management on cost and the long term viability of bins vs. the cart program. Minutes of the Environmental Commission May 23, 2011 Page 2 of 2 The Communications Manager outlined in a memo (on file) the reasons why services offered by the haulers cannot be posted on the city website. Hogeboom will ask the Communications Manger if the licensing requirements discussed are adopted, if they could be listed on the website. The Commission asked Hogeboom to relay their disappointment that the Communications Manager did not attend the meeting so that the issue could be discussed. 4. Proctram/Pro�ect Updates A. TMDL— Brownie Lake has been de-listed from the impaired water list B. I/I — no update C. Private Development Update —summary on-file D. DeCola Ponds—The City Engineer prepared a memo to the Commission regarding the DeCola Ponds study (on-file). 5. Commission Member Council Reports None 6. Other Business Gitelis attended a "Zero Waste" seminar. She will be getting the presentations electronically and will make available to the rest of the commission. She also reported that the Fresh Water Society is looking for volunteers to help with community based cleanup activities. 7. Adiourn MOVED by Hill, seconded by Stremel, and the motion carried to adjourn. The meeting adjourned at 9 pm. The next scheduled meeting will be June 27, 2011 at 7 pm. GOLDEN VALLEY OPEN SPACE & RECREATION COMMISSION Regular Meeting Minutes June 27, 2011 1. Call to Order Sandler called the meeting to order at 5:30 p.m. 2. Roll Call Present: Roger Bergman, Brad Kadue, Emily Piper, Jerry Sandler, Dan Steinberg, Rick Jacobson, Director of Parks and Recreation; Bert Tracy, Public Works Maintenance Manager; AI Lundstrom, Park Supervisor and Sheila Van Sloun, Administrative Assistant. Absent: Kelly Kuebelbeck, Bob Mattison and Anne Saffert. 3. Aqenda Chanues or Additions None made. 4. Approval of Minutes —April 25, 2011 MOVED by Bergman and seconded by Piper to approve the April 25 meeting minutes. Motion carried unanimously. 5. Park and Open Space Tour The Open Space and Recreation Commission visited the following parks and open space areas: General Mills Nature Preserve, Golden Oaks Park, Lakeview Park, Golden Ridge Nature Area, General Mills Research Nature Area, Medley Park, Wesley Park, Hampshire Park, Wildwood Park/Olson School, Honeywell Little League Area, Sandburg Ball fields, St. Croix Park/Bassett Creek Trail, Scheid Park, Mary Hills Nature Area, Wirth Park, North Tyrol Park, Davis Community Center, Laurel Avenue Greenbelt, Lions Park, Western Avenue Marsh and Brookview Park. 6. Adiournment MOVED by Bergman and seconded by Steinberg to adjourn at 7:30 p.m. Motion carried unanimously. BCWMC June 16,2011,Meeting Minutes Bassett Creek Watershed 1VIanagement Commission Minutes of the Meeting of,Tune 16, 2011 1. CALL TO ORDER The Bassett Creek Watershed Management Commission(BCWMC)was called to order at 11:35 a.m.,on Thursday,June 16,2011,at Golden Valley City Hall by Chair Loomis.Ms.Herbert conducted roll call. Roll Call Crystal Commissioner Pauline Langsdorf Administrator Geaff Nash Golden Valley Linda Loomis,Chair Counsel Charlie LeFevere Medicine Lake Commissioner Ted Hoshal Engineer Karen Chandler Minneapolis Alternate Commissioner Lisa Goddard Recorder Amy Herbert Minnetonka Absent New Hope Alternate Commissioner A1 Sarvi Plymonth Commissioner Ginny Black,Vice Chair Robbinsdale Absent St.Louis Park Commissioner Jim de Lambert,Secretary Also present: Laura Adler,BCWMC Technical Advisory Committee,City of St.Louis Park Derek Asche,BCWMC Technical Advisory Committee, City of Plymouth Pat Byrne,BCWMC Technical Advisory Committee,City of Minneapolis Jeannine Clancy,BCWMC Technical Advisory Committee,City of Golden Valley Lois Eberhart,BCWMC Technical Advisory Committee,City of Minneapolis Christopher Gise,Watershed Resident Dave Hanson,Alternate Commissioner, City of Golden Valley Richard McCoy,BCWMC Technical Advisory Committee,City of Robbinsdale Jeff Oliver,BCWMC Technical Advisory Committee,City of Golden Valley Justin Riss,Alternate Commissioner,St.Louis Park Sandi Villarreal,Golden Valley Patch Andrea Weber,Minneapolis Park and Recreation Board Jeff Weiss,Barr Engineering Company 2.-APFROVAL OF AGENDA AND CONSENT AGENDA Chair Loomis amended the agenda to add an invoice for payment to the Lorenz Bus Service in the amount 1 BCWMC June 16,2011,Meeting Minutes of$431.25,an invoice to the Sun Newspapers in the amount of$297.44,an invoice to Shingle Creek Watershed in the amount of$869.75 for WMWA workshops,and an invoice to WMWA in the amount of $2,969.50.Commissioner Black moved to approve the Consent Agenda and the Agenda as amended.Acting Commissioner Goddard seconded the motion.The motion carried unanimouslv with seven votes in favor [Cities of Minnetonka and Robbinsdale absent from vote]. 3. CITIZEN'INPUT ON NON-AGENDA ITEM5 No Citizen Input on Non-agenda Items 4. ADMINTSTRATION Presentation of May 19,2011,Meeting Minutes.The meeting minutes were approved as part of the Consent Agenda. Presentation of Financial Statements.The June Fynancial Report was received and filed as part of the Consent Agenda. The general and construction account balances reported in the June 2011 Financial Report are as follows: Checking Account Balance $606,669.58 TOTAL GENERAL FUND BALANCE $606,669.58 Construction Account Cash Balance 2,886,513.85 Investment due 9/16/2015 512,059.83 TOTAL CONSTRUCTION ACCOUNT 3,398,573.68 BALANCE -Less: Reserved for CIP projects 4,865,112.45 Construction cash/investments available (1,466,538.7'n for projects Presentation of Invoices for Payment Approval. i. Kennedy& Graven—Legal Services through 4/30/11—invoice for the amount of$2,294.33. ii. Barr Engineering Company—Engineering Services through 4/29/11—invoice for the amount of $54,724.42. iri. Barr Engineering Company—Engineering Services through 5/27/11—invoice for the amount of $59,701.05. iv. Watershed Consulting,LLC—Geoff Nash Administrator Services through 5/31/11—invoice for the amount of$4,147.15. v. Amy Herbert—May Administrative Services—invoice for the amount of$3,485.71. vi. D'amico-ACE Catering—June BCWMC meeting catering—invoice for the amount of$215.89. vii. Finance& Commerce—Public Hearing Notice Publication—Public Communications—invoice for 2 BCWMC June 16,2011,Meeting Minutes the amount of$180.52. viii. State Register—Public Hearing Notice Publication—Public Communications—invoice for the amount of$96.00. ix. Lakeshore Weekly News—Public Hearing Notice Publication—Public Communications—invoice for the amount of$171.60. x. Shingle Creek Watershed—2011 WMWA Expenses—invoice for the amount of$869.75. xi. Lorenz Bus Service,Inc.—Bus Rental for 6/22/11 Watershed Tour—invoice for the amount of $431.25. xii. Sun Newspapers—Public Hearing Notice Publication—Public Communications—invoice for the amouat of$297.44. 1dii. WMWA—2011 WMWA Workshops—invoice for the amount of$2,969.50. Commissioner Langsdorf requested the removal of invoice�ii-WMWA since the WMWA workshop costs were be handled in the Shingle Creek invoice.Commissioner Black moved to approve payment of the twelve remaining invoices.Commissioner de Lambert seconded the motion.Bv call of roll the motion carried unanimouslv with seven votes in favor[Cities of Minnetonka and Robbinsdale absent from vote]. 4D.Authorize Staff to Send BCWMC Invoice to the City of Minneapolis for Engineering Services provided to the City for the 165 Glenwood Avenue Drainage Study.Ms.Chandler said that the City contacted the Commission Engineer because a permit applicant had contacted the City of Minneapolis regarding discharging runoff into the Tunnel.She said that the City wanted an analysis done before the applicant proceeded to the next permit step because the City wanted to make sure that the discharging would be ok.Ms. Chandler said that the City agreed to pay the Commission Engineer for the analysis work,which is similar,but much smaller in nature,to the analysis that the Commission Engineer did for the Twin's stadium.5he said that she is asking the Commission to approve sending the letter,included in the meeting packet,to the City under Sue Virnig's signature.She said that the invoice should be revised to include an additional charge of$145.00 for follow up work bringing the total of the invoice to$1,520.50. Chair Loomis asked if the Administrator would take care of the invoice.Ms.Chandler said that Barr Engineering would revise the invoice as described and forward it to Administrator Nash.Chair Loomis said that Administrator Nash would then get the invoice to Sue Virnig for signature and then would send the invoice to the City. Commissioner Black moved to approve the revision to the invoice and to send it to the City of Minneapolis. Commissioner Hoshal seconded the motion.Acting Commissioner Goddard asked for clarification on which Minneapolis Tunnel was part of the analysis.Ms.Chandler responded that it was the New Tunnel and commented that the Commission Engineer discovered that there would not be any impact and that the Commission would likely see the project come before the Board.The motion carried with seven votes in favor[Cities of Minnetonka and Robbinsdale absent from vote]. 5.PUBLIC HEARING Chair Loomis stated that the Commission is proposing to amend its Watershed Management Plan and is holding a public hearing as required for Plan amendments.She explained that the Commission is proposing to amend its Plan by adding three projects: � Restoration of the Main Stem of Bassett Creek from Irving Avenue North in Minneapolis to Golden Valley Road in Golden Valley in 2012. 3 BCWMC June 16,2011,Meeting Minutes • Modification of the Wirth Lake Outlet in 2012 � Construction of a pond at Lakeview Park within the Medicine Lake watershed in 2013. Restoration of the Main Stem of Bassett Creek from Irving Avenue North in Minneapolis to Golden Valley Road in Golden Valley in 2012: Ms.Chandler introduced Jeff Weiss from Barr Engineering Company to present the feasibility project on the restoration of the Main Stem of Bassett Creek.Mr.Weiss summarized that he would review the reach locations,the problems observed,the concept solutions,opinion costs,and next steps. Mr.Weiss,showing a PowerPoint presentation,explained that the project is located in the far eastern end of the Bassett Creek watershed and is almost entirely in the Theodore Wirth Park and Theodore Wirth Golf Course.He said that the Minneapolis Park and Recreation Board(MPRB)brought forth this restoration project because the MPRB wants to do renovations throughout the park and wants to coordinate efforts.Mr.Weiss said that Barr Engineering staff and MPRB staff walked through the park together to identify sites for the restoration. Mr.Weiss described the project's site one,the Fruen Mill site,and pointed out the crumbling WPA(Works Progress Administration)wall along the bank.He described the second site and showed a photo indicating signs of heavy foot traffic contributing to the erosion ia the site.Commissioner Black asked how the foot traffic issue would be addressed so that the restored bank doesn't end up eroded by foot tr�c in the same way.Mr.Weiss said that the final design plans could include designated wallflng areas or perhaps the MPRB would consider adding a�shing pier.Commissioner Black said that if it is a heavy fishing area people won't stop fishing at the spot.Ms. Chandler said that Barr Engineering could discuss the issue with the MPRB. Mr.Weiss described site 3 as a drawdown of the wetland area,site 4 as an eroded bank where the current is undercutting a tree,site 5 as a spot where a big oak tree is being undercut by the current,and site 6 as a large site with eroding bank adjacent to the park's walking trail.He said that at site 6 some rocks had been moved by people,which caused the water to undercut the bank at one spot.Mr.Weiss said that the last three sites are all on Theodore Wirth Golf Course and are very straightforward in terms of where the banks have erosion and wear and tear.He said that adding some buffer between the golf course and the creek would�dd extra stabilization. Mr.Weiss discussed possible structural-based and plant-based solutions.He said the Fruen Mill site is the only site that needs rip rap and said that rock vanes are proposed at two sites.Mr.Weiss said that plant- based treatments include live cutting,plant stakes,bio logs,and root wads. Mr.Weiss went through the opinion of costs table.Commissioner Black asked when the Commission would receive the cost estimate for use in determining what the Commission will request for its levy.Ms. Chandler responded that this number in the opinion of cost is what the Commission will use in calculating its levy request.She said that the City will get the final cost estimate when the project is going to be constructed and there are construction plans and specifications.Ms. Chandler said that the term feasibility-level opinion of cost describes where the project is at in terms of how de�ned it�s and that the project is in between the ballpark cost estimate and the fnal design/construction cost estimate. Mr.Wefss said that that the total opinion of cost for the project is$856,000,which includes the construction contingency and the design,permitting,and administration costs.He safd that the construction cost subtotal is just under$500,000.He added that the only location where there is concern for contaminat�on is the Fruen Mill site,which is also the only site for concern about possibly needing cultural or historical investigations.Mr.Weiss noted that costs for contamination remediation of approximately 50% of the soil at the Fruen Mill site and cultural and historical investigations at that site were assumed in the opinion of cost.He explained that the opinion of cost assumes no costs for construction easements since 4 BCWMC June 16,2011,Meeting Minutes the construction will occur on MPRB property.Mr.Weiss said that the tree replacement was assumed at two-to-one and the vegetation warranty was assumed to be a three-year contract. Mr.Weiss said that next steps would be for the Commission to take steps to finalize the feasibility report, distribute the final report,amend its Plan and send the levy request to the County and then the MPRB would undertake the project. Commissioner Black said that the construction contingency standard is 10% and asked why it is assumed at 20% for this project. Ms.Eberhart stated that as far as the soil contamination there was a transformer in that area that e�cperienced some vandalism last year but that the disturbance to the site was minimal so she is not terribly concerned abont extensive soil removal.She said that there may be a discussion raised by the Minnesota State Historical Preservation Office regarding the rip rap at site one so having a 20% contingency right now is comfortable because there may be some design changes at that site for that reason and also to address the fishing needs.Ms.Eberhart said that her understanding is that the Commission needs to or prefers to pass funds through a Commission member and she pointed out that the MPRB is not a member. She said the City of Minneapolis would be the fiduciary agent and would then hire the MPRB.Ms. Eberhart said that the City of Golden Valley is comfortable with the arrangement of the money flowing through the City of Minneapolis,even though some of the project is located in the City of Golden Valley, and the City of 1Vlinneapolis has a closer relationship to the MPRB.She said that if the Commission wants the money to go directly to the MPRB it would be fine with the City of Minneapolis. Commissioner Black said that 30°Io for design,administration,and permitting seems high especially given that the Resource Management Plan was supposed to help lower costs of permitting.Ms.Eberhart commented that hopefully some of the work in this project will be bioengineering,which is a more creative and time consuming process than usiag rip rap.She said that she thinks that at this point it is appropriate to have the higher contingency figure in the report,which is not meant to encourage too much work.Ms. Eberhart clarified that regarding permits there will need to be a construction easement at the private property,which is the Fruen Mill site,and the MPRB would issue perrruts for the work on MPRB property but without a fee,and she wasn't sure what other permits may be needed for the work on the creek.She added that it is more comfortable to have the cost figure higher than too low at this point. Commissioner Hoshal asked about whether the erosion control measures in the project would actually serve to just move the erosion problems to new sites.Mr.Weiss said no,not likely. Commissioner Hoshal asked if anyone had any knowledge of a historical site called the Sweeney Slaughterhouse along the creek in the early 19QOs.No one indicated any informahon about it. Mr.Asche said that the Minnesota Pollution Control Agency(MPCA)may be looking at wetland issues for their formal water qnality certification.He said one of the issues that the City of Plymouth has run into through the BCWMC is wetland mitigation required for some ponding.He said the wetland mitigation can go a conple of different directions depending on the type of project and can be an unanswered question for quite a while.Mr.Weiss said that this project wouldn't change any permanent ponding areas or any permanent water levels so the project wouldn't cause any permanent wetland impacts.He said that there would be the drawdown of the one wetland site but it would return to its normal water level.Mr.Weiss explained that the typical experience with streambank erosion projects are that they are self-mitigat�ng and often improve wetland habitat because of the sloped banks. Chair Loomis asked if the Commission evaluates its streambank restoration projects in terms of habitat and remarked on one of the proposed sites in the project where the stream will be widened to slow down the velocity of the waters and asked how that would impact the habitat for mussels,which require faster moving water.Mr.Weiss said that the base flow area of that site wouldn't really be impacted and instead the project wotild create more of a flood plain and the bulk of the f7ow would remain in the channel. Andrea Weber of the MPRB discussed that site and said that the MPRB would like to construct addit�onal access points on that section and possibly some fishing points as weA.Chair Loomis brought up the earlier discussion of the foot traffic on site two.Andrea Weber said that the area is a popular fishing spot and the 5 BCWMC June 16,2011,Meeting Minutes MPRB is looking into putting in�shing blocks to provide people with an opportunity to do that activity. She said the MPRB is still in a citizen's advisory phase but commented that in the case of a project such as this one where the MPRB is partnering with another group the MPRB will communicate to its Citizen Advisory Group that there are certain things that need to happen in the project in partnership. Chair Loomis commented that one of the erosion sites seems to have worse scouring due to people rearranging rocks in the creek and asked if the MPRB has plans to monitor the rock vanes after construction.Ms.Weber said that the MPRB would need to maintain the project once the construction and warranty are complete and it will be something that the MPRB will need to make sure its staff understands. Modification of the Wirth Lake Outlet Structure in 2012: Chair Loomis noted that this project is part of the Wirth Lake TMDL implementation project.Ms. Chandler displayed a PowerPoint presentation on the project location,goals and issues,alternatives, recomanended solutions,opinion of cost,and next steps. Ms. Chandler explafned that the outlet is on the northeast corner of Wirth Lake and f7ows a short d�stance before it heads into the Main Stem of Bassett Creek.She said that the project is the one and only implementabon project of the Wirth Lake TMDL study.Ms.Chandler explained that the project is to modify the outlet structure to prevent backf7ows coming into Wirth Lake from Bassett Creek.She said that the project would eliminate 55 pounds of phosphorous from flowing from the creek into the lake. Ms. Chandler said the project will replace the current timber outlet of the structure,will need to make sure there won't be any problems with the lake level or flood levels downstream,and will want to minimize the maintenance required.Ms.Chandler noted that the creek is typically one to two feet lower than the lake but that it only takes the creek to be at a level that is consistent with a two-year flooding event for the water to flow back into Wirth Lake. Ms.Chandler explained the four alternatives that were explored and provided information on the recommended solution of the replacement of the timber outlet with two rubber check valves.Ms.Chandler reported that the advantages to the rubber check valve solution include lower cost,reliability,low maintenance needs,and the fact that it would be the least visible option. She stated that the disadvantages include that access would be needed from the top and that something like lockable hatches would need to be constructed.She noted that the rubber check valves would also require a weir to be placed in from of the outlet structure to control the water level so it remains at its normal water level. Ms. Chandler said that the opinion of cost for the project is$180,000 and that the BCWMC received a $75,000 Clean Water Fund grant from the Minnesota Board of Water and Soil Resources(BWSR)for the project.She said that the Commission would need to take action on the feasibility study and that there would need to be an agreement between the City of Golden Valley and the MPRB for the City to do the construction on the site and for maintenance of the project. Mr.Asche asked'af there is any concern with the option regarding managing to get water out of Wirth Lake in the event oF an emergency.Ms.Chandler said that it is a good point and that if there is to be a gronnd overtlow that it should be designed as part of the project. Mr.Byrne asked if the project would reduce the total capacity and if the emergency overflow would be used at a different frequency.Ms.Chandler said it that Barr Engineering would need to look into it to find out the relative capacaty. Commissioner Black said that it looks like there may be a lot of foot traffic in the aaea of tlus project,too, and wondered if the design would accommodate for it.She said that it should be looked at during the project design and perhaps could be coordinated with the Main Stem praject's site two regarding design considerations for the foot traffic. Commissioner Hoshal displayed a mounted Bassett Creek walleye and spoke of the environmental 6 BCWMC June 16,2011,Meeting Minutes disconnect,the physical disconnect between the creek and the lake,wluch would occur if the rubber check valve solution is used.He asked that the feasibility report touch on the environmental disconnect and its potential impact and how it could be addressed. Mr.Oliver commented that Wirth Lake is part of the Minnesota Department of Natural Resources' (DNR) children's�shing program and is stocked regularly.He said that his inclination is that most of the fish present in the stream are rough�sh and it would improve the�shery of Wirth Lake by not allowing rough fish into the lake. Construction of a Pond at Lakeview Park in 2013: Chair Loomis said that this project is located in the Medicine Lake watershed and is on the implementation plan for the Medicine Lake TMDL.Ms. Chandler stated that the feasibility study was e- mailed to the Commission and is available in hard copy format today.She said that the study is the 2004 report prepared by Bonestroo and is accompanied by a letter written this month by the City of Golden Valley that updates the status of the feasibility study and the project.Ms.Chandler said that the project is slated for 2013 construction.She stated that she would present information about the project's location, problems,goals,what the proposed pond would do,opinion of cost,and conclusion. Ms. Chandler said that the project location is on the west side of the City of Golden Valley and close to Highway 169 and discharges into Plymouth and Medicine Lake.She described the site and said that the water quality-related concerns are that the watershed currently drains to Plymouth without any water quality treatment and that the watershed is fully developed,which means it doesn't offer many opportunities to add water quality treatment.Ms.Chandler said that the goals were to unprove how well the e�risting BMPs work downstream,to reduce the nutrient loading,to meet the Commission's Level I treatment standards,and to meet the City's goals of reducing the potential for flooding and providing an amenity in the park. Ms. Chandler provided details on the bene�t to Medicine Lake regarding the phosphorus removal that would be gained due to the pond.She said the pond would prevent 38% of total suspended solids and 23°Io of total phosphorous each year from entering Medicine Lake. She said that in 2004 the project cost estimate for constructing the pond was$146,000 but there were additional costs that the City faced regarding removal of asbestos-bonded sewer pipes.Ms.Chandler explained that at the time the City was looking at a slightly different location for the pond,which would have required the repositioning of sanitary sewer pipes.She said that those additional costs would have brought the project cost up to$417,000 and due to that high cost the project was not ordered to be built. She said the project cost has since come down to$196,000 because the City of Golden Valley will be using other funds to be make the sanitary sewer pipes water tight so that they won't need to be removed.She said the project cost includes the updated cost for the pond construction with allowance for inflation and some allowance in case some pipe may need to be moved. Ms. Chandler listed the project benefits as getting the needed additional water quality treatment for Medicine Lake,meeting Level I water quality treatment requirements,reducing the maintenance requirements downstream because it allows another place for sediments to settle out before heading down downstream,providing park amenfties,and avoiding utility removaU relocation.She mentioned that the project does not increase f]ooding issues in the area.She recommended that the Commission order the project for 2013 when the Commission gets to the point in the process of ordering projects. Chair Loomis stated that this is a public hearing and asked if anyone wanted to comment on the proposal to amend the BCWMC's Plan.Hearing no comments Chair Loomis closed the public hearing. Chafr Loomis said that staff is looking for direction to amend the Commiss�on's Watershed Management Plan to include the three projects presented today.Commissioner Black said that she doesn't have any problems with adding these projects to the Commission's Plan but that she is not in agreement with the 20% contingency and the 30% administration,design,and permitting costs. 7 BCWMC June 16,2011,Meeting Minutes Commissioner Black moved to amend the Commission's Watershed Management Plan to include the three projects presented and that she hopes that the Commission will receive more reasonable cost estimates for the contingency budget and the design,administration,and permitting costs.Acting Commissioner Goddard seconded the motion.Commissioner Black commented that she would like the Commission to go out for a Request for Proposals(RFP)for these projects.Chair Loomis said that typically the Commission contracts with a member city for the projects and the member cfty would go out for any RFPs.The mot�on carries with seven votes in favor[Cities of Minnetonka and Robbinsdale absent from vote]. 6.NEW BU5INES5 A. Discuss Capital Project Funding: i.Estimated Tax Levy Request for County Collection in 2012.Ms.Chandler said that the Commission needs to provide today to Hennepin County a number for the Commission's estimated maximum tax levy request for collection in 2012.She said the Commission could lower its request but couldn't raise it beyond this estimate.Ms.Chandler stated that the amount in the Commission's CIP reserve is getting veri�ed but is not available for today's discussion.She recommended that the Commission anticipate needing to use levied funds for the 2012 construction project costs and the Schaper Park Pond study. She said the total costs of the 2012 projects are$1,073,000.Ms. Chandler said the Commission could levy for the entire amount,or if the Commission would like to keep its levy request at the previously discussed 2012 amount of$935,000 then the Commission could split the costs for the Main Stem project over two years. Commissioner Langsdorf asked about the costs that the Commission already anticipates for 2013.Ms. Chandler reviewed with the Commission the CIP projects and the costs identified for 2013. Chair Loomis said that the Commission would need$1,073,000 less the$75,000 Clean Water Fund grant of $75,000 for the Wirth Y.ake Outlet Structure project,which would mean the Coanmission would need $998,000. Commissioner Black reiterated that she is looking for lower numbers for the construction contingency and the design,permitting,and administration costs on the projects and that if there aren't lower costs she'll be looking for justification of the costs. Commissioner Black moved for staff to communicate to Hennepin County that the Commission's ma�amum tax levy for collection in 2012 is$998,000.Commissioner Goddard seconded the motion.The motion carries with seven votes in favor[Cities of Minnetonka and Robbinsdale absent from vote]. Mr.Asche said that perhaps the Commission would want the TAC to discuss the feasibility costs so that a way could be worked out for the feasibility studies to have some itemized numbers for some of those costs described by Commissioner Black. Ms.Clancy agreed with Mr.Asche's suggestion and also commented that city council members may be used to seeing feasibility reports for project improvements that are at the 75% to 80% design level whereas here the Commission is seeing the reports at the 10% design level,which may be why there seems to be some discrepancy between the percentages for the contingencies and unfortunately the Commission needs to ask for money for the projects very early in the process. The motion carries with seven votes in favor[Cities of Minnetonka and Robbinsdale absent from vote]. B. Discuss Draft Feasibility Reports: Bassett Creek Main Stem Project; Wirth Lake Outlet Structure CIP Project; and,Lakeview Park Pond Ms. Chandler asked if the Commission wants to see the reports changed or presented again or if the Commission wants revisions or justification to the cost estimates. She reiterated that the numbers listed in 8 BCWMC June 16,2011,Meeting Minutes the reports are the numbers that the Commission will be working with until it has Fnal cost estimates during the design process.Commissioner Black asked if these numbers in the reports are the numbers that the Commission will use for its levy.Ms.Chandler said yes.Mr.LeFevere said that the Commission wouldn't need to change these feasibility reports but could include more information about the costs of the projects as part of its consideration process when it decides its final levy request amount in September.Mr. LeFevere said that the amount that the Commission levies is the amount that the Commission agrees to pay the cities for these projects.He said that the cities are required to cover cost overruns and the implementing cities are the ones who have the greatest interest in making sure they have enough contingency so that they are comfortable with moving forward.Acting Commissioner Goddard pointed out that if the project costs end up being less than the amount that is levied for the project then the remaining funds go into the CIP reserve and could be applied to the costs of the next year's capital projects,which would thereby reducing the levy for that year. Ms. Clancy agreed with Acting Commissioner Goddard's comments and stated that the cities and BCWMC staff have been aggressively seeking out other sources of funding for the construct�on projects. Acting Commissioner Goddard said that regarding the Wirth Lake report the Commission had questions about checking the outlet capacity and looking into emergency overflow.Commissioner Hoshal said he would like a paragraph added that addresses the disconnection that would be caused by the proposed valve.Ms.Chandler said the Commission also had a comment about addressing the foot traffic around the outlet.The Commission agreed that no changes needed to be made to the Main Stem feasibility study but directed Ms.Chandler to follow up with the MPRB regarding the foot traffic at site 2. Chair L.00mis asked what the cost savings would be between a two-year and three-year warranty on the vegetation in the Main Stem project and asked Barr Engineering to inveshgate. Ms. Chandler asked if the Commission wotild like to see an updated presentation on the Wirth Lake report next month.The Commission indicated yes. Acting Commissioner Goddard moved for staff to�nalize and distribute the feasibility studies. Commissioner Hoshal seconded the motion.The motion carries with seven votes in favor[Cities of Minnetonka and Robbinsdale absent from vote]. C. Minneapolis Park and Recreation Board Plans for the Beach at Twin Lake. Ms.Weber said that the MPRB is working with the Conservation Corps on invasive species removal along the banks on Twin Lake and that work will begin in mid-July.She said that some erosion controls such as bio-logs have already been installed.Ms.Weber said that the MPRB is also looking at emergency access route stabilization and is looking to secure the funding source for that work. She said that she believes the Conservation Corps will be hand-pulling the smaller plants and cutting and treating the larger. Chair Loomis said that at a previous meeting there were some concerns raised by a resident regarding the installation of erosion control measures on the banks.Ms.Weber said that she did inspect the control measures and that although the stakes were installed in the middle of the logs instead af at the ends she believed that the measures were installed appropriately.Ms. Clancy said that the MPRB did speak with the City of Golden Valley about the erosion control permits and that the MPRB was not required to have an erosion control permit and thanked Ms.Weber for going out and inspecting the erosion control measures on the s�te. [Acting Commissioner Sarvi departs the meeting.] 7. OLD BUSINESS A. Approve BCWMC's 2012 Operating Budget/Direct Distribution.Administrator Nash explained that the most recent revision of the budget was distributed today and that the change to the levy that was just discussed today by the Commission would need to be reflected in the budget sheet in the fnformation table on the budget.Administrator Nash said that he would finalize the budget and levy 9 BCWMC June 16,2011,Meeting Minutes descriptive document to match the revised operating budget and would get it to Chair Loomis for signature tomorrow.Commissioner Hoshal moved to approve the budget as presented.Commissioner LangsdorF seconded the motion.The motion carried with five votes in favor[City of Crystal,City of Golden Valley,City of Medicine Lake,City of Minneapolis,and City of St.Louis Park],one city against [City of Plymouth],and three cities absent[City of Minnetonka,City of New Hope,and City of Robbinsdale]. B.TAC Recommendations i.Electronic Data Collection of Surface Water Elevations.Administrator Nash summarized the TAC's discussion and said that the TAC would like staff to come back to a future TAC meeting with information on the uses of the data and suggestions as well as more details on how cities could act as partners to conduct some of the visual readings when they are out there on inspections.Commissioner Hoshal asked if the Commission could encourage lake associations to get involved with the data reading.Administrator Nash said that would be great as long as it could be done on a consistent basis and if he or anyone else knows of a group willing to do this then it could be set up. He said that another idea the TAC discussed is trying out the transducer technology on a couple of lakes in the watershed. Commissioner Black asked if the TAC is looking at getting more information about the use of the data before looking into buying transducers.Administrator Nash said that the TAC's questions would be answered to the TAC's satisfaction before any new equipment would be purchased or before modifying the monitoring program for 2012. Chair Loomis asked if this data would be useful for the proposed new XP-SWMM model.Ms.Chandler said that even the bi-weekly data would be helpful with the model and there would be better numbers using a transducer but the costs and benefits would need to be weighed. Commissioner Black moved that staff move forward and look into details of purchasing and installing one or two of the transducers. Commissioner de Lambert seconded the motion.The motion carried with six votes in favor[Cities of Minnetonka,New Hope,and Robbinsdale absent from vote].The Commission clarified that Administrator Nash would prepare the information for the TAC and that he could utilize the Commission Engineer at his discretion.Ms.Clancy added that the City of Golden Valley has a transducer installed on Bassett Creek and there may be some valuable lessons that could be shared. Commissioner Black said that it seems like it could be a direction to staff to look into partnering with the cities if they have someone available and to see if lake associations have volunteers interested in doing this type of data collection.Ms.Chandler commented that the TAC was also looking for general information on uses of the water level data and whether there would be a benefit to collecting the data one way or the other- manually or electronically. Ms. Clancy mentioned that the City of Golden Valley has a transducer installed on Bassett Creek that is monitored by its SCADA system.She said that she wanted the Commission to know that the City is already collecting water level data electronically and that there are some valuable lessons that could be shared. ii.BWMC and Member City Permit Review Procedures.Administrator Nash said that in light of the Commission's role as a categorical wasteload allocator Commissioner Welch suggested a possible new Commission policy that would trigger a review of smaller projects compared to the size of projects that currently are reviewed under BCWMC requirements. Ms. Chandler said that the TAC discussed decreasing the trigger for the erosion and sediment control review from the current trigger of 200 cubic yards to 50 cubic yards,as suggested by Commissioner Welch, or a 5,000 square foot land disturbance trigger instead of the Commission's current trigger of 10,000 square feet.She eacplained that the trigger would result in a review of water quality impacts of projects. Ms.Chandler said that the Commission's current triggers for its Level I treatment is a 0.5-acre development or a five-acre redevelopment for commercial and that the triggers are even larger for 10 BCWMC June 16,2011,Meeting Minutes residential development and redevelopment. Ms. Chandler said the TAC raised concerns that smaller triggers would lead to a large number of smaller Best Management Practices(BMPs)and the TAC was concerned about maintaining those small BMPS and getting enough bang for the buck in terms of getting the beneft compared to the work required by city staffs.She said that the TAC discussed an alternative to doing BMPs on these really small projects that would include doing regional BMPs to capture these smaller projects not captured in permitting.She said that another possibility discussed was that instead of such a dramatic decrease in the trigger points that perhaps a redevelopment trigger of one acre couid be discussed. Ms.Chandler said that the TAC discussed the different cities'triggers and the TAC thought that it might be valuable for the Commission to see that information. Ms.Chandler said the TAC also discussed the draft NPDES permit that was released two days before the TAC meeting.She said that the TAC voiced a lot of concerns about whether there would be enough requirements in the permit that the Commission shouldn't be requiring any more. She said that the TAC recommended: • That the Commission consider a one-acre or greater trigger for the Commission review of redevelopment projects; • That the Administrator compare the member-city triggers and report the information to the Commission at a future meeting; Mr.Asche said that the difficulties caused by setting the triggers too small are that there would be more reviews,more inspections,more agreements,and more follow-up.He said the TAC discussed the one-acre trigger due to the draft MS-4 permit but he said that the draft could change. Mr.Byrne commented that he thinks that Mr.Asche brought up to the TAC the idea of a one-acre trigger in order to address the Commission's concerns.Mr.Byrne said he didn't think that Mr.Asche was advocating a one-acre trigger.Mr.Byrne said that he recommends no change to the Commission's trigger. He said that there has been a question of whether the categorical wasteload allocator role means that the Commission would be on the hook with the MPCA for compliance and that he asked Mike Trojan of the MPCA this morning about how the MPCA will deal with categorical TMDLs.Mr.Byrne said that Mr. Trojan said that all of the responsibility will be on the individual MS4s.Mr.Byrne explained that the implementation plan is agreed upon in the TMDLs and the primary implementer will have in the implementation plan some sort of allocation of who does whak He said that the individual MS4s would have some idea of who will be responsible for what.Mr.Byrne said it is not the same as the old method where each MS4 has a wasteload allocated to them,He said now each MS4 has a job allocated to them.Mr. Byrne said that the MS4s need to document in their annual report their progress toward their job. iii.Water Quality Trading and Banking Programs.Administrator Nash said that the Commission Engineer noted that the Commission's current policies for water quality treatment and nondegradation allow increases in nutrient loading for new projects and for linear projects.He said that the TAC discussed whether the Commission would want to consider infiltration trading,meaning that if a permittee installs more stormwater infiltration than is required by the Commission's rules,the permittee could bank it or even sell it in the future. Ms.Chandler said that additionally there is another route that a couple of other watersheds have taken, which is that permittes who can't provide the necessary infiltration in their projects put money into a fund that pays for the watershed to construct a BMP project in an appropriate location.She said that TAC like the fdea but didn't reach a decision to encourage the Commission to adopt the"no phosphorous loading" for all projects policy that the Commission and TAC had been discussing. 11 BCWMC June 16,2011,Meeting Minutes Chair Loomis said that Mn/DOT was given its own load allocation in the Sweeney Lake TMDL and that she isn't sure how Mn/DOT would meet its allocation if there isn't something like the banking program in place. Commissioner Black said that the program sounds interesting but it needs to be fleshed out.She said that there would be costs involved to keep it updated and to monitor it so a cost estimate would be a necessary piece.Chair Loomis said that maybe the Commission could get information from Ramsey- Washington and Nine Mile Creek on how they are the dealing with the costs of monitoring the program. Commissioner Hoshal asked if there are any third-parties handling such programs.Ms.Chandler said that there is a group that has a water-quality trading concept being set up in the Sauk River Watershed and in the Minnesota River Watershed. Chair Loomis said the Commission directs staff to gather more information and to keep TAC apprised. Ms. Chandler said that this is a big issue and it would be helpful if the Commission would identify a specific qnestion or topic. Chair Loomis said that there is a gap in the Commission's policy for redevelopment and linear projects and that the Commission would like the TAC to address whether the Commission should look into changing its policy or whether the policy is fine the way it is.5he said additionally the Commission is looking for feedback on whether the Commission should inclnde linear projects in its policies.Chair Loomis said that the Commission is looking for�ndings to support why or why not and for alternatives for handling the linear projects. Chair Loomis said that the Commission also�s looking for more information on the banking concept.Commissioner Black asked Administrator Nash to e-mail out to the Commission the information that he had distributed to the TAC regarding the member-cities' triggers for permit reviews. iv.Discuss BCWMC's Annual CIP Review Timeline.Ms.Chandler said that the Commission Engineer recommends that the Commission conduct its annual CIP review earlier than its current annual review that occurs in January.She said that January starts to run up against timelines related to plan amendments and the annual tax levy request to the County.Ms. Chandler said the TAC was supportive of the idea of doing the review earlier since the cities do their planning earlier.She said the TAC recommended that the Commission conduct its annual CIP review in April.Ms.Chandler said the recommendation is that this year the Commission would adopt its CIP revisions for 2013 at the July BCWMC meeting and then starting next year the Commission would direct the TAC to conduct its review in April.5he said that the CIP would be a five-year CIP that is reviewed each year.She said that this schedule would mean that in 2012 the Commission would adopt its CIP for 2014—2018.Ms.Chandler said that the recommended schedule would provide the Commission with more time to prepare its feasibility studies and handle permitting as necessary.Ms.Black said that if this is the Commission's policy then it should be added to the Commission's policy manual. v.BCWMC's Draft 2012 Budget.Administrator Nash said that the TAC discussed the draft 2012 operating budget.He said that the only item that came out of the discussion was the desire from the TAC to see the Commission's various funds spelled out differently in the financial report.He said that he is looking for ideas on better ways to display the�nancial information. Chair Loomis said perhaps the Commission needs to put on its agenda a topic on how to read the Commission's financial reports.Administrator Nash said that the Commission could put it on the agenda and could ask Deputy Treasurer to come and e�cplain the reports to the Commission.Chair Loomis said perhaps she and the Administrator should set up some time during one of the Commission's upcoming meetings to have Sue Virnig to come and explain the financial reports. 8.COMMUNICATIONS 1B BCWMC June 16,2011,Meeting Minutes Chair: 1. Chair Loomis reported that she had received a newsletter from Wenck regarding mussel habitat and wondered if in the future the Commission would want to start considering improving mussel habitat as part of its stream restoration projects. 2. Chair Loomis said that there was a Sun-Post article about the plantings at Meadowbrook Elementary and that the BCWMC was mentioned regarding its involvement through the Commiss�on's educat�on grant program. 3. Chair Loomis stated that she received a request from a resident in Golden Valley for the Commission to ask the contractor who does the lawn service for the Hidden Lakes Homeowners Association for a list of the chemicals that the contractor uses on the lawns.She said that she isn't sure which chemicals the resident has concerns about since there is a state-wide ban on phosphorus. Commissioner Black said it is actually a restriction and Chair Loomis said yes,but contractors aren't allowed to use phosphorus on established lawn and the lawn in the Hidden Lakes area is established.Chair Loomis said that if the Commission was interested in making that request she would put it forward.No one indicated any interest. 4. Chair Loomis described a technology being investigated and soon to be tested by the City of Golden Valley in their environmental manholes. Administrator: 1. Administrator Nash announced that staff at Barr Engineering,himself,and Ron Leaf of SEH have worked with Brooke Asleson of the MPCA to provide the content for responses to comments on the Sweeney Lake TMDL.He said that those letters went out last week to the people who provided comments.He said that the�nal changes are being made to the Sweeney Lake TMDL and he asked Barr Engineering to review the fnal changes made by SEH.Administrator Nash said that all final revisions would be done by next Friday and that the MPCA would then send it to the U.S. Environmental Protection Agency. [Acting Commissioner Goddard departs the meeting.] Commissioners: 1. Commissioner Hoshal said that he attended the Bassett Creek Regional Trail open house put on by the Three Rivers Park District on June 14`h. Committees: 1. Commissioner Langsdorf introduced Resolution 11-04"A Resolution of Appreciation for the Services of Stuart Stockhaus"and Resolution 11-05"A Resolution of Appreciation for the Services of Bonnie Harper-Lore."Chair Loomis moved to adopt Resolution 11-04 and Resolution 11-05. Commissioner Langsdorf seconded the mot�on.The motion carried with five votes in favor[Cities of Minneapolis,Minnetonka,New Hope,and Robbinsdale absent from vote]. 2. Commissioner Langsdorf said that the BCWMC's Education and Public Outreach Committee has submitted a memo to the Budget Committee for its consideration of the idea that the Administrator would provide assistance to the Education Committee. 3. Commissioner Langsdorf provided an update on the May 31S`WMWA workshop. 4. Commissioner Langsdorf said that the Education Committee has developed an Education Plan for 2011-2015 that is ready for the Commission's review.The Commission directed the review of the 13 BCWMC June 16,2011,Meeting Minutes plan to be put on the Commission's July or August agenda. Counsel: No Communications. Engineer: 1. Ms. Chandler noted that the meeting packet contained a copy of a letter from the Commission Engineer to Andrea Weber oF the Minneapolis Park and Recreation Board with comments on the proposed design for the modification of the control structure for the Wirth Lake Water Quality Pond. 9.TNFORMATION ONLY Bassett Creek Erosion Control Inspections,June 1—4,2011 10.ADJOURNMENT Chair Loomis adjourned the meeting at 2:56 p.m. Linda Loomis,Chair Date Amy Herbert,Recorder Date Jim de Lambert,Secretary Date 14 �� \`°� \ ,a,. � '� �o e � e Public Works 763-593-8030/763-593-3988 (fax) Executive Summary For Action Golden Valley City Council Meeting August 3, 2011 Agenda Item 3. E. 1. Award Contract for the 2011 Building Maintenance Project No. 11-19 Prepared By Jeannine Clancy, Director of Public Works AI Lundstrom, Park Maintenance Supervisor Summary Work to address building maintenance concerns has been underway for the last few years. The 2011 program includes exterior repairs to several park shelter buildings and the golf maintenance building. This work primarily consists of tuck pointing, door replacement, repair and resealing of windows, and siding repairs. The 2011-2015 Capital Improvement Program includes $15,500 for building exterior repairs (B-025, page 63) and $45,000 for Park Shelter Building Improvements (P-005, page 72). Architectural and engineering fees have been funded through the savings from other building capital projects. The following bids were received for the 2011 Building Maintenance Project 11-19: Flag Builders of Minnesota, Inc. $53,438 Restorations Systems, Inc. $59,900 Advanced Masonry Restoration $80,729 Attachment EPI recommendation for award letter (2011 Building Maintenance Project 11-19), dated July 21, 2011 (1 page) Recommended Action Motion to award a contract to Flag Builders of Minnesota, Inc. in the amount of$53,438 for the 2011 Building Maintenance Project No. 11-19. Environmental Process,Inc. � 715 Florida Avenue South,Suite 111,Golden Valley,MN 55426-1700 � � Phone:763-398-3040•Fax:763-398-0121 •email:epimpls@rconnect.com•www.go-epi.com July 21, 2011 Mr.A1 Lundstrom Park Maintenance Supervisor City of Golden Valley 7800 Golden Valley Road Golden Valley,Minnesota 55427 Re: City of Golden Valley 2011 Building Maintenance City Project No.: 11-19 EPI Project No.: 2011-225 Dear Mr. Lundstrom: Environmental Process, Inc. (EPn reviewed the City of Golden — 2011 Building Maintenance project work scope with Mr. Michael Thyren of Flag Builders of Minnesota, Inc. and there were no questions. Mike Thyren indicated that they fully understand the scope of work and that they will be ready to start work in as in the tentative schedule. The work schedule will be discussed in the preconstruction meeting. Flag Builders of Minnesota, Inc. will be the General Contractor and will use subcontractors for the restoration (sealant, tuck pointing, etc.) work, painting, and door replacement. Flag Builders of Minnesota, Inc. is based in Golden Valley, Minnesota. EPI has worked with Flag Builders of Minnesota, Inc. in the past. Flag Builders of Minnesota, Inc. successfully completed the City of Golden Valley—Building Maintenance Project in 2009 and 2010. Based on the review of project work scope with Flag Builders of Minnesota, Inc. and the fact that they are the low bidder we recommend awarding the project to them. EPI recommends that the base bid cost of $53,438.00 for the City of Golden Valley - 2011 Building Maintenance project be accepted from Flag Builders of Minnesota,Inc. Please call (763)398-3040 with any yuestions,comments. Sincerely, ENVIRONMENTAL PROCESS,INC. C/�,�s ��y✓ Denny Langer,PE Project Manager Copy File 11-225 �� . o�� .� �a e Pub�� Works 763-593-8030/763-593-3988 (fax) Executive Summary For Action Golden Valley City Council Meeting August 3, 2011 Agenda Item 3. E. 2. Award Contract for the 2011 Community Center Retaining Wali and Patio Replacement Project No. 11-21 Prepared By Jeannine Clancy, Director of Public Works AI Lundstrom, Park Maintenance Supervisor Summary Last winter, the Brookview Community Center suffered significant water damage to the lower level due to roof drainage onto the patio. The patio was evaluated and found to have settled and consequently drainage was entering the building. The project will include installation of a roof drainage system, retaining wall and patio replacement and installation of an accessible access ramp to the Community Center deck on the west side of the building. The 2011-2015 Capital Improvement Program includes $69,000 for life safety and general building repairs and maintenance (B-025, page 63). Architectural and engineering fees for this project have been funded through the savings from other building capital projects. The following bids were received for the 2011 Community Center Patio Replacement Project No. 11-21: Omni Construction Services, Inc. $68,000.00 American Liberty Construction, Inc. $74,825.00 Nerstrand Excavating $82,250.00 Flag Builders of Minnesota, Inc. $114,950.00 New Look Contracting $129,805.50 Attachment EPI recommendation for award letter (2011 Community Center Patio Replacement Project 11-21), dated July 25, 2011 (2 pages) Recommended Action Motion to award a contract to Omni Construction Services, Inc. in the amount of$68,000 for the 2011 Community Center Patio Replacement Project No. 11-21. Environmental Process,Inc. � 715 Florida Avenue South,Suite 111,Golden Valley,MN 55426-1700 � � Phone:763-398-3040•Fax:763-398-0121 •email:e�impls@rconnect.com•www.go-epi.com July 25, 2011 Mr. A1 Lundstrom Park Maintenance Supervisor City of Golden Valley 7800 Golden Valley Road Golden Valley, Minnesota 55427 Re: City of Golden Valley Community Center/Golf Operations 2011 Concrete Patio Replacement City Project No.: 11-21 EPI Project No.: 2011-236 Dear Mr. Lundstrom: Environmental Process, Inc. (EPI) reviewed the City of Golden Communiry Center/Golf Operations—2011 Concrete Patio Replacement project work scope with Mr. Gerard Roy of Omni Construction Services, Inc. and there were no questions. Gerald Roy prepared the bid directly himself and also will serve as the project superintendent. Gerald Roy indicated that they fully understand the scope of work including but not limited to the concrete work for the patio and retaining wall, metal railings, sheet metal flashing, and storm sewer work. Gerald Roy indicated that he fully understands the tight schedule and the fact the majority of the work must be completed between September 12 and September 30, 2011. Omni Construction Services, Inc. recently completed a concrete removal and replacement project for Minnesota State Colleges and Universities ("MNSCU") at Inver Hills Community College located in Inver Grove Heights, Minnesota with a contract amount of $229,540.00. The project Architect is Robert Lunning with Lunning-Wende, Associates and the Inver Hills Community College Facilities Manager is Pat Buhl. Robert Lunning indicated that Omni completed the project according to the tight schedule under adverse weather conditions. Robert Lunning indicated that Omni was the low bidder by a significant margin and completed the project in accordance with their bid. Omni Construction Services, Inc. is currently working on a concrete removal and replacement project for MNSCU at Ridgewater College located in Hutchinson, Minnesota with a contract amount of$75,700.00. T'he project Architect is Marie Kelly with Judd Allen Group. Marie Kelly indicated that construction of the project is in its early stages. The excavation and compaction work completed to date has been done very good and that no concrete has been poured at this time. Marie indicated that the Ridgewater project is a MNSCU project which has very stringent requirements, and so far Omni has met the requirements. City of Golden Va11ey Community Center/Golf Operations 2011 Concrete Patio Replacement July 25, 2011 Page 2 EPI has not worked with Omni Construction Services, Inc. in the past. Based on the review of project work scope with Omni Construction Services, Inc., review of their references, and the fact that they are the low bidder we recommend awarding the project to them. EPI recommends that the base bid cost of $68,000.00 for the City of Golden Valley Community Center / Golf Operations — 2011 Concrete Patio Replacement project be accepted from Omni Construction Services, Inc. Please call (763) 398-3040 with any questions, comments. Sincerely, ENVIRONMENTAL PROCESS, INC. �.�-s ��✓ Denny Langer, PE Project Manager Copy File 11-236 G� o,f� .; . COUnCII O �, �� , e 763-593-8006/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting August 3, 2011 Agenda Item 3. F. Board/Commission Appointments Prepared By Linda Loomis, Mayor Summary Each year the City Council conducts interviews with persons who have applied to serve on a board and/or commission. After the interviews are conducted the Council makes their appointments. Recommended Action Motion to make the following appointments: Human Services Foundation: Katherine Hart 2 year term term expires - 5/1/13 Human Ri�hts Commission: Terri Policy 3 year term term expires - 5/1/14 Open Space and Recreation Commission: John Cornelius 2 year term term expires - 5/1/13 ofy P Park and Recreation O V n a, e 763-512-2342/763-512-2344(fax) Executive Summary For Action Golden Valley City Council Meeting August 3, 2011 Agenda Item 3. G. Acceptance of Donation to Senior Program - Friends of Leona Lev Prepared By Rick Jacobson, Director of Parks and Recreation Summary As adopted in the Donation/Gift Policy, a gift of real or personal property must be accepted by the City Council by resolution and be approved by a two-thirds majority of the Council. A cash donation must be acknowledged and accepted by motion with a simple majority. The friends of Leona Lev have donated $75 for Golden Valley Senior Program to be used for the 50th Anniversary of the Senior Program. Attachments Resolution Accepting Donation for Senior Program from Friends of Leona Lev (1 page) Recommended Action Motion to adopt Resolution Accepting Donation for Senior Program from Friends of Leona Lev. Resolution 11-37 August 3, 2011 Member introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING DONATION FOR SENIOR PROGRAM FROM FRIENDS OF LEONA LEV WHEREAS, the City Council adopted Resolution 04-20 on March 16, 2004 which established a policy for the receipt of gifts; and WHEREAS, the Resolution states that a gift of real or personal property must be accepted by the City Council by resolution and be approved by a two-thirds majority of the Council. NOW, THEREFORE, BE IT RESOLVED that the City Council accepts the following donation: $75 to be used for the 50th Anniversary of the Golden Valley Senior Program from friends of Leona Lev 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. f� � Park and Recreation 0 �� N, e 763-512-2342/763-512-2344(fax) Executive Summary for Action Golden Valley City Council Meeting August 3, 2011 Agenda Item 3. H. Authorization to Sign 2011 Minnesota Department of Transportation Community Roadside Landscaping Partnership Program Agreement for Highway 55 Lilac Planting Prepared By Sandy Werts, Volunteer Coordinator Summary MnDOT has approved the City's participation in the Minnesota Department of Transportation Community Roadside Landscaping Partnership Program for planting on the north and south side of Highway 55 from Douglas Drive to Glenwood Avenue. The attached resolution authorizes the City to enter into the agreement that provides for MnDOT reimbursement for the cost of the landscape materials. The Lilac Project event is scheduled for Saturday, October 1. Attachment State of Minnesota Department of Transportation cooperative Landscaping Agreement (10 pages) Resolution Authorizing Execution of Agreement with the Minnesota Department of Transportation Community Roadside Landscaping Partnership Program - Highway 55 Lilac Planting (1 page) Recommended Action Motion to adopt Resolution Authorizing Execution of Agreement with the Minnesota Department of Transportation Community Roadside Landscaping Partnership Program - Highway 55 Lilac Planting. Mn/DOT Contract No: 99348 STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION And CITY OF GOLDEN VALLEY COOPERATIVE LANDSCAPING AGREEMENT State Project Number(SP): 2723-969E Original Amount Encumbered Trunk Highway Number(TH): 55=188 $24,250.63 This Agreement is between the State of Minnesota,acting through its Commissioner of Transportation("State")and the City of Golden Valley acting through its City Council("City"). Recitals 1. The City will perform landscaping along Trunk Highway No. 55 within the CiTy limits according to plans, specifications and special provisions designated as the"Golden Valley Landscaping Plan" and as State Project No.2723-969E(T.H. 55=188); and 2. The City requests the State participate in the acquisition costs of the landscape materials and the State is willing to participate in the acquisition costs of said landscaping materials according to the State's "Community Roadside Landscaping Partnership Program";and 3. Minnesota Statutes § 161.20, subdivision 2 authorizes the Commissioner of Transportation to make arrangements with and cooperate with any governmental authority for the purposes of constructing, maintaining and improving the trunk highway system. Agreement 1. Term of Agreement; Survival of Terms; Plans; Incorporation of Exhibits 1.1. Effective date.This Agreement will be effective the date the State obtains all signatures reyuired by Minnesota Statutes § 16C.05, subdivision 2. 1.2. Expiration date. This Agreement will expire when all obligations have been satisfactorily fulfilled according to the Community Roadside Landscaping Partnership Program Project Application,on file in the State's Office of Technical Support and incorporated into this Agreement by reference. 1.3. Survival of ternzs All clauses which impose obligations continuing in their nature and which must survive in order to give effect to their meaning will survive the expiration or termination of this Agreement, including,without limitation,the following clauses:2.2.Right-of-Way,Easements and Permits;23. Maintenance;6. Liability and Worker Compensation Claims; 8. State Audits; 9. Government Data Practices; 10. Governing Law;Jurisdiction;Venue;and 12.Force Majeure. 1.4. Plans,Specificatlons,Special Provisions. Plans, specifications and special provisions designated as the "Golden Valley Landscaping Plan" and as State Project No.2723-969E(T.H. 55=188)are on file in the office of the City and the State's office of Technical Support and are incorporated into this Agreement by reference. ("Landscape Plans") 1.5. Exlaibits. Exhibit A is attached and incorporated into this Agreement. 2. Agreement between the Parties 2.1. Acquisition nnd I�stallation of La�dscape Ma[erials A. Acquisitio�and Ir�stallation. The City will acquire landscape materials and perform landscaping according to the Landscape Plans. -1- Mn/DOT Contract No: 99348 B. Docume�ts furnished by the City. Within 7 days of ordering the landscape materials,the City will submit a copy of the purchase orders to the State's Landscape Partnership Program Coordinator in St. Paul. C. Control and Ihspection of Landscape Materials i. The landscape materials acquired under this Agreement will be under the control of the City; however the materials will be open to inspection by the State's authorized representa.tives. The CiTy will give the State's Landscape Partnership Program Coordinator five days notice of its intention to receive delivery of the landscape materials. ii. The City must verify that the nursery vendor has a valid nursery certificate as required by the Minnesota Department of Agriculture("MDA"). Nursery stock originating outside Minnesota must have been certified under all applicable MDA and United States Department of Agriculture ("USDA")quarantines. Certification documents issued by the appropriate regulatory official at origin must accompany all nursery stock shipments, including but not limited to,USDA yuarantines for Gypsy Moth,Phytophthora ramorum, Emerald Ash Borer and Black Stem Rust. MDA Japanese $eetle Quarantine nursery stock from Minnesota must be inspected and certified to be free of harmful plant pests,but is not subject to MDA external Japanese Beetle Quarantine. D. Protecting and Locati�g Utilities. The City will preserve and protect all utilities located on lands covered by this Agreement,without cost to the State.As required by Minnesota Statute 216D,the City will notify Gopher State One Call System(www.gopherstateonecall.org)(1-500-252-1166)at least 48 hours before any excavation is done on this project. E. Restore Rdglzt-of-Way. Upon completion of the installation of landscape materials and after performing any ongoing maintenance operations,the City will restore all disturbed areas of State right-of-way so as to perpetuate satisfactory drainage,erosion control and aesthetics. F. Co�npletion ofAcquisition and Installatioh.The City will cause the acquisition and installation of the landscape materials to be started and completed according to the time schedule in the Community Roadside Landscaping Partnership Program Project Application. The completion date for the acquisition and installation of the landscape materials may be extended,by an exchange of letters between the appropriate City official and the State's Landscape Parinership Program Coordinator,for unavoidable delays encountered in the performance of the acquisition and installation of the landscape materials. G. Compliance wdtlz Laws, Ordinar�ces,Regulations. The City will comply with all Federal, State and Local laws,and all applicable ordinances and regulations in connection with the acquisition and � installation of the landscape materials. 2.2. Right-of-Way,Easerne�ts and Per`nits A. The City is authorized to work on State right-of-way for the purposes of installing and maintaining the landscape materials, including any necessary replacement of landscape materials that fail to survive. All suppliers,contractors or volunteers under the direction of the City,occupying the State's right-of- way must be provided with and wear required reflective clothing. B. The City's use of State right-of-way will in no way impair or interfere with the safety or convenience of the traveling public in its use of the highway and any use of State right-of-way under this Agreement will remain subordinate to the right of the State to use the properly for highway and transportation purposes. No advertising signs or devices of any form or size will be constructed or be permitted to be constructed or placed upon State right-of-way. This Agreement does not grant any interest whatsoever in land,nor does it establish a permanent park,recreation area or wildlife or waterfowl refuge facility that would become subject to Section 4(fl of the Federal Aid Highway Act of 1968. C. The City will obtain all construction permits and any other permits and sanctions that may be required in connection with the installation of the landscape materials without cost to the State. -2- Mn/DOT Contract No: 99348 2.3. Nfaintenance by the City.The City will provide for the maintenance of the landscaping without cost to the State. Maintenance includes,but is not limited to,weeding and pruning, and removal and replacement of all materials that fail to survive. Criteria for maintenance and replacement are shown and described in EXHIBIT"A",Maintenance Responsibilities Plan and Schedule. 3. State Cost and Payment by the State 3.1. Basis of State Cost.The State's complete share of the costs of the landscaping is the delivered cost of the landscaping materials acquired according to the Landscape Plans. 3Z. Estimated State Cost and Maximum Obldgation. The estimated cost of the landscape materials acquisition is$24,250.63. The maximum obligation of the State under this Agreement will not exceed$30,000.00, unless the maximum obligation is increased by amendment to this Agreement. 3.3. Conditions of Payinent. The State will pay the City the delivered cost of the landscape materials,not to exceed the maacimum obligation,after the following conditions have been met: A. Encumbrance by the State of the State's total cost share. B. Execution of this Agreement and transmittal to the City. C. Receipt by the State's Landscape Partnership Program Coordinator,from the City, of the following: i. Copies of the purchase orders for the landscape materials,as provided for in Section 2.1.B. of this Agreement. ii. Written request for payment,accompanied by copies of supplier invoices for the landscape materials acquisition and delivery. D. Receipt of a rnemo, from the State's Landscape Partnership Program Coordinator,verifying that the landscaping has been completed and recommending reimbursement. 4. Aathorized Representatives Each party's Authorized Representative is responsible for administering this Agreement and is authorized to give and receive any notice or demand required or permitted by this Agreement. 4.1. The State's Authorized Representative will be: Name/Title: Todd Carroll,Landscape Partnership Program Coordinator (or successor) Address: 395 John Ireland Boulevard, Mailstop 686, St.Paul,MN 55155 Telephone: (651)366-4617 Fax: (651)366-4769 E-Mail: todd.carroll@state.mn.us 4.2. The City's Authorized Representative will be: Name/Title: Tom Burt,City Manager (or successor) Address: 7800 Golden Valley Road, Golden Valley, MN 55427 Telephone: (763) 593-8002 5. Assignment; Amendments;Waiver; Contract Complete 5.1. Assignment. Neither party may assign or transfer any rights or obligations under this Agreement without the prior consent of the other party and a written assignment agreement,executed and approved by the same parties who executed and approved this Agreement,or their successors in office. 5.2. flmend�nents. Any amendment to this Agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original Agreement,or their successors in office. -3- Mn/DOT Contract No: 99348 5.3. Waiver. If a party fails to enforce any provision of this Agreement,that failure does not waive the provision or the parly's right to subsequently enforce it. 5.4. Contract Co»iplete. This Agreement contains all prior negotiations and agreements between the State and the City.No other understanding regarding this Agreement,whether written or oral,may be used to bind either paxty. 6. Liability;Worker Compensation Claims Each party is responsible for its own employees for any claims arising under the Workers Compensation Act. Each party is responsible for its own acts,omissions and the results thereof to the extent authorized by law and will not be responsible for the acts and omissions of others and the results thereof. Minnesota Statutes §3.736 and other applicable law govern liability of the State. Minnesota Statutes Chapter 466 and other applicable law govern liability of the City. 7. Nondiscrimination Provisions of Minnesota Statutes § 181.59 and of any applicable law relating to civil rights and discrimination are considered part of this Agreement. 8. State Audits Under Minnesota Statutes § 16C.05,subdivision 5,the City's books,records, documents,and accounting procedures and practices relevant to this Agreement are subject to examination by the State and the State Auditor or Legislative Auditor,as appropriate,for a minimum of six years from the end of this Agreement, 9. Government Data Practices The City and State must comply with the Minnesota Government Data Practices Act,Minnesota Statutes Chapter 13,as it applies to all data provided by the State under this Agreement,and as it applies to all data created, collected,received,stored,used,maintained,or disseminated by the City under this Agreement.The civil remedies of Minnesota Statutes § 13.08 apply to the release of the data referred to in this clause by either the City or the State. 10. Governing Law; Jurisdiction; Venue Minnesota law governs the validity,interpretation and enforcement of this Agreement. Venue for all legal proceedings arising out of this agreernent,or its breach,must be in the appropriate state or federa]court with competent jurisdiction in Ramsey CounTy,Minnesota. 11. Termination; Suspension 11.1. By Mutual Agree�nent. This Agreement may be terminated by mutual agreement of the parties or by the State for insufficient funding as described below. 11.2. Ter�nination for Irxsufficient Fu�ding. The State may immediately terminate this Agreement if it does not obtain funding from the Minnesota Legislature,or other funding source;or if funding cannot be continued at a level sufficient to allow for the payment of the services covered here.Termination must be by written or fax notice to the City.The State is not obligated to pay for any services that are provided after notice and effective date of termination.However,the City will be entitled to payment,determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available. 11.3. Suspensdon. In the event of a total or partial government shutdown,the State may suspend this Agreement and all work,activities,performance and payments authorized through this Agreement. Any work performed during a period of suspension will be considered unauthorized work and will be undertaken at the risk of non-payment. 12. Force Majeure Neither party will be responsible to the other for a failure to perform under this Agreement(or a delay in performance),if such failure or delay is due to a force majeure event. A force majeure event is an event beyond a -4- Mn/DOT Contract No: 99348 party's reasonable control,including but not limited to,unusually severe weather,fire,floods,other acts of God, labor disputes,acts of war or terrorism,or public health emergencies. [The remainder of this page has been intentionally left blank] -5- Mn/DOT Contract No: 99348 STATE ENCUMBRANCE VERIFICATION DEPARTMENT OF TRANSPORTATION Individual certifies that funds have been encumbered as required by Minnesota Statutes § 16A.15 and 16C.05. Recommended for Approval: Signed: By: (Landscape Partnership Program Coordinator) Date: By: MAPS Encumbrance No. (District Engineer) CITY OF GOLDEN VALLEY Approved: The undersigned certify that they have lawfully By: executed this contract on behalf of the Governmental (State Design Engineer) Unit as required by applicable charter provisions, resolutions or ordinances. Date: By: Title: COMMISSIONER OF ADMINISTRATION Date: By: By: (With delegated authority) Date: Title: Date: -6- EXHIBIT "A" Maintenance Responsibilities Plan and Schedule Table 1a. REQUIRED LANDSCAPE MAINTENANCE ACTIVITIES MAINTENANCE CONSIDERATION PLANT PRUNING WEED FERTILI7�ITION GROUPS CONTROL See Table 5, When To Type Of Fertilization Schedule Evergreen Trees Anytime- Dry CoRective and Maintain mulch at 3" Yes Deadwood Removal minimum around trees in mowed areas, keep Shade Trees Anytime-Dry` Training and weed free. Yes Corrective Ornamental Trees Winter*"` Corrective Yes Ever reen Shrubs An ime- D Deadwood Removal Yes Deciduous Shrubs Dormant Corrective and Maintain minimum 3" Yes Renewal woodchip mulch in a weed free condition until shrub crown closure. Vines Dormant Deadwood Removal No Groundcovers * Do not prune oaks during April, May and June. Do not prune Honeylocust while dormant or when humid or wet. ** Do not prune apples, crabapples or Mountain Ash during April, May and June. TABLE 1 b. REQUIRED LANDSCAPE MAINTENANCE ACTIVITIES MAINTENANCE CONSIDERATION PLANT GROUPS WATERING INSECT AND RODENT REMOVALS AND DISEASE PROTECTION REPLACEMENTS CONTROL Ever reen Trees Yes until established As needed. Yes- Pine Onl Remove all dead plants. (2 yrs.). Shade Trees Remove diseased Yes Replace dead or dying Supplemental watering plants that pose plants unless the lost Ornamental Trees may be needed during threats to adjacent Yes plants do not noticeably Ever reen Shrubs drought periods plantings. No,� compromise the visual (especially during July appearance or design Deciduous Shrubs and August)even after No* intent. plants are established. Vines No` Groundcovers No" * Rodent protection is generally not practical for mass shrub plantings, maintaining clean mulched planting areas free of weed growth will reduce problems. Mowed turf in formal planting areas will help reduce rodent problems. Sheet 1 of 4 TABLE 2a. CALENDAR OF LANDSCAPE MAINTENANCE ACTIVITY Janua Februa March A ril Ma June Prunin See Table 1a for Best Time for S ecific S ecies. Weed Control: Plantin beds must be ke t in a weed free condition. Remulch OXX XXXX XO Herbicide Must be applied by a licensed Pesticide Applicator. Fertilization: Turf XXXX Shrubs,Trees Insect&Disease Time of control de ends on the t e of insect or disease and when it is detected. Sunscald Protection Remove wra " Watering During first and second growing seasons approximately once a week or as needed to maintain ade uate but not excessive soil moisture. Maintain Rodent 0000 0000 0000 0000 0000 0000 Protection Turf Maintenance Mowin OOX XXXX Mower Damage Prevention X XXXX XXXX Replanting Evergreen Trees OXX XXO Deciduous Trees OXX XXXX Container Plants XXX XXXX XXXO Turf 0 XXXX XXOO X-Optimum Time O-Less than Optimum Time " Undiluted white latex paint is recommended, repaint as necessary until trees reach 4"caliper. Sheet 2 of 4 TABLE 2b. CALENDAR OF LANDSCAPE MAINTENANCE ACTIVITY Jul Au ust Se tember October November December Prunin See Table 1a for Best Time for S ecific S ecies. Weed Control: Plantin beds must be ke t in a weed free condition. Remuich XXXX XXXX XXXX XXXX 00 XO Herbicide Must be applied by a licensed Pesticide Applicator. Fertilization: Turf XXXX Shrubs,Trees XXXX Insect&Disease Time of control de ends on the t e of insect or disease and when it is detected. Sunscald Protection Apply or maintain paint. Install wra *. Watering During first and second growing seasons approximately once a week or as needed. Maintain Rodent Protection 0000 0000 XXXX XXXX XO00 0000 Turf Maintenance Mowin XXXX XXXX XXXX XXOO Mower Damage Prevention XXXX XXXX XXXX XXOO Replanting Evergreen Trees OX XXXO Deciduous Trees OXXX XO Container Plants 0000 OOOX XXXO Turf 0000 OOXX XXXX 00 X-Optimum Time O-Less than Optimum Time * Undiluted white latex paint is recommended, repaint as necessary until trees reach 4"caliper. Sheet 3 of 4 TABLE 3. DESCRIPTIONS OF TYPES OF PRUNING TYPES OF PRUNING WHEN TO PRUNE DESCRIPTION Disease Removal After Dia nosis Removal of fun al bacterial rowths. Sterilize runers between cuts. Deadwood Removal See Table 1 Removal of dead branches, normally from the interior portion of the crown. Training See Table 1 Maintaining the central leaders and acceptable symmetry in evergreen, shade and ornamental trees. Removal of suckers and water s routs. Corrective See Table 1 Removal of storm-dama ed, vehicle-dama ed or vandalized limbs. Renewal See Table 1 Removing all top growth at or near the ground line and remulch. Or removal of 1/3 of the oldest stems at the ground line. TABLE 4.WEED CONTROL METHODS-INTEGRATED APPROACH CATEGORY METHOD TREES SHRUB BEDS TURF Re lantin -Fillin Voids X X Fertilization X X X Remulch"` X X X Herbicides X X X Weed Whip No X "` Wood chip mulch should be replenished around shade trees and low growing shrubs every 3-5 years. Place mulch to a 4"depth. Mulching will help control weeds, reduce mower damage and conserve moisture. TABLE 5. FERTILIZATION SCHEDULE CATEGORY FREQUENCY TIME OF APPLICATION ANALYSIS** RATE Mowed Turf Eve 3 Years A ril or October 23-0-30 1 Ib N /1000 s .t�. Shrub Beds" Eve 3 Years October or A ril 23-0-30 1 Ib N /1000 s .ft. Shade Trees'" Every 3 Years October or April 23-0-30 .5 Ibs/1 Cu.Yd. of soil Note: Do not fertilize trees and turf during the same season. Offset tree fertilization by one season in order to prevent fertilizer bum on turf. "' Plants that fix nitrogen, like Silver BufFaloberry, Caragana, Honeylocust, Russian Olive or other legumes, should not be fertilized except under special conditions. Tall shrubs do not need to be fertilized if leaf color remains normal. �* Analysis will be allowed within the following ranges: N (16-24)—P (0)—K(20-30). Sheet 4 of 4 Resolution 11-38 August 3, 2011 Member introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH THE MINNESOTA DEPARTMENT OF TRANSPORTATION COMMUNITY ROADSIDE LANDSCAPING PARTNERSHIP PROGRAM - HIGHWAY 55 LILAC PLANTING WHEREAS, Bridge Builder Dwight Townes, in cooperation with the Golden Valley Connection Project and the Minnesota Department of Transportation (MnDOT) Landscape Partnership Program, has initiated a project to landscape the Trunk Highway 55 right-of- way from Wirth Parkway to Trunk Highway 169 in Golden Valley; and WHEREAS, the fourth phase of this project proposes to invite volunteers to landscape the north and south side of TH 55 right-of-way from Glenwood Avenue to Douglas Drive under the MnDOT Community Roadside Landscaping Partnership Program application period ending July 31, 2011; and WHEREAS, the MnDOT has awarded funding for this project; NOW THEREFORE BE IT IS RESOLVED that the City of Golden Valley enter into MnDOT Agreement No. 99348 with the State of Minnesota, Department of Transportation to provide for payment by the State of its share of the costs for landscape materials to be acquired and placed adjacent to Trunk Highway No. 55 from Glenwood Avenue to Douglas Drive within the corporate City limits under State Project No.2723-969D. BE IT FURTHER RESOLVED that the Mayor and the City Manager are authorized to execute the Agreement and any amendments to the Agreement. Linda R. Loomis, Mayor ATTEST: Susan M. Virr�ig, 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. City : �� .; .� ��t � �� Planning �'ti., _ �� , � 763-593-8095 l 763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting August 3, 2011 Agenda Item 3. I. Approval of One Year Extension for Filing of Plat for 100 Brunswick Avenue North Prepared By Mark Grimes, Director of Planning and Development Summary Peter Miller, applicant, has requested a second extension for final plat approval for the minor subdivision of 100 Brunswick Avenue North to August 2, 2012. The applicant still intends to subdivide the property however market conditions have affected the sale of the properties. On February 16, 2010 the City Council approved the preliminary plat to allow splitting the property into two new lots. Per City Code, the final plat must be approved within 180 days of preliminary plat approval. On August 4, 2010 a one-year extension was granted. An additional extension to this timeframe would allow the applicant to move forward with this project. Attachment Location Map (1 page) Email from Peter Miller, dated July 5, 2011 (1 page) Recommended Action Motion to approve an extension until August 2, 2012 to submit the final plat for 100 Brunswick Avenue North. 2+4b 75t1 �g � i { 316 216 LflRIFlG LhB 2�? ..� � � SB+Sb � � ��s ��r'�dd't � �� se0 � r�+d 24� �� r� � 227 0�'' 277 e"L Z7{I z� ^�� c�� a.s � zao zi� �,� z� � �,� z�� '��, � zas uo �i � �� zai � ,a� �s �� ua s� ias a� un � aa.� �u� z ,�'�' :�z � � ��. �s us � �" �` /�%` Q � � ;.�i�°f' Subject Property: � � ;!��, 3g 100 Brunswick Ave. N. =r ��„�r 6324 632a �er ,,% �j .. q �� 614U �lE� u, G030 6U10 5�Z4 �1U � � GLENW�D AVE � n. s� 6aos baoa aos 1Q5 6237 SZ9 111 �� 110 115 a � ia{1 y�,�r 1Ti1 iZ5 144 �; �i � wW �� . 115 '�'9' U lASI � �ry �, ��- � i45 14� � 145 1� M 6flD1 i25 � � � � � � R8W/7la�Parld � � � sso �a Y zos �w � aos y�s � � xao � � zze � y� m � �s asfl � 445 2Z0 � Z.q� Z4Ai 246 �5 235 I J g� Ll i�mc«a�in.�lrc�.95 ^ar,:.gG.�fct7�;;��?S 3�b �0 3fl5 24D _, , ,, 3'6ta�'WlfYn�^.n � Wittman, Lisa From: pjm_100@comcast.net Sent: Tuesday,July 05, 2011 1:46 PM To: Wittman, Lisa Subject: Re: Final Plat Submittal Thanks for the email Lisa. Things are progressing and I am hoping we will be approaching the city council in August or september of this year. Therefore I would like to request an extension at this time. I should be able to stop by and pay the $125 fee later this week or early next week at the latest. Regards, Peter miller Sent via B1ackBerry by AT&T From: "Withnan, Lisa" <LWittman@goldenvalleymn.gov> Date: Tue, 5 Jul 2011 18:34:46+0000 To: 'pjm_100@comcast.net'<pjm_100@comcast.net> Subject: Final Plat Submittal Hello, On August 4, 2010 the City Council granted a one-year extension for the submittal of your Final Plat for the subdivision of your property at 100 Brunswick Ave. N.We are approaching that deadline (Aug. 12)and I need to know if you are intending on asking the Council for an extension to that deadline. If you would like to ask the Council for an extension to submit your Final Plat please send me a letter or email requesting another extension and a check for$125 by July 18, 2011 and I will make sure your request gets on the August 3 Council agenda. If you have any questions, please feel free to call me. Thanks, Lisa Lisa Wittman � Administrative Assistant � City of Golden Valley 7800 Golden Valley Road �Golden Valley,MN 55427�763-593-8095 �763-593-8109(Fax) � 763-593-3968(TTY)� ; y ,;e Iwittman@�oldenvallevmn.sov - ; �,_.,} 1 ;��' '' /� P Finance 0 ' �� N� V 763-593-8013/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting August 3, 2011 Agenda Item 3. J. Receipt of June 2011 Financial Reports Prepared By Sue Virnig, Finance Director Summary The monthly financial report provides a progress report on the following funds: General Fund Operations Conservation/Recycling Fund (Enterprise Fund) Water and Sewer Utility Fund (Enterprise Fund) Brookview Golf Course (Enterprise Fund) Motor Vehicle Licensing Fund (Enterprise Fund) Storm Utility Fund (Enterprise Fund) The revenues and expenditures show current month actual and year-to-date actual compared to the 2011 approved budget. General Fund Operations: The 2011 unallotment from the State is estimated at $369,240. The receipt of Market Value Homestead Credit (MVHC) will not take place in October and December. As of June 2011, the City is using $4,597,447 of fund balance to balance the General Fund budget. Attachments June 2011 General Fund Financial Report - unaudited (2 pages) June 2011 Conservation/Recycling Fund Financial Report (Enterprise Fund) - unaudited (1 page) June 2011 Water and Sewer Utility Fund Financial Report (Enterprise Fund) - unaudited (1 page) June 2011 Brookview Golf Course Financial Report (Enterprise Fund) - unaudited (1 page) June 2011 Motor Vehicle Licensing Fund Financial Report (Enterprise Fund) - unaudited (1 page) June 2011 Storm Utility Fund Financial Report (Enterprise Fund) - unaudited (1 page) Recommended Action Motion to receive and file the June 2011 Financial Reports. City of Golden Valley Monthly Budget Report- General Fund Expenditures June, 2011 (unaudited) Over % 2011 June YTD (Under) Of Budget Division Budget Actual Actual Budget Expend. Council $287,970 22,502 142,548 ($145,422) 49.50% City Manager 747,095 50,746 334,690 (412,405) 44.80% Admin. Services 1,524,180 111,874 597,762 (926,418) 39.22% Legal 120,000 15,504 72,429 (47,571) 60.36% (1) General Gov't. Bldgs. 570,680 50,760 223,357 (347,323) 39.14% Planning 322,315 22,701 143,195 (179,120) 44.43% Police 4,695,320 355,021 2,040,838 (2,654,482) 43.47% Fire and Inspections 1,516,730 116,625 698,086 (818,644) 46.03% Public Works Admin. 319,830 23,612 147,380 (172,450) 46.08% Engineering 613,515 55,220 265,921 (347,594) 43.34% Streets 1,333,375 104,392 584,389 (748,986) 43.83% Community Center 71,400 3,109 22,647 (48,753) 31.72% Park& Rec. Admin. 672,460 47,710 287,570 (384,890) 42.76% Park Maintenance 996,485 109,368 462,007 (534,478) 46.36% Recreation Programs 409,170 48,578 128,329 (280,841) 31.36% Risk Management 280,000 0 151,279 (128,721) 54.03% (3) Transfers Out 439,970 439,970 439,970 0 100.00% (2) TOTAL Expenditures $14,920,495 $1,577,692 $6,742,397 ($8,178,098) 45.19% (1) Legal is paid through March, 2011. (2) Transfers out were made in June. (3) This includes two quarterly payments. LMC dividend in paid in December. City of Golden Valley Monthly Budget Report-General Fund Revenues June, 2011 (unaudited) Percentage Of Year Completed 50.00% Over % 2011 June YTD (Under) of Budget Type Budget Actual Actual Budget Received Ad Valorem Taxes $11,702,050 9,111 $9,111 ($11,692,939) 0.08% (1) Licenses 166,865 26,684 176,426 $9,561 105.73% Permits 576,400 88,492 351,694 ($224,706) 61.02% Federal Grants 0 0 0 $0 State Aid 10,500 13,420 69,655 $59,155 663.38% (4) Hennepin CounryAid 0 0 1,900 $1,900 Charges For Services: General Government 37,725 11,849 14,409 ($23,316) 38.19% Public Safety 190,115 6,564 130,629 ($59,486) 68.71% Public Works 124,000 15,155 61,325 ($62,675) 49.46% Park& Rec 392,200 41,481 256,859 ($135,341) 65.49% Other Funds 981,500 554,701 578,952 ($402,548) 58.99% (5) Fines & ForFeitures 250,000 24,275 126,111 ($123,889) 50.44% (2) Interest On Investments 100,000 0 1,012 ($98,988) 1.01% (3) Miscellaneous Revenue 214,140 174,973 191,867 ($22,273) 89.60% Transfers In 175,000 175,000 175,000 $0 100.00% TOTAL Revenue $14,920,495 $1,141,705 $2,144,950 ($12,775,545) . 14.38% Notes: (1) The first half taxes will be received in July. This includes the Animal Humane Society payment. (2) Fines and Forfeitures are throughMay. (3) Investments will be booked at year end. (4) State Training will be received in August. This includes a HEAT training for Police (overtime) and Energy Grant($33,677)for electrical improvements (Killmer Contract paid from 1425.6382-$35,504) (5) HRA Transfer will be received in July. City of Golden Valley Monthiy Budget Report-Consenration/Recycling Enterprise Fund June, 2011(unaudited) Over 2011 June YTD (Under) % Budget Actual Actual Budget Current Revenue Hennepin County Recycling Grant 51,425 0 0 (51,425) 0.00% Recycling Charges 275,975 21,079 104,796 (171,179) 37.97% (3) Interest on Investments 10,000 0 0 (10,000) 0.00% (1) Total Revenue 337,400 21,079 104,796 (232,604) 31.06% Expenses: Recycling 418,360 150,314 191,597 (226,763) 45.80% (2) Total Expenses 418,360 150,314 191,597 (226,763) 45.80% (1) Interest Earnings are allocated at year-end. (2) This is through May, 2011 curbside services. City of Golden Valley Monthiy Budget Report-Water and Sewer Utility Enterprise Fund June, 2011(unaudited) Over 2011 June YTD (Under) % Budget Actual Actual Budget Current Revenue Water Charges 4,304,300 298,889 1,332,726 (2,971,574) 30.96% Sewer Charges 3,210,000 225,093 1,314,148 {1,895,852) 40.94% Meter Sales 5,000 0 2,868 (2,132) 57.36% MCES Grant Program 0 0 0 0 Penalties 100,000 17,672 50,184 (49,816) 50.18% Charges for Other Services 190,000 9,810 59,041 (130,959) 31.07% State Water Testing Fee Pass Through 43,000 3,399 18,962 (24,038) 44.10% Certificate of Compliance 45,000 6,500 46,150 1,150 102.56% Interest Earnings 85,000 0 0 (85,000) 0.00% Total Revenue 7,982,300 561,363 2,824,079 (5,158,221) 35.38% Expenses: Utility Administration 2,769,610 337,996 553,966 (2,215,644) 20.00% Sewer Maintenance 2,248,140 196,800 1,165,921 (1,082,219) 51.86% Water Maintenance 3,873,915 397,441 1,691,687 (2,182,228) 43.67% Total Expenses 8,891,665 932,237 3,411,574 (5,480,091) 38.37% City of Golden Valley Monthly Budget Report-Brookview Golf Course Enterprise Fund June,2011(unaudited) Over 2011 June YTD (Under) % Budget Actual Actual Budget Current Revenue Fees 981,155 157,953 325,105 (656,050) 33.13% Driving Range Fees 112,600 21,406 48,228 (64,372) 42.83% Par 3 Fees 194,240 34,184 62,556 (131,684) 32.21% Pro Shop Sales 80,000 11,374 28,220 (51,780) 35.28% Pro Shop Rentals 243,050 37,143 68,882 (174,168) 28.34% Concession Sales 216,000 37,315 74,339 (141,661) 34.42% Other Revenue 109,325 3,351 59,678 (49,647) 54.59% Interest Earnings 15,000 0 0 (15,000) 0.00% (1) Less:Credit Card Charges/Sales Tax (150,000) (2,276) (2,867) 147,133 1.91% Total Revenue 1,801,370 300,450 664,141 (1,137,229) 36.87% Expenses: Golf Operations 666,450 261,927 396,442 (270,008) 59.49% (2) Course Maintenance 742,820 101,194 288,926 (453,894) 38.90% Pro Shop 109,560 12,118 60,429 (49,131) 55.16% Grill 185,185 33,195 61,860 {123,325) 33.40% Driving Range 45,615 7,246 14,689 (30,926) 32.20% Par 3 Course 30,525 4,456 7,962 (22,563) 26.08% Total Expenses 1,780,155 420,136 830,308 (949,847) 46.64% (1) Interest Earnings are allocated at year-end. (2) Depreciation is allocated at year-end. Net Assets at 12-31-10 were$1,007,118. City of Golden Valley Monthly Budget Report-Motor Vehicle Licensing Enterprise Fund 1une,2011(unaudited) Over 2011 June YTD (Under) % Budget Actual Actual Budget Current Revenue Interest Earnings 9,000 0 0 (9,000) 0.00% (1) Charges for Services 531,000 0 137,462 (393,538) 25.89% (2) Total Revenue 540,000 0 137,462 (402,538) 25.46% Expenses: Motor Vehicle Licensing 529,135 200,657 332,657 (196,478) 62.87% (3) Total Expenses 529,135 200,657 332,657 (196,478) 62.87% (1) Interest Earnings are allocated at year-end. (2) Activity is posted in through March. (3)Transfer were made in June,2011. *Net Assets at 12/31/2010 were$976,515. City of Golden Valley Monthly Budget Report-Storm Utility Enterprise Fund June,2011(unaudited) Over 2011 June YTD (Under) % Budget Actual Actual Budget Current Revenue Interest Earnings 50,000 0 0 (50,000) 0.00% (1) Storm Sewer Charges 2,212,150 181,190 1,073,135 (1,139,015) 48.51% State Reimbursement(MPCA) 0 0 56,686 56,686 Bassett Creek Watershed 715,000 0 0 (715,000) 0.00% Total Revenue 2,977,150 181,190 1,129,821 (1,847,329) 37.95% Expenses: Storm Utility 2,018,810 231,295 306,545 (1,712,265) 15.18% (2j Street Cleaning 117,460 1,982 43,731 (73,729) 37.23% Environmental Control 276,985 6,968 50,117 (226,868) 18.09% Debt Service Payments 437,300 0 368,299 (69,001) 84.22% Total Expenses 2,850,555 240,245 768,692 (1,712,265) 26.97% (1) Interest Earnings are allocated at year-end. (2) Depreciation is allocated at year-end and 2010 PMP is not complete. �� a ,1 i � . �� : 1 i 1 , i �` _"� \ City Administration/Council 0 ` �/� a, e 763-593-8006/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting August 3, 2011 Agenda Item 3. K. Approval of Requests for Beer and/or Wine at Brookview Park Prepared By Judy Nally, Administrative Assistant Summary As per City Code Section 10.83, Subd. 2 I. "No person shall possess, display, consume or use alcoholic beverages on any City park property, unless permission is granted by the Council."As part of the application process for a Facilities Use Permit to use the large and small picnic shelters at Brookview Park the applicant has the option to pay an additional $20 to be able to serve beer and/or wine. Attached is a list of the individuals and/or organizations who have requested that option. Attachment Beer and/or Wine Request List (1 page) Recommended Action Motion to approve the requests for beer and/or wine at Brookview Park as recommended by staff. BEER AND/OR WINE REQUEST LIST cc DATE INDIVIDUAL OR ORGANIZATION DATE TIME SHELTER APPROVED Celeste Buie 08-06 5 pm— 10 pm large 08-03-11 OGI 08-07 5 pm — 10 pm large 08-03-11 East View Information Systems 08-10 11 am — 10 pm large 08-03-11 OGI 08-15 5 pm — 10 pm large 08-03-11 General Mills 08-18 11 am—4 pm large 08-03-11 Eye Care Associates 08-23 5 pm — 10 pm large 08-03-11 Allianz 08-24 11 am —4 pm large 08-03-11 Ben Edwards 08-26 5 pm — 10 pm large 08-03-11 Rachel Higgins 08-27' 11 am —4 pm small 08-03-11 Honeywell 09-09 11 am —4 pm large 08-03-11 United Health Group 09-10 11 am —4 pm large 08-03-11 FM Global 09-24 11 am —4 pm small 08-03-11 Rainbow Tree Care 09-30 11 am — 10 pm large OS-03-11 f� City Administration/Council O �� a, e 763-593-3989/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting August 3, 2011 Agenda Item 3. L. Authorization to Sign Agreement with CNA for Group Long Term Care Plan Enhancements Prepared By: Chantell Knauss, Assistant City Manager Summary CNA, the City's provider for group long term care insurance, is requiring several enhancements to the Municipal Pool Group Long Term Care program through which employees may voluntarily enroll. The plan enhancements apply to all existing contracts with no increases to the current premiums. The enhancements are described below: New Daily Maximum Benefits -The plan will now have Daily Nursing Home benefit option of$120, $150, $200 and $250. Current statistics show that the national average cost of care in a skilled nursing home facility is $192 per day. New Lifetime Maximum Option -The plan will now include a 2-year lifetime maximum in addition to the current 3.4 and 5-year options. Waiting Period - The waiting period for receiving reimbursement for Long Term Care services will need to satisfied only once per lifetime. New Worldwide Coverage Benefit - Covered care received while living or traveling outside of the U.S. is now eligible for reimbursement. Reimbursement is based on a fixed daily cash payment equal to 75% of the insured's maximum daily benefit. Although the plan enhancements took effect July 1, 2011, CNA requires a new Master Application and Master Policy Amendment (Rider) be executed. Recommended Action Motion to authorize the City Manager to sign the CNA Group Long Term Care Plan Master Application and Master Policy Amendment (Rider). f� City Administration/Council O �n a, e 763-593-3989/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting August 3, 2011 Agenda Item 3. M. Authorization to Sign Master Program Sales Agreement Amendment with HealthPartners for Employee Assistance Program Prepared By: Chantell Knauss, Assistant City Manager Summary The City provides an Employee Assistance Program (EAP) to its benefits eligible employees through its contracted health insurance vendor, HealthPartners (HP). An EAP offers employees: • Guidance on personal issues • Assistance with childcare, elder care and other work/life concerns • Consultation on legal and financial issues • Managing difficult employee relations that affect job performance • Critical incident management support • Extensive online resources For benefits eligible employees, this is included as part of the health insurance premiums. The Amendment is the cost for employees that are not benefits eligible. The only non- benefits eligible employees covered by the EAP are paid, on-call Fire staff. Although the plan amendment took effect January 1, 2011, HealthPartners requires an Amendment to the Master Program Sales Agreement be executed. Attachments Amendment to the Master Program Sales Agreement (2 pages) Recommended Action Motion to authorize the City Manager to sign the HealthPartners �lmendment to the Master Program Sales Agreement for the Employee Assistance Program. AMENDMENT TO TIiE MASTER PROGRAM SALES AGREEMENT Effective January 1, 2011 between HealthPartners,Inc.(Seller) and Client Name:City of Golden Valley Client Group Number: 5612 Effective January 1,ZOl l,the Agreement(as referred to above)is amended as follows: In the��NIISCELLANOUS PROVISION,"item 10.4��Notices,"is replaced: 10.4 Notices.Any norice required to be given under this MPSA must be delivered personally, electronically,or sent by first class mail to: If to Seller: Corporate Office: Mailing Address: HealthPartners,Inc. HealthPartners,Inc. 8170 33`�Avenue South P.O.Box 1309 Bloomington,MN 55425 Minneapolis,MN 55440-1309 Attn.:Sales Representative,with a copy to the HealthPartners,Inc.Law Department,or if changed,as later designated by written notice to the Client If to Client: City of Golden Valley 7800 Golden Valley Road Golden Valley,MN 55427 Attn:Chantell Knauss,or if changed,as designated by written notice to HealthPartners,Inc. The SCHEDULE,°OEmployee Assistance Program,"is added: The undersigned City of Golden Valley acknowledges acceptance of the above-described changes. The Master Program Sales Agreement between Client and Seller will be deemed to be amended to the extent necessary to conform to the arrangements described in this document. ACCEPTED AND AGREED TO BY: CITY OF GOLDEN VALLEY HEALTHPARTNERS,INC. By: gy. Name• Name: Title• Title: Date• Date: 5612-MPSA AMD Rev. 1-11/Ed.Prepared by:CAK July 15,2011 1 SCHEDULE Employee Assistance Program Client Name: City of Golden Valley Client Group Number: 5612 Schedule Effective Date: January 1,2011 I. PROGRAM OFFERINGS HealthPartners,Inc.("HealthPartners")agrees to make available employee assistance services including confidential support for emotional,family,personal,work,or risk-related issues("Services"). Services will be available 24 hours a day,seven(7)days a week via telephone and web. HealthPartners will also provide promotional materials to encourage program usage and further describe Services. Services are subcontracted through Affmity Care,Inc.dba Horizon Health Care. Model Ontion chosen: Standard plus 1-3 face to face sessions. Covera�e Ontions chosen: All employees and their dependents. II. PROGRAM COST AND PAYMENT OPTIONS Billed monthly. '�Where EAP membership is based upon data obtained directly from the employer group(generally for non-HealthPartners members),HealthPartners will invoice the employer group utilizing the most updated list of employees received from the employer. Cost: $1.10 per employee per month. 5612-MPSA ANID Rev. 1-11/Ed.Prepared by:CAK July 15,2011 2 � , . Planning O �' �/� a, e/ 763-593-8095/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting August 3, 2011 Agenda Item 4. A. Continued Public Hearing - Ordinance #459 -Amending Section 11.23: Medium Density Residential Zoning District (R-3) Regarding Allowing High Density Senior and Physical Disability Housing as a Conditional Use Prepared By Joe Hogeboom, City Planner Summary The Planning Department proposes to amend Section 11.23: Medium Density Residential Zoning District (R-3) of City Code to allow high density senior and physical disability housing with a Conditional Use Permit (CUP). The R-3 Zoning District permits housing with a density of up to 12 units per acre. Under this proposal, senior and physical disability housing would not have a maximum density limit but rather would be regulated through the CUP process. This proposal would allow certain areas of the City to be zoned R-3, rather than R-4, and remain compliant with the Comprehensive Plan. The City Council discussed the Ordinance at the June 21, 2011 City Council Meeting and requested staff to make revisions to the Ordinance for review at the Council/Manager meeting. At the Council/Manager meeting the Council suggested additional amendments. Those amendments are reflected in the attached underlined/overstruck version of Section 11.23. Attachments Planning Commission Minutes dated May 9, 2011 (2 pages) Underlined/Overstruck Version of Section 11.23: Medium Density Residential Zoning District (R-3) (4 pages) Ordinance #459, Amending Section 11.23: Medium Density Residential Zoning District (R-3) Regarding Allowing Senior and Physical Disability Fiousing as a Conditional Use (2 pages) Recommended Action Motion to adopt Ordinance #459, Amending Section 11.23: Medium Density Residential Zoning District (R-3) Regarding Allowing Senior and Physical Disability Housing as a Conditional Use. Regular Meeting of the Golden Valley Planning Commission May 9, 2011 A gular meeting of the Planning mmission was held at the Golden Valley City Hall, Coun ' Chambers, 7800 Golden V Iley Road, Golden Valley, Minnesota, on Monday, May 9, 20 �F:_Chair Waldhauser ca ed the meeting to order at 7 pm. � Those present were - ing Com ission. 'Cera, Kisch, Kluchka, Schmidgall, Segelbaum and Waldhause� o pr��as Director of Planning and Development Mark Grimes, City Planner Joe H.. �� om, and Administrative Assistant Lisa Wittman. Commissioner McCarty was. `se t. 1. Approval of nutes Mar 28, 2011 Regular PI nning Commission Meeting M D by Cera, seconded by KI chka and motion carried unanimously to approve the arch 28, 2011 minutes as subm tted. 2. Informal Public Hearing —Zoning Code Amendment—Adding High Density Senior and Physical Disability Housing as a Conditional Use in the Medium Density (R-3) Residential Zoning District Section of City Code —ZO00-86 Applicant: City of Golden Valley Purpose: To allow higher density senior and physical disability housing with a Conditional Use Permit in the Medium Density (R-3) Residential zoning district � Hogeboom explained that as a result of the Comprehensive Plan update in 2008 there are several areas in the City designated for High Density Residential. There are two areas in particular that would have to be rezoned to High Density Residential (R-4) which might not be appropriate for the levels of traffic associated with a high density use. He stated the consensus of the City Council is that senior housing may be a good option for these areas because there is typically less traffic and it is not at peak hours. As a result, staff is recommending that the Zoning Code be amended to add High Density Senior and Physical Disability Housing as a conditional use in the Medium Density (R-3) zoning district so that these areas could be rezoned to R-3 instead of R-4. Grimes added that this proposed change allows the City to require a traffic study as part of the Conditional Use process which is another reason staff feels comfortable with this recommendation. Kisch asked if there were additional constraints considered beyond height limitations in the R-3 zoning district. Hogeboom said there aren't any additional tests that developments have to meet beyond the tests already required when considering a Conditional Use Permit application. Grimes stated that a development would still be subject to setback requirements, impervious surface requirements, parking requirements, and other R-3 zoning district requests when applying for a Conditional lJse Permit. Waldhauser opened the public hearing. Minutes of the Golden Valley Planning Commission May 9, 2011 Page 2 Larry Kueny, 7303 Ridgeway Road, said there is talk of a developer wanting to build senior housing at the corner of Harold and Winnetka. He said his main concern is if the developer owns the properties in question and if the property owners have been contacted by the City regarding the rezoning of their properties. He said he is also concerned about the area being "pigeon holed"for senior housing and he does not understand the process. Hogeboom explained that there is a developer who has an option to purchase six of the approximately 18 properties in the Harold and Winnetka area, but they have not submitted an application for development at this point. He explained that there will be a public meeting/open house for residents on June 23 and notifications will be mailed in advance of that meeting. The meeting will present road improvements far Harold Avenue and the impact of higher density housing on the proposed and existing street system. Seeing and hearing no one else wishing to comment, Waldhauser closed the public hearing. Waldhauser asked if the City could deny a request or place further restrictions such as height limitations on developments if they are required to obtain a Conditional Use Permit. Grimes stated that conditions could be added as part of the Conditional Use Permit application process. However, there would need to be good reasons and findings in order to deny an application. Waldhauser said the proposal seems to be a good solution to providing more housing options and will give the City more latitude and control when considering Canditional Use Permit applications. Segelbaum noted that the definitions for Senior Housing and Physical Disability Housing should be capitalized when they are used in the Zoning Code. MOVED by Cera, seconded by Kluchka and motion carried unanimously to recommend approval of amending the City Code to allow High Density Senior and Physical Disability Housing with a Conditional Use Permit in Section 11.23, Medium Density (R-3) Residential zoning district based on the following findings: • Senior and Physical Disability housing creates lower levels of traffic than does intergenerational housing. • Traffic generated from Senior and Physical Disability housing residents and employees typically occurs during off-peak times. • Dwelling units in Senior and Physical Disability housing can be smaller, on average, than dwelling units in intergenerational housing. (As would be the case in memory care and assisted living communities.) • Senior, Physical Disability, and lifecycle housing is identified in the Comprehensive Plan as a needed housing product type in the City of Golden Valley. • Allowing higher density Senior and Physical Disability housing to be built in the Medium Density Residential Zoning District (R-3) would provide more opportunities to increase the housing type in the City. § 11.23 Section 11.23: Medium Density Residential Zoning District (R-3) Subdivision 1. Purpose The purpose of the Medium Density Residential Zoning District (R-3) is to provide for medium density, housing (up to ten (10) units per acre with potential for twelve (12) units per acre with density bonuses) along with directly related and complementary uses. Senior and physical disability housing is permitted to a density in excess of twelve (12) units per acre or up to five (5) stories or sixty (60) feet in height with a Conditional Use Permit. Subdivision 2. District Estabiished Properties shall be established within the R-3 Zoning District in the manner provided for in Section 11.90, Subdivision 3 of this Chapter, and when thus established shall be incorporated in this Section 11.23, Subdivision 2 by an ordinance which makes cross-reference to this Section 11.23 and which shall become a part hereof and of Section 11.10, Subdivision 2 thereof, as fully as if set forth herein. In addition the R-3 Zoning Districts thus established, and/or any subsequent changes to the same which shall be made and established in a similar manner, shall be reflected in the official zoning map of the City as provided in Section 11.11 of this Chapter. Subdivision 3. Permitted Uses The following uses and no other shall be permitted in the R-3 Zoning District: A. Townhouses B. Two-family dwellings C. Multiple-family dwellings of up ta ten (10) units per acre with potential for twelve (12) units per acre with density bonuses D. Foster Family Homes E. Essential Services, Class I F. No more than one (1) kitchen area and one (1) kitchenette shall be permitted in each dwelling unit. Subdivision 4. Accessory Structures and Uses The following accessory structures and no others shall be permitted in R-3 Zoning Districts: _ A. Enclosed parking structures similar in construction and materials to the principal structure Golden Valley City Code Page 1 of 4 § 11.23 B. Storage structures similar in construction and materials to the principal structure not exceeding five hundred (500) square feet in area. No accessory structure shall be erected in the R-3 Zoning District to exceed a height of one (1) story, which is ten (10) feet from the floor to the top horizontal member of a frame building to which the rafters are fastened, known as the top plate. C. Private indoor and outdoor recreational facilities, including but not limited to swimming pools and tennis courts D. Underground parking structures E. Other Accessory Structures, as defined in Section 11.03. F. Setback requirements. The following structure setbacks shall be required for all enclosed ,parkina structures and other accessory uses in the R-3 Zonina District. 1. Front Setback. The required minimum front setback shall_be twentv-five ,�25) feet from an�front property line along a street riaht-of-way line. 2. Side and Rear Yard Setback. The required minimum side and rear setback for enclosed parking structures shall be thirty (30) feet when abutting anX R-1 Zoning District and twenty (20) feet in all other instances. The required minimum side and rear setback for other accessory uses shall be fifteen 15) feet. G. Separation Between Structures. Accesso� structures shall be located completely to the rear of the princi�al structure and no less than ten (10) feet from any qrincipal structure and from any other accessory structure, Subdivision 5. Conditional Uses The following conditional uses may be allowed after review by the Planning Commission and approval by the Council following the standards and procedures set forth in this Chapter: A. Residential facilities serving twenty-five (25) or more persons. B. Group Foster Homes E C. � Senior and physical disability housing to a density in excess of twelve (12) units per acre or up to five (5) stories or sixty (60) feet in height D. � Retail sales, Class I and II restaurant establishments, and professional offices within principal structures containing twenty (20) or more dwelling units when located upon any minor or major arterial street. Any such sales; Golden Valley City Code Page 2 of 4 § 11.23 establishment or office shall be Iocated only on the ground floor and have direct access to the street. Subdivision 6. Buildable Lots In the R-3 Zoning District a lot of a minimum area of fifteen thousand (15,000) square feet shall be required for any principal structure. A minimum lot width of one hundred (100) feet at the front setback line shall be required. Subdivision 7. Corner Visibility All structures in the R-3 Zoning District shall meet the requirements of the corner visibility requirements in Chapter 7 of the City Code. Subdivision 8. Easements No structures in the R-3 Zoning District shall be located in dedicated public easements. Subdivision 9. Maximum Coverage by Building and Impervious Surfaces Structures, including accessory structures, shall not occupy more than forty percent (40%) of the lot area. Total impervious surface on any lot shall not exceed sixty percent (60%) of the lot area. Subdivision 10. Principal Structures Principal structures in the R-3 Zoning District shall be governed by the following requirements: A. Setback Requirements. The following structure setbacks shall be required for principal structures in the R-3 Zoning District. 1. Front Setback. The required minimum front setback shall be twenty-five (25) feet from any front property line along a street right-of-way line. An open front porch for each building, with no screens, may be built on the graund level to within seventeen (17) feet of a front property line along a street right-of-way line. 2. Side and Rear Yard Setback. When directly abutting any R-1 Zoning District, the required side and rear yard setback shall be thirty (30) feet. In all other instances, the required side and rear yard setback shall be twenty (20) feet. B. Maximum Density. Dwelling units shall not be built at a rate greater than ten (10) units per acre, unless they meet the provisions of Subdivision 12. C. Height. No building shall exceed four (4) stories or forty-eight (48) feet in height, whichever is less. Senior and physical disability housing with a Conditional Use Permit shall not exceed five (5) stories or sixty (60) feet in height. Golden Valley City Code Page 3 of 4 § 11.23 *Subdivision 11 language is being retained and combined with Subdivision 4 (See Subdivision 4, paragraphs F and G) �ses � . fi�fi-.....-. /1 C\ F....a� ---'--•' �—='i •---_ T . Subdivision 11. 3�. Density Bonus Multiple Family dwellings providing sidewalks as required by the City shall be granted one (1) of the following density bonuses. A. Underground Parking. The provision of one (1) or more underground parking space per dwelling unit shall increase the maximum allowable density by two (2) units per acre. B. Public Transit. Scheduled public transit route within one thousand (1000) feet of the primary entrance accessed by public sidewalk shall result in an increase in the maximum allowable density by one (1) unit per acre and reduce required parking to one and one half (1.5) spaces per dwelling. C. Recreation. Indoor or outdoor recreation facilities such as swimming pools, porches, tennis courts, or other facilities requiring a substantial investment equaling at minimum five percent (5%) of the construction cost of the principal structure shall increase the maximum allowable density by two (2) units per acre. Golden Valley City Code Page 4 of 4 ORDINANCE NO. 459, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Amending Section 11.23: Medium Density Residential Zoning District (R-3) Regarding Allowing Senior and Physical Disability Housing as a Conditional Use The City Council for the City of Golden Valley hereby ordains as follows: Section 1. City Code Section 11.23 Subdivision 1 is amended to read as follows: Subdivision 1. Purpose The purpose of the Medium Density Residential Zoning District (R-3) is to provide for medium density housing (up to ten (10) units per acre with potential for twelve (12) units per acre with density bonuses) along with directly related and complementary uses. Senior and physical disability housing is permitted to a density in excess of twelve (12) units per acre or up to five (5) stories of sixty (60) feet in height with a Conditional Use Permit. Section 2. City Code Section 11.23 Subdivision 3(C) is amended to read as follows: C. Multiple-family dwellings of up to ten (10) units per acre with potential for twelve (12) units per acre with density bonuses Section 3. City Code Section 11.23 Subdivision 4 is amended by deleting it in its entirety and adding a new Subdivision 4 to read as follows: Subdivision 4. Accessory Structures and Uses The following accessory structures and no others shall be permitted in R-3 Zoning Districts: A. Enclosed parking structures similar in construction and materials to the principal structure B. Storage structures similar in construction and materials to the principal structure not exceeding five hundred (500) square feet in area. No accessory structure shall be erected in the R-3 Zoning District to exceed a height of one (1) story, which is ten (10) feet from the floor to the top horizontal member of a frame building to which the rafters are fastened, known as the top plate. C. Private indoor and outdoor recreational facilities, including but not limited to swimming pools and tennis courts D. Underground parking structures E. Other Accessory Structures, as defined in Section 11.03. F. Setback requirements. The following structure setbacks shall be required for all enclosed parking structures and other accessory uses in the R-3 Zoning District. 1. Front Setback. The required minimum front setback shall be twenty-five (25) feet from any front property line along a street right-of-way line. 2. Side and Rear Yard Setback. The required minimum side and rear � setback for enclosed parking structures shall be thirty (30) feet when abutting any R-1 Zoning District and fin+enty (20) feet in all other instances. The required minimum side and rear setback for other accessory uses shall be fifteen (15) feet. G. Separation Between Structures. Accessory structures shall be located completely to the rear of the principal structure and no less than ten (10) feet from any principal structure and from any other accessory structure. Section 4. City Code Section 11.23 Subdivision 5 is amended by deleting paragraph C, adding a new paragraph C to read as follows, and re-lettering accordingly. C. Senior and physical disability housing to a density in excess of twelve (12) . units per acre or up to five (5) stories or sixty (60) feet in height Section 5. City Code Section 11.23 Subdivision 10(C) is amended to read as follows: C. Height. No building shall exceed four (4) stories or forty-eight (48) feet in height, whichever is less. Senior and physical disability housing with a Conditional Use Permit shall not exceed five (5) stories or sixty (60) feet in height. Section 6. City Code Section 11.23 Subdivision 11 is deleted in its entirety. Section 7. City Code Section 11.23 Subdivision 12 is amended by renumbering it Subdivision 11. Section 8. 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 9. This Ordinance shall take effect from and after its passage and publication as required by law. Adopted by the City Council this 3rd day of August 2011. /s/Linda R. Loomis Linda R. Loomis, Mayor ATTEST: /s/Susan M. Virniq Susan M. Virnig, City Clerk ��' � � � �' ,,, Planning `' �� , e 763-593-8095/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting August 3, 2011 "60 Days" Deadline: August 20, 2011 Agenda Item 4. B. Continued Public Hearing - Ordinance#466 -Approval of Amended Conditional Use Permit#119 -Amendment#2 - 800 Boone Avenue North - DRAM Properties, LLC, Applicant Prepared By Joe Hogeboom, City Planner Summary The Planning Commission has unanimously recommended approval to amend Conditional Use Permit No. 119 to allow the expansion of the adult daycare facility at 800 Boone Avenue North. The proposed expansion would allow the facility to be licensed for up to 265 clients. The use of the property as a daycare facility is consistent with the Comprehensive Plan and the zoning designation for the site. The following conditions are included in the amended Conditional Use Permit: 1. All signage shall meet the requirements of the City's Sign Code. The Golden Ballroom sign shall be removed immediately. 2. The site plan prepared by Buetow and Associates and dated May 6, 2011 and titled "Existing Site Plan" shall become a part of this approval. 3. The adult day care shall be limited to the amount of clients specified by the Minnesota Department of Human Services. 4. The hours of normal operation shall be from 7 am to 5:30 pm with the exception of occasional evening social functions. 5. All improvements to the building shall meet the City's Building Code requirements. 6. All necessary licenses shall be obtained by the Minnesota Department of Human Services and the Minnesota Department of Health before adult daycare operations may commence. Proof of such licensing shall be presented to the Director of Planning and Development. 7. All outdoor trash and recycling containers shall be screened in a manner acceptable to the Inspections Department. 8. The trailer used for storage and other temporary storage buildings shall be removed from the site immediately. 9. Inflow and Infiltration rehabilitation compliance shall be completed within 90 days of the approval of the amended CUP. If the work is not completed by that time, the City has the right to use the posted escrow to complete the work. 10.The applicant shall provide an onsite bicycle rack allowing parking for a minimum of five bicycles. 11.The requirements found in the memo to Mark Grimes, Director of Planning and Development, from Ed Anderson, Deputy Fire Marshal, and dated May 17, 2011 shall become a part of these requirements. 12.A11 other applicable local, state and federal requirements shall be met at all times. Attachments Location Map (1 page) Planning Commission Minutes dated June 13, 2011 (4 pages) Memo to Planning Commission dated June 8, 2011 (5 pages) Memo from Deputy Fire Marshal Ed Anderson dated May 17, 2011 (1 pages) Applicant's Narrative (1 page) Original Conditional Use Permit 119 (1 page) Site Photos (3 pages) Site Plan (1 page) Ordinance #466, Approval of Amended Conditional Use Permit No. 119, Amendment 2, 800 Boone Avenue North, DRAM Properties, LLC, Applicant (2 pages) Recommended Action Motion to adopt Ordinance #466, Approval of Amended Conditional Use Permit No. 119, Amendment 2, 800 Boone Avenue North, DRAM Properties, LLC, Applicant. � a � � �!I._l._.J.'L—._J_J�� i � ? � m � a– – Winsaa►e 5c- - --F j�-`S"�,3�K,"�',o�l s+' � i w� � ` � I � ��-.` 2 '� s � � m $� c Q� �� a t a p � °z i � -•• ��,�r, �`"'q WeSf@y Park , � ; Finott sf_`� m � g � �'r �e' ,pLk'� i ! i E - z m. � I �m � ;� �� " 'y. dj ' u� z� t � o - � � - - ! 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Also esent was�= ' � or of Planning and Development Mark Grimes and City Joe o � ,�- 1. Approval of Minute May 9, 2 egular Plann g Commission Meeting MOV y Cera, seconded by KI chka and motion carried to alpprove the May 9, 2011 es as submitted. McCarty abstained from voting per his absence on May 9. 2. Informal Public Hearing — Conditional Use Permit Amendment— 800 Boone Ave N — CU-119 Amendment#2 Applicant: DRAM Properties (Legacy Adult Daycare Inc.) Purpose: To allow for the expansion of the existing adult daycare use within the same bu�ilding for property located in the Light Industrial Zoning District. Grimes.introduced the applicant and explained that the applicant intends to expand the adult day care facility at 800 Boone Ave. The expansion would allow the facility to eventually hold 265 persons, aS:per State requirements. Grimes stated that the existing CUP only allows the facility to serve up to 70 clients or the amount that is specified by the State. He stated`'that th�applicant has another adult daycare facility in Golden Valley. The facility on �oone,Ave;opened in 2007. Grimes explained that one of the tenants in the building, Leeds, Inc, recently vacated 12,500 sq. ft. of space allowing the daycare business to expand. Waldhauser asked if there are immediate plans to accept new clients to the facility. Grimes said that he believed there were not and suggested that the Commission discuss that matter with the applicant. McCarty questioned why an Inflow and Infiltration inspection was required for this current amendment but was not required for the original Conditional Use Permit approval. Grimes stated that policy was not in place at the time of original approval that required Inflow and Infiltration inspections to be completed. McCarly asked Grimes to clarify the inspection process and timeline. Grimes explained that once the records of the inspection are reviewed by the City, the City may request immediate action to correct faults in the sewer line, or it may allow the applicant to deposit escrow funds for later correction. Grimes stated that the matter is handled by the City's Public Works Department and is not a zoning issue. Minutes of the Golden Valley Planning Commission June 13, 2011 Page 2 Kisch questioned how the State determines the occupancy load for the daycare facility. Grimes stated that the total occupancy load for the building is determined by the State Building Code and that the occupancy load for the daycare facility is determined by the Minnesota Department of Human Services. Grimes explained that building size, number of employees and number of bathroom facilities factor into that decision. McCarty asked if the Conditional Use Permit is valid for the entire building or only the portion currently occupied by Legacy Adult Daycare, Inc. Grimes stated that the current Conditional Use Permit is valid for only the original space occupied by Legacy Adult Daycare, Inc., but the amendment will validate the Conditional Use Permit for the entire building. Kluchka inquired about the need to limit the number of clients in the Conditional Use Permit. Grimes stated that the number of clients could be removed from the Conditional Use Permit, as it is regulated by the Building Code and the Minnesota Department of Human Services. Segelbaum stated that he feels that the total number of clients should not be stated in the Conditional Use Permit. Kluchka asked if there is a need for a designated bus parking area on the site. Grimes stated that the occupant has expressed an interest in creating a drop-off area for busses on the site but that no loading area will be aonstructed on the street. Kluchka questioned if there is need to address bus storage in the Conditiona,l: Use Permit. Grimes stated that he feels that is not necessary and that he has not seen bus parking to be a problem on the site. Randy Engle, architect with Buetow,and'Associates, Inc., introduced himself and stated that he was hired by the property owner to create plans for the daycare expansion. Engle stated that the occupancy load of the building is determined by the calculation of 35 sq. ft. per client as well as the number of plumbing features on the site. David Olshansky, president of DRAM Properties, Inc., introduced himself and described his business model. He stated #hat the business serves mostly elderly Southeast Asian immigrants between the hours of roughly 9 am — 3 pm, Monday through Friday. Olshansky stated that the facility currently serves around 70 total clients, but all clients are not typic��y in the building at the same time, as the daycare service offers frequent client field`trips'to shopping centers, casinos, the YMCA, and other destinations. Segelbaum asked if there are any logistical concerns of adding more clients to the facility. Olshansky stalted that the building can accommodate more people, so he does not anticipate any logistical issues related to the proposed expansion. Olshansky also stated that there are multiple entries into the building, so clients do not have to wait to enter the facility when they are dropped-off. Waldhauser asked if there were any plans with the east end of the property. Olshansky stated that he intends to develop a garden for clients in that location. Minutes of the Golden Valley Planning Commission June 13, 2011 Page 3 Kisch asked if the site frequently holds parties and banquets. Olshansky estimates that the site holds approximately eight banquets per year, and that he has no plans on increasing the number of banquets at the site. Waldhauser opened the public hearing. Seeing and hearing no one wishing to comment, Waldhauser closed the public hearing. Kluchka stated that the he supports removing reference to the number of clients served in the Conditional Use Permit language, instead replacing it with language that defers the maximum client load to the Minnesota Department of Human Services. Cera asked if there were any issues or concerns with the banquets that are held on the site. Grimes stated that there have not been any issues because the banquets serve only clients and employees of the business. Grimes stated that banquet facilities that are open to the public are prohibited in the Light Industrial Zoning District. Waldhauser questioned the outside storage facilities and dumpsters on the site and questioned whether or not they are required to be screened. Grim�s stated that the dumpster must be screened, and that he has required that the temporary outside storage facilities be removed from the site by August 1. Kluchka asked for clarification about whether or not the Conditional Use Permit applies to the entire property or just the portion of the property currently occupied by Legacy Adult Daycare. Grimes noted that the Conditional Use Permit amendment will make the permit applicable to the entire property. Kisch asked if another adult daycare business could occupy at the location under the current Conditional Use Permit. Grimes stated that it could. Grimes also stated that the building could be used for o�her uses permitted in the Light Industrial Zoning District if Legacy Adult Daycare vacated #he premises. Segelbaum recited the ten factvrs in City Code used to determine findings for a Conditional Use Permit.� Grimes suggested adding bicycle parking as a requirement to the Conditional Use Permit. The Commission agreed with this suggestion. MOVEQ by Kluchka, seconded by McCarty and motion carried unanimously to recommend approval of amending Conditional Use Permit CU-119, 800 Boone Ave N., to allow for the'adult daycare center to serve a total number clients specified by the Minnesota Department of Human Services subject to the following conditions: 1. All signage must meet the requirements of the City's sign code. The Golden Ballroom sign shall be removed by August 1, 2011. 2. The site plan prepared by Buetow and Associates and dated May 6, 2011 and titled "Existing Site Plan" shall become a part of this approval. 3. The adult day care shall be limited to the amount specified by the Minnesota Department of Human Services. Minutes of the Golden Valley Planning Commission June 1�, 2011 Page 4 4. The hours of normal operation shall be from 7 am to 5:30 pm with the exception of occasional evening social functions. 5. All improvements to the building must meet the City's Building Code requirements. 6. All necessary licenses must be obtained by the Minnesota Department of Human Services and the Minnesota Department of Health before adult daycare operations may commence. Proof of such licensing must be presented to the Director of Planning and Development. 7. All outdoor trash and recycling containers must be screened in a manner acceptable to the Inspections Department. 8. The trailer used for storage and other temporary storage buildings must be removed from the site no later than August 1 2011. • 9. An Infiltration and Inflow Inspection and required compliance rehabilitation identified by the inspection must be completed prior to approval of the,:amended`CUP by the City Council. If the rehabilitation cannot be completed by th°e time;of'the approval of the amended CUP by the City Council, DRAM Properties may post an escrow in a form approved by the Director of Public Works of 125% of the estimated cost to complete the rehabilitation work. The work must be done within 90 days of approval of the amended CUP by the City Council. If the work is not completed by that time the City has the right to use the escrow to complete the work. 10. The applicant will provide an onsite bicycle rack allowing parking for a minimum of five bicycles. 11. The requirements found in the memo to Mark Grimes, Director of Planning and Development, from Ed Anderson, Deputy Fire Marshal, and dated May 17, 2011 shall become a part of these requirements. 12. All other applicable local state and federal�requirements shall be met at all times. The Planning Commission bases its°recommendation on the following findings: • The proposed expansion of adult daycare at this location is consistent with the General Land Use Plan map and zoning for this area. • There is an increasing need for adult daycare senrices, especially with the large and growing number of adults in Golden Valley and the metro area over 65 years of age. • Legacy Adult Daycare is an experienced provider of adult daycare services. • The site provides adequate parking, access and amenities for the clients and office uses in the;building. Inform`al Public Hearing — oning Code Text Amendment—Amending 'Variance-Related Langua e in Section 11.90: Administration of Cifiy Code — 00-87 Applic City of Gol n �� Purpose: en the standards for granting variances due to recent �gisla �' regarding "practical difficulties." Hogebo discussed rece legisla ' . that changes standards for granting variances. He ed that, in respons to a 2010 S� Supreme Court decision, a new law was ' - 1,a . � �aj` �, . � - ;3 � Planning 763-593-8095/763-593-8109 (fax) Date: June 8, 2011 To: Planning Commission From: Mark W. Grimes, Director of Planning and Development Subject: Informal Public Hearing on Amended Conditional Use Permit (CUP-119) to Allow for Expansion of Legacy Adult Day Care at 800 Boone Avenue — David N. Olshansky (President, DRAM Properties, Inc.), Applicant Background and Description of Existing and Proposed Uses Mr. David N. Olshansky, president of DRAM Properties, Inc. has requested an amendment to the existing Conditional Use Permit (CUP) No. 119 in order to expand the existing adult day care facility at 800 Boone Avenue. The expansion in space would eventually allow the State to license the facility for up to 265 persons. Currently, they are licensed to have up to 170 persons. (The existing CUP states that the day care is limited to 70 clients or the amount specified by the State. The State recently increased to number allowed from 70 to 170 in the space designated in the CUP. This was also approved by city staff.) The existing adult day care has operated successfully since it was approved in 2007. The building at 800 Boone Ave. N. is owned by DRAM Properties and is 42,655 sq. ft. in area. The original CUP allowed DRAM Properties to operate the adult day care in about 20,000 sq. ft. of the building. The proposed amendment to the CUP would allow DRAM to use the entire building for adult day care and offices for Home Health Care when the current tenant (Leeds) vacates the building. Currently, there are three tenants in the building. First, Legacy Adult Day Care (owned by Mr. O�shansky and formally called Heartland Day Care) occupies about 13,900 sq. ft. of the building. This adult day care use was approved by the original CUP for 70 adults or a number approved by the State based on size and capacity of Legacy Adult Day Care. About 5,300 sq. ft. of the building is occupied by the o�ce headquarters for Health Care Plus, Inc. Health Care Plus is also owned by Mr. Olshansky. Health Care Plus provides home health care services to seniors and employs 50 or so people in this office space. Until recently, Leeds, Inc. occupied about 23,500 sq. ft. of the building. Leeds has reduced their size to 10,970 sq. ft. of office and warehouse space. The remaining 12,500 sq. ft. of the building formally occupied by Leeds is to be used for expansion by Legacy Adult Day Care. When Leeds ends its lease with DRAM Properties, the remaining space now occupied by Leeds will be converted to Legacy Adult Day Care. At that time the entire building would be occupied by either Legacy Adult Day Care or Health Care Plus offices. Legacy Adult Daycare now employs approximately 15 people and serves between 60 to 70 elderly clients although they are licensed by the State to care for 165. At this time, the clients are primarily Chinese and Southeast Asian. The plan is to expand Legacy to serve additional members of those groups. The day care space includes a dining area, a kitchen, activity rooms and several restrooms for its facility. Regular hours of operation are from 7 am to 5:30 pm; however, the majority of clients are there from 9 am to 3 pm. Almost all of the clients come to the day care on small busses. There may be some after-hour events that serve the clients of Legacy Adult Day Care or Health Care Plus. The City Council approved a similar CUP, issued to DRAM Properties, on November 5, 2003 for the operation of an adult daycare at 4949 Olson Memorial Highway. The adult day care has successfully occupied this location with no violations of the CUP. The adult day care on Olson Memorial Highway primarily serves Russian clients. The building at 800 Boone Avenue was constructed in 1973. It is located in the Light Industrial zoning district. The site is guided for light industrial uses in the Comprehensive Plan. Leeds Precision Instruments, a microscope manufacturing company, is currently located in a separate area of the building and occupies about 10,900 sq. ft. Individual access would be provided for the proposed adult day care facility. Legacy Adult Day Care occupies about 13,900 square feet in the northern and western portion of the building. An additional 5,300 square feet of the northern portion of the building is used as office space for Home Health Care, Inc. The Zoning Code requires one parking space for five clients for adult day care. The building at 800 Boone Avenue currently has 162 parking stalls. If the building was entirely adult day care serving 265 clients, the number of required stalls would be 54. However, with the building also has about 5,300 sq. ft. of office space for Home Health Care Plus and 10,900 sq. ft. of office space for Leeds for a total of 16,200 sq. ft. of office space. This amount of office space requires 65 parking spaces (one space for each 250 sq. ft. of office space). Office space requires one space for each 250 sq. ft. With the 162 total spaces, the amount of parking on site greatly exceeds the parking requirement of 119 spaces (54 for adult day care and 65 for office space). When Leeds leaves the building and the entire space is converted to adult day care, the parking requirement will be reduced to 75 spaces (54 spaces for adult day care and 21 spaces for the 5,300 sq. ft. of office space for Home Health Care). I have visited the site and found more than adequate parking. I was told by Mr. Olshansky that all the clients come to the site on small busses. The busses either drop the clients off in front of the property along Boone Ave. or in the parking lot to the south of the building. The parking lot is used by employees of Home Health Care Plus or Leeds. There are a couple of concerns about the use of the parking lot that will be addressed in the amended CUP. First, all dumpsters must be screened as required by the Zoning Code. They are currently unscreened. The applicant has agreed to do this prior to approval of the CUP by the City Council. Second, there are two storage containers that are located an site. One is rented from a storage container company and is owned by Leeds. The second is a 53 ft. trailer that is parked at the northeast corner of the building. It is used for the storage of tables and chairs owned by DRAM for use in the building. The City does not permit temporary storage buildings unless they are used for a short period of time related to construction. If extra space is needed, the building should be expanded. These two temporary storage structures do not meet the City's building code and should be removed. The purpose of a trailer is to bring a product to a building and then move the trailer after the product is removed. A trailer is not intended for permanent storage. When the City issues a CUP, it has the right to require an Inflow and Infiltration (I and I) inspection to determine if there is improper seepage of clear water into the sanitary sewer system. If there is such seepage due to failure of the pipe system from the building to the City's sewer system, the failure must be corrected in order that clear water is not going into the sanitary sewer system. (The City has been required to address this infiltration and inflow issue by the Metropolitan Council's Environmental Services division that operates the sewer plants for the metro area. Golden Valley has been identified with other cities with an inflow and infiltration problem and has been required to correct the problem. In addition to correcting the problem on the City's sanitary sewer pipes, the City must also require that leaking private pipes be fixed to eliminate inflow of clear water into the system that does not require treatment at a sewer plant. By reducing inflow and infiltration, it will delay the construction of additional sewer plants in the metro area.) Because there is a proposed change of use from office to adult day care, the City has required that a I and I inspection be done and that if there are improvements needed to the private system, they will have to be made prior to approval of the amended CUP by the City Council or an escrow of 125% of the cost submitted to the City to guaranty the work is done within 90 days of the approval of the amended CUP by the City. At this time, staff has not gotten the results of the I and I inspectian. The owner has asked that this requirement to improve the private sanitary sewer lines be delayed until Leeds vacates the entire building. The building to the north of the DRAM Property (830 Boone Avenue) is a 152,500 square foot building is owned by Interkey Properties LLC, and is an office/warehouse building. The building to the south of the property, located at 750 Boone Avenue, is occupied by the offices of Peterson, Beyenhof and Zahler, Ltd., CPAs. Across the street to the west, Billboard Planet and Performance in Motion occupy space. Bassett Creek is located directly east of the �roperty. There are currently four "for-lease" signs along Boone Avenue between 7t" and 10t Avenues. The traffic signal at the intersection of Boone Avenue and Highway 55 provides good access to the site. Golden Valley Road and 10th Avenue also provide adequate access to the site. There is a sign in front of the building that identifies one of the tenants as the "Golden Ballroom". Staff has asked that this sign be removed because this type of facility is not permitted. Mr. Olshansky has agreed to remove the sign. There has been some concern that the facility has been used for events such as weddings and parties. I have been assured by Mr. Olshansky that the rooms are not rented out for events. The only events that occur on the site are related to Legacy Adult Day Care or Home Health Care Plus. Examples may be an employee party, birthday or anniversary party of a client, etc. Analysis of Ten Factors The Planning Commission must make findings on ten factors when reviewing a CUP application. They are as follows with staff comment: 1. Demonstrated Need of the Use: The City requires that an applicant identify a market for the proposed good or service necessitating a CUP. DRAM Properties has demonstrated that there is a need for adult day care by operating finro facilities in Golden Valley: 2. Consistency with the Comprehensive Plan: The General Land Use Plan Map depicts the proposed site as long-term light industrial use. Adult day care centers, through conditional use, are compliant with this land use designation. The building will also be used for office space which is consistent with the light industrial designation. 3. EfFect on Property Values in the Area: Staff does not believe the approval of this amended permit will negatively affect property values in the area. The site is located in an industrial area and is separated to an adjacent Residential zvning district by Bassett Creek. The existing use has a no negative impacts on the area. 4. Effect of Use on Traffic in the Area: Generally, clients utilizing the daycare will arrive via bus, reducing the number of trips made to and from the facility. Typically only employees and visitors would arrive by car. 5. Effect of Increases in Density or Population on the Area: The proposed use will not increase the population of the area. Since this use is non-residential, only the daytime population of Golden Valley would be effected. 6. Increase in Noise Created by Use: Noise impacts created by this proposed facility should not extend beyond the site. Minimal additional noise can be expected by busses transporting clients. � 7. Any Dust, Odor or Vibration caused by Use: No such problems are expected to be caused by this proposal. 8. Any Increase in Animal Pests Caused by the Use: The nature of this facility does not contribute to the,existence of pests in anyway. 9. Visual Appearance of the Use: The exterior of the building will not be affected (other than signage) with the proposed use. 10.Other Effects of the Use: Staff does not anticipate any other negative effects of the proposed use. Recommended Action: Staff recommends approval of the amended Conditional Use Permit allowing an adult day care center serving up to 265 clients (or an amount specified by the Minnesota Department of Human Services.) The day care facility is to be operated by Legacy Adult Daycare, a subsidiary of DRAM Properties. Leeds Inc. will remain in the building until their lease expires. At that time, the entire building will be converted Legacy Adult Day Care and the offices for Home Health Care Plus, both owned by DRAM Properties. The approval of the amended Conditional Use Permit is subject to the following conditions: 1. All signage must meet the requirements of the City's sign code. The "Golden Ballroom" sign shall be removed by August 1, 2011. 2. The site plan prepared by Buetow and Associates and dated May 6, 2011 and titled "Existing Site Plan" shall become a part of this approval. 3. The adult day care shall be limited to 265 clients, or the amount specified by the Minnesota Department of Human Senrices and approved by staff. 4. The hours of normal operation shall be from 7 am to 5:30 pm with the exception of occasional evening social functions. 5. All improvements to the building must meet the City's Building Code requirements. 6. All necessary licenses must be obtained by the Minnesota Department of Human Services and the Minnesota Department of Health before adult daycare operations may commence. Proof of such licensing must be presented to the Director of Planning and Qevelopment. 7. All outdoor trash and recycling containers must be screened in a manner acceptable to the Inspections Department. 8. The trailer used for storage and other temporary storage buildings must be removed from the site no later than August 1, 2011. 9. An Infiltration and Inflow Inspection and required compliance rehabilitation identified by the inspection must be completed prior to approval of the amended CUP by the City Council. If the rehabilitation cannot be completed by the time of the approval of the amended CUP by the City Council, DRAM Properties may post an escrow (in a form approved by the Director of Public Works) of 125% of the estimated cost to complete the rehabilitation work. The work must be done within 90 days of approval of the amended CUP by the City Council. If the work is not completed by that time, the City has the right to use the escrow to comptete the work. 10. The requirements faund in the memo to Mark Grimes, Director of Planning and Development, from Ed Anderson, Deputy Fire Marshal and dated May 17, 2011 shall become a part of these requirements. 11. All other applicable local, state and federal requirements shall be met at all times. Staff recommends the following findings for approval of the amended CUP: 1. The proposed expansion of adult day care at this location is cansistent with the General Land Use Plan map and zoning for this area. 2. There is an increasing need for adult day care services, especially with the large and growing number of adults in Golden Valley and the metro area over 65 years of age. 3. Legacy Adult Day Care is an experienced provider of adult day care services. 4. The site provides adequate parking, access and amenities for the clients and office uses in the building. Attachments Location Map (1 page) Memo from Deputy Fire Marshal Ed Anderson dated May 17, 2011(1 page) Project Narrative (1 page) Original Conditional Use Permit 119 (1 page) Site Photos (3 pages) Site Plan (1 page) Cit,y. 41 � Q �n �, e Fire Department F i re D e p a rt m e n t 763-593-8065/763-593-8098 (faxl To: Mark Grimes, Director of Planning and Zoning From: Ed Anderson, Deputy Fire Marshal Subject: Conditional Use Permit Amendment, 800 Boone Avenue North Date: May 17, 2011 I have reviewed the conditional use permit amendment information packet for the Dram property located at 800 Boone Avenue North. Listed below are the fire department comments for fire life safety requirements. 1. The current fire alarm system located in the proposed adult daycare area shall meet the required fire alarm system and protection in accordance with the Minnesota State Fire Code related to the change of use to the occupancy. 2. The current fire suppression system located in the proposed adult daycare area shall meet the required fire suppression system protection in accordance with the Minnesota State Fire Code related to the change of use to the occupancy. 3. Fire extinguishers shall be installed in accordance with the Minnesota State Fire Code and related to the change of use to the occupancy. 4. The current fire department access road for the building shall be maintained in accordance with the Minnesota State Fire Code. The access road starting from Boone Avenue and throughout the parking lot shall be 20 feet minimum and required turning radius. 5. Serving kitchens shall be constructed and maintained in accordance with Fire Code. If you have any questions, please contact me at 763-593-8065, or my e-mail address, eanderson�ci�golden-valley.mn.us ealj l BUETOW AND ASSOCIATES INC AN ARCHITECTURAL SERVICES COMPANY 2345 Rice Street Suite 210 St. .Paul. Mlnnesota 65113 Project Description Summary RE: Legacy Adnit Day Care,Inc. 800 Boone Avenne North Golden Valley,Minnesota 55427 BA Commission Nnmber 1118 Regarding the Owner's Applicallon for an Amended Conditional Use Permit: 1.0 The existing Site occupies approximately 152,000 gross square feet or 35 acres. 2.0 The existing Building's `site footprint' is approximately 42,475 gross square feet. 3.0 The existing number of off-street parking stalls numbers 162 of which 6 are accessible. Those accessible parking stalls have,apparently,been previously approved by the City of Golden Valley as `accessible' in accordance with current applica.ble provisions of the Minnesota State Building Code. 4.0 The existing Building is cunently utilized as follows: •Legacy Adult Day Care,Inc.occupies approximately 19,000 gross square feet of floor area. •Light Industrial Facility Tenant(Leeds Precision Instruments,Inc.)occupies approximately 10,970 gross squaze feet of floor azea. •Recently vacated space comprises approximately12,500 gross square feet of floor area. 5.0 Legacy Adult Day Care, Inc. is now being approved by the Minnesota Department of Human Services to provide Adult Day Care Services to 166 individuals. 6.0 Legacy Adult Day Care, Inc., under the auspices of this Amended Conditional Use Permit Application, intends to eventually provide Adult Day Caze Services to 270 individuals within the entire conf'ines of the exisring building. 7.0 Legacy Adult Day Care, Inc., under the auspices of this Amended Conditional Use Permit Application,does not intend to expand or materially alter the existing building. Telephone (651)483-6701 www.buetowarchltects.com CITY O� GOLDEN VALLEY CONDITIONAL USE PERMIT fdo. CU-119 Date of Approval: November 20. 2007 by the City Council in accordance with Sec. 11.10. Subd. 2 and Section 11.30 of City Code Issued To: Heartiand Adult Daycare a subsidiar,�r,of DRAM Properties. 1nc. Approved Location: 800 600ne Avenue North, Golden Valley, MN _ Approved Conditional Use: To allow for an adult day care center in the Liqht Industrial zoninq district. Conditions of Approval: 1. The site plan prepared by Joseph Buslovich Architects, dated August 22, 2007 shall become a part of this approval. 2. The adult day care shali be limited to 70 clients, or the amount specified by the Minnesota Department of Human Services and approved by staff. 3. The hours of normal operation shall be from 7 am to 5:30 pm with the exception of occasional evening social functions. � 4. All improvements to the building must meet the City's Building Code requirements. . 5. All signage must meet the requirements of the City's sign code. 6. All necessary licenses must be obtained by the Minnesota Department of Human Services Health before adult daycare operations may commence. Proof of such licensing must be presented to the Director of Planning and Development. 7. All other applicable local, state and federal requirements shall be met at all times. 8. Failure to comply with one or more of the above conditions shall be grounds for revocation of the conditianal use permit. Warning: This permit does not exempt you from all other city code provisions, �egulations, and ordinances. 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V � v � "�� w � � a y J 1 � il�lfw : � � �� I Y � N W J ,� � � Q J I � �� ' O R+n'.n wg � � 5 a m~ i � o � �� o =�< � � � � � 4 � �`�� W ~ ~U� � J J N<H � � � ) 3�s; c� _ �'°� L �.1� !�� ' � � w � r � � ;g �a; � ° oj �'� „ mo, I � TVM 13dVtlVd`JN11SI%3 c� mm wo' V � ' V V\i � o Z �x y_, � W U . . � N up Ux � � � -�; � � �' �Y Nai I p �; i/IWO ; . . . . . � � >N W�j� O W� � � a I � � � � -- -- �� a� � , � � o � � �� .. . ... . �. .. ,. . . � � � o. , ., .. . . . ., .+ � ' i e�6 .' . - -- � ��i-i��• i I'' w ' � � � � �----------------------------- ------------- ------- ---------------- --------' �� ` � � � ; !� Z � � � � �a 'j �� _�a 3� �� tl � a �� a �o p� in� �� nG+ W Wo Q li1 H o< � N�- y �h LSw 2z� �u� �N �m= � �- Q w °oN LL �o � � p q �� IQ< U� 0 N Nv? � Nm __�..�__—.___.�__ .____—__�__—_____—______._—___ �4_ _.�4�a U) r�n p <t� ,pp•pqZ ��uaaaoaa �� o� Z H o � x (n a m WU �'A p � v, M x � ean��a�NO�sr+usix3 �� w � �f1�I�Ad�KOOfl �—__ ORDINANCE NO. 466, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Approval of Amended Conditional Use Permit Number 119, Amendment #2 800 Boone Avenue North DRAM Properties, LLC, Applicant The City Council for the City of Golden Valley hereby ordains as follows: Section 1. City Code Chapter 11 entitled "Land Use Regulations (Zoning)" is amended in Section 11.10, Subd. 2, and Section 11.35, by approving a Conditional Use Permit Amendment for a certain tract of land at 800 Boone Avenue North, thereby allowing for an expansion of the existing adult day care use within the same building Iocated in the Light Industrial Zoning District. This Conditional Use Permit is approved based on the findings of the Planning Commission pursuant to City Code Section 11.80, Subd. 2(G), which findings are hereby adopted and incorporated herein as follows: 1. The proposed expansion of adult daycare at this location is consistent with the General Land Use Plan map and zoning for this area. 2. There is an increasing need for adult daycare services, especially with the large and growing number of adults in Golden Valley and the metro area over 65 years of age. 3. Legacy Adult Daycare is an experienced provider of adult daycare services. 4. The site provides adequate parking, access and amenities for the clients and office uses in the building. This Conditional Use Permit is subject to all of the terms of the permit to be issued including, but not limited to the following specific conditions: 1. All signage shall meet the requirements of the City's Sign Code. The Golden Ballroom sign shall be removed immediately. 2. The site plan prepared by Buetow and Associates and dated May 6, 2011 and titled "Existing Site Plan" shall become a part of this approval. 3. The adult day care shall be limited to the amount of elients specified by the Minnesota Department of Human Services. 4. The hours of normal operation shall be from 7 am to 5:30 pm with the exception of occasional evening social functions. 5. All improvements to the building shall meet the City's Building Code requirements. 6. All necessary licenses shall be obtained by the Minnesota Department of Human Services and the Minnesota Department of Health before adult daycare operations may commence. Proof of such licensing shall be presented to the Director of Planning and Development. 7. All outdoor trash and recycling containers shall be screened in a manner acceptable to the Inspections Department. 8. The trailer used for storage and other temporary storage buildings shall be removed from the site immediately. 9. Inflow and Infiltration rehabilitation compliance shall be completed within 90 days of the approval of the amended CUP. If the work is not completed by that time, the City has the right to use the posted escrow to complete the work. 10.The applicant shall provide an onsite bicycle rack allowing parking for a minimum of five bicycles. 11.The requirements found in the memo to Mark Grimes, Director of Planning and Development, from Ed Anderson, Deputy Fire Marshal, and dated May 17, 2011 shall become a part of these requirements. 12.A11 other applicable local, state and federal requirements shall be met at all times. Section 2. The tract of land affected by this ordinance is legally described as follows: Lot 9 except the North 350 Feet of the East 186.69 Feet thereof and further excepting the North 375.15 Feet of said Lot 9 lying West of the East 186.69 Feet thereof. Also that part of Lot 11 lying North of a line parallel with and distant 635.15 Feet South of the North line of said Lot 9 Section 3. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Sec. 11.99 entitled "Vialation 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 3rd day of August 3, 2011. /s/Linda R. Loomis Linda R. Loomis, Mayor ATTEST: /s/Susan M. Virniq Susan M. Virnig, City Clerk �'i2��b � � o er� a e � P PUb�� Safety Police Department � y;* � 763-593-8079/763-593-8098(fax) � Executive Summary For Action Golden Valley City Council Meeting August 3, 2011 Agenda Item 6. A. On-Sale and Sunday Sale Liquor License Renewal -Webb Golden Valley LLC d/b/a Good Day Cafe Prepared By Stacy A. Altonen, Chief of Police Jim Roberts, Sergeant Summary The following establishment has applied for renewal of their liquor license for the 2011-2012 license term: On Sa/e and Sunday Sale Webb Golden Valley LLC d/b/a Good Day Cafe Recommended Action Motion to approve the renewal of the On-Sale and Sunday Sale for Webb Golden Valley LLC d/b/a Good Day Cafe for the 2011-2012 license term.