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02-21-12 CC Agenda Packet (entire) AGENDA Regular Meeting of the City Council Golden Valley City Hall 7800 Golden Valley Road Council Chamber February 21, 2012 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 B. Pledge of Allegiance C. Board/Commission Oath of Office and Presentation of Certificate of Appointment D. City Engineers Association of Minnesota (CEAM) 2011 Project of the Year 3 E. Receipt of 2011 Police Department Annual Report 4-16 2. ADDITIONS AND CORRECTIONS TO AGENDA 3. CONSENT AGENDA Approval of Consent Agenda -All items listed under this heading are considered to be routine by the City Council and will be enacted by one motion. There will be no discussion of these items unless a Council Member or citizen so requests in which event the item will be removed from the general order of business and considered in its normal sequence on the agenda. A. Approval of Minutes - Council/Manager Meeting - January 10, 2012; and Joint 17-20 Meeting of the City Council, Planning Commission, Environmental Commission and Open Space and Recreation Commission - January 30, 2012 B. Approval of Check Registers: 1. City 21 2. Housing and Redevelopment Authority 22 C. Licenses: 1. Rental Property Licenses 23-25 2. Gambling License Exemption and Waiver of Notice Requirement - Northwest 26-29 Suburban Optimist Club D. Bids and Quotes: 1. Manhole Covers - Quotes 30-32 2. Van - Quotes 33-34 3. Air Compressor - Quotes 35 E. Letters, Emails and/or Petitions: 1. Email Regarding Breck School 36 1. Letters and Emaiis Regarding Theodore Wirth Park/Bottineau Transit 37-60 F. Minutes of Boards and Commissions: 1. Planning Commission - January 23, 2012 61-67 2. Human Services Foundation - November 14, 2011 68 3. Joint Water Commission - December 7, 2012 69-71 4. Open Space and Recreation Commission - November 28, 2011 72-73 5. Bassett Creek Watershed Management Commission - November 16, 2011 74-80 G. Approval of Conditional Extension for Filing of Plat and Submitting Final PUD Plan 81-84 Application - PUD #107 - The Towers at West End - Southwest Quadrant of I-394 and Highway 100 - Duke Realty, Applicant 3. CONSENT AGENDA - CONTINUED H. Authorization to Sign Agreements with Metropolitan Council Environmental Services 85-87 for Relief Lift Station and Forcemain Project 1. Segment 1 Cooperative Agreement 88-127 2. Segment 2 Amended and Restated Cooperative Agreement 128-163 I. Authorization to Sign Agreements for 2012 Pavement Management Program 164-184 Sanitary Sewer Repair Program J. Receipt of January 2012 Financial Reports 185-191 K. Second Consideration - Ordinance #478 - Amendment to Section 6.35, Expanding 192-193 Commercial and Institutional Recycling Program L. Second Consideration - Ordinance #479 -Amendment to the 2012 Master Fee 194-195 Schedule - Commercial and Institutional Recycling M. Authorization to Sign Purchase Agreement for 1850 Toledo Avenue North 12-11 196-198 N. Letter of Support for Shelter Corporation's Application for HOME Funding 199-201 O. Authorization to Sign Agreement with the Metropolitan Consortium of Community 202-209 Developers for Open To Business P. Establishing Limited Clean-up and Property Damage Protection for Sewer Back-ups 210-213 and Water Main Breaks for Water and Sewer Customers 12-12 4. PUBLIC HEARINGS 7 PM A. Public Hearing - Preliminary Design Plan Approval - PUD #88 - Breck Addition - 214-243 Amendment#1 - 123 Ottawa Avenue North - Breck School, Applicant B. Public Hearing - Ordinance #480 - Final Design Plan Approval - PUD #66 - JLO 244-274 Addition -Amendment #4 - 7200 Wayzata Boulevard - Jeff Lupient - Infiniti, Applicant 5. OLD BUSINESS 6. NEW BUSINESS A. Approval of Response Letter to Hennepin County Regional Railroad Authority 275-280 Regarding Bottineau Transitway Draft Environmental Impact Statement Scoping Booklet B. Announcements of Meetings C. Mayor and Council Communications 7. ADJOURNMENT � �a r ��' � :=,ur ��._ .. 6 o � � �� , e Public Works - 763-593-8030/763-593-3988 (fax) Executive Summary For Action Golden Valley City Council Meeting February 21, 2012 Agenda Item 1. D. City Engineers Association of Minnesota Project of the Year Award: 2011 Trunk Watermain Rehabilitation Project, City Project No. 11-05 Prepared By Jeannine Clancy, Director of Public Works Jeff Oliver, PE, City Engineer Mitch Hoeft, EIT, Engineer Summary The Cities of Golden Valley, Fridley and Hutchinson were recently awarded the City Engineers Association of Minnesota (CEAM) Project of the Year for its 2010/2011 Trunk Watermain Rehabilitation Project. The award was issued to the cities for their cooperative agreement to structurally rehabilitate watermain in the three communities using a new trenchless technology. The locations that were rehabilitated in Golden Valley included Boone Avenue (Golden Valley Road to Plymouth Avenue), Legend Drive (Golden Valley Road to Bassett Creek Drive), and Brunswick Avenue (under Duluth Street). Only a minimal number of contractors are able to complete this type of repair in the country. Utilization of the cooperative agreement generated increased quantities that lowered the bid prices in each city. Other highlights of the project include the project's ability to limit neighborhood traffic disturbances, project communication, and the reduction in greenhause gases compared to the traditional open-cut method of watermain replacement. The City of Golden Valley served as the lead agency and the contracting authority for the project. Recommended Action Recognize Jeff Oliver and Mitchell Hoeft for receipt of the City Engineers Association of Minnesota Project of the Year Award: 2011 Trunk Watermain Rehabilitation Project. �� =:: =:� o �W� a e �M�q�Y �� Public safety Police Department P�L�CE � 763-593-8079/763-593-8098(fax) F � Executive Summary For Action Golden Valley City Council Meeting February 21, 2012 Agenda Item 1. E. Receipt of 2011 Police Department Annual Report Prepared By Stacy A. Carlson, Chief of Police Summary Chief Carlson will present an overview of Police Department operations during 2011. Topic areas include crime rates, productivity, community outreach efforts, staffing, budget and oversight boards. Attachments 2011 Police Department Annual Report (12 pages) Recommended Action Motion to receive and file the 2011 Police Department Annual Report. � � � ":�� e�� `', -� � � �� 3� � ��^' :. � � �' � � � � �� r � �� r �x,�, x�;�, � �� s � � � ,� �� ; � z � h�� y� � ��' t� ��4a � �:,� a� � ��.x z.�p�b.��'�; �u�,��° �� . 4�� F �;^ � K � � � y � �`� N 3a'�5 i f`"'` "'�E �;�. :g ,� ' : ' ,, - y w �,� �x,_ �. ., t f� � �tl� #;f ar s , r � . ui �� ',fl � %��'�'��'�%w � '� � � � r r{r m , �e a� '�� "`,�'�� , �+�"�,p �`' � �`�'��ka.: s ��. �#£��.a��,� . . 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' �`t ',.�'qe'��. +�' - . �� _ � �� I I �'I I. . �� .}� § j }� �� Z?v. �: a{ �n Q" :3k= �'. . ,s'.� t� :, +44�s�*'p��.- p''" q� x �" � . ��F,�� r x x*.�,N x, „� .,.�,. � � �,�8 r � � � �� . .. �"'.. �,; � '��4 �.�i ,�3b� s F a� � �`a � � � � ; �� . c. � _� ' 9„ �.�"� e x"��,�_. ��'"� �` .��"�a.� _-,' . �* u��,,.�s��"�� ' __ ' 1 I � 1 � GOLDEN VALLEY POLICE DEPARTMENT Mission In collaboration with the community we serve, members of the Golden Valley Police Department take pride in delivering timely, impartial and professional police services,while reducing crime through prevention education, community outreach and criminal justice partnerships. Values Valley Values are the things Golden Valley employees do, put into phrases that are easy to remember when anyone asks, or when we wonder what's important. Six core values, called Valley Values, provide the City of Golden Valley and its employees with the well-being of shared meaning and purpose: Customer Focus Open Communication Positive Attitude Know How Teamwork Work/Life Balance Dear Citizens: 7he Ciry of Golden Valley once again saw crime decrease in 2011—down 5.8 percent for serious felonies (Part 1 Crimes) and down 13 percent for less serious crimes.While 2010 had the lowest crime rate in more than a decade, to come in even lower than those historic crime rates is quite satisfying. It speaks to the high level of community crime prevention efforts, continued partnerships with criminal justice agencies, and deployment of staff resources based on crime analysis and intelligence data about criminal activiry. In 2011, the Golden Valley Police Department had its first full year of 911 dispatch services through the City of Edina. This new partnership proved to be operationally seamless, and at the same time it saved the City more than $100,000 in dispatch costs. Community outreach was once again a high priority for the department, including the Citizen's Academy, Bike Along, Night to Unite, Neighborhood Watch, Bike Rodeo, Police and Fire in the Parks, Masters Safety Seminar, and 7-he Crime-Free Multi-Housing program. Our Investigative Unit proved relentless in solving a one-man burglary ring involving more than 60 metro burglaries!Additionally, it worked collaboratively with metro agencies to solve an armed robbery spree by another one-man show. While the high-profile crimes garner attention and media coverage, I would be remiss not to mention the daily diligence done by our support staff in data entry, front desk and phone coverage, Breck traffic control, records management, and countless actions that wrap up and package the work of front-line staff into successful prosecutions and help keep the Ciry safe. We welcome your participation in our efforts via attendance at one of our public education courses and through continued diligence to crime prevention measures for yourself and your neighbors. Or, simply call or email us with questions or concerns. It is a privilege to work for and with this great Golden Valley communiry—thanks for your help during 201 l. Sincerely, Stacy A. Carlson Chief of Police � .. ,��°� a��'"<"� „"„� ��,, � � v,��, .., �� .y � � z� � �� ;� � � ��"�,� �" � - � ;� ,_.�: �iu �i � � \ �.a � `� � �.� � � �e^ �y' �. �1 _ � . ::� � � _ �. . r a�.j ' � �� ' � `.. . .�� . .K. � � i �y�'" Y � 1& - .'_r3f.., , �z��Ma�af � . # � . .:� � a � .,�� I II x�__.�c_... �.ua. �:s,.s. � ��"� �s� �L a .a , � ti.. � 8' y .-. .-. V � 00 � 'b � n. � n. � � a- 0 � � 0`� � � � k � � � � V � �' o w a' �nz a'� z C� c„ O � � �.� o ^ � � �•� �, `�--' � ¢�'�' � � O � � � �w � � � Uz V � � � ^ � � 1" � ,n n, U � a� � a� � � x � w �v c � � z � A U � rn y �" •� � °' � � n. � � � � � � •.. v� � � x •� � � � � v a� � .�'y � na� W � � � 00 � �� z pv Qc� z � z � � � ��. �� •�,� � � �O � +-+ � �� °� a � � v � �w° � .� ,n z .�H o �� z � Ao PROFILE OF POLICE OPERATIONS The Golden Valley Police Department (GVPD) is comprised of several functions that work together to provide qualiry customer service, including 911 response, investigations, and crime prevention. The organizational chart on page 2 illustrates how the department is structured. Chief of Police The Chief of Police is responsible for creating an organizational structure most conducive to maximizing resources for ef�ec- tive and excellent delivery of police services to che Golden Valley community. The Chief must also ensure and maintain a work environment for employees that fosters professional growth, career opportunities, and mentoring. Patrol Division v "�� , �� The largest function of the department is assigned to the Patrol Division, which � ,�� is responsible for handling a11911 and non-emergency calls for police service. � :� ' � I �� ... j° Officers respond to all reports of crime and possible crime, medical situations, `��:. and reports of animals at large or injured. ! � � -� �� Investigations Division 4��„�,� �� 4��N,�-�-�f . �«my. The Investigations Division reviews all police reports of criminal incidents, and � � � .�, the cases are assigned based on solvability and investigator workload capaciry. {''��` z � 1a�J� =q.: The Investigations Division includes an officer assigned to the Northwest Metro ________ ' Drug Task Force (a collaborative narcotics investigation group staf�ed by of�icers from Golden Valley, Plymouth, Robbinsdale, Crystal, New Hope, Hopkins, and St Louis Park) and an officer assigned to the Hennepin County Violent Offender Task Force.Yet another officer is assigned as a School Resource Officer with the Robbinsdale School District.With the closing of Sandburg Middle School at the end of the 2009 school year, Golden Valley was asked to help staff Robbinsdale Middle School with a half-time employee for the 2011-2012 school year. The assigned employee spends half his work day at Robbinsdale Middle School and the other half working as a School Resource Officer for Independent School District 287,which is temporarily housed in the Sandburg Middle School building for 2011-2012 school year while the school's permanent home in New Hope is built. The salary for this position is reimbursed via contracts with both school districts. � Crime Prevention Unit The Crime Prevention Unit coordinates a multitude of community and neighborhood ,,� �i meetings; special events such as Minnesota Night to Unite, the Bike Rodeo, the Public � Safery Open House, and Junior Safery Camp; and public education courses offered on a number of safery and crime topics. This unit conducts regular crime analysis and crime ` �� mapping and issues crime alerts relating to crime patterns or specific criminal actions. It -' also conduas home safety checks and inspeas child car seats for proper installation. This year the second Citizeds Academy was held for citizens interested in finding out about the work, equipment, training, and procedures of Golden Valley police officers. Support Staff Support stafFserves a critical role in daily police operations, handling all data entry of police reports, documents, and state- ments as well as data practices requests for police reports. Staff members also answer all non-emergency phone calls, assist with calls involving animals, handle walk-up requests in the building lobby, provide fingerprinting requests by appoint- ment, and assist officers with administrative issues. Through an agreement with Breck School, funding for a Community Service Officer is provided in exchange for daily traffic control near the school twice per school day. DEPARTIV�ENT PRODUCTIVITY A call for service includes any police response to a 911 call,a non-emergency call that requires a police response, a traf- fic stop, any criminal activiry spontaneously witnessed by an ofFicer on patrol, any self-initiated of�icer activity, assistance provided to another agency, any walk-in request at the police station that requires officer involvement, or any incident for which an officer is flagged down for help by an individual. Some factors thar can affect the number of calls for service include an increase or decrease in the crime rate, or a public campaign encouraging residents to call 911 when they see something suspicious in the interest of crime prevention. 'The number of calls for service in 2011 are listed below (2010 and 2009 are listed for comparison purposes). 1 - 1 1 11 17,971 19,166 18,129 Of all the calls for service during 2011 (generated either by a 9ll call or self-initiated by an officer), the four most frequent call rypes were traffic stops, medical emergencies, alarms (residential or business), and suspicious activiry/vehicle/person. 7hese were the same most frequent calls for service for 2010 and 2009 as well. Friday was the busiest day of the week for calls for service, followed by Thursday and Tuesday. The top three hours for calls were 4 pm, 9 am, and 1 pm. REPORTED CRIME When looking further into total calls for service, events that are not crimes can be culled to reveal a better understanding of total crime. The figures below represent only the number of actual crimes reported from the total number of calls for service for the year (all misdemeanors, gross misdemeanors, and felonies combined). 1 _ 1 1 tl . 2,678 3>162 3,204 CRIME BY CATEGORY Gime is categorized by level of seriousness and by the elements of the criminal action. The lowest level of crimes are misdemeanors, the next most serious are gross misdemeanors, and the most serious are felonies. Further, the FBI collects monthly, quarterly, and annually reported crime from cities across the nation for general public safety, crime trending, and comparative purposes. The eight most serious felonies are the crimes of murder, rape, assault, robbery, burglary, theft, arson, and vehicle theft. The FBI calls these"Part 1" crimes. All other less serious crimes are categorized as "Part 2" crimes. The totals for the Part 1 crimes in Golden Valley are listed below,along with a breakout of crimes by category. Part 1 Crime Totals 1 1 1 - 11 496 527 665 Part 1 Crime By Category �� : - � � ' � � � � � 9 2 93 6 5 362 19 (51 residential, (55 shoplifting, 42 business) 110 from vehicle, 197 other) Pazt 2 Crime Totals ■�_■ � � - 11 1,479 1,610 1,346 ARRE S TS During 2011, Golden Valley police officers made 1,197 arrests, a decrease of 15 percent from 2010. Of those arrests, they breakdown by crime level as follows: - � � � - � � � � �� 101 arrests 95 arrests 920 arrests 81 arrests For more than 20 years, Golden Valley has been represented by prosecutors Frank Rondoni and Mark Schneider, of the Chestnut&Cambronne law firm. While officers work hard to develop strong cases and arrests, those are ultimately only as effective as the prosecution that follows. The Golden Valley Ciry Attorneys work diligently to pursue prosecution against suspects in driving and criminal cases and ensure those perpetrating crimes in our community or on our roadways are brought to justice.We are very fortunate to have such a talented and committed legal team working toward the livabiliry and safery interests of Golden Valley. RESPONSE TO CALLS Golden Valley police officers pride themselves on providing a prompt and professional response to calls for service.To that end, the GVPD staffs of�icers at a level assessed to be appropriate to respond to emergency calls within law enforcement average response time standards. When a 911 call comes into the dispatch center, it is categorized as either a Prioriry 1, 2, or 3—the prioriry level is determined by the nature of the crime or actions described in the 911 call. For instance, a car ac- cident with known or possible injuries or a burglary in progress will be categorized as a Priority 1 call—those deemed most in need of an immediate police presence. Other 911 calls with a less serious nature will get coded as a Priority 2 or 3, again depending on the circumstances of the incident. A call describing an individual begging for money would be coded as a Priority 2,while a call to report a barking dog or to report a crime that happened several days ago would be a Prioriry 3 call. GVI'D response times for 2009-2011 are categorized below. Priority 1 Priority 2 1 1 1 � 11 1 �1 1 � II ' 4 minutes 5 minutes 4 minutes 7 minutes 6 minutes 7 minutes Priority 3 � � � �� *The Edina dispatch system does not calculate our Priority 3 call times in the same manner as our previous system, thus this figure is an esti- 8 minutes* 5 minutes 5 minutes mate, as it is notpossible to compare identically with our older data. � TRAFFIC ENFORCEMENT The GVPD places high value on maintaining the safety of our roads and highways, and strong emphasis on traf�ic enforce- ment and driver education is a main component of our Patrol operations. Educating the public about driver and pedestrian safery has proven to save lives. In 2011, Golden Valley ofFicers made 4,146 traf�ic stops, issued 2,203 traffic citations, gave 2,534 warnings, were involved in seven motor vehicle pursuits, and arrested 125 people for DWI (driving while intoxi- cated). Of all the traf�ic citations issued to motorists in 2011 by Golden Valley Police Officers, the top three most frequently cited violations were driving after suspension, driving while intoxicated (DWI), and driving after revocation. 1V�EDICAL ASSISTANCE Golden Valley police officers are trained as first responders so as to provide intermediate medical assistance as part of their regular duties.Absent a full-time Fire Department, most suburbs follow this model in rendering medical assistance to citi- zens. During 2011, officers assisted 1,487 people in response to a request relating to a medical issue. COMMUNITY OUTREACH Connecting with the community in a wide variery of ways is a high prioriry for the GVI'D. Crime prevention,communiry meetings, education, and partnerships are part of the foundation of building a strong police/community relationship. The GVPD continually strives to increase collaboration with Golden Valley residents, business owners, and visitors. Neighborhood Watch ° NE��NB GVPD employees conduct monthly crime prevention meetings by geographic/neighborhood zones to CRIIU�E�RNOpp offer safety tips to residents as well as present the latest crime statistics for the respective zone. Resi- wAT(H dents are encouraged to form or join a Neighborhood Watch group and work as a large team to keep ° their home and neighbors' homes safe by being observant and reporting any suspicious activity. `Ihese . meetings serve as a forum for dialogue relating to public safety, city services, statute/ordinance ele- ments,and resource availabiliry. They also of�er residents a chance to meet a number of police ofFicers. Weimmedi�� r In 2011, the GVPD conducted nine Neighborhood Watch meetings throughout the ciry. all SUSPICIOUt activities�o o PE�S°"d . �I'olice Dept. t �' ' � �" ;� Crime Free Multi-Housing Program �'�4� Golden Valley is home to a number of multi-housing units, and the GVPD conducts quarterly meet- �� _ '�' !'� ' :R ings with the managers and/or owners of apartment complexes. �The purpose of this partnership is � '�'� � �:' ro build relationships and offer best practices for rental leases, background screenings, evictions, and � -.• `�'•^` nuisance tenants, among other issues. Golden Valley police officers also reach out to youth living in r_ ` �-��,,,� apartment complexes to foster police/youth relationships, encourage school attendance,and reward good school behavior. In 2011 the GVPD held four Apartment Manager/Owners group meetings. Crime Prevention Training For Businesses There are numerous businesses in Golden Valley, and the GVPD holds training sessions for business owners and employees on topics such as premises safery, fraud and forgery, and common business crimes, to name a few. In 2011, the GVPD conducted 24 training sessions for area businesses. CounterAct The GVPD pursues positive police/youth interactions through the CounterAct drug abuse prevention program. OfFicers taught roughly 100 fifth graders at Noble Elementary and Good Shepherd Elementary about the dangers of drug use and dealing with peer pressure to use drugs or alcohol. The six-session program culminates with a graduation ceremony, includ- ing skits developed by students depicting scenarios of drug/alcohol use and appropriate resistance techniques. Bike Rodeo The annual Bike Rodeo is a collaborative effort with the cities of New Hope � and Crystal. Participants interact with area police officers, receive bike safety ^•:• `" . . : tips, and get discounted bike helmet rates. About 350 area youth attended the "'ti�.�a�''�'`�'"''�'V<. �`1.<� � . �� r 2011 event. "`�� '�4�'�'��'•* .,,� �, �< �F. ,�. Open House �,: Each June, the Golden Valley Police and Fire Departments host an Open House and invite the public to tour the building facilities,watch a controlled fire burn, get inside police and fire vehicles, meet police officers and firefight- ers, and learn of many police and fire operations and programs. ��; Ride-Along Program �v Li y � The GVPD offers the public the opportuniry to ride along with a police of�icer for part of a shift. This can be arranged in advance and provides a first- hand experience about what it is like to be a Golden Valley police officer. Bike Patrol &More Throughout the warmer months,officers pedaled their way through more than a hundred hours of bike patrol,which proved to be successful both from a birycle safety enforcement standpoint and a youth outreach aspect. Police and Fire per- sonnel coordinated many events in Golden Valley parks and apartment complexes, providing pizza and water relief on hot days courtesy of the Fire Department truck hoses. 1he connections made with area kids and parents proved to be invaluable in building positive police/youth relationships. For the second consecutive year the GVPD offered a bike-along with two officers that covered many points of interest in the ciry. About 20 residents participated. . _ _ --- ` 4 � �-; �'� ■'�...'$ ��- `".`:i�5 � ..■iy� � ■■■�� R I fa �� ,[ �� . •�� . �..9 K��r��el�+"/A,�""° ... �'�� v � �� c x i " ... �� ... � � v �� .. .. . . � .s.�.i.�a... �� ..... �. .. '..-. . . A� 4 � � ...a ': . ��L{y� �M�IMYI�4��,i`�M��.��.... _.. ��. .. �� i'S � ` �, � �j _ � s+�r,:sti�� .., ,te�s. �� .. . . �- ... . . ,. . � � �,.��+�,. ,,.�..,.. .� ... � -�� . , _ ,..., , � :.: A . . ,..� �-, ,.. `. .,.,.,,��,. . .u.n.. . ..� . � . .�.. � ,' �., � ,. ..,,� . ,. ., �� . . . . � . �- , :- i �- � -�. . . . .. ,:. �s .. ��-.. .: vfi.�,�.a.,.., ;,� !, ,� . . '+4... ' - a.:,:..,,7 . � : . . IIMa�'M��1� ., a � . � u..'F;� * '^a _�.. � ... � 2011 POLICE BUDGET . , � � , , � . . . , -, Personal Services 6l l0 Salaries-Regular Employees $2,927,790 6l 11 Overtime-Regular Employees 143>480 6l 50 Employee Insurance 436,975 6160 Retirement 260,215 TOTAL Personal Services 3,768,460 Supplies and Services 6320 Operating Supplies 41,800 6324 Clothing 30,500 6327 Range Supplies 11,700 6340 Professional Services 154,000 6341 Dispatch Services 306,635 6343 Telephone 15>000 6344 Use of Personal Auto 9,045 6371 Electric Service ---- 6382 Contractual Maintenance 20,500 6390 Rentals 12,150 6411 Conferences and Schools 31,000 6413 Dues and Subscriptions 2,560 6440 Other Contractual Services 72,200 TOTAL Supplies and Services 707,090 Vehicle Maintenance 7401 Maintenance Charges-Labor 95>000 7402 Maintenance Cliarges-Parts 33,000 7403 Motor Fuels 91,770 TOTAL Vehicle Maintenance Charges 219,770 � ' �, 1 2011 GOLDEN VALLEY POLICE STAFFING Administration Police Detectives Police Sergeants Chief Stacy Carlson Detective Sergeant Dennis Arons Sergeant Dave Born Patrol Commander Nate Gove Detective Laura Gould Sergeant Jef�Johnson Operations Commander Mike Detective Mario Hernandez Sergeant Steve Johnson Meehan Detective Dave Larson Sergeant Mark Persons Sergeant Jim Roberts Administrative Assistants Police Oi�'icers Sergeant Jason Sturgis Stacie Budig Amanda ohnson Officer Matt Boelter J OfFicer Tom Buf�ie Police Reserve Ofi'icers Nanry Stebe Kyle Anderson OfFicer Lance Evans Joe Gibbs Officer Dan Feldman Community Service OfI�-►cer Scott Goebel LeAnn Hrncir Officers (CSO) Of�icer Kristin Hoefling David Killeen Steven Blaha Officer Dave Kuhnly Michael Lau Dana Bokusky Ofricer Randy Mahlen Trent Prince Shawn Eberle OfI�icer Ryan Matthew Shawn Rydell Phil Ozmun Officer Dan Pacholke B�ad Soderling Scoct Peterson OfFicer Jennifer Sleavin �drew Zappa Andrew Zappa OfI�icer Terry Sleavin Officer Christine Sloat Resignations Crime Analyst and Support Of�icer David Staaf Andrew Jelle, Communiry Service Services Supervisor Officer Kyle Toavs Officer Joanne Paul OfTicer Dan Wilcox Charley Roemhild, Community Officer Rob Zarrett Service Officer Mike Smith, Communiry Service Officer OVERSIGHT BOARDS Civil Service Commission Crime Prevention Fund The Golden Valley Police Department uses a Civil Service The Gime Prevention Fund,which is managed by a structure for specific positions relating to personnel.A nine-member board of directors, establishes and oversees three-member Civil Service Commission meets periodi- a reward fund for specific Golden Valley crimes. It also cally to discuss and review requests for approval relating funds a number of communiry crime prevention and to a variery of personnel issues, including hiring processes, outreach initiatives via a budget funded by public and promotional processes, and other police human resource corporate donations. issues. Nanry Azzam Rhonda Hammons Gloria Kumagai Harriet Betzold Paul Haun Ben Peterson Betry Crews Jennifer Moreen Marshall Tanick Mark Friederichs Judy Mustard Georgia Goodwin Ralph Schulz u f{ 'N�ry - :' �' i :.4.� >w..� �;i'�3 _.-T;. , � � �� <-, � �� _ � i ��"«� cc� � d� �,�.'�?,. . s}`�-`� ..�; � �� - ,. ,, � f. "''a' a� SPECIAL THANKS The Golden Valley Police Department would like to thank the residents and business owners of Golden Valley for being partners in ensuring the public safery of Golden Valley. Our thanks and appreciation also go to the many private and corporate donors of our community initiatives, and to the countless volunteers who donate the gift of time to the City of Golden Valley. Lastly, thanks to the Hennepin Counry Sherif�'s Office for crime lab and patrol services, the Minnesota State Patrol, and the Minneapolis, St Louis Park, Edina, Plymouth, Robbinsdale, Crystal, and New Hope Police Departments for assistance throughout the year. �.� ;� . �G. . __ . r - �_ �r�� ,.��4 . _; . � . . � � - � , � ,. , � � �- " �� _ �- ��z � .- � - '`��:�.�;✓- �il � �� _ �',� � ;� �`��`'�� ' � � �� ,� ��,, z� ��. yp, z�, ,._ . r._ - �. � :., , �-:�. r ,,s" ' � ,' '�€...'. �'��, � � ".. 't' �Fp § � �g. � R?", : �'�c � ��§ i ��'� �a�� :. � °�. ��'� ` . � �` ��,a �G� ., ��,� a '�;�rs`� "b�''�r �' ��:'«, • � � ;`ke �`�A a`k '. K +� ' ^# . "`�„ �� .te" . §a R h � ��.�5 F ` �' _ . �� t, � « .n< , , }<..�� r.� �.ab . -�; "� ,� ;'��'.�.5�,�4i��r, ,.< � .., . . .. ,.- ._ . _ . .. ,S .... . . � . . � . . � "� �.�,� 's. �� ... ..,,; .. . . .. , ,.. ,�"s,H��.� g� t' Y'tn'�`�s�� s v�� . '�':,�^.�W.�b,.,�..�� . .< �.wr.��.k, , Council/Manager Meeting Minutes January 10, 2012 Present: Mayor Harris and Council Members, Clausen, Freiberg, Pentel and Scanlon, City Manager Tom Burt, Director of Public Works Jeannine Clancy, Director of Parks and Recreation Rick Jacobson, City Planner Joe Hogeboom and Graduate Engineer Mark Ray Also present were Manager of Engineering and Transit Planning-Hennepin County, Joe Gladke and Administrative Assistant Lisa Wittman. The meeting began at 6:45 pm in the Council Conference Room. Bottineau Transitway Project Update Joe Hogeboom introduced Joe Gladke, Manager of Engineering and Transit Planning at Hennepin County who was in attendance to give the Council an update on the Bottineau Transitway Project. Gladke explained that the project is currently in the Draft Environmental Impact Statement (DEIS) phase which builds off of the alternative analysis study. During this phase of the project some of the issues analyzed include effects on neighborhoods, noise and vibration, effects on historic resources, and the effects on parks, water resources and the climate. Gladke referred to a map showing different alignments and discussed some of the key issues with alignment D1 which would run through Golden Valley. These issues include: wetlands, flood storage, poor soils, trails, shared operations with BNSF railroad, Xcel towers and station locations. He added that the project considers a station location at Golden Valley Road or possibly further to the east at Plymouth Avenue. Both potential station locations have issues regarding parking and grading that will need to be addressed. Gladke stated that there is an open house scheduled for Monday, January 23 at 4:30 at the Theodore Wirth Chalet and encouraged the Council to attend. Hogeboom added that he also invited the Planning Commission, the Environmental Commission and the Open Space and Recreation Commission to attend the open house. Hogeboom added that staff would also like to have a joint meeting with the City Council, Planning Commission, Environmental Commission and Open Space and Recreation Commission on January 30 at 6:30 pm in order to get comments and guidance on the resolution being sought from the County in mid-February. The Council consensus was that a joint meeting with the Council and the Commissions would be a good idea. The Council also directed staff to submit an article to the SunPost newspaper and Go/den Valley Patch encouraging residents to attend the open house. Golden Valley Little League Fundraising for Honeywell Field Expansion and Naming Rick Jacobson introduced Peter Birkeland and Pat Dale from Golden Valley Little League who attended the meeting to update the Council on their fundraising efforts. Birkeland stated that they have raised $40,000 of the $67,500 that they've committed to raise for their project. Birkeland asked the Council if they would consider a no-interest loan to allow Council/Manager Meeting Minutes January 10, 2012 — Page 2 them to complete their payment to the City. After discussion, the Council consensus was that the Little League Association is a value to the community and they would be supportive of a no-interest loan. Birkeland noted that the last time they came before Council regarding naming rights for the Honeywell Fields the Council expressed concern about selling naming rights for city- owned parks. Birkeland stated that the Little League Association would now like to discuss the possibility of renaming the Honeywell Fields after long-time coach Dick Isaacson who recently passed away. Rick Jacobson gave a brief history of the various areas throughout the City where the Little League association has played. After discussion, the Council consensus was to consider a resolution allowing for the re-naming of the Honeywell fields to Isaacson Park. Burt stated that staff will work on preparing the no-interest loan and the resolution for re- naming the fields and will put it on a future City Council agenda. MnDOT Local Road Improvement Program Application Jeannine Clancy discussed a potential funding opportunity through MnDOT's Local Road Improvement Program for a portion of the Douglas Drive Corridor Project. She referred to a map of Douglas Drive's "Priority 1 Area" and stated that staff has determined that eliminating the intersection of Country Club Drive with Douglas Drive and converting Country Club Drive to a cul-de-sac east of the Optum Health driveway would be a good candidate for this funding opportunity. ' The Council consensus was to go forward with consideration of a resolution of support of the application at the regular Council meeting on January 17. 2012 Legislative Priorities Tom Burt noted that the Legislative Policies approved by Council in 2011 were Fiscal Disparities and Metropolitan Council Inflow/Infiltration (I/I). The Council discussed some of the 2012 City Policies from the League of Minnesota Cites and the 2012 Metro Cities Legislative Policies. The Council requested that the following policies be considered as 2012 Legislative Policies: organized solid waste collection, impaired waters, unfunded mandates, speed limit control, Metro Cities I/I policies and complete streets Council Assignments The Council discussed their preferred assignments to various boards, commissions and committees. They referred to the appointment on the Bassett Creek Watershed Management Commission and discussed whether that appointment should be an elected official or possibly a resident who may have an interest and the knowledge to be on the Commission. After discussion the Council consensus was to interview two or three residents and appoint one of them at a future City Council meeting. Council/Manager Meeting Minutes January 10, 2012 — Page 3 Council Communications The Council discussed processes and procedures they would like to use during meetings in order to keep them civil and respectful. Some of the issues discussed included trying to refer to people by their last names, the use of laptops during meetings and whether or not to set time limits when people are speaking at a public hearing. The Council consensus was to take the limiting of people's speaking time on a case-by-case basis. Conflict of Interest The Council discussed what could potentially be determined a conflict of interest, what could be perceived as a conflict of interest and the importance of keeping discussions out in the open. Tom Burt reminded the Council that if they feel they have conflict of interest on an item being discussed they should let him know in advance. The meeting adjourned at 9:27 pm. Lisa Wittman Administrative Assistant Council/Manager Meeting Minutes January 30, 2012 Present: Mayor Harris and Council Members, Clausen, Freiberg, Pentel and Scanlon, City Manager Tom Burt, and Administrative Assistant Lisa Wittman. The meeting began at 8:50 pm in the Council Conference Room. Proposed 2012 Legislative Priorities 2012 Legislative Policies The Council continued their discussion from their last Council Manager meeting regarding potential 2012 Legislative Policies. A new policy was suggested regarding the re-opening of the Deputy Registrar (Motor Vehicle Licensing) Office and the Council consensus was to put them in a different order. Also, some policies were removed and some revisions were recommended, as follows: Policy 1 — Deputy Registrar— Consider adding a policy asking the Department of Public Safety to work with the City to help re-open the Deputy Registrar Office as soon as possible. Policv 2 — Inflow and Infiltration (I/I) —Add the same language found in the Issue section regarding capital assistance and Clean Water Legacy Act appropriations. Policy 3 — Impaired Waters — No change. Policy 4 — Organized Solid Waste Collection — Consider revising language making it easier for cities to have an organized waste hauling system. Policy 5 — Market Value Homestead Credit and Homestead Market Value Exclusion — No change. Policy 6 — Unfunded Mandates— Remove Policy 7 —Voter ldentification — Remove Policv 8 — Complete Streets — Remove Policy 9 — City Speed Limit Control — Remove Staff will work on the suggested revisions and bring the policies to the February 6 regular Council meeting for review. Staff will contact legislators regarding their availability to meet with the Council at either the March or April Council/Manager meeting. Honors/Recognitions The Council discussed Mayor Harris' suggestion to honor and/or recognize local schools organizations and businesses at Council meetings. Some of the concerns expressed included inadvertently leaving someone out, the amount of time it would take to honor and recognize people during a Council meeting and the fact that the City currently has Visi awards as a part of Envision. After discussion the consensus was to recognize and honor people when it is City related. The meeting adjourned at 9:30 pm. Lisa Wittman Administrative Assistant �� / P Finance o � �4 �/ 763-593-8013/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting February 21, 2012 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. �� ;�� ? ��E� �:: . t� �/ P Finance 0 '� � N� �/ 763-593-8013/763-593-8109 (fax) � . Executive Summary For Action Golden Valley City Council Meeting February 21, 2012 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. m,° ' � � �� Q -:�� a � Fire Department � �� 763-593-8079/763-593-8098 (fax) ' �' snserr° . Executive Summary for Action Golden Valley City Council Meeting February 21, 2012 Agenda Item 3. C. 1. Rental Property Licenses Prepared By Jill Lund, Administrative Assistant Summary As per City Code, some businesses are required to be licensed by the City. Listed below are the license number, applicant, and fee of those who have submitted an application for approval for multiple family rental licenses. Mayfair Apartments #5034 5307 Circle Down $ 100.00 #5035 5311 Circle Down $ 100.00 Valley Village Apartments #5000 600 Lilac Drive North - Building 1 $ 100.00 #5001 600 Lilac Drive North - Building 2 $ 100.00 #5002 600 Lilac Drive North - Building 3 $ 100.00 #5003 600 Lilac Drive North - Building 4 $ 100.00 #5004 600 Lilac Drive North - Building 5 $ 100.00 #5005 600 Lilac Drive North - Building 6 $ 100.00 Golden Valley Townhomes #5008 2120 Douglas Drive North $ 120.00 #5009 2108 Douglas Drive North $ 140.00 #5010 3354 Lilac Drive North $ 120.00 Calvary Center Apartments #5024 7650 Golden Valley Road $ 100.00 Laurel Terrace Apartments #4991 250 Turners Crossroad $1,132.00 Laurel Estates #4990 5610 Laurel Avenue $ 880.00 TriPlex #4989 6212 Golden Valley Road $ 190.00 Dover Hill Apartments #5011 2400 Rhode Island Avenue North $1,320.00 #5012 2414 Rhode Island Avenue North $ 140.00 #5013 2436 Rhode Island Avenue North $ 260.00 #5014 2438/2440 Rhode Island Avenue North $ 120.00 #5015 2458 Rhode Island Avenue North $ 260.00 #5016 2476 Rhode Island Avenue North $ 260.00 #5017 2486 Rhode Island Avenue North $ 140.00 #5018 2520 Rhode Island Avenue North $ 260.00 #5019 2522/2524 Rhode Island Avenue North $ 120.00 #5020 2542 Rhode Island Avenue North $ 260.00 #5021 2544/2546 Rhode Island Avenue North $ 120.00 #5022 2564 Rhode Island Avenue North $ 260.00 #5023 2566/2568 Rhode Island Avenue North $ 120.00 Crosswoods Apartments #5007 5601 Glenwood Avenue $1,150.00 Mallard Creek Apartments #5029 8300 Golden Valley Road $ 832.00 #5030 8400 Golden Valley Road $ 832.00 Westbrook Manor #4999 6200 Golden Valley Road $ 352.00 Valley Square Commons #5006 759 Winnetka Avenue North $ 350.00 Copacabana Apartments #4982 1725 Lilac Drive North $ 688.00 Stonehaven Homes #5036 1400 Douglas Drive North $ 208.00 #5037 1450 Douglas Drive North $ 172.00 #5038 1500 Douglas Drive North $ 196.00 #5039 1600 Douglas Drive North $ 166.00 Valley View Apartments #4993 6533 Golden Valley Road $ 100.00 #4994 6535 Golden Valley Road $ 100.00 #4995 6537 Golden Valley Road $ 100.00 #4996 6539 Golden Valley Road $ 100.00 #4997 6541 Golden Valley Road $ 100.00 #4998 6543 Golden Valley Road $ 100.00 Trentwood Apartments #4981 9110 Golden Valley Road $ 460.00 #5025 9140 Golden Valley Road $ 460.00 #5026 9200 Golden Valley Road $ 280.00 #5027 9210 Golden Valley Road $ 460.00 #5028 9240 Golden Valley Road $ 460.00 Colonial Apartments #5031 5743 Glenwood Avenue $ 220.00 #5032 5745 Glenwood Avenue $ 220.00 #5033 5747 Glenwood Avenue $ 220.00 Southwirth Apartments #5041 501 Theodore Wirth Parkway $ 700.00 Valley Creek West Apartments #5040 1370 Douglas Drive North $ 100.00 Golden Valley Arms Apartments #5043 6150 St. Croix Avenue $ 610.00 West End Apartments #5044 241Yosemite Circle $ 490.00 #5045 251 Yosemite Circle $ 760.00 #5046 261 Yosemite Circle $ 760.00 #5047 271 Yosemite Circle $ 760.00 Recommended Action Motion to authorize the issuance of licenses as recommended by staff. C ,:.- - �., .� _�� , o; City Administration/Council O �, e 763-593-8006/763-593-8109(fax) Executive Summary For Action Golden Valley City Council Meeting February 21, 2012 Agenda Item 3. C. 2. Gambling License Exemption and Waiver of Notice Requirement - Northwest Suburban Optimist Club Prepared By Judy Nally, Administrative Assistant Summary As per State Statute organizations that conduct gambling within the City limits have to submit an application for a lawful gambling permit to the State after the permit has been approved or denied by the City. Depending upon the timing of the permit the applicants may request the City to waive the 30-day waiting period. Attachments Application for Exempt Permit (2 pages) Letter from Northwest Suburban Optimist Club requesting waiver of 30 day waiting period (1 page) Recommended Action Motion to receive and file the gambling license exemption and approve the waiver of notice requirement for Northwest Suburban Optimist Club. Minnesota Lawfu!Gamb/ing �a9e� ot 2 si�� LG220 Appfication for Exempt Permit Appiication fee � r ' An exempt permit may be issued to a nonprofit organization that: less than 30 days ore than 30 days - conducts lawfui gambiing on five or fewer days,and before the event before the event - awards less than $SQ,UUO in prizes during a calendar year. �I00 $�p ORGANIZATiON INFORMA'fI�N chedc# $ Organization name Previous gambting permit number NORTHWEST SUBURBAN OPTIMIST CLUB X-04230 Minnesota tax ID number, if any Federal employer ID number,if any yj- � v37s�-3 TY�of nonprof'rt organization. Gheck one. Fratemal � Religious � Veterans � Other nonprofit organizatian Maiiing address City State Zip Code County 7001 Golden Valley Rd Golden VaNey MN 55427 Hennepin Name of chief executive officer (CEO) Daytime phane number Email address Casey A. Larson 763-546-8864 Casey.Larson�a edwardjones.com Attach a copy o�of the foilowing far proaf of nonprofit sta#us. Do nat attach a sales tax exempt status or federal emptoyer ID number as they are not proof of nonprofit status. 1„`.�onprofit Artides of Incorporation OR a current Cerfiticate of&ood S#anding. Don't fiave a copy? 7his certificate must be obtained each year from: Secretary of State,Business Servic�Div., 180 State t)ffice Bui{ding,St.Paui,MPI 55155 Phone: 651-296-28U3 �IRS income tax exernption[501(cj]letter in your organization's name. Don'# have a copy? To obtain a copy of yaur federat income tax exempt letter,have an organization af#'icer rnntact the IRS at 877-829-550Q. �IRS-Aff'iliate of nationa#,statewide,or ieternationai parent nonprofit organization(charter) If your organization fa11s under a parent organization,attach mpies of both of the following: a. IRS letter showing your parent organizatian is a nonprofit 501(c)organization with a group ruting,and b. the charter or letter from your parent organization recognizing your organization as a subordinate. GAMBLING PREMISES INFORMATION Name of premises where the gambling event will be canducted. For rafftes,iist the site where the d�awing will take piace. Golden Vatiey Go{f�Country Ctub Address {do not use PO box) City or township Zip Code County 7001 Golden Vatiey Rd Gotden Valley 55427 Hennepin Date(s) of activity(for raffles,indicate the date of the drawing) May 24, 2012 Check the box or boxes that inditate the type of gambiing activity your arganization wiil conduct: Bingo* � Raffles Paddtewheeis* Pull-Tabs* Tipboards* * Gambting equipment for putl-tabs, bingo paper,tipboards, and paddlewheeis must be obtained from a distributor licensed by the Gambfing Contro{ Board. EXCEPTION: Bingo hard cards and bingo number selection devices may be borrowed from another organization authorized to conduct bingo. To find a ticensed distributor, go to www.gcb.state.mn.us and click 4n list of Licensed Distributors, or call b51-639-400D. LG220 Appiica#ion for Exempt permit Page Z of 2 5/11 LOCAL UNTT OF GOVERNMENT ACKNQ1AtLEDGMENT It the gambiing premises is within city fimits, If the ambtin a city officiai must check the action that the city is coun official mu�e k the ad ontt at thet ouns��Pr a taking on this applicatio� and sigrt the application. � ty is ��9 a�this appiication and sign the appiicatio�. A townsfiip o�cial is not reqoire�i to sign the applica#ion. The appl�cation is acknowle�iged with na waiting The apptication is acknowledged with no waiting period. period. The appiicatian is acknowleciged with a 30 day The application is acknowtedged with a 30 day v+raitin9 period,and allaws the Board to issue a waiting period,and allows the Board to issue a peRnit after 30 days{60 days for a lst dass city). Perm�t after 30 days. The application is denied. The application is denied. /� �/ Print county name Print city name �(101�f f�l �GC�/�'y On 6ehaJf of the county, I acknow/edge this application. On behalf af the city, I acknowlerlge this app/ication, Signature of county personne! receiving app(ication � of ci ers n el recei�ing application � Title Date T� D��e � (Optional) TOWNSHIP: On behalf of the township,I acknow/edge that the organization is applying for exempted gambling activity wfthin the township limits. jA township has no statutory autfiority to approve or deny an appiicatfon[Minnesota Statute 349.166)j Print township name Signatare of township official acknowledging application Title Date CHIEF EXECUTIVE OFFICER'S SIGNATURE P��fo�'m and have CE+D sign The information pravrded in this application is m and accurate to the best of my knorvJedge. I acknosvledge that the financial repart wi/1 be comp/eted return to the d withln 30 days of the date of our gambling activity, Chief executive officer's signature .�L � Date � ( 5\ �� Complete a separate appl�cation for each gambl9ng event: Fi�anciat report and recordkeeping • ane day of gambting activity required • two or more consecutive days of gambling activity A financial report form and instructions wrill • each day a raffle drawing is held be sent witfi your permit, or use the oniine Send application with: filhin form avaiiabte at www.gcb.state.mn.us, Within 30 days of the • a copy of your proof of nonprofit status, and activity date, complete and return the � application fee for each event tinancial report form to the Gambiing Make check payable to"State of Minnesota," Control Board. To: Gambiing Control Board Q�sest+ons? 1711 West County Road B, Suite 300 South �� Q Licensing Sectfan of the Gambling Roseviile, MN 55113 Controi Board at 651-639-400Q. This fortn wiN be made available in altematirne fiortnat(i.e.la►9e Prirrt.8raille)upon rr+eque�, Oa#a privacy notice: The information Yaur organization's name and p�y�de#a aba�t your organizalion are availat�le requested on this form (and any add�yw��i�� to, ��m��Q��ork a�rr�r+ts) wiN be used by the Gambl�g wt�en r+eoeived by the Board. Ali requires aaess to the information;Minnesota's Controf Board(Board)to determine your �er infiorrriation provided wiN be p�rtrnent of Pubiic Sa °��5 Q�fica#ions to be involved private data about our �'��`��% in iaw[v1 Y Commissioners of Administration, Minnesota 9�mbtsn9 a�vities in Minnesola. orqanization until the Soard �aq��&g�d�,and Reyenue;�j;slative Your organization has the�yh�� issues the permit. When the Auditor, nationaf and intemational gambling supp}y the inforrnation; howeve r, if your Board issues the permit, ali �gutatcxy agendes;anyor►e pursuant ta court organizatian refuses to supply this ��tr� ��yw�� . ��a��a�� iM�on, the Board may not be able bo pubtic. If the B�M does not d��e �r�n�ti�s��afiats issue a permit, all informatton � ��po�tr•��i�1 and agenpaes�for� a��ence,maY r�use 1��sue provided r�emains private.vuitl�tl�e which !aw�tegai order autha�iaaes a neyv us�e or informafion��nization suppiies the exception �ya�r organization`s shar#ng�information af6er this nakioe avas 9h+en; requested,the 9oarct wili be name and address which will and anyone with your vvritten oonsenG able to process your organization s rematn public. appiication. Reset Farm NORTHWEST SUBURBAN OPTIMIST CLUB 7001 Golden Valley Rd, Golden Valley, MN 55427 Date: February 15, 2012 Golden Valley City Offices 7800 Golden Valley Road Golden Valley, MN 55427 Re: Gambling license application for 5.24.12 Gala raffle at the Golden Valley Country Club Attn: Mayor and Council For the attached application, the Northwest Su6urban Optimist Club(formerly Optimist Club of Golden Valley) respectfully requests a waiver of the usua130 day waiting period. Thank you. Sincerely ----�----._.. Casey son, Pres. Phone: 763-546-8864 Q�� „�,.;: O�L� � e Public Works =� 763-593-8030/763-593-3988 (fax) Executive Summary For Action Golden Valley City Council Meeting February 21, 2012 Agenda Item 3. E. 1. Purchase New Solid Manhole Covers Prepared By Jeannine Clancy, Director of Public Works Bert Tracy, Public Works Maintenance Manager Dave Lemke, Utilities Maintenance Supervisor Summary The 2012-13 Adopted Biennial Budget, Utility Maintenance, Sewer Maintenance budget (7122-6320, Operating Supplies, page 77), includes $30,000 budgeted line item for the purchase of solid manhole covers to aid in the reduction of inflow and infiltration of clear water into the sanitary sewer system throughout the community. The new solid manhole covers will replace existing manhole covers that have open pick holes. It is anticipated that this purchase of solid manhole covers will substantially complete the manhole cover replacement project. Staff has received the following bids for 200 solid manhole covers: Ess Brothers and Sons, Inc. $24,795.00 Neenah Foundry Company $27,291.25 Attachments Quote, Ess Brothers and Sons, Inc. (1 page) Quote, Neenah Foundry Company (1 page) Recommended Action Motion to approve the purchase of 200 solid manhole covers, including Minnesota sales tax, in the amount of$24,795.00 from Ess Brothers and Sons, Inc. Quafiat�on �►TTN: BERT TR�ICY s�nrc �s� $rothers �nd �c��ns, �nc. 18fi7 935�Court'ty R�ad 19 : ,, �.oretto, MM v5357 T63-478-2027'or Outstate 800-478-202? I�ax 763-478-8868 C17Y; Gt}E.DEN VALLEY,MN PRt7JEC�NAME�NUM�ER: L1C3 REPGACEMENT t7ATE C)�B!E?i3PE�31(�IG: ENGIN�ERI�'H�NE#: UNi7 UNiT UNtT PR1GE+ Q�� p�$��ip�p�( WEIGH7 SURCt�AR RRICE SURGHARGE TOTAL 200 301 City af'Golden Valley laga-Sanitary lids $11s.00 523,300.00 FREIGHT �'� -raTa�.w�icrn°a�sM�pan�nrr � PREFAR�D SY: TRENT ESS surchar�e ra�e per Zds: $0.�0 Subtotai $�3,200At� Tax rate: 6.875 % Tax $4,595.00 Quantitfes are appro�mate,changes couid atter price. To�at $24,795.00 Freightis estimated on one singte shipmer+t. Quotes Valid for 60 days **'SPECIAL f3Rt3ER ITEMS ARE NON-RETURNABLE Accepted By: Ess Bra#hers anc! Svns, Enc. Jab�1Umber. Date: ��:�r,, �� F�G►A.1Nt3URY GC7rl�PANY - a.. .,�st'3'f 1 C; s' > . . _ CI'�'Y Q�'tUtJ1.D�N�'Ai1LEY C3AT�: J�nus�ry 30?2�}i2 RE�'ERENCE: Aftn: [)att�i�emi�e �s�x#: �7G3}593-39b$ We are plsased fo submii fite folknvi+79 quo£afion in$ccorda�� nce wilh Yflur request. .,,�.._� -------.—.� �xch VV� P'rice L:nits i � L�uantity^ Cataing No. Deser�ption 125� �12:s.Q�J Eaci� ! � ?tti(} [;ach R-17�; SQLiI?PI.tiT?"'�1 LD,typc K;'S.AN3TARY SFWFR", � machined:self-seal,{i1, no pc�s.lu�.2 dep.ci lift �y4,60U.t}0 ' 3'OTAL.flF 2UU �ach R-1733 ,, � t ` . . . �.J��i7?/,-.,'r .r �j�'�'y .'' ! !` � �,�,Y/.� �� t ' /a��` � � k � � � � � � � f � � � j � t � � j WEiGHT: 2.�5,Qfi0 llss � � T4TAL.ES7'l1tilA.TEIJ i {Exci�din�Skid�) 3 i �... �_.__—_—•--._-- ._...1 ��n�h;��unun �;�'m>�,Ca,zditiurjs�.�pli•and�re ai�aii,�ale b� +:ix r.r rtk3:I ttpon'�'q�e��l�il'e ba�d above I'�� l of 1 unpai�tted.Quantities��pmxim�e.chanees eoutd alter unit}�ric�.s.�;sorn��d s�pF �ua�rtiTias shi�ing in one cocnpl�e shipment Any orclar submitted pursuant to th"rs qual;ation shail not res�ult in a oond�t uatil i#isatx:c�ted and�knowledgc�in�riting by Neenah Foundr�Cam�xany(SELL�R). Pric�are 1�lid on adersLn:c:��ittsin 3�1 da5's f'rom date �scr�cl t status�Stand�d terms� �EE(�Atf�'t)tJ`1�RY CUMPANY E2�ClIi�SL flV�I321l�iLS". :4f!ordc�s are�bjectro t�e»e��t�f bu� ea fdr qualitied cn�'.c�mers are Net 3�l�ays. Frices do noi inc{ude t�x. if tax exc�t a��alid t�u ._..__ e�:em�rtic�zr cer�ificate�requir�d�time t�f�order ar�.��Pplicabke tau:will be cfuirgca �Y ;f �,,,,,,... ��vu!Me.sler Re�ional Sat�Ilireetor � �.� �`�`.� �,.�e:v '�"��' � . �' �. ��. � : �� 3`� ��y�"v::. 2; �� Public Works o .��: e .- 763-593-8030/763-593-3988 (fax) Executive Summary For Action Golden Valley City Council Meeting February 21, 2012 Agenda Item 3. D. 2. Purchase One Dodge Van Prepared By Jeannine Clancy, Director of Public Works Rick Jacobson, Park and Recreation Director Bert Tracy, Public Works Maintenance Manager Steve Loomis, Vehicle Maintenance Foreman Summary The 2012-2016 Capital Improvement Program includes $25,000 for the purchase of one van (V&E-042, page 29). The Park and Recreation Department van meets replacement criteria set forth in the City's vehicle replacement policy and Vehicle Condition Index (VCI). The VCI index is a tool utilized to assess all vehicles and equipment scheduled for replacement, and any vehicle/equipment scoring 28 points meets the category of"Needs Immediate Consideration." The 1999 van due for replacement scored 31 points. This vehicle is in poor condition from a mechanical and structural standpoint, and the replacement has been delayed since 2009. The van is utilized for transporting supplies and staff to playgrounds for recreation activities and transporting staff to training and other meetings. The van is also utilized for transportation of elected officials, City-appointed commissions and staff as needed. The purchase will be made under the State of Minnesota Van Contract #35446, Dodge of Burnsville. The contract is on file in the Vehicle Maintenance Division. The Minnesota Materials Management Division has awarded the following contract: Contract No. Item Vendor Amount 35446 Dod e Van 7-Passen er pod e of Burnsville $21,190 Metro Transit Im rovement Excise Tax $20 TOTAL PURCHASE $21,210 Recommended Action Motion to authorize the purchase of one Dodge Van 7-passenger from Dodge of Burnsville for $21,210. � _�.; =� ��'��`°:, �� Public Works o � ae ��- 763-593-8030/763-593-3988 (fax) Executive Summary For Action Golden Valley City Council Meeting February 21, 2012 Agenda Item 3. D. 3. Purchase Air Compressor Mounted on a Trailer Prepared By Jeannine Clancy, Director ofi Public Works Bert Tracy, Public Works Maintenance Manager Steve Loomis, Vehicle Maintenance Foreman Summary The 2012-2016 Capital Improvement Program (CIP) Water and Sanitary Sewer includes $25,000 for the purchase of one air compressor mounted on a trailer (W&SS-047, page 88). The City's existing 1997 air compressor meets replacement criteria set forth in the City's Fleet Operation, Maintenance, and Replacement Policy and Vehicle Condition Index (VCI). The VCI index is a tool utilized to assess all vehicles and equipment scheduled for replacement, and any vehicle/equipment scoring 28 points meets the category of"Needs Immediate Consideration." The 1997 air compressor due for replacement scored 30 points, which meets replacement guidelines. The air compressor is utilized for operating air tools for field maintenance, such as jack hammers, hydraulic hammer and irrigation. The purchase will be made under the State of Minnesota Air Compressor Contract#444983, Zeigler Caterpillar Inc. The contract is on file in the Vehicle Maintenance Division. The Minnesota Materials Management Division has awarded the following contract: Contract No. Item Vendor Amount 444983 Sullair 260 Air Com ressor Zei ler Cater illar Inc. $21,094.75 Tax $1,450.26 TOTAL PURCHASE $22,545.01 Recommended Action Motion to approve the purchase of one Sullair 260 Air Compressor from Zeigler Caterpillar Inc. including Minnesota sales tax for$22,545.01. From: Juliana Clarkson [julianaclarkson@yahoo.com] Sent: Monday, February 13, 2012 11:45 AM To: Harris, Shep; Clausen, Joanie; Freiberg, Mike; Pentel, Paula; Scanlon, DeDe Subject: Breck Expansion Concerns Dear Mayor Harris and GV Council Members, We live near Breck School and have some concerns I'd like to address. * What are the hours that construction will take place? We are strongly against it taking place before and after M-F, 8am - 5pm & anytime during the weekend. � Which days of the week can construction occur? * What is the expected process of the demolition of this building? This will be the noisiest portion of the process that may interrupt your "home office" schedule during the year and the enjoyment of the summer, from early in the morning through evening hours out of doors. * The construction process will effect not only the privacy of your home but also the enjoyment of the park where your children enjoy their summer days. What is the plan for construction traffic as they enter and exit the site? * This is understood to be "Phase 1" of a two stage process. What are the far reaching plans for Breck's structural expansion? * With this massive expansion, essentially doubling the existing site, this would imply that enrollment for the school could and should increase. As a neighbor, traffic is an issue in our residential area. You have experienced one traffic "accident" as a result of a Breck family. Will the litter along the off ramps and side streets leading in to Breck School continue to increase? * What will be the compensation to the change of your site line to the school? Will there be investment made to small wooded area on the furthest eastern portion of the campus along Natchez North? We look forward to hearing from you soon. Sincerely, Tim & Juliana Clarkson, 331 Burntside Drive 763-377-0090 February 13, 2012 Cris Gears Superintendent Three Rivers Park District Administrative Center 3000 Xenium Lane North Plymouth, MN 55411-1229 Dear Cris, I'm writing this letter to show support for year-round bike use,operation and maintenance of the Luce Line Regional Trail. As a resident of Golden Valley and a bike commuter, I use the Luce Line Regional Trail to commute to my job in downtown Minneapolis. I enjoy and appreciate the ease of my commute during the warm months when the Luce Line Regional Trail is not covered in snow and ice. During the months when snow and ice cover the Luce Line Regional Trail, I need to find alternate routes from my home to the Theodore Wirth Parkway trail. Fortunately,the distance from my home to the Theodore Wirth Parkway trail is less than a%:mile as the crow flies. Unfortunately, I have Highway 55 and a rail road bed and bridge in my path. This winter I have had to try many routes, depending on road and weather conditions, in order to continue commuting. None of these routes are as safe as commuting on the Luce Line Regional Trail, because each of these routes requires me to commute on frontage roads, city streets and/or Highway 55 with car traffic. As we all know,this has been a wonderful winter for winter bike commuting. I worry that next winter I won't be able to commute the entire season. I am a strong supporter of bike commuting, including winter bike commuting. Ethically I support taking my car off of the road during a daily commute which decreases my gas consumption, but my real reason for bike commuting is selfish. I am a mother of two who works full time. Bike commuting allows me time to exercise my body daily and also clear my mind before and after work. Bike commuting makes me a better employee, mother, spouse, and person. I hope that you will consider winter maintenance of the Luce Line Regional Trail for all of us who will enjoy and appreciate using it year round. Sincerely, Gretchen Snope 1320 Unity Ave North Golden Valley, MN 55422 Cc: Shep Harris, Mayor, Golden Valley Joanie Clausen, Council Member,Golden Valley Mike Freiberg, Council Member,Golden Vatley Paula Pentel, Council Member, Golden Valley DeDe Scanlon, Council Member,Golden Valley Rick Jacobson, Director of Parks& Recreation, Golden Valley Joan Peters, Park Representative, Golden Valley From: Emily Aiverson Sent: Thursday, January 12, 2p12 11:16 AM To: 'planning@goldenvalleymn.gov' Subject: Theo Wirth Park/ Bottineau Transit Importance: High Joe Hogeboom, I left you a voicemail and also wanted to send an email. I recently received your letter indicating the city is considering routing the proposed Bottineau LRT along the border of Theodore Wirth park (option D1 of the Bottineau Transitway Plan). I live on Xerxes Ave N and experience on a daily basis the nature and animal life that exists in the Burlington Northern Santa Fe Railroad Corridor. Routing a train every 7 minutes through this nature area for the "travel time convenience" of the north suburbs does not seem to justify the permanent damage to the environment and community surrounding this area. A few specific questions for you: • What is your perspective on this topic? • Will you be present at the meeting on Monday, January 23�d at 4:30pm at Theodore Wirth Chalet? • Was this project option already approved by the Park and Rec board? Golden Valley's uniqueness is centered around its dedication/commitment to nature. I would expect you would support and respect the community on this initiative and _ protect further develapment of our natural resources. Thank you in advance for a prompt response. Emily Alverson Huron Healthcare 550 W Van Buren St ( Chicago, IL 60607 P 612-636-8792 ( F 503-684-4203 ealversonCa�huronconsultingqroup.com www.huronconsultinq,qroup.com From: ealverson@huronconsultinggroup.com [ealverson@huronconsultinggroup.com] Sent: Sunday, January 15, 2012 2:48 PM To: Planning; Harris, Shep Cc: bottineau@co.hennepin.mn.us; Clausen, Joanie; Freiberg, Mike; Pentel, Paula; Scanlon, DeDe Subject: RE: Theo Wirth Park/ Bottineau Transit Hi Joe, Shep and GV Council, Me again. Are you aware of the specific proposal for the BNSF golden valley option? According to the RFP I am reading the current freight rail will need to be moved to the West in order for the new rail to be constructed (in Theo Wirth wetland/weak soil). This is major construction —much less than what is being perceived by the public I think. The notices I have seen to date sure make it sound like the train will run on the current track... which is not the case. I also read that the county and railroad is stating that the D1 Golden Valley option is cheaper and they support it. I would appreciate access to this data as frankly I just do not believe it. In addition to moving the freight raif, the county would be purchasing half of the land that the railway owns. How moving a freight rail and laying new rail in a wetland (impacting our water shed) be cheaper than laying rail on a concrete foundation in a developed area? In general, the more I read, the more helpless it feels. There seem to be some larger political interests (BNSF, Target, folks afraid of North Minneapolis) in control of this decision. It makes me feel like a "list of concerns" from Golden Valley will even make a difference. Please reassure me that it will.... Thanks again for your time. Emily Alverson Huron Healthcare 550 W Van Buren St � Chicago, IL 60607 P 612-636-8792 � F 503-684-4203 ealversonCa�huronconsultinqqroup.com www.huronconsultinqgroup.com From: Robin Price (robinhannah@gmail.com ) Sent: Tuesday, February 14, 2012 9:28 am To: City Hall Monday, February 13, 2012 7:45 pm Dear Mayor Harris & City Council Members, I love Golden Valley. I moved here 18 years ago from beautiful northern California and have happily made my home in this wonderful city. I chose Golden Valley for it's diversity: population, housing & wildlife. The proposed light rail line through Theodore Wirth Park, Mary Hifls & Sochacki Parks wi!! destroy the qualities that I hold dear. Bald eagles, fox,deer,owls all make Golden Valley a unique rustic retreat from busy city life...they will disappear with the praposed lite rail. As a first ring suburb, Golden Valley is already well served with direct roadway access to the Twin cities, and plenty of bus service. I have taken an informal poll of my neighbors (we all live within walking distance of the proposed rail station) and not one of them said they would need / nor want to use the light rail. Our neighborhood will be negatively effected by people parking on our neighborhood streets and by the constant vibration & rail traffic on the line. The wildlife will flee. The proposed D1 plan for the lite rail will severely detract from our whole city, our population does not need this mode of transportation. It will not enhance any businesses, it will only detract from my property value and that of my neighbors. I strongly urge you to NOT allow the D1 lite rail proposal to go through Golden Valley. Golden Valley is a gem of a small city with great housing, small business, wildlife & charm...the lite rail through our city will take of all that away. With the lite rail, Golden Valley could become a city that I no longer want to live in. From: carmen dougherty-heim (mn1 heim _aol.com} Sent: Tuesday, February 14, 2012 9:28 am To: City Hall My husband Erv Heim and I have attended Bottineau transit meetings so we are writing to express our concerns and the hopes that you will support our wish for the line to go on C corridor not D. We have a lavely area here in GOlden VAlley that we dont want LRT going thru it. We feel the incomes on C can use the line, the businesses wifl be helped & it will stop at North Memorial as they expressed at the meeting and the people went to the meeting becasue they want it. We do not want or need the line to go thru the wet lands and sparce pop D area just because they can go higher speeds and cost less. We moved to Bassett Creek Drive for the wet lands, wilflife and not more transit hoping to go high speeds every few minutes if you let this pass. I spoke with B. Shaffer when he was in office we discsused wet lands have to be replaced but not in the same area. Please support not having the transit go throu Golden Valley. Please send to all of the councel members ta get involved for their support. THank you Carmen and Erv Heim, 3840 Bassett Creek Drive From: Clark Meyer [clarkmeyer@yahoo.com] Sent: Sunday, February 05, 2012 6:34 PM To: bottineau@co.hennepin.mn.us Subject: Support for D1 Alignment (through Golden Valley) of Bottineau Transitway To: Brent Rusco, Hennepin County cc: Golden Valley mayor and city council members I would like to offer my support for the D1 Alignment (running through Golden Valley) of the proposed Bottineau Transitway. The benefits of running a LRT or BRT along a dedicated right-of-way far outweigh the D2 option of stopping at North Memorial Hospital and then through a residential section of north Minneapolis. The principal benefits of D1 are the following: • Maintaining fast travel time over the entire route. I would envision travel along Broadway and Penn Avenue to be painfully slow, worse than the Hiawatha line running down 5th St. in downtown Minneapolis. • Right-of-way purchase costs and construction costs I would think would be significantly less along an established rail line. • Ongoing operation would be far less disruptive to the residents of north Minneapolis. I also think it would make sense to consider moving the proposed Golden Valley Road station to Plymouth Avenue as recommended by the Theodore Wirth Park Master Planning effort. Transit projects traditionally focus on where people work and shop, but providing frequent public transit access to one of Minneapolis' premier parks also has value. I understand there is some opposition among some of my Golden Valley neighbors about running LRT or BRT near or through parkland. Certainly during the construction phase it would be disruptive; however, both LRT and BRT are quiet and vibration free. I do not believe it would negatively impact my enjoyment of Wirth Park. From personal experience of extended visits to a residential home that is one block from an above ground Washington Metro subway line, I can report that electric trains are relatively quiet and they create no noticeable vibrations —very different from freight trains and heavy rail commuter lines. Thank you for your work on the Bottineau Transitway and the well written draft environmental impact statement. Sincerely, Clark Meyer 4947 Culver Rd. Golden Valley, MN 55422 763-529-2630 From: Nancy Killian [nancylouise@comcast.net] Sent: Monday, February 06, 2012 6:54 AM To: Scanlon, DeDe Subject: Keep LRT out of Golden Valley Dear Ms. Scanlon, I want you to vote AGAINST any LRT coming through the Mary Hills and Sachacki Park area. This is a beautiful nature area enjoyed by many of the local residents. It really is one of the main gathering places for walking, biking, and meeting and greeting neighbors of all ages. One cannot just get these nature areas back after they are gone. What about the whole parkway situation? A light rail just doesn't fit in with a parkway and I am sure it is not what our city pioneers envisioned when they planned for and created Victory Memorial Drive and Theodore Wirth Parkway. I walk with several women in the evening on the parkway 3-4 times a week. Do you know how many people are out there with friends, family, dogs, bikes? It really is one of the only places left in/near North Minneapolis that it is "safe" and peaceful to walk. A parkway is not a parkway with Light Rail zipping by. The ongoing noise pollution is of great concern to me. The argument that is it cheaper to put in the LRT in this area is very short sighted. Money is not the only measurement of value. We have built and owned our home in Golden Valley since 1982. The nature areas are a major attraction and selling point for property in our neighborhood. You may not live by here but make you vote as if you did. VOTE NO FOR OPTION ONE. "They paved paradise and put up a parking lot" Joni Mitchell Nancy Killian > -----Original Message----- > From: Keppen Kettering [mailto:keppenk@gmail.com] > Sent: Saturday, February 11, 2012 3:55 PM > To: Clancy, Jeannine > Subject: I'm a Terrified Home Owner in your city > > Dear Ms. Jeannine Clancy, > > Running the disruptive Bottineau train through multiple cherished > parks is unacceptable in my eyes. All of the valued community events > and the peaceful joy these parks bring to a hectic city is something I will fight to keep —they are the reason I bought my house where I did. And it's not just about the disruption to wildlife; it's also about the people this will affect. There has to be a better (urban) rout that this train can take. With so few parks left in a big city, we really need to fight to preserve the ones we have. Even a minimal disruption is not okay. > > I also have another issue with that is destroying me. My house is located on Kewanee Way, and this will be IN my front yard. This is the first house my husband I have ever bought, we bought it to start our famify in. We have already gotten the tar beaten out of us for its value during this recession. We purchased this property for $240,000. This past winter we were trying to refinance and it was valued at $170,000! Could you image what this project would do to our already shattered home value?!? This would be a devastating blow to our lives and I don't see how we would ever be able to recover. The bottom line is this would destroy us financially through no fault of our own. This home is already a toxic asset, and will get even worse with the train, so much so I don't see how we would ever be able to sell. It doesn't leave us with any good choices. > > This community and I are owed an explanation and a plan for the future. Like I said, this project will most certainly devastate my life. I don't see how 1 could ever recover from this. > > I know the central corridor is doing a lot to help businesses that will be disrupted due to the light rail, so what will Hennepin County do for the home owners along the Bottineau rail? How will you help us? How will you make it so we are not the ones paying dearly for this project? > > Will there be compensation for our home's decreased value from a result of the rail location? > What about sound proofing for our home? > What about a safely/ privacy/ sound barrier fences? > But even that would not save the peace outside the home that we are able to enjoy today. > This is a nightmare for me. > > I feel I have expressed my fears and concerns. > I expect solutions. > Thank you, > Keppen Kettering > > Your communication is encouraged: > Keppen Kettering > KeppenK(a�qmail.com > 651-307-2700 (Mobile) > 2350 Kewanee Way, Golden Valley, MN 55422 From: Laurel Larsen<dzll(�a,comcast.net> Date: February 16,2012 11:49:01 AM CST To: <sharris(a��goldenvallevmn. ov> Cc: <jclausen ,goldenvallevmn.�ov>, <mfreibergr�,�oldenvallevmn.�ov>, <ppentel(u��oldenvalleymn.gov>, <dscanlon ,�oldenvalle mn.�>, <j clancvna��oldenvallev�.�ov> Subject: BOTTINEAU TRANSITWAY Dear Mr. Mayor, City Council Members, and Director of Public Works, The purpose of this letter is to express our opinion about plans for the Bottineau Transitway. We live at 2540 Dresden Lane next to the Mary Hills and Walter J. Sochacki parks. We believe that the light rail would have a negative impact on these parks as wild life and recreational areas if the Alignment D1 route is chosen. It seems clear to us that the Alignment D2 is preferable for several reasons: • It serves many more people because it goes through a more heavily populated area. • It serves more businesses and workplaces—North Memorial Hospital, Broadway/Penn and Plymouth Avenue. Many more workers commute to these areas than to Golden Valley road. • The three proposed stations on this route are heavily used and have good parking capabilities available. • No infringement on a local park with it's walkways, bike paths, and wild life. In contrast,the D1 route is through a park surrounded by low density residences and no businesses. The one station proposed for this route (the Golden Valley Road station)has no parking adjacent to it except St. Mary's church a block or so away. In summary,the choice seems clear. Why build a system that few would use and which reduces the quality of our parks? Sincerely, LaureClarsen DavidZook i -----�riginai ries5age----- From: wtsteacker@netscape.net [mailto:wtsteatker@netscape.net] Sent: Tuesday, February 14, 2012 4:09 PM To: Harris, Shep; Clausen, 7oanie; Freiberg, Mike; Pentel, Paula; Scanlon, DeDe; Clancy, 7eannine Subject: Bottineau: NO on D1. YES on D2 Dear Council Members: My wife (Robin Price) and I are strongly opposed to the D1 line and station proposed for Golden Valley. We have lived on 8assett Creek Drive for 17 years, just about 12 minutes from downtown. Establishing a rail line parallel to the existing line will not only disrupt this park setting with its wildlife and serenity but will create neighborhood issues of on street parking, unnecessary vehicular traffic and noise and vibration issues for all our homes along Bassett Creek. I have not seen any studies regarding noise and vibration level effects on our homes. The current rail movement on the existing line can be felt and heard in all our homes. Robin and I urge you to vote NO on the proposed D1 line. It seems absolutely preposterous to have a station established here when, as we have heard at meetings we have attended, that very few people in our area will use the line. Traffic congestion, noise, destruction of a natural environment so close to the city (something we all cherish) and home prices will undoubtedly have a negative impact on the quality of life we all find so special living here. We urge you to vote NO on the D1 line. William Steacker Robin Price 3900 Bassett Creek Dr. 1 To: Brent Rusco/Mark Stenglien Hennepin County 417 N. 5�` Street Suite 320 Mpls, Mn 55401 Re: Bottineau Transitway Gentlemen, I am writing this to express my opinion on the above Light Rail Transitway. Under consideration is the D1 route,which would run through Theodore Wirth, Mary Hills and Walter J. Sochacki Parks. Minnesota has long been a proponent of Parks and Nature areas. As the population grows this will become harder to maintain and keep the property set aside as parkland. Considering the D 1 route would disrupt and ruin what we already have, beautiful park and nature areas that everyone enjoys. The people surrounding these areas moved here because of the parks and tranquil surroundings that were present. Routing a train that will travel every 7-15 minutes will disrupt that and will take away what we have enjoyed for years and in the future will lower our property value of what we have worked hard for, not what we need in these times of declining home values. The D2 route is more preferred. Does it cost more money? Yes, but it will be traveling in an urban area that already has the traffic and noise. The people who live in these areas are used to this,not to mention that a number of riders would love the North Memorial Stop as they are a large employer in the area. In addition,the other stops would allow the people in this area great transportation to Downtown Minneapolis. When we built our house we picked a location in the inner ring suburbs because we wanted a short commute to both work and the Downtown area. Others wanted to be out further to be away from this area, now I am being asked to give up my park land so these people can have a easier and faster way to work. I don't think that is fair. If they want an easier way they can take the bus which has worked great for many years and will continue to do so for many years in the future. If they don't want this they can move back into town,where there are a lot of houses for sale. Being"Minnesota"is about caring for our environment. Our park lands are part of this and why would we want to destroy what we have worked hard to develop. Once we change this we will never get it back. Respectfully Submitted, Mike Rocheford 2420 Dresden Lane Golden Valley, Minnesota The Honorabie Shep Harris ' February 12, 2012 Mayor of Golden Valley �g 1 � 2��2 7800 Golden Valley Road Golden Valley, MN 55422 Dear Mayor Harris, I am writing to express my opposition to a light rail transit corridor running through Theodore Wirth, Mary Hills and Walter J. Sochacki Parks. My opposition is based on the following points: 1. Like many long term residents of Goiden Valley, we moved here 28 years ago to escape noise, sight pollution and crime. We wanted amenities within walking distance, such as the above three parks, and the quiet and peace that they provide. Our neighbors value these parks, whether or not they use them. The parks provide a buffer of silence and visual rest, which wili be compromised should light raii run through them. Residents of Robbinsdale and North Minneapolis value them as well. The academic literature finds that people place a value on parks'very existence. 2. Hennepin County may consider the above route a viable alternative because the land is cheap. It is cheap, maybe even free, as it is parkland! Yet there are likely better alternatives and development possibilities along current commercial areas, such as Broadway Avenue, where high traffic is aiready reflected in locai land values and the need for development is great. People are aware of the traffic when they move there. It is not foisted on them after the fact. 3. The"park" route seems a politically expedient alternative to a bus route down Broadway, given Minneapolis North Side residents' opposition to Hennepin County's proposed service center in their neighborhood. If so, why should Golden Valley, Robbinsdale and North Minneapolis residents pay the price in lost peace and quiet? 4. Given the radial nature of major transportation arterials and their increasing density the closer one lives to downtown, the greater the need for the calming that green spaces and wetlands provide. Why should residents of Golden Valley, Robbinsdale and Minneapolis be asked to give up scarce park space to support residents who chose to live in a more distant suburb with far less tra�c density? I ferventiy wish that the City Council will join the residents of Golden Valley and oppose the expropriation of the Walter J. Sochacki Park and the two adjoining parks. Thank you for your consideration of this matter. Sincerely, //Z��/�-� /� Robert R. Hagen � / �l� ��- %�� `�� February 17, 2012 Brent Rusco Hennepin County Bottineau Transit way, Projec�Management 701 Fourth Avenue South,Suite 400 Minneapolis, MN 55415 Re: Dedicated High-Frequency Transit Corridor to Northwest Suburbs Wirth Park/Golden Valley Segment Project Manager: As a resident of Golden Valley for over thirty years I encourage the development of good light rail service to our community,and to the entire northwest suburban region. The development of light rail is good public policy for many reasons invoiving the environment,economics,traffic congestion, housing affordability, improved urban neighborhoods and the curbing of urban sprawl. We do not need any more highway improvements like the I-394 gorge. It is a monument to days gone by. Such highways are massive and environmentally destructive; and they are increasingly unaffordable. We need alternatives. The immediate dilemma for commuters is highway congestion, and there is no realistic way of paving our way out of the mess that has been created. In partial alleviation of our problems, light rail should help to concentrate residential growth at key inner city and inner suburban locations. That concentration should make housing more affordable and it should help to curb urban sprawl. Furthermore, light rail would make it easier for all of us—particularly seniors—to use down town and local-area sports, entertainment,and restaurant venues. If we did not have to make nerve-racking drives,we would travel more often iocally, and feel safer and more secure in doing so. This is particularly the case during the winter months and at night. This is all very healthy for our cities and our future. We should not be parochial about new transportation initiatives, but critics of the Wirth Park segment of the 8ottineau lRT have some gaod observations. First, local observations regarding the impact of any large public works project on iocal property values and the quite enjoyment of immediate neighborhoods needs to be given considerable weight. Greater weight should be given local views than that of others who live beyond the immediate corridor. Near-by residents should not have a veto, but they should have a very significant say. The community as a whole should be heard as well. The proposed "Wirth Park route"does not serve the greatest bulk of Golden Valley residents,and at the same time it does further bisect our community and the adjacent park land. Some years ago an unswccessful candidate for Golden Valley City Council proposed that a light rail line should be constructed in the HOV lane of I-394. That was an eminently good idea that would have made the best use of that costly and ill-u'sed ribbon of concrete. But the idea was probably ahead its time. Such a project would have served a large purtion of Golden Valley,St. Louis Park,and communities beyond,all the way to Wayzata. That is the type of light rail our community needs,though it is an idea that is till beyond the imagination of the concrete and highway crowd that still dominates our transportation policies. Tom Zins Golden Valley, MN �815 Culver Road Golden Valley,MN 55422 02-12-12 �B 1 � 2012 Honora.ble Shep Harris Mayor of Golden Va11ey 7800 Golden Valley Rd. Golden Va11ey, MN 55427 Dear Mayor Harris: I am writing to express my concern about Hennepin County's possible plans to construct a light rail line in Golden Valley. The proposed line would cut through Theodore Wirth,Walter J. Sochacki and Mary Hills Parks, wildlife and recreation areas. A light rail line through these areas would have a tremendous negative impact on these areas and the surrounding neighborhoods. The people that designed these parks and other parks in the city were very wise. T'hey knew that in order to have a healthy city,we needed places where people could feel a connection with na.ture and have some quiet. Light rail through these areas, although relatively quiet, would be very disconcerting to hear and to see. 1. Nature areas play an essential part in the physical and emotional health of people living in the city. Sochacki and Mary Hills pazks aze profoundly quiet and are used by many people every day for exercise and relaxation. A light rail line would cut off access for the residents living on the East side of the park,would be a danger to wildlife that live in the pazks and to children playing in the pazk. If the lines were fenced,this would be an added negative visual impact. 2. There would not be a benefit to this area. We already have good express bus service to downtown within walking distance. The possible stop at Golden Va11ey Road would not make sense, as people would have to drive there and there is no room for parking. The stop would be below grade and would be isolated and not secure. 3. Theodore Wirth is also such a treasure and is used by people from a11 over the city in every season. When I tell people that a light rail line could be going through this park,their jaws drop and then they say, "I can't believe it!" We need to fiercely protect this pazk for future generations. 4. When we moved here twenty-eight years ago,we specifically looked for a house in a quiet neighborhood with bus service my husband could take to work doumtown. Although we support light rail generally,we do not think it should be used to encourage more urban sprawl. People should be encouraged be more responsible and to live nearer to their place of work,but in order for this to happen,we need cities to be livable and this would have to include parks and nature areas. We love our neighborhood and do not feel the need to race out of town every weekend to escape to a cabin. This is another type of"rush hour"traffic. 2 5. Light rail is costly;it needs to be built where is can do the most good and the least harm. I supported light rail construction down Hiawatha and University Ave.,but these already were busy corridors. I do not support putting light rail through residential neighborhoods and wildlife areas. This is excessively punitive for people living in these areas. 6. Some might say,"Well,you already have a rail line rnnning through these parks". Yes,but I believe there is only one train that runs through once a day in the middle of the night. The effect is negligible. Thank you for your time and consideration. I hope tha.t an alternative route for the light rail can be found that will be beneficial for the areas through which it passes. If not, I hope that other options will be found. I encourage the Mayor of Golden Va11ey and City Council Members to do their best to protect our city for this and future generations. Sincerely, S��''�-�, r��s�. _1 Sheila Bahl From: Tammi Hall <btnhall(a�yahoo.com> � Date: February 17, 2012 9:21:15 AM CST To: "bottineau ,co.hennepin.mn.us" <bottineau(a�co.hennepin.mn.us>, "brent.rusco(c�co.hennepin.mn.us" <brent.rusconae,co.hennepin.mn.us> Cc: "iclancy��;oldenvalle� o�v" <jclancvna��oldenvalle mn. o�v>, "m i�r mesna,goldenvalle�_gov" <m 'mes ,goldenvalle�gov>, "tburt(�a,�oldenvalle�gov" <tburt(c�goldenvalle��>, "sharris�a�oldenvallevmn.�ov" <sharris(�a,goldenvallevmn.gov>, "jclausen(�a,�oldenvalle m .gov" <iclausen(a��oldenvallevmn.gov>, "mfreiberg�,goldenvalle�gov" <mfreiber�n,�oldenvalle m .gov>, "ppentel(cr�,�oldenvallevmn.gov" <ppentel(�p,goldenvalle�_�ov>, "dscanlonna,�oldenvalle�mn•gov" <dscanlon(c��goldenvalleymn. o�v> Subject: Light rail Reply-To: Tammi Hall <btnhall�,vahoo.com> We are thrilled that the north and northwest metro will be gaining access to the light rail system through the proposed Bottineau Transitway. That said, we are opposed to the option of running the light rail along the existing railroad through Theodore Wirth Park for the following reasons: 1) The park is a wonderful recreational and natural area utilized and appreciated by so many residents. To disrupt this natural area with light rail running every 10 or 15 minutes all day, not to mention the development of stations, would be a tragedy. I am shocked that the county would even consider running light rail through a park. I realize that trains run on the existing track through the park but the current disruption to the park from the railway is very minimal due to the low number of trains utilizing the track. This utilization is very different from a light rail train running every 15 minutes all day every day and the attendant people traffic with a light rail system. 2) There seems to be several drawbacks to a station on Golden Valley Road - access to the station given the current railroad is way below the road and the lack of space for arn� parking. For most Golden Valley residents who plan to utilize the light rail a station in Robbinsdale that offers more parking and better access would be more convenient or at (east as convenient as the Golden Valley Road option. There is currently a large unoccupied space (the former Robbinsdale Farm and Garden) that would provide an excellent location for a light rail station. It might also have a positive impact and bring traffic to the many local businesses in downtown Robbinsda(e vs. bringing traffic and disruption to a natural park area. There are also severaf senior living complexes in Robbinsdale that would benefit from close proximity to the light rail. 3) At the community meeting we were told that due to the potential drawbacks of the station on Golden Valley Road a second option under consideration was Penn Avenue directly across from the Theodore Wirth clubhouse building. We strongly oppose this option as the development of a station would bring even further disruption to the natural area in the park. The option of running light rail along Broadway through north Minneapolis seemed a better choice to us for the following reasons: 1) The Broadway route seems to be a better solution for meeting the goal of providing transportation to residents without their own means of transportation. According to the presentation at the community meeting there are, in some north Minneapolis neighborhoods, up to 50% of residents without transportation. It seems to me that for these residents close proximity to the light rail would be a huge plus. A route through the park and a station at Golden Valley Road is too far away for many north side residents as they would need transportation just to get to the light rail line and station. 2) With light rail comes development of stations and adjacent areas. It seems to me that the Broadway and north Minneapolis communities could greatly benefit from this development, especially considering the damage to the area from the recent tornado. The light rail should offer the opportunity to re-develop and invest in this area to create a better neighborhood for all. We appreciate the opportunity to learn of the light rail proposals and provide feedback. We look forward to the positive impact light rail could bring to our community and the opportunity to leave our car at home and utilize this great community transportation! Robert and Tammi Hali 2936 Perry Avenue North Golden Valley, MN 55422 z From: Dave Bucher [mailto:dkbmd@hotmail.com] Sent: Wednesday, February 15, 2012 8:53 PM To: Harris, Shep; Clausen, Joanie; Freiberg, Mike; Pentel, Paula; Scanlon, DeDe; Clancy, Jeannine Subject: Bottineau Transitway Dear Council Members/Mayor, Thanks for taking input on the various proposals for the extention of light-rail to our area. While the D 1 proposal would be geographically more convenient for myself and partner(we routinely take the 14 bus to Downtown to ride the Hiawatha light-rail to the airport),the D2 alignment appears to make better sense for serving a much more dense neighborhood and greater population base,many of whom would be well served by the train. The stations at North Memorial and along Penn Avenue would undoubtedly be much busier than a more isolated station on D1 at Golden Va11ey Road. We would like to voice our support for the D2 alignment in your deliberations in representing our neighborhoods of Golden Va11ey. Dave Bucher Bill Cooper 4000 Bassett Creek Drive i � �� ,�� a�� `�� _ / F � Z � �e � .� � G�� 1�� C� ;,�� f-- ��L� --� � �� -� ��. �� w,-� kJ �1 C� �11�1,�.,�Q U� �c�C✓C� � c� ,,� �.� ��-� � `� �� G� � �� / �� b �x�-� `— ��`�-'f ��.� �..�.� � �.-� lf ,��., �, - . � c,c,��i.� �-� `�'�'�`� .�-� c�� 's c�C.� , c,,� � l�c,� �`� , G� ��.cti� �; �'�'� , � �c.� (.�-�. � � � `��i� � t • � � �� C� �`� � Gra �� , ' 4'�.� r-��1�,� � �'� r�,��-� ��--, � �=�� C[�..�,t.P � �r�� ""V Gc� �— �- c.,c�� o�,��C'e , { u�.�' (,� G , �r, �c to�� C'.,�Ccc tn cv �� - , , � � �;�,. ��-uc�--- �-e-�� r.�.� �-�t�,e Cc�o �- - ,�.�.; �� J � � i � �� L�a�� ,� �� , +�� l. �� G:t3�c�'C'� G� �Cn-r1r�c � G� C�-� �" �� c-�' �cc,�'�.'` C�`r��s �� S� � ��=:,��I � � �� ea� �� .. Stop the light-rail obsession. (We'tl save money if we get ott�.) � Star'1'ribune.com Page 1 of 5 .......................................... ._ YOUH�3IIIDETOTI-I67WINCITIES Logln Register Help SubscriberSarvfces BuyAds Store Silelndex �archthe,SlarTtlbune , +, . � .:,.:�. v.•: :�..:�.�...:: :.;;5•��5:�:>::�v ti• ..M1. ;,...:.;..,.,,;.. � :<<;:'i'':;:k;:;:��:tj:��ti�:i c;�.''.;%::;:i;;�� K. } � ..:,...:., ..... �::,;::; t t '� . }^ :�r�':;:'� :i S;j;i!:7�`.C�E'''',�3`��i°�5�:�'i'3:°w,1,s'a�''�,��3,i:%;:;:: ��"��1�� Comrnentaries :,:: ,;;,.v: ,::... �. ,.�, .:. .. <t:.;�N� ��'� ��¢ ��:::,:;::<.�:::>:. � . . . ��>�..�:��:��:�> �.,,... ,.:.r N�vs Local Sports Buslness Politics Opinlon Lifestyle Entertainment Obituaries ciassineds nutos Housinfl .�ot t� EdkpdrN OwColumnlots CommeMarfa� Cartoon� Leriars --' . ------------.._...�-------------. __..._/ — ►�m� Opinion at��s�. • Stop the light-rail obsession. (We'll save morn StoK� the light-rail obsession. (We'll save money if get c�ff.) Article b��:DAVID OSMEK Updated:February 1,2012-8:32 PM 194 comm�m� �resizo texf 'j3 priM buy raprinta ..:...:.:.... ' �'' :.,.n,,,., edll �•.r;,;, afd . : � : .......... � :x:;,a a� ^ $ '„ ba I+ :.� -�:� '� . � . . L•'S6C�.4c9t?�xwi.:%.:i:;�; . ::.. . . _ . .. . ,. ., :.. : ,,�. <'•,..��``>. � •; :.....::.:.,.,.:::.,.:.�.....I's ' a sinEt:::.::..::...;:.,..: niawama ugnt=refi i�ne is . 99 cenis bi'[n�s'cos ,� � , °�%.::.=:'<; :�°` leaving almost 60 perce�t to be subsid'¢ed by the public. k .. �,, �,.. < t:£;;<;.. '��"'��.,'�., i :; ,�. ; But ihis is not the true cost of a ride,as it does not include the 3U- ; ::••::�.. ......,. ......, � �..':' ' ��`��j� year amoAized costs of 6ondi�g for the build-out of the line.Adding "^:{r ' �:^;;;��;'�'• ...� those costs in,at a 4 percenl bond interest rete,a single ride actuall �� ::f ;<;::sr;�sa'�� cosis$6.42,which means eech ride is subsidized b 85 ercent. ::i>':;:3::, r Y p :�,�;;:: N a(amily of tour rid�s the Hiawatha Line to a Twins game,ihe publ is paying a lotal o!543.36,while the dders are coniributing$3.96. Right now,we are peying over$15 miilion each year to keep the Hiawatha Line operating.Adding in the amortized cosis of building Ihe line,iPs more than$56 millron in laxpayer dollars each year.Ye: some of the costs were federaily(unded,and other revenue stream� are bearing some o1 the burden.Bul wilh frillions of dollars of deficit spending,do we reaMy want to add to the debt thet tuture generatior will pay/or decades to comeT Using the Hiawatha Line es a model,let's project the costs o(ihe Cenlral Comidor and Southwest qnes.Assuming the same level of revenue irom ridership and operating costs,the Cent�al Corridor will require more than i17 m�lion each year in operating subsidy and more than a55 miliion a year for the amo�iized costs.The new 5outhwest line will require more ihan$12 million in operating subsid wilh more than S72 millio�in amo►tized costs.And don't(orget abou ' Northstar commuter raN,which has an annual operaNng subsidy oi over$13 million,wlth emoAized costs of over$18 million. Once all four lines are in operation,the public wili pay more than$51 million each year lo just operate Ihe lines.The actual cosls.with tne I , amortized buildout cosfs induded.'s just sAOrt of a quar�r W a tilr �s MCh jYef. I� � 11Ms is tor a mode of transpottalbn A�at,in nN cpinlan,h�t• �agligibta effect on traflic congestion and would be more eaonomically provided by existing bus servbe.Even worse,we are teking money away irom building or rebuilding crilioa!highway � in/raslructure needs to operele this incredibly expensive mode of trensportation.5tarving tha res!of our transportation system in(avoi d a mo�e expensive,less efflcienf and totaliy inflezible lighl-rail aysiem is the epftome of polilics trumping common sense. Propo�e�is will cite the fact lhat light rad will create jobs.But sa will building lane miles and b�idges.Minnesota Depariment of Transporlation studies have proven that raads have a benefd/cost ratio greaterthan one,mea�ing that the economic benefil of a projei outweighs the actual cost of the improvement and wfll pey for NseK over lime.Most road and bridge projects have ratios of three or four, mea�ing that S3 or$4 ot ca�ulated value is retumed tor every doliai oi costs.The Hiawetha Line was projecied at 0.42 in f 999,meaning ihat for every dollar spenl,we receive 42 cents i�vatue. When you look at Ihe cosis,building more ligfit rail lines is nothing shorl ot a money pN that will bank►upt our state and our nation.It is time to cut our losses and stop Ihis madness. David Osmek is a member of the Mound City Council and a Republicen candidate for t��state Senate. http:/i�vww.startribune.com/opinion/otherviews/13 8524389.html H.��.�.E.�.�, ��1 C. Ac�ess To Emplayment W��r�viefe quality�ervices to assist indrviduals in achieving their g�uls trr Iive and u�ork in the c�mmunity. Corporate Office 2950 Pfetro �r,;Ste.308 5801 Duiuth`S#.,Ste.3d5 19'14 Ueiversity kve.,Sie. !65 3001 Metrt► {3r.,Ste. 300 Blunmington,MN 5�425 Golden Valley,MN 55422 St.Paul;MN 55104 Bloomington,MN 55425 phane 952.253.IOSQ phone 763,t31A260 phone b51.64SSZ3t phone 952.252.I p44 €ax 952.252.1452 fax 763.231.02b9 fax 651:645,5969 fax 952.252.1048 February 3,2012 Dear Mayor Harris and Gdiden Vailey City Councii members: My name is Pam 1'essmer. I am the Chief Pragram Qfficer of H.O.M.E.S. Inc.and Access To Emplayment. i am writing in support of the Li�ht Rail line proposed in Galden Valley. We,are a socia)service agency loca#ed here in the Metro a'rea and in Virginia,Hibbin�and Grand Rapids, Minnesota. We support peopte in achi�ving their goals to live and work in ihe community. tn the Mefiro area,the majority of the support provided is vacatit�nal services to individuals to find and maintain commun�ty ernployment: The individuals ave support rely aimost exclusively an public transportation to get to and from wbrk. Since we have people working directly for comrnunity business,we do not provide the::tran$portaCion to the individuais we serve. Last year,we served 11�ind`rvidual throughout Hennepin from our Golden Valley offfc�'and just aver 300 throughout the'Metro area. Adding the light Rail line,in my opinion,just makes sense. it links Goiden Vailey to other Metro suburbs and MinneapoGs. It gives peopie wha rely an public transportation another option to get where they need to go. This'is especiaUy true for those with disabilities and seniors. We have offices in Blaomingtan andSt Paul both near#he current and soon to be Light Rail iines and have seen firsthand the impact ta the communi#'tes where the lines exist. In my opinion, it has been a positive one, increasing businesses and revitalizing neighborhoods: Thank you for considering rny comments in rnaking your decision about LigMt Rail: tf you have any further questions or need further ciarification, piease do not hesitate to cal!or email. My phone number is 952 25Z-1044 and my email is ptessmerCa�homes-mn.org. Sincerely, : °----..,,> f��-'�(�='" Pamela K Tessmer Chief Pragram Officer, H.O.M.E.S., Inc and Access Ta Employment pt �05 i,12th Ave.W,Ste.6 ZOQ NW 1st Ave,Ste.7 401 7th S�$E,Ste. I 3535 9th Ane.W,Ste. 138 Virginia,MN 55742 �ra�d Rapids,MN 55794 Graad Rapids,MN 557�4 Nibbing,MN 55746 phone 218.749:Q$44 phone 11$.3�b.�03b phane 21$.327.15Q0 phone �1$.Z83.$911 fax 218.741.06$2 fax 218.32b.2b$5 fax Il$.327.2117 fax 218.1d3,71bQ City of Golden Valley Attn: Public Works-Jeanine Clancy 7800 Golden Valley Rd Golden Valley, MN 55427 Subject: Light rail in Golden Valley Dear Ms. Clancy, I am writing you today to protest the light rail initiative in Golden Valley that would run through the parks of Theodore Wirth, Mary Hills and Walter J. Sochacki. The parks and green areas of Golden Valley are what set it apart from other suburbs. There is an abundance of wildlife in these parks, including deer, red fox, squirrels, rabbits and an occasional coyote. Additionally there are grasses, wildflowers, soaring birds, walking paths, picnic areas and a general sense of peace and harmony. These parks are heavily visited by the local residents and provide a place of recreation for our young adults and teens. I have personally taken on the responsibility of keeping these parks clean and picked up for the last 23 years. You will be hard pressed to find a discarded container or other debris anywhere between 36�' Street and Golden Valley Road. There are many residents like me that love, respect, and value the unique experience these parks offer. The equipment needed to build the light rail will flatten the vegetation(look at the dredging project this past suinmer for flood abatement), drive off wildlife and will disrupt the peacefulness and tranquility of the parks and surrounding suburbs. The light rail is scheduled to run every 7-15 minutes during rush hours and every 30 minutes early in the morning and late at night. At present the only traffic through these parks is the BN Railroad 2x a day(l0am and 4pm). Clearly, surrendering this precious asset to a light rail project that primarily benefits those in oiher communities is a loss to the residents of Golden Valley that is uncompensated. Living close to this corridor, I will see the value of my property diminish as will my neighbors. Please, you must say no to this project and save a big part of what makes Golden Valley the special place it is. Sincerely, William Linder& Sue Linder 2640 Kyle Ave N Golden Valley, MN 55422 � �,!_l.� ,�`JVIi�.r°�� 1�-',�'�.�r'f1� �'�'"'e"!2=r... .:�.i.�l.ss�'L.P.�! C 3. 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E•ti'l./ �� / ^ � !� / G.j` ! � 7 ' ' ��:�,..u�� ; , � , . ��- � �/ � �� a-'4 ��-L`�� '� . , �� 7. .�� =�C��.�. �--�� /, ., /.�.,,, �`�n ��'..� �/�ti .�`�"�� •2 Regular Meeting of the Golden Valley Planning Commission January 23, 2012 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, January 23, 2012. Chair Waldhauser called the meeting to order at 7 pm. Those present were Planning Commissioners, Cera, Kisch, McCarty, Schmidgall, Segelbaum and Waldhauser. Also present was City Planner Joe Hogeboom, Planning Intern Bryanna Vidden and Administrative Assistant Lisa Wittman. Commissioner Kluchka was absent. 1. Approval of Minutes November 14, 2011 Regular Planning Commission Meeting MOVED by Schmidgall, seconded by Segelbaum and motion carried unanimously to approve the November 14, 2011 as submitted. 2. Informal Public Hearing — Planned Unit Development Amendment— Final Plan — 7200 Wayzata Blvd, Lupient Infiniti — PU-66 Amendment#4 Applicant: Lupient Infiniti Addresses: 7200 Wayzata Boulevard Purpose: To allow for the expansion of the showroom and entry of the Infiniti dealership plus a car wash addition to the north end of the building. Hogeboom reminded the Commission that they reviewed the Preliminary Plan for this proposed PUD Amendment at their November 14, 2011 meeting. He referred to the site plan and noted that the applicant has added the striped walkway in the parking lot as requested by the Planning Commission and that they've also submitted a landscape plan per the City Council's request. Segelbaum asked if staff has looked at the maintenance of the private roadway as was discussed at the November 14 Planning Commission meeting. Hogeboom said the road was inspected and that there were some potholes, but no major maintenance concerns. Segelbaum asked if staff wrote a review of the landscape plan recently submitted. Hogeboom said staff did review the plan but did not write a staff report. Ken Nordby, NAI Architects, showed the Commission pictures of the existing building and pictures of how the building will look with the addition of the car wash, expanded entry way and glass feature wall. Waldhauser referred to the west side of the building and asked if there has been any thought given to installing deep-rooted plants to help with water run-off issues. Minutes of the Golden Valley Planning Commission January 23, 2012 Page 2 Jeff Lupient, Applicant, stated that five or six evergreen trees were planted on the west side a couple of years ago to help with the water issues. Waldhauser opened the public hearing. Stacy Hoschka, 6400 Golden Valley Road, asked if the rain spouts on the building are directed toward the green space. Lupient explained that most of the water goes to the west toward the green space. He stated that they also put in a curb along the west side of the property and there is a culvert that runs into a rock basin and then into the street. Seeing and hearing no one else wishing to comment, Waldhauser closed the public hearing. Kisch stated he feels the applicant has incorporated everything that was asked of them. The Commissioners agreed. MOVED by Kisch, seconded by Schmidgall and motion carried unanimously to recommend approval of PUD #66, Amendment #4 to allow for the expansion of the showroom and entry of the Infiniti dealership plus a car wash addition to the north end of the building subject to the following conditions: 1. The plans submitted with the application shall become a part of this approval. These plans were prepared by NAI Architects and include the following: existing and demolition site plan, proposed site plan, existing floor plans, orientation plans, floor plan — building A, floor plan — building B, exterior elevations and landscape plan. 2. All recommendations and requirements outlined in the memorandum from Deputy Fire Marshal Ed Anderson to Mark Grimes, Director of Planning and Development dated September 27, 2011 shall become a part of this approval. 3. All signs on the property must meet the requirements of the City's Sign Code. 4. This approval is subject to all other state, federal, and local ordinances, regulations, or laws with authority over this development. 3. Informal Public Hearing — Planned Unit Development Amendment— Preliminary Plan — 123 Ottowa Ave. N., Breck School — PU-88 Amendment#1 Applicant: Breck School Address: 123 Ottawa Avenue North Purpose: To allow a portion of the existing two-story building (the upper school) to be demolished and replaced with a new four-story building. Vidden gave a brief history of the site and explained the applicant's proposal to demolish and rebuild their upper school building. The proposed new building will include a renovated media center, consolidation of administrative services, additional small-group Minutes of the Golden Valley Planning Commission January 23, 2012 Page 3 meeting space and updated mechanical and electrical systems. She stated that horizontal expansion of the buildings is limited by wetlands, floodplain and the existing athletic fields. She added that there is no planned increase in enrollment and this is the first phase of a larger project. She showed the Commission a rendering of the proposed new building and noted that the new building will be 70 feet in height compared to the existing chapel bell tower which is 96 feet in height. Segelbaum asked if staff believes Breck manages traffic satisfactorily. Vidden stated that the amount of traffic should not change as a result of the proposed construction because Breck's enrollment is expected to stay the same. Hogeboom added that the Public Safety Department works with Breck regarding traffic management and the construction traffic will be managed during the building permit process. Segelbaum asked if staff requested the proposed green roof. Vidden stated that the City did not request the green roof, Breck proposed it. Hogeboom added that because Breck is not proposing to expand the footprint of the building by more than 10% they will not be required to go to the Bassett Creek Watershed Management Commission for review. Wendy Engelman, Business Manager, Breck School, said they are very excited about this project. The proposed changes will better fit their curriculum and they will work with the City to address any traffic and safety concerns. Waldhauser referred to an email sent by a neighbor concerned about the hours of construction. She asked if that issue will be addressed during the building permit process. Hogeboom said the hours of construction can be addressed during the building permit process and the City will work with Breck at that time, however, the City's noise ordinance typically allows noise from 7 am to 10 pm. Cera asked about the next phase of the project. Engelman stated that future plans call for a similar addition to the west for the middle school. Kisch asked if there is any way to shrink the floor to ceiling space so that the building is not so talL Dick Strassburg, Owner's Representative, explained that they have been working with their architects regarding the height of the building because they have the same concerns. He explained that the future phases will be kept at the same height and the buildings will "step back" so as not to feel overwhelming. Engelman agreed that the height of the building is a concern and noted that the chapel is the main focal point of the school. Kisch asked about the type of construction being proposed. Strassburg stated it will be steel construction. He explained that the classrooms will have 10-foot high ceilings with an additional 2 feet for mechanicals. McCarty questioned the need to double the space if the enrollment is not expected to increase. Engelman reiterated that the proposed addition will have small group meeting Minutes of the Golden Valley Planning Commission January 23, 2012 Page 4 and tutorial space, seminar rooms and media space as well as additional classroom and lab space. Schmidgall questioned if it is within the Planning Commission's jurisdiction to question Breck's design and program issues. Waldhauser opened the public hearing. Barbara Busick, 4736 Glenwood Ave, said she assumes construction will start in the summer and asked how long construction will last and if there would be construction on weekends. Hogeboom said construction would probably start in June. Busick asked if there is a process to inform the neighborhood about the time construction will occur. Hogeboom said there is no process however staff will be working with the applicant on construction hours and traffic issues. Busick asked if it would help to call the City with her concerns before building permits are issued. Waldhauser suggested Busick email or write her concerns to Hogeboom. Waldhauser also noted that there will be three more public hearings with opportunities for neighbors to express their concerns. Busick suggested that Breck use multiple streets for their construction traffic in order to spread it out. Douglas Weiss, 400 Natchez Avenue North, said he is concerned about the building height and his view being changed. He said he would like to see drawings of how the building will look and that he would rather see a three-story building instead of a four-story building. Stacy Hoschka, 6400 Golden Valley Road, asked if Breck will be required to submit a Stormwater Management Plan and who would review the plans. Cera noted that the City Engineer will require Breck to submit a Stormwater Management Plan and obtain a Stormwater Management Permit. Seeing and hearing no one else wishing to comment, Waldhauser closed the public hearing. McCarty said he is concerned about the height of the building. He said he thinks the proposed height would be more appropriate if their enrollment was increasing. Kisch agreed that the proposed height is a concern, but he doesn't share McCarty's concerns about enrollment. He commended the design and said it is a great project to move forward on, but he would like Breck to push their architect to reduce the height. He said he would also like to see more articulation on the east and west sides of the building. Segelbaum said he supports the proposal and is pleased to see Breck investing in the community. He added that he is concerned that traffic may increase with the amount of added space. Minutes of the Golden Valley Planning Commission January 23, 2012 Page 5 Cera said he doesn't believe that the construction traffic will be anywhere near the current morning and afternoon traffic. He said he is in favor of the proposal and he likes the green roof and that the footprint of the building is not expanding. MOVED by Cera, seconded by McCarty and motion carried unanimously to recommend approval of the proposed Preliminary Plan for PUD 88, Amendment#1, Breck School subject to the following conditions: 1. The plans submitted with the application shall become a part of this approval. These plans were prepared by Holabird & Root and include the following: G1-3 site plan, G1- 9 green roof& ground coverage diagrams, G1-10 overall 100, 150 & 200 level floor plans, A2-1 foundation floor plan, A2-2 100 & 150 level floor plan, A2-3 200 level floor plan, A2-4 300 level floor plan, A2-5 400 level floor plan, A2-6 500 level roof plan, penthouse plan & 600 level penthouse roof plan, A2-7 150 north classroom renovation floor plan, A4-1 and A4-2 building elevations, A4-5 building sections, new upper school elevations and diagram comparing height of existing chapel bell tower and proposed new building. 2. The recommendations and requirements outlined in the memo from Deputy Fire Marshal Ed Anderson to Mark Grimes, Director of Planning and Development dated January 10, 2012, shall become part of this approval. 3. The.recommendations and requirements outlined in the memo from Public Works Specialist Eric Eckman to Mark Grimes, Director of Planning and Development, dated January 13, 2012, shall become a part of this approval. 4. All signs on the property must meet the requirements of the City's Sign Code. 5. This approval is subject to all other state, federal, and local ordinances, regulations, or laws with authority over this development. 4. Informal Public Hearing —Zoning Code Text Amendment—Amending Section 11.70 "Off-Street Parking and Loading Regulations" —ZO00-89 Applicant: City of Golden Valley Purpose: To consider amending the amount of parking required for certain uses. Vidden stated that she studied the City's parking requirements in response to a request by the Planning Commission to determine if Golden Valley requires too much parking. She discussed her study which included comparisons with other cities and explained that staff is recommending to amend the parking regulations to require fewer parking spaces in nine of the use categories. Waldhauser asked for examples of which properties would be impacted by the proposed amendments. Vidden stated that her study showed that Golden Valley is on par with other gimilar cities. Minutes of the Golden Valley Planning Commission January 23, 2012 Page 6 Waldhauser referred to the parking requirements at ball fields. She stated that ball fields are heavily used and there may be complaints about there not being enough parking spaces. Kisch agreed and said currently the City tends to approach parking as requiring a minimum amount rather than a maximum amount. He referred to Walgreen's recent variance request for fewer parking spaces than required because they didn't feel they needed as many as the City Code required them to have. He said he likes parking language that puts more emphasis on a use and puts a cap on the number of spaces allowed rather than a minimum. Segelbaum asked if comments or complaints regarding parking could be examined. Hogeboom stated that comments or complaints are dealt with on a case-by-case basis and that there isn't a data base kept on file. Cera referred to the requirements for ball fields which states that 1 space is required per 6 seats. He questioned how "seats" are considered when there are no benches or bleachers. He also questioned the requirements regarding gas stations and if a service stall or a space at the gas pump is counted in the parking totals. He questioned if the numbers proposed for gas stations were inadvertently raised instead of lowered. He suggested ball fields and gas stations be looked at again. Hogeboom said he would talk to the Park and Recreation Department about the parking at ball fields in order to get a better idea of how many spaces to require. McCarty referred to the "adequate plan" language and asked how that is defined because it seems ambiguous. Schmidgall said he thinks this draft was a nice effort and is moving in the right direction. He added that the City almost always reduces the amount of parking required for developments when asked to do so. He said he would be inclined to recommend approval of these proposed changes and take another look at it in the future if needed. Waldhauser opened the public hearing. Stacy Hoschka, 6400 Golden Valley Road, referred to Meadowbrook School and stated that it is unique because it is also a community center. She questioned the number of parking spaces required for those two uses. She added that parking is a really big problem at Meadowbrook and there aren't nearly enough parking spaces. Hogeboom explained that the regular parking requirements in the Zoning Code don't apply at Meadowbrook because it is a PUD. Therefore, the PUD Permit would dictate the parking requirements. Seeing and hearing no one else wishing to comment, Waldhauser closed the public hearing. Waldhauser said she would like to have staff provide some examples of properties where adjustments could be made and examples of properties where there aren't enough Minutes of the Golden Valley Planning Commission January 23, 2012 Page 7 parking spaces or where there are too many parking spaces. Hogeboom said that staff will assign specific businesses to Pl�nning Commissioners to review over the next several weeks. Commissioners will be asked to look at whether or not there is adequate parking onsite, whether or not snow is stored in the parking lot and if parking lot usage increases or decreases at different times of the week. Staff will revisit parking regulations with the Planning Commission at a later meeting to see whether or not the Commission recommends making additional changes MOVED by Segelbaum, seconded by Kisch and motion carried unanimously to table the discussion regarding amending the Zoning Code Section 11.70 "Off-Street Parking and Loading Regulations" 5. Reports on Meetings of the Housing and Redevelopment Authority, City Council, Board of Zoning Appeals and other Meetings Waldhauser reported on the Bottineau Transifinray open house she attended on January 23 and reminded the Commission that there will be a joint meeting with the City Council, Environmental Commission and Open Space and Recreation Commission on January 30. 6. Other Business Waldhauser stated that she attended Planning Commissioner training and she would like to share the MnAPA Citizen Planner Handbook with the rest of the Commission at a future Planning Commission meeting. The Commission agreed that meeting on a scheduled meeting night would work best. 7. Adjournment The meeting was adjourned at 8:25 pm. David A. Cera, Secretary Golden Valley Human Services Foundation (GVHSF) Meeting Minutes November 14, 2011 Present: Daniel Blumb, Hilmer Erickson, Elissa Heilicher, Brenda Hayle, Chris Monroe, Diane Nimmer, Connie Sandler, Toots Vodovoz. Also attending: Jeanne Fackler, Staff Liaison. The meeting of November 14t" was called to order by Chairperson Sandler via conference call. October 10 minutes: Sandler moved and Monroe seconded the motion to approve the minutes of October 10. The motion passed unanimously. Other Business: Council presentation: Sandler will be attending the Council meeting on November 15tn updating the Council on the following: 2011 Name Change 2011 Events (Run the Valley and Golf Classic) Community Foundation Solicitation Letter Sponsors and Supporters of the 2011 events Approval for 2012 budget and funding allocations RespectFully submitted, Jeanne Fackler GVHSF Staff Liaison JOINT WATER COMMISSION MINUTES Golden Valley - Crystal - New Hope Meeting of December 7, 2011 The Golden Valley— Crystal — New Hope Joint Water Commission meeting was called to order at 1:30 pm, in the City of Golden Valley Council Conference Room. Commissioners Present Tom Burt, City Manager, Golden Valley Anne Norris, City Manager, Crystal Kirk McDonald, City Manager, New Hope Staff Present Tom Mathisen, Director of Public Works, Crystal Randy Kloepper, Water and Sewer Superintendent, Crystal Paul Coone, Operations Manager, New Hope Bernie Weber, Utilities Supervisor, New Hope Sue Virnig, Finance Director, Golden Valley Jeannine Clancy, Director of Public Works Dave Lemke, Utilities Supervisor, Golden Valley Pat Schutrop, Administrative Assistant, Golden Valley Minutes of November 2, 2011 MOVED by Norris, seconded by Burt, and motion carried unanimously to approve the minutes of the November 2, 2011 meeting. Countv Road 9 Forcemain Replacement (Mathisen) Stantec/Bonestroo submitted a proposal in the amount of$715,000 for the total estimated construction cost for the project that includes installation of a 24-inch pipe. The TAC recommended approval of the pre-design field work ($7,150) and the engineering portion ($50,050) for a total of$57,200. MOVED by McDonald, seconded by Norris, and motion carried unanimously to approve the Stantec/Bonestroo proposal for pre-design field work and engineering in the amount of$57,200. Discussion took place regarding the inspection of the watermain work during construction. The TAC will discuss the best approach. Stantec included $7,150 in its proposal for inspections, but that amount is for on-call issues that might arise during the project construction. A recommendation from the TAC regarding the inspection will be brought to the JWC. Joint Water Commission December 7, 2011 Page 2 of 3 Water Interaction Studv Update (Clancv) The TAC has not received an update from Barr Engineering Co. Clancy will follow-up and contact Brian LeMon at Barr. Air Conditioninq Proiect Update (Lemke) Currently, there are operational difficulties at the Golden Valley pump house during the summer due to inadequate cooling systems. Environmental Process, Inc. was retained to develop options, prepare construction documents for mechanical and building modifications, and complete construction project management. Two quotes were received for the project, excluding electrical. The low quote received was from Metropolitan Mechanical Contractors in the amount of$18,323. An electrical quote was received from Detail Electric for $8,300. Completion will be done in 2012. Golden Valley staff is requesting $10,000 to be moved from the Replace Pump, Motor and Starter (JWC 2011 CIP project#8) to Replace Air Conditioner (JWC 2011 CIP project#11). MOVED by Norris, seconded by McDonald, and motion carried unanimously to move $10,000 from the Capital Project Financing from #8 Replace Pump, Motor and increase $10,000 Starter to #11 Replace Air Conditioner. CIP #8 will be $37,000 and CIP #11 will be $40,000. MOVED by Norris, seconded by McDonald, and motion carried unanimously to approve the quotes received from Metropolitan Mechanical Contractors in the amount of$18,323 and Detail Electric for $8,300, for a project total of$26,623; and appropriating funds as proposed. Other Business 1. Burt indicated that the Minneapolis Park Board may be interested in building trails near the reservoir in Golden Valley. 2. Cost of services and the Minneapolis contract. This item will be discussed at the next meeting. 3. The backup water supply well at New Hope has a floor drain that needs to be addressed. 4. The JWC would like to have a tri-city council meeting in March or April 2012 to discuss the backup water supply plan. 5. Golden Valley staff met with Bernie Bullert, Minneapolis Water Works, and staff from Stantec/Bonestroo on Monday, December 5, at the JWC Golden Valley pump house to discuss meter replacement. Stantec will provide Golden Valley with a proposal involving digging a new pit and filling in half of the old pit so that Minneapolis can install its new meter. Next Meetinq It was the consensus of the JWC to cancel the January 4, 2012 meeting. Joint Water Commission December 7, 2011 Page 3 of 3 Adiournment Chair Burt adjourned the meeting 1:50 pm. Thomas D. Burt, Chair ATTEST: Pat Schutrop, Recording Secretary GOLDEN VALLEY OPEN SPACE & RECREATION COMMISSIQN Regular Meeting Minutes November 28, 2011 1. Call to Order Sandler called the meeting to order at 7:00 PM. 2. Roll Call Present: Roger Bergman, John Cornelius, Brad Kadue, Kelly Kuebelbeck, Bob Mattison, Emily Piper, Anne Saffert, Jerry Sandler, Dan Steinberg, Rick Jacobson, Director of Parks and Recreation; Jeremy Foreman, Golden Valley CommonPlace; and Damon Struyk, Golden Valley Resident. Absent: None. 3. Aqenda Chanqes or Additions None made. 4. Approval of Minutes — October 24, 2011 MOTION: MOVED by Mattison and seconded by Kadue to approve the October 24 meeting minutes. Motion carried unanimously. 5. CommonPlace Golden Vallev—Jeremv Foreman Foreman gave the commission a description of the new website, which is in its first year of operation. He explained the site's primary function is to serve as a community bulletin board for news, events, announcements, services, group and organization information, discussion groups, etc. Anyone can subscribe to the free site to begin receiving the daily informational email messages. Foreman explained other cities are beginning their own CommonPlace website but are separate from one another. Foreman said there are currently about 9,000 users across the country. Sandler asked if the content is monitored. Foreman said there are 2-3 field organizers monitoring all content. He said they have been very lucky and not had any issues with posts and content. Mattison suggested getting the athletic associations on the site. Foreman said he does have plans to meet with staff to get that set up. He encouraged all Golden Valley boards and commissions to subscribe. 6. Wirth Park Update— Damon Struvk Struyk, Golden Valley Representative for the Wirth Park Redevelopment Citizens Advisory Committee, said the project is in its second year and started in the Wirth Lake area. Last year, it expanded to the entire park with concern over the effect on Theo Wirth Golf Course. Staff and design experts met in early � November to brainstorm ideas and produce a master plan for the entire park. Those plans are close to be finalized. Steinberg asked about a potential location for a dog park. Struyk said a location behind the Golden Valley Humane Society is being looked into as a potential location. Potential parking options were then discussed. Struyk said a new Welcome Sports and Education Center may be added and will consolidate winter recreation and golf operations into one building. Sandler asked how much longer the committee plans to meet. Struyk said they may wrap up by January or February. Bergman asked there were plans for additional rest stops or drinking fountains. Struyk said he was not aware of any plan to do so. 7. Honevwell Little Leaque Proiect Jacobson reported that the field will not be ready for opening day, but may be ready for the fall league. 8. Updates Jacobson reminded the commission that the December meeting will be cancelled due to the holiday. 11. Adiournment MOVED by Bergman and seconded by Steinberg to adjourn at 8:00 PM. Motion carried unanimously. BCWMC November 16,2011,Meeting Minutes �� ,�z� Bas�c��ilh, ��ree�k��V�'ater�hed��nagem��c��sion :: � G � i �� 5r ,�� ,_� d � ��i1�E',S i��Il�O��`BI�I�?�T�� `��.�� I U�� ; w°�U , a . . . ., �� ',.�� _.t°.�P . . �� .. . � . .!i,''�" � . . ., .M�a w�'�IiiD��!�a '. . . � �i�o-l� ��ii �� 'i�'. � '�1��'�u��:- � i i �� -s � p� ''� r':� c� �u }r i,k �a� ri . . .,. rru.er�r . _ . . .. , . .... . . �s „ r , . . .. .. e°�n,r_�i , ,._, . . The Bassett Creek Watershed Management Commission(BCWMC)was called to order at 11:30 a.m.,on Wednesday,November 16,2011,at Golden Valley City Hall by Chair Loomis.Ms.Herbert called roll. ROLL CALL Counsel Charlie LeFevere Crystal Not represented Engineer Karen Chandler Golden Valley Commissioner Linda Loomis,Chair Recorder Amy Herbert Medicine Lake Commissioner Ted Hoshal . Minneapolis Not represented Minnetonka Commissioner Jacob Millner New Hope Alternate Commissioner Dan Stauner Plymouth Alternate Commissioner Judy Johnson Robbinsdale Not represented St.Louis Park Commissioner Jim de Lambert,Secretary Note: Crystal Commissioner Pauline Langsdorf arrived after roll call Also present: Laura Adler,BCWMC Technical Advisory Committee,St.Louis Park Derek Asche,BCWMC Technical Advisory Committee,Plymouth Jeannine Clancy,BCWMC Technical Advisory Committee,Golden Valley Christopher Gise,Golden Valley Resident Ferdousi Gramling,BCWMC Technical Advisory Committee,Medicine Lake Dave Hanson,Alternate Commissioner,City of Golden Valley Dan Johnson,Crystal Resident Tom Mathisen,BCWMC Technical Advisory Committee, Crystal Liz Stout,BCWMC Technical Advisory Committee,Minnetonka ��.;� ' 4 2.AFPI�q"�ANL'p��,��EI�A A�h�b'��UN�ENT AGE.�}� ' ' ° � n; �. ,�� iu i� �� . Chair Loomis asked if the Cooperative Agreement for the Main Stem Restoration Project,Irving Avenue to Golden Valley Road,was ready.Mr.LeFevere said he is still waiting for comments on the draft from the 1 BCWMC November 16,2011,Meeting Minutes City of Minneapolis.Chair Loomis said that the discussion of the agreement should be pulled from item 7A on today's agenda.Commissioner de Lambert moved to approve the Agenda as amended and the Consent Agenda.Acting Commissioner Johnson seconded the motion.The motion carried unanimously with six votes in favor[Cities of Crystal,Minneapolis,and Robbinsdale absent from vote]. ,�, -� ti '�r t � �u,i � �:'i��`i'�'��T, ,��IPT.�`�'Ql��TU��r ��FI�A IT�NIS � i�. � .,.. z .. . No citizen input on non-agenda items �� laplaq ,1� �� 6 ��Oh'' � , � 1�4 la � ' , � .°��M�}l�; , �"�.� �. } • . � , . . h� .. . . . '��h�i�Y i� � . I 4A.Presentation of October 20,2011,Meeting Minutes.The meeting minutes were approved as part of the Consent Agenda. 4B,Presentation of Financial Statements.The BCWMC's November 2011 financial report was approved as part of the Consent Agenda. The general and construction account balances reported in the November 2011 Financial Report are as follows: Checking Account Balance $505,601.79 TOTAL GENERAL FUND BALANCE $505,601.79 TOTAL CONSTRUCTION CASH& $2,305,754.74 INVESTMENTS Investment due 9/16/2015 $512,059.83 TOTAL ON-HAND CONSTRUCTION $2,305,754.74 CASH &INVESTMENTS CIP Projects Levied—Budget Remaining ($2,263,755.52) Closed Projects Remaining Balance $41,999.22 2011 Anticipated Tax Levy Revenue $431,859.17 4C.Presentation of Invoices for Payment Approval. i. Kennedy&Graven—Legal Services through September 30,2011—invoice for the amount of $3,991.90. ii. Barr Engineering Company—Engineering Services through October 28,2011—invoice for the ' amount of$19,207.07. iii. Amy Herbert—October Secretarial Services—invoice for the amount of$2,531.73. iv. D'amico-ACE Catering—November 2011 BCWMC meeting catering—invoice for the amount of $361.52. 2 BCWMC November 16,2011,Meeting Minutes v. Judy Arginteanu—Yard Clean up Education Article—invoice for the amount of$300.00. vi. Lakeshore Communications—Public Communications—September hearing notice—invoice for the amount of$149.60. vii. Sun Newspapers-Public Communications—September hearing notice—invoice for the amount of $388.84. viii. Shingle Creek Watershed Management Commission—WMWA Workshops—invoice for the amount of$532.05. ix. Shingle Creek Watershed Management Commission- WMWA General Expenses—invoice for the amount of$25.93. x. Watershed Consulting—Geoff Nash Administrator Services through 9/15/11—invoice for the amount of$1,301.35. Commissioner Hoshal moved to approve payment of all of the invoices.Commissioner de Lambert seconded the motion.Bv call of roll the motion carried unanimouslv with six votes in favor[Cities of Crystal,Minneapolis,and Robbinsdale absent from vote]. 4D.Reimbursement Request from the City of Ptymouth for the 2010 Plymouth Creek Project.Ms. Chandler reported on the reimbursement request,the status of the project,and the Commission Engineer's review of the reimbursement request and supporting documents from the City of Plymouth.She stated that the Commission Engineer recommended reimbursement to the City of Plymouth at the requested amount of$250,263.44.Ms.Chandler also stated that the Commission's�nancial report needs to be updated to reflect the correct approved budget amount for the project. The Commission directed Ms.Chandler to call the BCWMC's Deputy Treasurer to discuss the correction. Acting Commissioner Judy Johnson moved to approve the reimbursement to the City of Plymouth in the amount of$250,263.44.Acting Commissioner Stauner seconded the motion.Bv call of roll the motion carried unanimouslv with six votes in favor[Cities of Crystal,Minneapolis,and Robbinsdale absent from vote]. 4E.Reimbursement Request from the City of Golden Valley for the 2010 Main 5tem Restoration Project.Ms.Chandler reported on the reimbursement request from the City of Golden Valley,the status of the project,and the Commission Engineer's review of the request and supporting documents.She stated that the Commission Engineer recommended reimbursement to the City of Golden Valley in the requested amount of$222,788.32.Acting Commissioner Stauner moved to approve the reimbursement to the City of Golden Valley in the amount of$222,788.32.Commissioner de Lambert seconded the motion.Bv call of roll the motion carried unanimouslv with six votes in favor[Cities of Crystal,Minneapolis,and Robbinsdale absent from vote]. Ms. Chandler stated that currently when a reimbursement request comes in to the Commission,the Commission Engineer seeks direction from the Commission before reviewing the request,which adds time to the process.She asked if the Commission would want to streamline the process and give general direction to the Commission Engineer to work on the reimbursement requests as they are received.The Commission and TAC members commented on the idea.Commissioner de Lambert moved that the Commission authorize the Commission Engineer to review the reimbursement requests for Commission- directed projects as the requests come in to the Commission.Commissioner Hoshal seconded the motion. 3 BCWMC November 16,2011,Meeting Minutes The motion carried unanimouslv with six votes in favor[Cities of Crystal,Minneapolis,and Robbinsdale absent from vote]. 4F.Status Update on Grant Expenditures for the 2010 Plymouth Creek Restoration Project and the 2010 Main Stem Restoration Project.Ms.Chandler explained that just this morning she heard from the Minnesota Board of Water and Soil Resources(BWSR)that the two Commission projects that had received the 2010 grants are far enough along to be considered complete by BWSR,which means that the Commission will not need to apply for grant extensions.Ms.Chandler said that there are several tasks that do need to be done regarding the grants before the end of the year.She said the Commission needs to get the eLINK reporting done,needs to update the water stories and add pictures,and next month Chair Loomis will need to sign some financial items.Ms.Chandler said that after those tasks are completed,the Commission will be able to get back its ten percent that had been retained until project completion.The Commission directed Barr to complete the necessary tasks on the grants. -� . "� �.. - : . �i��(4i0i n&' �i�'�4� a"`"" "' _ -�ri�S �a.��4��kJ. . �`��i�j��i�! �' n � ��i�i�� t � � ��` �'�`r�� . . . . . . .. . . . . , . x.n�. . . . � Receive comments regarding the proposed Sweeney Lake Outlet Reconstruction Project in Golden Valley,a proposed BCWMC Capital Improvement Project.Mr.LeFevere commented that this public hearing is not required by state law but is required by the Commission's Joint Powers Agreement to allow the member cities to comment on the proposed project. Chair Loomis opened the public hearing and called for comments.Hearing no comments,Chair Loomis closed the public hearing. �. i oii �. .,,....: :. .� ir P �itii';��U n ; M1�� `�� a'3'�i� s - ' « 71 S..,. �. �..�C!�8�� I i ��^ - �.. � -'. -'' .. ��..� �i('_;. :.' . A. Resolution 11-10 Ordering 2012 Improvements—the Sweeney Lake Outlet Reconstruction Project-and Approving the Cooperative Agreement with the City of Golden Valley for Construction of the Project. Acting Commissioner Stauner moved to approve Resolution 11-10. Acting Commissioner Johnson seconded the motion.The motion carried unanimouslv with six votes in favor[Cities of Crystal,Minneapolis,and Robbinsdale absent from vote]. � e'� �� s d��.� � �� 4�.�',�'"��°��"3 h�4�l��a��i��il��a�� Iii(�.i 4� .'�IV i ' t . }�"":�r � � i"° � . � � A. Cooperative Agreements for the Main Stem Restoration Project(Irving Avenue to Golden Valley Road)and the Wirth Lake Outlet Structure Modification Project and Resolution 11-11 Approving the Cooperative Agreement for the Wirth Lake Outlet Modification. Chair Loomis commented that the agenda had been amended to remove the Cooperative Agreement for the Main Stem Restoration Project since the agreement was still being reviewed by the City of Minneapolis. Mr.LeFevere commented that the draft Cooperative Agreement for the Wirth Lake Outlet Structure Modification Project has been revised per the Commission's direction at its last meeting.Mr.LeFevere discussed the changes as indicated in the marked up copy of the agreement handed out at the meeting. Acting Commissioner Stauner brought up a question about the de�nition of major maintenance.Mr. LeFevere provided the de�nition as written into the agreement. Commissioner de Lambert moved to approve Resolution 11-11 approving the Cooperative Agreement for the Wirth Lake Outlet Modi�cation.Commissioner Hoshal seconded the motion.The motion carried unanimouslv with six votes in favor[Cities of Crystal,Minneapolis,and Robbinsdale absent from vote]. 4 BCWMC November 16,2011,Meeting Minutes B. TAC Recommendations. i. Pressure Transducers.Ms.Chandler said that since volunteers were offering the use of a pressure transducer for the winter and volunteers were offering to install the transducer,the TAC decided it could ask the volunteers to move forward and install the transducer on Medicine Lake. Commissioner de Lambert reported on the installation of the transducer and provided details about the data collection such as the potential pitfalls of the site. Ms.Chandler said that the TAC recommends that the Commission evaluate the performance of the transducer after ice out and if it has worked as the Commission expected then the Commission could consider purchasing one or two transducers and using them to collect the lake level data. The Commission discussed who would take care of the data and reporting and wondered about the costs involved in the reporting.Ms.Chandler said that Barr Engineering typically has put the lake level data into a table but that she didn't have a cost for that work.Chair Loomis asked how the data is used.Ms.Chandler said it is used for historical data and for verifying watershed modeling results.Mr.Asche said that the TAC is interested in seeing the results. ii. Evaluation of RFQs and Recommendation on Providers of Engineering and Technical Services.Ms.Chandler reported that the TAC evaluated the qualifications of the eight�rms that responded to the Commission's request.She said that the TAC ranked the�rms and provided the Commission with a list of the following three firms,in addition to Barr Engineering as the fourth firm,based on the rankings: Wenck,WSB,and SEH.Acting Commissioner Stauner moved to approve the Commission accepting the TAC's recommendation of the�rms as providers to the BCWMC for Engineering and Technical Services.Acting Commissioner Johnson seconded the motion.The motion carried unanimously with six votes in favor[Cities of Crystal,Minneapolis,and Robbinsdale absent from vote].The Commission directed Ms.Herbert to send letters to the respondents notifying them of the Commission's decision. iii. Next TAC Meeting Agenda.Ms.Chandler said that the TAC will need to meet to discuss the channel maintenance proposals in either December or January.She said that the only other month that the TAC is scheduled to meet is April in order to review the Commission's CIP.The Commission discussed some of the items that may be on the Commission's upcoming agendas and decided it needed to discuss its Next Generation Planning Process before making a decision about the TAC's next meeting,in case there is something the Commission would need TAC input on by December. [Commissioner Langsdorf arrives.] C. Next Generation Planning Process.Ms. Chandler said that the Commission received an inquiry from Brad Wozney of the Minnesota Board of Water and Soil Resources(BWSR)asking about the status of the Commission's Next Generation Planning Process.She said that she learned the request was due to BWSR wanting to make sure that the Commission didn't complete its issue prioritization process without getting input from its stakeholders.She updated the Commission on the work that has already been done in the process and outlined some of the next steps that the Commission could take such as having the TAC review its responses about issues and finishing the last questionnaire about the issues.Ms.Gramling volunteered to work with Ms.Chandler to organize the TAC and Commission responses that have already been completed.Ms.Chandler said that there wouldn't be enough time 5 BCWMC November 16,2011,Meeting Minutes before the possible TAC meeting on December 15`to get the information organized and out to the TAC. Acting Commissioner Stauner said that the Commission also should consider the new standard GASB 54 that has been adopted by the Government Accounting Standards Board.He explained that it requires governmental entities to adopt a policy designating fund balances and needs to be in place by the end of this�scal year. The Commission discussed whether it needs to meet in December. Commissioner Hoshal asked if the Commission was interested in forming a committee to investigate hiring another administrator.Chair Loomis said that the Administrative Services Committee is trying to sit down and meet with Doug Snyder from the Mississippi Watershed Management Organization to see if instead of the Commission hiring another administrator it could contract with another watershed for those services.Chair Loomis said the Committee is trying to schedule a meeting.She said that she didn't know if the Commission ever directed the Committee to meet and this topic is something that the Commission should discuss in terms of what does the Commission want to do to explore options. Commissioner Hoshal asked if the Commission should discuss the succession of the Chair.Chair Loomis discussed the end of her term as an elected of�cial to the City of Golden Valley and the end of her appointment to the BCWMC. Commissioner Hoshal moved to direct the Administrative Services Committee to explore the review of a new administrator position and a review of the succession to the Board of the BCWMC. Commissioner Langsdorf made the friendly amendment that the Commission give authorfzation to the Executive Committee to pay the December invoices if the December meeting is cancelled. Commissioner Hoshal approved the friendly amendmen�Acting Commissioner Johnson seconded the motion.The motion carried unanimouslv with seven votes in favor[Cities of Minneapolis and Robbinsdale absent from the vote]. Acting Commissioner Stauner moved to schedule the next TAC meeting for January 5`h and to authorize the Chair to cancel the December meeting if there is insuf�cient business for the Commission to meet.Commissioner Millner seconded the motion.The motion carried unanimouslv with seven votes in favor[Cities of Minneapolis and Robbinsdale absent from the vote]. D. Draft BCWMC Policy Manual.The Commission reviewed and made edits to the remainder of the draft Policy Manual starting at Section 3 ExternaU Internal Operational Policies on page 16.The Commission identified language in speci6c policies that needed revising and directed Ms.Chandler and Mr.LeFevere to revise those policies. E. BCWMC Meeting Calendar for Remainder of Fiscal Year 2011.See discussion under agenda item 7C. ��sI�.`� `� 3 ` �;��dl'i ,. yv r �i�� a �':�(�� i i . .a,. P,9 "a�i'��id.�� ' Chair: 1. Chair Loomis reported that the BCWMC would be participating in the Honeywell Sustainability Fair tomorrow at Honeywell. Commissioners: 1. Commissioner Hoshal announced that the BCWMC has been sent a letter from the Medicine Lake City Clerk communicating that the City has appointed Ferdousi Gramling as the City's Technical Advisory Committee member to the BCWMG 6 BCWMC November 16,2011,Meeting Minutes 2. Commissioner Hoshal announced that he had received a communication from Terrie Christian of AMLAC[Association of Medicine Lake Area Citizens]that today is Give to the Max day for charities and that she highlighted the Minnesota Lakes Association. 3. Commissioner Langsdorf reported that she received an e-mail from Hennepin County Green Partners with its e-newsletter.She said she would like the e-mail forwarded to the Commission.The Commission directed Ms.Herbert to forward the e-mail to the Commission and TAC. Committees: Education Committee 1. Commissioner Langsdorf asked the Commission to authorize Ms.Herbert to go through the billings from the Commission's watershed education partners and identify which partners still haven't submitted invoices for the Commission's 2011 fiscal year. 2. Commissioner Langsdorf moved to approve the Commission participa�ng in the City of Plymouth's Yard and Garden Expo in the spring and to pay the$60 registration fee.Acting Commissioner Stauner seconded the motion.The motion carried unanimouslv with seven votes in favor[Cities of Minneapolis and Robbinsdale absent from the vote]. .. � q si ,r� t ;,iv�6^9 aill�i�W� ( „i �� ' '..: _ ih i� _ :' t J(a . . ,. ',.. - � '; � i i . . . . . _ .. , x�.a `�..- . . �i � i � . .�^:.rte G i�,W- . . �°, _ . The meeting adjourned at 2:00 p.m. Linda Loomis,Chair Date Amy Herbert,Recorder Date Jim de Lambert,Secretary Date 7 � �� : . .. Planning 0 �,� � � �, e 763-593-8095/763-593-8109 (fax) .�. Executive Summary For Action Golden Valley City Council Meeting February 21, 2012 Agenda Item 3. G. Approval of Conditional Extension for Filing of Plat and Submitting Final PUD Plan Application - PUD #107 - The Towers at West End - Southwest Quadrant of I-394 and Highway 100 - Duke Realty, Applicant Prepared By Mark Grimes, Director of Planning and Development Jeannine Clancy, Director of Public Works Summary At the March 3, 2009 City Council meeting, the Council approved the Preliminary PUD Plan and Preliminary Plat for The Towers at West End PUD No. 107. The Council has approved five 180-day extensions since the original Preliminary PUD approval. The Preliminary PUD Plan and Preliminary Plat provide for the construction of a 4,000+ space parking deck attached to several office buildings that are located in St. Louis Park. Due to market conditions, Duke is requesting an extension for the filing of their applications for the Final PUD plan and the Final Plat. When the PUD was last extended, the City Council required the following: "Duke shall cooperate with the Metropolitan Council Environment Services (MCES) in the construction of the 1-GV-461 Reliever project. The Reliever project is required to be constructed by MCES to increase sanitary sewer capacity to serve Duke's West End development and other future development in certain parts of Golden Valley and St. Louis Park. The cooperation may include the dedication of property easements for the construction of a lift station, forcemain, air relief, or gravity lines as outlined in the MCES plans for 1-GV-461. If the City or MCES determines that there has not been adequate cooperation from Duke, the City retains the right to place additional conditions on future extensions to the Preliminary PUD Plan for the Final PUD Plan." At this time, staff recommends that the extension of the PUD approval be a conditional 180 � days. Staff will monitor the efforts by MCES and Duke to reach a conclusion on the permanent location of the lift station, the forcemain alignment, and all other appurtenances needed for the construction of the 1-GV-461 force main within the vicinity of the Duke property. All temporary and permanent easements shall be identified, and all land shall be transferred in connection with the project. Duke shall demonstrate to the City of Golden Valley its good faith efforts to act in accordance with the requirements of the PUD. Staff will report the status of Duke's progress with the MCES in 60 days. If adequate progress is being made to meet the terms of the PUD, the Council may extend the PUD for an additional term not to exceed 120 days. If adequate progress is not being made to meet the terms of the PUD, the Council may revoke any further extension of the PUD preliminary approval beyond the first approximate 60 days. Attachments Location Map (1 page) Email from Duke Realty requesting an extension dated January 9, 2012 (1 page) Recommended Action Motion to approve an extension for submittal of the Final PUD Plan application and the Final Plat for The Towers at West End, PUD No. 107 until August 20, 2012, subject to the following conditions: 1. Duke shall submit cash deposits as requested by the City to cover legal and engineering costs incurred by the City for consideration of the Preliminary Plan. 2. Duke will be financially responsible for road construction under TH 100 and intersection improvements on the east side of TH 100 and traffic calming along the frontage road east of TH 100, to occur at the time building permits are applied for by Duke. 3. Duke shall cooperate with the Metropolitan Council Environmental Services (MCES) in the construction of the 1-GV-461 Reliever project. The Reliever project is required to be constructed by MCES to increase sanitary sewer capacity to serve Duke's West End development and other future development in certain parts of Golden Valley and St. Louis Park. MCES and Duke to reach a conclusion on the permanent location of the lift station, the force main alignment, and all other appurtenances needed for the construction of the 1-GV-461 force main within the vicinity of the Duke property. All temporary and permanent easements shall be identified, and all land shall be transferred in connection with the project. If the City or MCES determines that there has not been adequate cooperation from Duke, the City retains the right to place additional conditions on future extensions to the Preliminary PUD Plan or the Final PUD Plan. 4. Duke shall demonstrate to the City of Golden Valley its good faith efforts to act in accordance with the requirements of the PUD. Staff will report the status of Duke's progress with the MCES in 60 days. If adequate progress is being made to meet the terms of the PUD, the Council may extend the PUD for an additional term not to exceed 120 days. If adequate progress is not being made to meet the terms of the PUD, the Council may revoke any further extension of the PUD preliminary approval beyond the first approximate 60 days. If Council finds that adequate progress is being made to meet the terms of the PUD, the Council may permit the extension of the PUD preliminary approval to continue for the remaining approximate 120 days. I.-1 t I l � -.:r .. , , � � a17 � � � I� 12d Z1G $10 CflLflNUlI_DR � 3�eIT -1— ' �jZ13 :D �9i 4316 �� ` 316 8I5 45AD �45I0 q� e� 309 � 4308 5221��,�$y;�l 5I11 St1�i � '� , �`svs �oo �... _� o;�t►1 ado r �t�!tic�t��: ��7 �so '�s . vs; rvesT��rra t,r[ 3� Oq ar.o :�� 517 ,52553s ,�xi ` �' ai� aos aos ��4srias�s� aao an� aoa . "�t� a�os • 1 � � ., �.� `� 4 � , niia ' _ Tt7RAtPTtif,Rt? . 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C� , 142514Zt1 t4iS 14Z0 452fY'45fl0 433U 'f,� Subject Properties ';��,,� �-� ��s ��,� �� ,�" ��'�.�a �.� �,; �',f �� xa�t � }� i,�u' �sss��..'"°° , ,�,°a2s Ye�23 f , � �g f45D : 1A45 �asa i� _ ��a �— �,.• K �iaa's i .... � a�i + r;� �� ' 151i1 �ji5U5 15111 N;Y� 151A �� •ti417��`� #��iW0' .� '/�,f� � �� 4 q� i515 1520 �15YS 15� �jI5i5 �� t524�� '�� 431Z4#30�'� ". d510 ' ,�, °�' � a Lszs s.s�l �SsY9 �� _ '�' , i i Vq. �, � "�15s�S 153t) . 453�(1 �� 4410 4$2f' .. .� ... ... .. . ?'�f,.rf �-Q � w�`� iS3S 154fl �3545 l5pi1 . 2535 � _ . _bOUGUkS p}fE / � �? �`' isas .�w � is� a� � , .._i.... � as�sa�ts ,•' p : _ x�� - �S I�l asz�sa�!f�!�� L 1� � . i�u�,�w„�;��;�+s c�,-;y,:c+._a�;c�a-�'.� c s�: Wittman, Lisa From: Gary Gleason <Gary.Gleason@dukerealty.com> Sent: Monday,January 09, 2012 10:13 AM To: Wittman, Lisa Cc: Grimes, Mark; Hogeboom,loe; Pat Mascia Subject: RE:Towers at West End - PUD Extension Attachments: image001.gif Please consider this e-mail Duke Realty's request for a 6 month extension to submit the final PUD application for the Towers at West End project.A$150 check will be sent to you in the mail.Thanks Gary Gleason, PE VP Consfiruction 1600 Utica Avenue South " Suite 250 Minneapolis, MN 55416 952-543-2970 ( direct) 952-543-2975 ( fax ) �ary.�leason(�dukerealtv.com From: Wittman, Lisa [mailto:LWittman@goldenvalleymn.gov] Sent: Monday, )anuary 09, 2012 10:06 AM To: Gary Gleason Cc: Grimes, Mark; Hogeboom, Joe Subject: Towers at West End - PUD Extension Hello, On August 16, 2011, the City Council approved an extension for you to submit your Final PUD application for the"Towers at West End" project. We are approaching that deadline(February 26) and I would like to know if you are intending on asking the Council for another 6-month extension. If you would like to ask the Council for an extension to submit your Final PUD application please send me a letter or email requesting another extension and a check for$150 for the extension fee by February 6, 2012 and I will make sure the request gets on the February 21 City Council agenda. If you have any questions, please feel free to call me or Director of Planning and Development, Mark Grimes at 763-593-8095. Thanks, Lisa lisa Wittman � Administrative Assistant � City of Golden Valley � `��`�� n��= 7800 Golden Valley Road (Golden Valley,MN 55427�763-593-8095 �763-593-8109(Fax) �763-593-3968(TTY)� s��-�� Iwittman@aoldenvallevmn.sov ��:�-�� CONFIDENTIALITY NOTICE:This e-mail message and all attachments transmitted with it may contain legally privileged and confidential information intended 1 � �af:.: 6 � � 4 Public Works . � o �� a e � _. 763-593-8030/763-593-3988 (fax) Executive Summary For Action Golden Valley City Council Meeting February 21, 2012 Agenda Item 3. H. Cooperative Agreements between the City of Golden Valley and the Metropolitan Council Environmental Services (MCES) for the Construction of the 1-GV-461 Reliever Project Prepared By Jeannine Clancy, Director of Public Works Jeff Oliver, PE, City Engineer Mitch Hoeft, EIT, Engineer Summary The City working with MCES to install an 18-inch sanitary sewer forcemain through the City of Golden Valley to help address capacity concerns with the MCES system. A location map showing the location of the forcemain construction is attached. The City and MCES have negotiated two agreements that help to reimburse the City for its expenses in the project's implementation and general oversight. A brief summary of each agreement can be found below. The complete agreements are attached for further review. The first agreement (Cooperative Agreement for the 1-GV-461 Relief Lift Station and Forcemain Project) addresses Segment 1 of the project, which is being designed and constructed by the MCES (see attached map). This agreement provides the City with financial reimbursement for the assistance it is providing the MCES on the implementation of this project, primarily in the areas of communication as well as design and construction coordination. The City wiN use this money to pay salaries of current employees and to hire a temporary full-time engineer to help manage the project on the City's behalf. The second agreement (Amended and Restated Cooperative Agreement: 1-GV-461 Relief Lift Station and Forcemain Project) amends the July agreement that provided for City design of Segment 2 in conjunction with the 2012 Pavement Management Program. This amendment addresses construction cost sharing and construction services. Attachments Location Map (1 page) Cooperative Agreement: 1-GV-461 Relief Lift Station and Forcemain Project (Segment 1) (40 pages) Amended and Restated Cooperative Agreement: 1-GV-461 Relief Lift Station and Forcemain Project (Segment 2) (36 pages) Recommended Action . 1. Motion to authorize Cooperative Agreement: 1-GV-461 Relief Lift Station and Forcemain Project (Segment 1). 2. Motion to authorize Amended and Restated Cooperative Agreement: 1-GV-461 Relief Lift Station and Forcemain Project (Segment 2). -2� ��.... sea► .�r r .. �i j . . • _ .._ .� . . Y�b� - � :..".,,i�',a.�__--�-�:..�.�-x. .. . t '�� .1` . ' ;a .. ,°x „ �� , . . � .; aeoo_: .�.... __""'-.-�"_ -- . ��:`� � __ r. +ni � :� - . ., .. . ��'--�..._ +�fl �, �- '°°°g T� . � , . ._ . �-.. � . _ . . ,_ ��. ....,...... ,,. 1 .Y ''. ,._�t� . --� � _ - •- .w�. .._.. ..,_._ . ..._.. .,._� ._— __�.,�.- . .. - _..- :�-- '__.— Cs sm. 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' � _ __ ��355 � � r `3F� . . � �6-.� ♦ _f�� , - . : . _ °- ' - _. .. .� «� �-. � ,: � 1-GV-461 _ �.E, ,,,,o , e Sanitary Sewer Reliever Corridor �� SEGMENT 1 CODPERATIVE AGREEMENT 1 -GV-461 Relief Lift Station and Forcemain Project This is the agreement that covers the MCES portion of the work (non-Circle Down). Under this agreement Golden Valley will: • Assist MCES in land acquisition, permitting, input and assistance during the design phase, communication, and construction inspection (R.O.W.). • Be reimbursed from MCES for up to $360,000 in employee hourly expenses on a pass-through basis. • Use this funding to hire a temporary Project Engineer for finro years. COOPERATIVE AGREEMENT 1-GV-461 Relief Lift Station and Forcemain Project THIS LAND ACQUISITION, DESIGN, AND CONSTRUCTION COOPERATIVE AGREEMENT ("Agreement") is made and entered into as of , 20_, by and between the City of Golden Valley("City") and the Metropolitan Council ("Council"), both public corporations and political subdivisions of the State of Minnesota. BACKGROUND RECITALS 1. The Council, as part of its metropolitan wastewater treatment facilities, proposes to design and construct a lift station and forcemain (1-GV-461 Relief Lift Station and Forcemain) through the City to increase capacity and improve redundancy and reliability of its facilities in the Golden Valley and St. Louis Park service areas. For the purposes of this Agreement the 1-GV-461 Relief Lift Station and Forcemain project shall be hereinafter referred to as the "Project." 2. A segment of the Project, consisting of 1,800 feet of forcemain installed on Circle Down, will be installed by the City under Council Agreement #11I031. The forcemain segment to be installed on Circle Down by the City, and the potential lift station location and forcemain route for the remainder of the Project are shown on E�ibit A. 3. The Project will pass through a well developed section of the City affecting many residents, businesses, and agencies other than the Council. City staff has existing and well developed relationships and communications channels with these residents,businesses, and other agencies. Several Project tasks involve interactions with residents and businesses, such as access to private property, easement acquisition, public information and involvement, street restoration and traffic control planning. The Council has determined that the Council could best utilize its staff and financial resources by seeking City staff support and coordination for these tasks, design and construction tasks, and execution of other tasks. 4. The Council has contracted with Foth Infrastructure and Environment, LLC ("Consultant") to perform engineering and construction consulting services for the Project. The Consultant's Professional Services Project Delivery Guidelines for the contract between the Council and the Consultant is attached as Exhibit B. The Proposed Project Schedule is attached as Exhibit C. 5. The Council is authorized by Minnesota Statutes 473.504 to construct interceptor or treatment works determined to be necessary or convenient for the collection and disposal of sewage in the metropolitan area and, under the provisions of Minnesota Statutes 471.59 (providing for joint or cooperative action between governmental units including the Council and City), contract with any governmental unit for the performance on the Council's behalf of any service the governmental unit is authorized to provide for itself. 6. The Project is duly authorized by the Council and is included in the Council's 2012 Capital Improvement Plan. 7. The Council and City agree that each is authorized to enter into this Agreement pursuant to Minnesota Statutes 471.59, that the Project may be carried out by the parties hereto as provided by this Ageement. 2 AGREEMENT NOW, THEREFORE, for mutual valuable consideration, the sufficiency of which has been agreed to by the parties, the Council and the City agree as follows: I. PURPOSE The purpose of this Agreement is to set forth the terms and conditions under which the Council and City will support and execute certain tasks related to the Project and under which the Council and City will reimburse each other for costs associated with these tasks. II.ADDITIONAL STREET WORK Traffic capacity improvements are planned by the City at the intersection of Xenia Avenue and Golden Hills Drive and the intersection of Wayzata Blvd. and Quentin Ave. The Council project may disturb significant portions of these intersections. The City has requested that the Council construct street improvements at these intersections as part of the Project ("Additional Street Work"). This Additional Street Work is not required to install the Project. The Council's Contractor will construct these improvements. Cost sharing of this work will be determined based on project related impacts and will be determined and amended to this Agreement as the final design and project impacts become more available. The Council will advertise for and receive construction bids for the Project, including Additional Street Work, and will recommend award of the construction contract in accordance with Council procedures. The City will review the bids with respect to the Additional Street Work and advise the Council in writing within three business days if it does not want the Council to include this work in the Council's award of the construction contract for the Project. If the City advises the Council to exclude the Additional Street Work from the Council's award of the construction contract, all references to Additional Street Work included in this Agreement shall become null and void and the Additional Street Work will not be conshucted. The Party to whom the Project Construction Contract is awarded is hereby referred to as the "Contractor." III. CONSENT AND APPOINTMENT In accordance with terms of this Agreement, the Council hereby consents to and appoints the City as its agent to support the Consultant and to execute specific Land Acquisition, Design 3 Phase, and Construction Phase tasks that will be determined and amended to this Agreement as the design is completed and project impacts become more available. IV. LAND ACQUISITION,DESIGN,AND CONSTRUCTION PHASE TASKS 1. The Consultant and Council responsibilities for the Land Acquisition, Design Process, and Construction are defined in the Professional Services Project Delivery Guidelines of the contract between the Council and Consultant attached in Exhibit B. 2. The Council sha11 provide the City notice of, and the Council and City shall participate in, progress meetings with the Consultant to confirm that the Consultant is proceeding in accordance with the Consultant Contract and the Council's reasonable requirements. 3. The contract between the Council and the Consultant for design of the Project, and all agreements, covenants, obligations, warranties, guarantees, and indemnifications of the Consultant shall be for the benefit of, and may be enforced by, the Council. The Council shall pursue claims for defective design, if any, directly against the Consultant. The City shall cooperate in the prosecution of any claim by the Council against the Consultant, but the City shall in no event be responsible for design defects arising from the Council Construction Documents or construction defects arising from performance of the work designed by the Consultant. V. COST AND PAYMENT 1. The Council's construction contract will include separate line items in the bid form to complete Additional Street Work for the City. Associated costs will be determined by the City and amended to the Agreement by the Council at a later date once project impacts are clearly defined. 2. The Council shall reimburse the City for land acquisition, input and assistance during the design phase, and construction tasks at the City-staff hourly and fringe benefit rates and for mileage, equipment,printing, copying, and postage rates defined in Exhibit D. City costs for providing the Construction Inspector will be reimbursed by Council on a pass-through basis. 3. City reimbursements by the Council will be capped at a maximum of$360,000. 4. The Council will reimburse the City in the amounts provided in this Agreement monthly, within twenty-one days of receipt of invoices submitted by the City based on the 4 progress of the Project and approval of the invoices by the Council unless the Council contest the invoice by written notice within fourteen calendar days of receipt of the invoice. If the Council provides timely notice of contest, the Council shall pay all uncontested amounts and may withhold the contested amount pending resolution of the amount actually due. 5. The amount due stated in the final invoice shall be final, binding and conclusive, and the amount shall be immediately payable, upon expiration of the aforesaid thirty calendar day examination period unless the Council provides timely notice of contest. If the Council provides timely notice of contest of the final invoice, the Council shall pay all uncontested amounts and may withhold the contested amount pending resolution of the amount actually due. 6. If the Council determines the need to amend the contract with the Consultant and the amendment results in increased cost to the City to fulfill its tasks as defined in the Agreement,the Council hereby agrees to adjust the City's costs accordingly. 7. The City will reimburse the Council under the same conditions described in Items V., 3,4 and 5, above. VI. RIGI3TS OF ENTRY AND PERMITS 1. For purposes of performing its duties or obligations or exercising its rights under this Agreement, the City (including its employees, consultants and contractors) may enter upon the property or property interests owned by the Council. 2. For the purposes of performing its duties or obligations or exercising its rights under this Agreement, the Council (including its employees, consultants and contractors) may enter upon the property or property interests owned or provided by the City. 3. The City and Council shall assist the Consultant in applying for and obtaining construction permits and encroachment permits required for construction of the Council Project. VII. PROGRESS MEETINGS The Council shall conduct and the City shall attend regularly scheduled progress meetings and provide input. Meeting minutes will constitute progress reports. 5 VIII. RECORDS AND DATA 1. All records kept by the Council and the City with respect to the Project shall be subject to examination by the representative of each party hereto. 2. All data collected, created, received, maintained or disseminated for any purpose by the activities of the City and the Council pursuant to this Agreement shall be governed by Minnesota Statutes Chapter 13, as amended, and the Minnesota Rules implementing such Act now in force or hereinafter adopted. 3. City shall receive copies of all record drawings prepared by the Council's engineer. The Council will provide the City with digital and paper copies of these record drawings. Digital forms are to be turned over as Auto CAD and PDF files. IX. EMPLOYEES All employees of the City and all other persons engaged by the City in the performance of any work or services required or provided for herein to be performed by the City shall not be considered employees of the Council; and any and all claims that may or might arise under the Worker's Compensation Act or the Unemployment Compensation Act of the State of Minnesota on behalf of said employees while so engaged, and any and all claims made by any third parties as a consequence of any act or omission on the part of said employees while so engaged, on any of the work or services provided to be rendered herein, shall in no way be the obligation or responsibility of the Council. All employees of the Council and all other persons engaged by the Council in the performance of any work or services required or provided for herein to be performed by the Council shall not be considered employees of the City, and any and all claims that may or might arise under the Worker's Compensation Act or the Unemployment Compensation Act of the State of Minnesota on behalf of said employees while so engaged, and any and all claims made by any third parties as a consequence of any act or omission on the part of said employees while so engaged, on any of the work or services provided to be rendered herein, shall in no way be the obligation or responsibility of the City. 6 X. RESPONSIBILITY AND INDEMNITY 1. Each party agrees that it will be responsible for its own acts and the results thereof to the extent authorized by the law and shall not be responsible for the acts of the other party and the results thereof. The Council's maximum monetary liability is governed by the provisions of Minnesota Statutes Chapter 466. The City's maa�imum monetary liability is governed by the provisions of Minnesota Statutes Chapter 466. 2. The City and the Council each warrant that they are able to comply with the aforementioned liability requirements through a self insurance program and have minimum coverage consistent with the liability limits contained in Minnesota Statutes Chapter 466. XL ENTIRE AGREEMENT 1. It is understood and agreed that the entire Agreement between parties is contained herein and that this Ageement supersedes all oral agreements and negotiations between the parties relating to the subject matter herof. All items referred to in this Agreement including the Recitals are incorporated or attached and are deemed to be part of this Agreement. 2. Any alterations, variations, modifications, or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement signed by the parties hereto. XII. INCORPORATION OF APPLICABLE LAW Applicable provisions of Minnesota State law, federal law and of any applicable local ordinances shall be considered a part of this Agreement as though fully set forth herein. Specifically, the City agees to comply with all federal, state and local laws and ordinances applicable to the City relating to nondiscrimination, affirmative action, public purchases, contracting employment, including worker's compensation and surety deposits required for construction contracts. 7 XIII. SEVERABILITY The provisions of this Agreement shall be deemed severable. If any part of this Agreement is rendered void, invalid or unenforceable, such rendering shall not affect the validity and enforceability of the remainder of this Agreement unless the part of parts which are void, invalid or otherwise unenforceable shall substantially impair the value of the entire Agreement with respect to the parties. One or more waivers by said party of any provision, term, condition or covenant shall not be construed by the other parties as a waiver of a subsequent breach of the same by other parties. XIV. SUCCESSORS AND ASSIGNS The covenant of this Agreement shall be binding upon and inure to the benefit of the parties hereto,their successors and assigns. XV. GOVERNING LAW This Agreement is entered into in and under the laws of the State of Minnesota and shall be interpreted in accordance therewith. XVI. NOTICES Any notice of demand, which may or must be given or made by a party hereto, under the terms of this Agreement or any statute or ordinance, shall be in writing and shall be sent certified mail or delivered in person to the other party addressed as follows: METROPOLITAN COUNCIL ENVIRONMENTAL SERVICES William Moore, General Manager 390 Robert St. North St. Paul, MN 55101 CITY OF GOLDEN VALLEY Jeannine Clancy, Director of Public Works 7800 Golden Valley Road Golden Valley, MN 55427 8 IN TESTIMONY WHEREOF, the parties hereto have caused this Agreement to be executed by their respective duly authorized officers as of the day and year first above written. CITY OF GOLDEN VALLEY METROPOLITAN COUNCIL By: By: Patrick Born Its: Its: Regional Administrator By: Approved as to Form: Its: Office of General Counsel 9 EXHIBIT LIST Exhibit A Project Location Exhibit B Council Consultant Project Delivery Guidelines Exhibit C Proposed Project Schedule Exhibit D Estimated Costs of City Services to Council Exhibit A Project Location . ' � a � , _. . . 1 , �� a�5 � ��.'t�1i�ra\ �� lr ,.' ys �"i' ..� A �s"` j`++;`' �� a�� • .4' ,. . . .��hld �s�_'�s;`+�� ,i II�: �AF�� i.�. .� � � ...s �3 � '►,.. �Y �� j� P;' � t_�► ` �h+� S n4"'�.. .. - i P £ § } �� ?� k � � �i' �!: _ . . �sJ s.4. ,�C�� . . I r� �� ,K'f ,�� _�..� '# :�7'�,� �_ �.�;�'��'t _-.. _—�.,�JJ �� I -._"�,'. _ ... � . . sr�• r — -..r' .�`"�`" ), -fs�► '�;�� e�. ,I�s�t�►+r, .:r � �_ Y � R _ - "' �+" �.",�+ e M� '� "t'` '� �`� � � 1�- � � ' �� r; - .-t; ,i�"`� .� � _ -4'-� 4'�-`�s�+t� - ` # ' .�;, � � �� >. � � .J� ,�~ ,� � . 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Text, figures, and tables will be in WORD, EXCEL, JPG, DWG or other Council format. All drawing files, maps, or record drawings created by the Consultant shall conform to the Council's standards and procedures. The standards and procedures are specified within the Council's documents "General Requirements for Preparation of Bidding Documents/Record Drawings" and"MCES CAD Drawing Standards, Policies, and Procedures". Incomplete documents provided to Council will not be accepted as draft. Documents provided to Council intended as final deliverables will not be accepted if Council or regulatory comments are not addressed in a satisfactory manner. Documents provided to Council which do not meet the completeness as determined by the review level content defined in the Quality Assurance Review Plan will not be accepted. These deliverables will be returned without a change in status or review level. Additional document submittals are at the expense of the Consultant and do not constitute a basis for change in the project schedule. 1 PROJECT ADMINISTRATION TASK 1.1 PROJECT ADMINISTRATION Objective: Provide ongoing management, administration, and coordination of the project, keeping Council fully informed of the project status for the entire length of the Contract. Description: This task will be ongoing. The Consultant's Project Manager will be responsible overall for this effort. The Consultant's Project Manager will promote open and frequent communication to keep the Council fully participating in and informed of the work progress, major issues, and potential problems and their resolutions. This communication is not only essential to successfully completing each project but will help ensure the best available data and expertise is employed. In addition, the Consultant's Project Manager will be responsible for internal performance of the project team. The Consultant's Project Manager will help ensure proper staffing, completion of tasks on schedule and within budget, and implementation of quality control and technical review procedures. Project Status Meetin�s The Consultant's Project Manager and appropriate project team members will attend project status meetings every two weeks to discuss timely issues and milestones, and to review project status. The Consultant's Project Manager, in consultation with Council's Project Manager, will prepare an agenda for each meeting. Professional Services Project Delivery Guidelines Page 2 The Council's Project Manager will identify the Council personnel to be present at each meeting based on the proposed meeting agenda. Minutes of the rneetings will be prepared and submitted to Council. Project Schedule At the onset of the project, a detailed project schedule will be developed showing all major tasks and subtasks and estimated submittal dates. The Initial Project Schedule shall be submitted with the Quality Assurance Review Plan (QARP) but prior to initiating the first meeting. The Project Schedule will be updated during the biweekly project status meetings. The Project Schedule will show target start and finish dates, start and finish constrictions, critical paths, and percent completed by task. Project Administration Project administration is a function that will occur throughout the project. This work element includes: • Monthly progress reports • Monthly submittals for progress payments • Records management • Project initiation tasks • Control of project budget and schedule These work items are described below. Monthly progress reports will be submitted to the Council. Each report will include, at a minimum, the following information: • A narrative description of work completed during the preceding month • A discussion of any key issues and the parties responsible to address them • A forecast of major work elements to be undertaken in the coming month • A timetable for input of decisions required from Council • A billing and payment status • A earnings versus earned value statement for each task Monthly submittals for progress payments will be prepared and submitted to the Council in the format required. The submittals will include a "Payment Claim for Engineering Services" form, a list of all employees charging to the projects with complete billing detail, and an MBE/WBE progress report form. The monthly progress report discussed above will be submitted in conjunction with the monthly submittal for progress payments. Project records will be maintained in a neat, organized fashion, in accordance with any requirements in the agreement with the Council. As indicated in other sections of this Scope of Work, project meeting minutes will be recorded and submitted to Council. Project correspondence and calculations will be submitted to Council as required or requested. The initiation of the project will require certain administrative tasks. These items include opening internal job accounts for tracking project costs, preparing an internal project memorandum, setting direction for the work, and preparing agreements with subcontractors. Professional Services Project Delivery Guidelines Page 3 Control of project budget and schedule will be achieved through monthly reviews of labor and other direct cost expenditures, periodic schedule updates, monthly progress report preparation, and periodic cost-to-complete projections. An earnings versus earned value statement for each task will be provide with each payment request Deliverable: Copies of project status meeting minutes, initial project schedule, and periodic updates, monthly progress reports, monthly submittals for progress payments, and project correspondence and calculations if so requested. TASK 1.2 QA/QC Objective: Conduct internal QA/QC peer reviews during the project. Provide efficient means for Council's quality assurance reviews during design during the entire length of the project. Description: Consultant shall submit a written QA review plan (QARP) with the Project Schedule and prior to the first meeting. The QARP and Project Schedule are considered part of the Contract Scope of Work. The QARP shall detail specific review levels and document review content for all meeting minutes, studies,reports,plans, drawings, specifications and other project deliverables provided to the Council. The Project Schedule shall reflect the review dates for each review level, meeting dates, and anticipated Council review duration. The Consultant shall provide separate written responses to comments for all review levels. The Consultant shall conduct deliverable review meetings with Council for each project deliverable at each review level. The Consultant's Project Manager, in consultation with Council's Project Manager, will prepare an agenda and identify the personnel to be present at each meeting. QA/QC team should be disclosed and can not be changed without Council approval. A single QA/QC coordinator may assist the consistency of the documents. The following review levels should be used as a guide. Each level will require a Draft and Final SubmittaL• Preliminary Design Midcourse Design Final Design Bid Ready Contract Manual and Drawings Internal QC Review The Consultant will conduct its own internal peer review during the planning, design, and construction phases. The Consultant shall not submit documents for review prior to completion of the corresponding internal QC review. The process shall be described in the proposal. The Consultant shall conduct internal QC reviews that as a minimum correspond to the Council's QA review levels. Professional Services Project Delivery Guidelines Page 4 The purpose of this review is to ensure the discipline design concepts are correctly applied, the design computations are reviewed and checked, and potential problem areas or coordination conflicts are identified to assure high quality and consistent products. This review will be accomplished by Consultant senior project managers and/or senior design group heads. The Consultant shall provide a list of names of the QC team. The QC team will review the entire design to help ensure coordination between Consultant and its subconsultants, and product quality. Deliverable: Three (3) copies of all quality assurance review submittals. Three (3) copies of the minutes of all meetings. Written response to Council's review comments. 2 PRELIMINARY DESIGN PHASE TASK 2.1 PRELIMINARY DESIGN WORKSHOP Objective: Gain a full understanding of Council stakeholders'— (Council's Operations, Design, Maintenance, Planner groups) goals, objectives, and concerns for the project. Present work processes, criteria, and schedules for the Design Report phase. Solicit feedback from Council staff. Descri tp ion: Discuss and identify various alternatives that may be available. Review Council's operational views and requirements relative to alternative evaluation. Discuss and determine the methodology by which the proposed methods, alignments, and alternate configurations will be evaluated and compared. Present work plans and schedules and solicit feedback for the following: • Aerial mapping • Geotechnical investigation • Wetland and flood mapping • Utility mapping • Property acquisition • Life cycle cost estimating • Public involvement Deliverable: A workshop agenda will be prepared and detailed minutes will be taken. A written summary of the workshop will be prepared and three (3) copies will be delivered within five(5) working days of the workshop. TASK 2.2 PRELIMINARY DATA REVIEW Obiective: To obtain and compile aerial mapping, utility, geological, natural resources, and environmental site data of all potential interceptor corridors to facilitate planning. Description: Prepare a preliminary data review utilizing the following sources of information: • The most recently available aerial mapping from City, County, or MnDOT sources. Recently collected aerial photography compiled at greater than 1:600 scale may be used for the Professional Services Project Delivery Guidelines Page 5 preliminary data review, however, base mapping for record drawings should meet the design requirements. • Corridor topography collected from available topographic maps, record drawings, or other survey sources along potential corridors. • Record drawings for public utilities from the City, County, and MnDOT. • Schedules for street and highway improvements from the City, County, and MnDOT. • Record drawings for private utilities. • Surficial and bedrock geology information from the County Geologic Atlas along potential interceptor corridors. Supplement the geologic information with any site-specific sources available from the Minnesota Geological Survey, local well drillers' 1ogs, or other sources. • Regulatory agency file review of identifiable sites along the comdor to include: site specific spill, Leaking Underground Storage Tank (LUST), Voluntary Investigation and Cleanup (VIC), Resource Conservation and Recovery Act (RCRA) and Minnesota Environmental Response and Liability Act(MERLA) files • Federal Emergency Management Agency (FEMA) floodway and National Wetlands Inventory (NWI) wetland mapping. Supplement with any available County or City mapping of floodways and wetlands. • Regionally Significant Ecological Areas, Regionally Significant Natural Resource Areas, Significant Natural Areas, and Wildlife Management Area mapping from the DNR. Deliverables: Plan and profile strip maps for all potential interceptor route corridors and a written summary of concerns for transportation corridors,utilities, and environmental risks. TASK 2.3 DEVELOPMENT OF PROJECT ALTERNATIVES Objective: Prepare a technical memorandum of project alternatives. Desc�tion: Prepare a study of alternatives for the project that includes: • Descriptions including plan and profile figures for alternative gravity or forcemain facilities and alternative alignments. • Preliminary geotechnical conditions review. • Utility location and conflict review. • Preliminary environmental risk review. • Preliminary right-of-way acquisition assessment. This work should be interfaced with project staffresponsible for Acquisition Planning under Phase 2. • Life cycle cost estimates for all project alternatives. • Schedules for implementation of project alternatives • A feasibility analysis summary of project alternatives on the basis of constructability, operability, and costs. Deliverables: One (1) copy of the memorandum outline prior to development. Three (3) copies of the memorandum. Professional Services Project Delivery Guidelines Page 6 TASK 2.4 PUBLIC INVOLVEMENT Objective: To engage the impacted residents, businesses, and organizations and respond to their specific concerns. This process is to keep the public informed and to draw out, solicit, identify, and manage issues proactively. Description: The Consultant shall contract with a communications consultant that is acceptable to both the Council and the Consultant. Consultant will work with the Council and local communities to inform area residents, businesses, and organizations of the project, to solicit comments and to respond to those comments. Prepare for and conduct public information meetings and also meet with businesses and individuals (in-group settings and individually) as necessary during the facility planning to inform and receive input from the stakeholder community regarding the improvements. Consultant to make all necessary arrangements and preparations including the following: • Preparation meetings with Council to discuss specifics of ineeting content and responsibilities. • Obtain mailing list from the County, include organizations and agencies involved, and prepare meeting notice mailing labels. • Draft Public Information Meeting Notice with Council's input. • Prepare meeting agendas. • Secure and make arrangements for the Public Information Meetings locations. • Create all exhibits and MS Power Point slide presentation for the Public Information Meetings. • Conduct Public Information Meetings. • Record Public Information Meetings minutes and public comments. • Distribute Public Information Meeting minutes and public comments within 15 days. Deliverable: Exhibits, Power Point slides presentation, written record of Public Information Meetings minutes and comments. TASK 2.5 FACILITY INSPECTION AND CONDITION EVALUATION Objective: Assessment of existing interceptor and lift station conditions. Determination of the feasibility to rehabilitate and reuse the existing structures. Description: Review existing maintenance information and CCTV inspection tapes. Determine critical inspection information gaps. Review existing information and physically inspect lift station sites. Assess rehabilitation needs and methods in addition to a recommended rehabilitation schedule. Summarize the results of the reviews. Deliverables: One (1) copy of the memorandum outline prior to development of the memorandum. Three(3) copies of the memorandum. Professional Services Project Delivery Guidelines Page 7 TASK 2.6 WETLAND AND FLOOD PLAIN REVIEW Objective: Identify wetlands and flood plains that will be impacted by construction of the interceptor facilities and determine whether any wetland or flood plain mitigation will be required. Description: Review wetland and flood plain mapping included in the Facility Plan and conduct a field reconnaissance of areas potentially affected by the construction of proposed facilities. Meet with local governing units and the DNR as necessary to identify and avoid wetlands if possible or to evaluate and determine the need for potential mitigation if avoiding them is not possible. Deliverable: Three (3) copies of the findings of the wetland and flood plain review will be prepared including recommendations for further work. TASK 2.7 EVALUATION OF PROJECT ALTERNATIVES Objective: Prepare a technical memorandum evaluating project alternatives. Description: Conduct an evaluation of alternative solutions incorporating the findings of geotechnicai, environmental, wetland, and flood plain reviews, the results of facility inspections, and public response. Include findings from the Preliminary Data Review and Development of Project Alternatives tasks. The evaluation should be based upon criteria of costs (including capital, operating, and life cycle), sustainability, environment impacts, operation and maintenance concerns, and ability to implement. The evaluation should be summarized in a matrix of project alternatives and criteria. Deliverables: One (1) copy of the evaluation matrix and one (1) copy of the memorandum outline prior to development. Three (3) copies of the memorandum. TASK 2.8 TECHNICAL REVIEW Objective: An independent review of the project alternatives evaluation and proposed recommended plan. Description: The Council will select the members of the technical review panel. The Consultant shall be responsible for the coordination of the technical review panel. This includes: • Provide review materials. Consultant shall provide a copy of the project alternatives evaluation, recommended plan proposal, supporting materials, calculations, and reference materials to each of the technical review panel. Consultant staff shall be made available for interviews by the technical review panel. • Schedule and conduct the technical review panel workshop. Solicit comments and prepare meeting minutes. • Provide comment responses. Consultant shall review the technical review panel's findings and provide a written response to the technical review panel and Council. The consultant will Professional Services Project Delivery Guidelines , Page 8 incorporate findings (as determined by the Council) into the project alternatives evaluation and recommended plan. Deliverables: Ten (10) copies of the review materials, meeting minutes, and comment responses. TASK 29 RECOMMENDATIONS AND IMPLEMENTATION Objective: Prepare a technical memorandum incorporating Technical Review comments for Council use in preparing the Preliminary Design Report(PDR). Description: Develop the recommended plan in sufficient detail to allow proceeding with the preparation of plans and specifications, including the following: • Forcemain alignment and profile • Hydraulic design basis • Site plan and property requirements • Constructability concerns and solutions • Specialty engineering design criteria • Utility conflict solutions • Operation during construction/bypass requirements • Optimization opportunities • Schedule and cost • Operations and maintenance considerations Upon Consultant submission of the technical memorandum, Council Project Manager completion of the PDR, and written approval of the PDR by the Council Engineering Manager, project elements will be under a design concept"freeze". Deliverables: Three (3) copies of the memorandum. 3 DESIGN PHASE TASK 3.1 PUBLIC INVOLVEMENT Objective: Prepare for and conduct public information meetings and/or workshops to inform and receive input from the stakeholder community regarding construction of the project. Engage the impacted residents and businesses and respond to their specific concerns in order to gain public acceptance of the proposed interceptor implementation. Descri tion: The Consultant shall contract with a communications consultant that is acceptable to both the Council and the Consultant. Consultant will work with the Council and local communities to inform area residents, businesses, and organizations of the project, to solicit comments and to respond to those comments. Prepare for and conduct public information meetings and also meet with businesses and individuals (in-group settings and individually) as necessary during the facility planning to inform and receive input from the stakeholder community regarding the improvements. Consultant to make all necessary arrangements and preparations including the following: Professional Services Project Delivery Guidelines Page 9 • Preparation meetings with Council to discuss specifics of ineeting content and responsibilities. • Obtain mailing list from the County, include organizations and agencies involved, and prepare meeting notice mailing labels. • Draft Public Infortnation Meeting Notice with Council's input. • Prepare meeting agendas. • Secure and make arrangements for the Public Information Meetings locations. • Create all exhibits and MS Power Point slide presentation for the Public Information Meetings. • Conduct Public Information Meetings. • Record Public Information Meetings minutes and public comments. • Distribute Public Information Meeting minutes and public comments within 15 days. Deliverable: Exhibits, Power Point slides presentation, written record of Public Information Meetings minutes and comments. TASK 3.2 SURVEY AND MAPPING Objective: Update and verify the ground control surveys, topographic survey, and engineering base map and incorporate survey data collected from land acquisition activities completed by CounciL Descri tion: Update survey and mapping necessary to produce an engineering base map for the design. Include the following: • Conduct any required ground control surveys for aerial photography. • Obtain aerial photography of sufficient quality and accuracy for 1:600 scale mapping. • Map found or placed monuments; easements; locations of buildings, walls, fences, streets, driveways, alleys, sidewalks, parking areas, and other structures; trees and landscaping, and location of water features. • Prepare two-foot elevation contours. • Reference project coordinates to existing horizontal and vertical control points. • Tie-in locatable property corners. • Map property and easement lines. Include property owners' names and property ID numbers. � Map boundaries of all property interests to be acquired Deliverable: One AutoCAD� drawing file and one (1) paper copy of the engineering base map using a county coordinate system. One set of aerial photographs. TASK 3.3 UTILITY LOCATIONS AND MAPPING Objective: Determine the type and location of existing utilities within the construction corridor for design purposes. Show existing utility locations on the plan and profile sheets. Professional Services Project Delivery Guidelines Page 10 Descri tp ion: Conduct utility surveys at the quality level necessary as defined by the Standard Guideline for Collection and Depiction of Existing Subsurface Utility Data (CUASCE 38-02, 2002). Prepare mapping and conduct meetings with utility owners in accordance with Minnesota Statutes, section 216D.04. Submit Gopher State One Call Design Locate tickets, investigate and map all utilities in corridor. Obtain invert elevations, size, and materials of storm and sanitary sewers. Contact utility companies for maps of their utilities in the corridor. Map water lines using City plan sheets from field locations of valves and hydrants. Map gas, electric, telephone, fiber optic, and cable TV from utility maps and field marks from design locate tickets and markings made for soil borings during the geotechnical investigation. The horizontal location and vertical elevation of the utilities will be determined. Existing utilities will be shown on the plan/profile sheets. Make arrangements for and conduct meetings with utility owners to communicate the project design and coordinate utility relocation. Either the Council's Project Manger or a representative of Council shall be present at the meetings. The engineer will indicate the indicated quality level (A, B, C, or D) for each noted area on the plans according to CUASCE 38-02. Areas of mixed quality level will include a written summary with the line code, description, quality level, utility attribute, and notes. All Quality Level A data will be summarized similar to the example supplemental data form in CUASCE 38-02 and attached to the contract documents. Deliverable: One AutoCAD� drawing file and one (1) paper copy of the survey and utility mapping engineering base map. TASK 3.4 WETLAND DELINEATION AND MAPPING Objective: Identify wetlands that will be impacted by construction of the interceptor and determine whether any wetland mitigation will be required. Description: Meet with local governing units and the DNR as necessary to identify and avoid wetlands if possible or to evaluate and determine the need for potential mitigation if avoiding them is not possible. Wetlands in the vicinity of the proposed alignment/corridor will be delineated. The x, y, and z coordinates of the delineated boundaries will be surveyed and mapped on the project digital map base. Deliverable: Three (3) copies of wetland delineation study report and findings. One (1) AutoCAD�drawing file and one(1)paper copy of the wetland delineation mapping. TASK 3.5 GEOTECHNICAL REVIEW AND BASE LINE REPORT Objective: Define soil types and groundwater conditions along the proposed alignment and construction corridor. Determine soil parameters and groundwater conditions for the final alignment's design. Prepare Geotechnical Baseline Report (GBR) for tunneled, directionally drilled, and jacked interceptor segments. Professional Services Project Delivery Guidelines Page 11 Descri tp ion: The geotechnical investigation program will review available information. Jacked or tunneled segments shall be particularly investigated for the presence of cobbles or boulders. Define areas of poor soils, bedrock and high groundwater along the proposed alignment for purposes of completing final design. The GBR will be prepared in general accordance with the guidelines and practices presented by ASCE in a special publication entitled "Geotechnical Baseline Reports for Underground Construction" and will include: • An evaluation of the subsurface conditions encountered including description and engineering characteristics (strength, compressibility, permeability, etc.) of the strata encountered will be presented as design parameter values for basis of all design issues regarding shafts, directional drilling, and tunneling. • Groundwater levels and groundwater conditions expected and a quantity of groundwater delineated along the tunnel (station to station) that needs to be appropriately controlled by the contractor. • A discussion of appropriate construction techniques necessary to properly construct the project with supporting rationale and stating specifically methods that cannot be used, if any. • The behavior of the ground with regard to appropriate methods of excavation, installation of excavation support, directional drilling, tunneling and impacts on adjacent facilities will be presented as means of establishing a bid price to cover the cost of this work. • A discussion of sources of potential difficulty or hazard that could impact the construction progress, such as boulders, nested boulders, mixed face soil/rock, contaminated ground, groundwater, soil behavior, and subsurface obstructions will be presented. Quantities of each item will be established so that they can be accounted for in the appropriate bid item. • The reasons for important or unusual construction specifications or requirements will be presented. The GBR will be signed and sealed by the lead geotechnical engineer and a Minnesota registered professional engineer and provided for incorporation with the construction Contract Documents. Deliverable: Three(3) copies of the geotechnical baseline report. TASK 3.6 ENVIRONMENTAL SITE CONTINGENCY AND SITE SAFETY AND HEALTH PLANS Objective: Prepare Site Contingency and Site Safety and Health Plans to protect public health and the environment. Description: Prepare plans and reports required to protect workers associated with construction, protect the public, and mitigate potential environmental impacts identified in the Facility Plan. Planning and reporting shall be conducted under the authority of the MPCA Voluntary Investigation and Cleanup program. Prepare and update Site Contingency Plans and Site Safety and Health Plans for the project. Site Safety and Health Plans shall meet the requirements of 29 CFR 1910.120. Consultant shall gain approval from the MPCA for all Site Contingency Plans. Professional Services Project Delivery Guidelines Page 12 Deliverable: Three (3) copies of draft Site Contingency and Site Safety and Health Plans. Prepare the Site Contingency and site specific Site Safety and Health Plans for all work and for inclusion with the Contract Documents in the numbers required for each site. TASK 3.7 MID COURSE DESIGN Objective: To provide a Mid Course Design Report. Description: The mid-course design process is a continuous process where the Consultant identifies issues or details that may differ from the approved PDR. As these issues or details arise, the Consultant shall initiate a dialogue with the project manager to address those changes. Once the issue or detail has been resolved, an approval document shall be prepared and signed by the Project Manager, and approved by the Engineering Manager, to place the revised project elements back under the design concept "freeze". Resolution of issues shall be based on "Business Case Evaluation"principles. All revisions to preliminary design submittal shall be documented in the project record. It is anticipated that this process will continue throughout the final design schedule and may require a number of approval documents to be issued. The Mid Course Design Report will be prepared to include the following information: • Horizontal and vertical location of structures (lift stations, diversion structures, etc.), forcemains, and gravity sewers � Site plans and requirements • Building layouts and requirements • Engineering design basis for geotechnical, hydraulic, mechanical, electrical, and HVAC elements • Proposed designs/construction methods for dewatering, soil corrections, foundations, and specialized construction (foundations, soil corrections, tunneling,jacking, and/or directional drilling) • Utility conflict solutions and utility relocation plans • Proposed designs for odor and corrosion control • Requirements for operation during construction/bypass requirements • Schedule, construction cost, and operation and maintenance costs • Operations and maintenance considerations The Mid Course Design Report shall also include draft Contract specifications and drawings associated with major elements of the project. These items include: • Major equipment selections for pumps, valves, meters, controls, and generator sets. Select piping materials and related sewer appurtenances. • Major specification sections for equipment, piping, and specialized construction (tunneling, jacking, and/or directional drilling). • Preliminary Bid Form (Section 00410) and Summary of Work(Section 01010). • Preliminary drawings. Professional Services Project Delivery Guidelines Page 13 Deliverable: Four (4) copies of the draft Mid Course Design Report with drawings, graphics, tables, and appendix containing supporting documentation for Project Manager review and approval. Ten (10) paper copies of the final Mid Course Design Report for Technical Review Panel Review. TASK 3.8 TECHNICAL REVIEW PANEL—MID COURSE DESIGN Ob'ective: An independent review and value engineering assessment of the Mid Course Design Report. Descri tp ion: the Council will select the members of the technical review panel. The Consultant shall be responsible for the coordination of the technical review panel. This includes: • Provide review materials. Consultant shall provide copies of the final Mid Course Design Report as described in Task 3.7. Consultant staff will be available for interviews by the technical review panel. • Schedule and conduct the technical review panel workshop. The workshop may be divided into two sessions as required. In the first workshop session, the technical review panel will critique proposed designs, sewer alignments, locations of structures, design basis, property and operational requirements, and project schedule and cost. In the second session, the technical review panel will critique, specialized construction (foundations, soil corrections, tunneling, jacking, and/or directional drilling), set bid document requirements, provide recommendations for qualifying construction firms, and develop risk-sharing concepts. Consultant will solicit comments and prepare meeting minutes from all sessions. • Provide comment responses. Consultant shall review the technical review panel's findings and provide a written response to the technical review panel and Council. The consultant will incorporate findings (as determined by the Council) into the Final Design Report. Deliverables: Ten (10) copies of the review materials,meeting minutes, and comment responses. TASK 3.9 FINAL DESIGN Obictive: To produce complete Drawings, Specifications, and a Final Design Report. Descri tp ion: In addition to preparing complete Drawings and Specifications, the Consultant shall prepare a Final Design Report including the following. • Contractor qualification requests and selection requirements • Project specific Division O documents • Permits • Floodway and wetland mitigation plans • Environmental contingency plan • Construction precondition assessment, vibration monitoring, settlement monitoring, materials testing, and survey plan • Operation and maintenance requirements during construction • Construction cost estimate • Construction schedule Professional Services Project Delivery Guidelines Page 14 Detailed construction Drawings will include all drawings and elements required to accurately depict the project, including: • Plan views • Profiles • Sections • Elevations • Details • Schematics • Schedules � Typical Details Drawings will be prepared in accordance with MCES AutoCAD� Standards and MCES General Requirements for Bidding Documents. The drawings will be consistent with Federal, State, and local codes, rules and regulations, accepted professional design standards, MPCA, and EPA criteria. The drawings will be certified by an engineer registered to practice in the State of Minnesota and will meet the technical requirements of the Minnesota Public Facilities Authority (PFA) Loan Program. Calculations required for the detailed design will be maintained in a neat and orderly fashion in accordance with Council's requirements, with all calculations identified by date, subject, and design and reviewed, and will support the information shown on the drawings. Calculations will be made available for review by Council's staff. Specifications will be prepared in Council's standard format utilizing Council's guide specifications. The Consultant shall prepare concise and clear descriptions of each process system operation. The descriptions will be incorporated in the specifications where appropriate and will be submitted in digital format to Council for later incorporation into the operation and maintenance manuaL Deliverable: Four (4) hard copies of the draft Final Design Report, one (1) AutoCAD�and (4) half size paper copies Drawings, and one (1) Microsoft� Word file and four (4) paper copies of the Specifications for Project Manager review and approval. Ten (10) paper copies of the final Final Design Report, Drawings,and Specifications for Technical Review Panel Review. TASK 3.10 TECHNICAL REVIEW PANEL—FINAL DESIGN Objective: An independent review and value engineering assessment of the Final Design Report, Drawings, and Specifications. Descri tion: the Council will select the members of the technical review panel. The Consultant shall be responsible for the coordination of the technical review panel. This includes: • Provide review materials. Consultant shall provide copies of the final Final Design Report, Drawings and Specifications as described in Task 3.7. Consultant staff will be available for interviews by the technical review panel. • Schedule and conduct the technical review panel workshop. The workshop may be divided into two sessions as required. In the first workshop session, the technical review panel will Professional Services Project Delivery Guidelines Page 15 critique proposed designs, sewer alignments, locations of structures, design basis, property and operational requirements, and project schedule and cost. In the second session, the technical review panel will critique, specialized construction (foundations, soil corrections, tunneling, jacking, and/or directional drilling), set bid document requirements, provide recommendations for qualifying construction firms, and develop risk-sharing concepts. Consultant will solicit comments and prepare meeting minutes from all sessions. • Provide comment responses. Consultant shall review the technical review panel's findings and provide a written response to the technical review panel and Council. The consultant will incorporate findings (as determined by the Council) into the Bid Ready Design. Deliverables: Ten (10) copies of the review materials,meeting minutes, and comment responses. TASK 3.11 BID READY CONTRACT MANUAL AND DRAWINGS Objective: To produce a bid ready Contract Manual and Drawing set. Description: The bid ready Drawings will incorporate Final Design Technical Review Committee comments and be prepared in accordance with Task 3.9. A two-volume Contract Manual will be developed. The Contract Manual will be prepared in accordance with the Construction Specification Institute (CSI) "Manual of Practice", as modified by the Council's General Requirements for Bidding Documents. The manual will be prepared for bidding and award to one(1)prime contractor. Volume I of the Contract Manual will include the front-end documents and technical specifications. The Consultant will prepare project specific Division O documents. The Council will furnish a completed master documents paper copy subsequent to the Bid Form (Section 00410) and preceding the Summary of Work(Section 01010). For developing technical specification sections, the Consultant will use the Council's Guide Specifications, modifying and supplementing them as necessary. Volume II of the Contract Manual will include the following: • List of submittals specified in the Contract Manual to be furnished by the Contractor • List of tests to be furnished by the Contractor and Council • Geotechnical information used for the Geotechnical Baseline Report � Copies of permits • Other items identified by Council TASK 3.12 SUPPORT OF SECURING PERMITS AND REGULATORY APPROVALS Ob'ectl ive: Apply for and secure the required permits and regulatory approvals. Descri tion: The Consultant will assist the Council in securing the required permits and approvals for each interceptor branch by providing supplemental documents as needed for applications, attending meetings with responsible authorities and preparing written responses to agency and public questions. Professional Services Project Delivery Guidelines Page 16 Permits include but are not limited to: • City and County Right of Way(ROW) Permits • Mn/DOT ROW Permits • MPCA on EAW • MPCA Sewer Extension and NPDES General Stormwater Permits • MPCA Approval of Plans and Specifications • DNR Permit to Work in Protected Waters or License to Cross State Lands or Waters • Storm Water Pollution Prevention Plan • Army Corps of Engineers Nationwide Permit to Install Underground Utilities • Railroad Crossing Permit(s) • Local Government Unit Wetland Permits • Local Government Conditional Use Permits Deliverable: Supplemental documents in the form and number requested by the Council. TASK 3.13 CONSULTANT'S ESTIMATE OF CONSTRUCTION COST Objective: Prepare a preliminary Estimate of Construction Costs (ECC) at the Preliminary Design, Mid Course Design, and Final Design phases. Prepare a final ECC, including all addenda items, five (5)days before bid. Descri tion: The Consultant will prepare a detailed ECC for the facilities included in the bidding documents at the intervals described above. The ECC will reflect local pricing conditions and will have a target accuracy of within 10 percent of the Contractor's bid price. The minimum detail provided will include an estimate for each line item of the unit bid price schedule. Deliverable: One (1) electronic and four (4) paper copies of ECCs at the intervals described above. TASK 3.14 BID PHASE SUPPORT Objective: Support the Council's staff in soliciting bids for constructing the project and preparing addenda. Description: The Consultant will assist the Council by: • Responding to plan holder questions • Preparing and certifying addenda for distribution by Council • Attending a pre-bid conference and project site tour Deliverable: Copies of the addenda in the format and number required by the Council for each Project. Professional Services Project Delivery Guidelines Page 17 4 CONSTRiJCTION PHASE TASK 4.1 UTILITY MEETINGS Objective: Meet with utility owners and construction contractor to review utility protection and relocation plans. Description: Make arrangements for and conduct meetings with utility owners in accordance with Minnesota Statutes, section 216D.04. Verify that utilities are shown correctly in the Contract Drawings. Review the project design, protection measures, and relocation plans with affected utility owners. The Council's Project Manager and the Council's Authorized Representative(CAR) shall be present at the meetings. Coordinate utility location work to be conducted by the construction contractor. Review example supplemental data forms for Quality Level A utility location work. Deliverable: Three (3)paper copies of the meeting minutes. Provide copies the CAR, Council's Project Manager, and the construction contractor. TASK 4.2 WEEKLY PROGRESS MEETINGS AND SITE VISITS Objective: Support weekly progress meetings, attend meetings, and make site visits during the course of the construction project as requested by CounciL Descri tion: The construction contractor will provide construction staking and that the Council will provide for full-time construction observation and construction administration. The Consultant will assist the Council with construction administration by attending the weekly progress meetings, assisting with interpretation of the intent of the design documents, and providing technical assistance during the course of the construction project. The Consultant will periodically visit the project site and update Council on observations. Deliverable: Letters, reports, and supporting documentation as necessary to assist Council to administer the construction contract for each project. TASK 4.3 REVIEW OF CONTRACTOR'S SUBMITTALS Objective: Provide technical review of all contractor submittals required by Section 01300 of the Contract Manual. Description: The Consultant will review all submittals required by Section 01300 of the Contract Manual including shop drawings and submittals for materials and equipment, working drawings, and submittals for specified construction methods and quality control testing reports. Deliverable: Return the shop drawirigs, working drawings and test reports with acceptability or non-acceptability notation and appropriate comments with timeframe stated in construction contract documents. Professional Services Project Delivery Guidelines Page 18 TASK 4.4 CONSTRUCTION INSPECTION SERVICES Objective: Provide construction inspection services. Descri tp ion: The Council will provide Council Authorized Representative (CAR) Services. The Consultant shall provide two (2) full time resident inspectors during construction activities to support the CAR. Deliverable: Three (3) copies of inspector resumes for Council review and approval. Three copies of field reports submitted on a weekly basis on forms approved by the Project Manager. TASK 4.5 CONSTRUCTION SURVEYING Objective: Provide construction surveying services. Descri tp ion: Plan and implement construction surveys for the project. Work shall include surveying and staking of Construction Limits prior to starting the construction; surveying to measure quantities for payment; and surveying and staking of surface improvements including pavements, storm drainage lines, catch basins, concrete curb and gutter,walks,trails, and grading. Provide immediate updates of all field collected data to the Council's Authorized Representative (CAR) at the project field office. Immediately inform the CAR and Council's Project Manager of survey locations that fail the requirements of the project drawings and specifications. Provide a weekly summary to the CAR prior to the weekly progress meeting indicating what survey work was completed and the results. Maintain copies of all data compiled into a single file. Deliverable: Three (3) copies of the construction survey plan. Provide weekly work summaries and results. Organize and provide the data in the manner as required by the CAR. TASK 4.6 REVIEW OF FIELD ORDERS AND CHANGE ORDERS Objective: Review field and change orders as requested by the Council Project Manager. Provide written analysis and recommendations for action. Descri tion: The Consultant will review field orders and change orders, and will provide written analysis and recommendations for final action within 5 working days. Deliverable: Written analysis with recommendations for each field order or change order for each project. TASK 4.7 DRAFT FACILITY MANUAL Objective: Production of draft Facility Manual. Professional Services Project Delivery Guidelines Page 19 Description: Format, write, assemble, and deliver the draft Facility Manual. The Facility Manual shall follow format, organization, and contain similar features, graphics, photographs, and content as the sample manual provided by the Council. Consultant shall make site visits to obtain supplemental digital photographs of equipment and facility features not contained in the construction photographs. In addition,the following subtasks shall be completed the following subtasks: • Provide hydraulic grade line and system/pump curves graphics and calculations in written and electronic formats. Calculations shall be prepared using Excel spreadsheet software. • Prepare clear and concise descriptions of the operation of each major process system in written and electronic formats. • Provide CAD drawing files in preparing Facility Manual graphics. Council Responsibilitv: Council will provide construction photographs for incorporation into the manual. Deliverables: One (1) copy in Acrobat� PDF format and one (1) copy in Microsoft� Word format of the draft Facility Manual for each Project. TASK 4.8 FINAL FACILITY MANUAL Objective: Production of final Facility Manual. Descri tion: Format, write, assemble, and deliver the final Facility Manual. The Facility Manual shall follow format, organization, and contain similar features, graphics, photographs, and content as the sample manual provided by the Council. Consultant shall make site visits to obtain supplemental digital photographs of equipment and facility features not contained in the construction photographs. The final Facility Manual shall have all Council's review comments and additions fully reconciled and incorporated. Deliverables: One (1) copy in Acrobat� PDF format and one (1) copy in Microsoft� Word of the final facility manual for each Project. One (1) original and two (2) bound copies of the complete Facility Manual for each Project. TASK 4.9 OPERATOR MANUAL Objective: Production of Operator Manual. Description: The Operator Manual is a document specifically designed for operations personnel. It contains only information from the Facility Manual essential for operators to optimize facility operations. The Operator Manual is intended to serve as a reference document, to be used in the field, providing quick access to the vital information. The Manual shall follow similar format, organization, and contain similar features, graphics, photographs, and content as the sample manual provided by the Council. Professional Services Project Delivery Guidelines Page 20 Deliverables: One (1) original and three (3) copies of the Operator Manual for each Project. One (1) copy in Acrobat� PDF format and related files on CD-ROM for each Project. Provide one (1) copy in Microsoft�Word and related files on CD-ROM for each project. TASK 4.10 INTERACTIVE FACILITY MANUAL Obiective: Production of an interactive Facility Manual. Descri tp ion: An Interactive Facility Manual shall be prepared using the Final Facility Manual and the Acrobat� PDF format document management system. The Manual shall be provided on CD-ROM with document search capabilities, interactive links, and other features to facilitate easy access to select information. The Interactive Facility Manual shall follow format, organization, and contain similar features, graphics, photographs, and content as the sample manual provided by the CounciL Deliverables: Final Interactive Facility Manual on CD-ROM for each Project. TASK 4.11 AS-RECORDED CONTRACT DRAWINGS Obiective: Prepare as-recorded contract drawings. Description: The Consultant will obtain surveyed x, y, z coordinates for all structure rim and invert elevations and enter this data on the as-recorded contract drawings. All pertinent notes compiled from the Council's construction observation field drawing sets will also be entered on the as-recorded contract drawings. Deliverable: One (1) set of AutoCAD� drawing files, one (1) full-size set of Mylar prints, and three (3)paper copies of as-recorded drawings for each Project. Professional Services Project Delivery Guidelines Page 21 Exhibit C Proposed Project Schedule EXHIBIT C PROPOSED PROJECT SCI3EDULE 1-GV-461 Relief Lift Station and Forcemain GENERAL PROJECT SCHEDULE Consultant NTP December 2011 Construction Bids Received Se tember 2012 Construction Contractor NTP October 2012 Construction Com lete June 2014 CONSULTANT CONTRACT MILESTONES Prelimina Desi n Re ort Com lete March 2012 Mid Course Desi n Com lete Ma 2012 Final Desi n Com lete Jul 2012 Bid Ready Contract Manual and August 2012 Drawin s Com lete Attachment to the Proposal Instructions: Scope of Work Page 1 Exhibit D Estimated Cost of City Services to Council M� � � N V N Q (O F M � � � �� O U N a N � C �p �� p�°v\j� �M O �M tt N M(V M� n . 2 �� J � N C� O Z U � O c`, U � O '� � w �Nj J O O O O O O O O O O O O O N��N�p � '� ��d' d' (O V d' V CO W lD fD �p (''p�� ' O �f9�fA � a W c p fA FL° H m V o _ � � o 0 00°o�°n � W � � d°.�oo o°oN o00o v �� M � �� Q � C� N c o 0 0 0 0 O � O O O O �O O O O O O O ��0 O O W cOaDODOD NcO�F V N MM� � '� mCOQ) FW,. 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Under this agreement Golden Valley will: • Hire Consultant to design this forcemain and be reimbursed by MCES up to $40,000. • Hire Consultant to complete all construction engineering on this segment and be reimbursed by MCES up to $110,000. • Receive $41,000 in reimbursement for contract administration assistance. • Receive $10,000 in reimbursement for land acquisition assistance. • Be reimbursed by MCES for the majority of the Circle Down/Turners Crossroad street reconstruction items up to $1,378,000. • Pay for curb installation and public utility improvements on Circle Down/Turners Crossroad up to $262,000. Met Council#11I031 Amendment#1 AMENDED AND RESTATED COOPERATIVE AGREEMENT 1-GV-461 Relief Lift Station and Forcemain Project THIS AMENDED AND RESTATED COOPERATIVE AGREEMENT ("Agreement") is made and entered into as of ,by and between the City of Golden Valley, a Minnesota municipal corporation ("City") and the Metropolitan Council, a public corporation and political subdivision of the State of Minnesota("Council"). BACKGROUND RECITALS 1. On July 13, 2011, the City and Council entered into a design services Cooperative Agreement (the "Initial Agreement") which set forth the terms and conditions under which the Council and City would support and execute certain tasks related to the design of the Circle Down segment of the 1-GV-461 Relief Lift Station and Forcemain Project, referred to in the Agreement as the "Council Forcemain." 2. The parties now have determined that it is in their best interests to continue to design and construct the Council Forcemain and therefore to amend and fully restate the Initial Agreement. NOW, THEREFORE, FOR VALUABLE CONSIDERATION THE RECEIl'T OF WHICH IS HEREBY ACKNOWLEDGED, the parties agree to amend and fully restate the Initial Agreement as follows: ° Page 1 AMENDED AND RESTATED COOPERATIVE AGREEMENT RECITALS 1. The City has authorized and intends to start removal and replacement of a street named Circle Down as part of their Pavement Management Program on or about April l, 2012. Construction will include full width pavement removal and replacement of approximately 1750 lineal feet of street, stormwater drainage improvements, and landscaping. For the purposes of this Agreement, this project is called the "City Project". The location of the City Project is shown in Exhibit A of this Agreement. 2. The Council, as part of its metropolitan wastewater treatment facilities, proposes to design and construct a lift station and 18-inch diameter forcemain through the City to increase capacity and improve redundancy and reliability of its interceptor facilities in the City and St. Louis Park service areas. Construction will include installation of a 5 million gallon per day (MGD) capacity lift station in the southeast quadrant of the intersection of Interstate I-394 and Hwy 100 and 18-inch diameter forcemain from the lift station to the Council owned Plymouth Forcemains north of Hwy 55. Part of the proposed forcemain route is Circle Down as shown in Exhibit A. 3. The Council has determined that it can best utilize its staff and financial resources by providing for the design and construction of the Council Forcemain by the City. 4. The Council is authorized by Minnesota Statutes § 473.504 to construct any interceptor or treatment works determined to be necessary or convenient for the collection and disposal of sewage in the metropolitan area and (under the provisions of Minnesota Statutes § 471.59 (providing for joint or cooperative action between governmental units including the Page 2 Council and City)), contract with any governmental unit for the performance, on the Council's behalf, of any service the governmental unit is authorized to provide for itself. 5. The 1-GV-461 Relief Lift Station and Forcemain Project is duly authorized by the Council and will be included in Council's 2012 Capital Improvement Plan. 6. The Council and the City agree that each is authorized to enter into this Agreement pursuant to Minnesota Statutes § 471.59, Metropolitan Council Action No. 2011-134 and City Council Resolution dated , and that the Council Forcemain may be carried out by the parties hereto as provided by this Agreement under the provisions of Minnesota Statutes § 471.59. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Page 3 AGREEMENT NOW, THEREFORE, for mutual valuable consideration, the sufficiency of which has been agreed to by the parties, the Council and the City agree as follows: I. PURPOSE The purpose of this Agreement is to set forth the terms and conditions under which the Council and City will support and execute certain tasks related to the City Project and the Council Forcemain, and under which the Council and City will reimburse each other for costs associated with these tasks. II. CONSENT AND APPOINTMENT l. The Council hereby consents to and appoints the City as its agent to design and construct the Council Forcemain and incorporate the Council Forcemain into the City Project. 2. The City has contracted Short Elliot Hendrickson, Inc. ("Consultant") to provide engineering services for the City Project. The City shall obtain a fee quote for professional engineering services from the Consultant to provide engineering services for the Council Forcemain including design, production of construction Documents, and construction support ("Engineering Services"). Construction documents will include plans, specifications, bidding documents, and a proposed schedule for the Council Forcemain (collectively the "Construction Documents"). Construction support will include staking, project representation, observation, and production of record plans for the Council Forcemain. If the Consultant's fee quote is not acceptable to the Council, the Council shall have the right to terminate or amend this Agreement. 3. The City shall engage a construction contractor ("City Contractor") to construct the Council Forcemain in accordance with the Construction Documents prepared by the Consultant and in accordance with this Agreement. Page 4 III. COUNCIL FORCEMAIN DESIGN PHASE l. Exhibit B contains the Scope of Work for the design of the Council Forcemain. Upon full execution of this Agreement, the City will engage the Consultant to prepare the Construction Documents based on the Scope of Work. 2. The City shall provide the Council notice of and the Council shall participate in progress meetings with the Consultant to confirm that the Consultant is proceeding in accordance with the Council's Scope of Work and the Council's requirements. 3. The City shall require the Consultant to prepare and submit the Construction Documents to Council for review. The Council shall perform review and approval in accordance with the Consultant's proposed schedule. 4. The Council shall have the right to require modifications to the Scope of Work and Contract Documents by written notice to the City identifying the required modifications. If the Council requests a modification that is an additional service under the Consultant's contract with the City, the City sha11 submit the required modification to the Consultant and solicit a proposal from the Consultant identifying the cost and schedule impact associated with performing the additional service. The City shall not order the Consultant to proceed with modifications until the Council has agreed in writing to the Consultant's proposal and until the City determines that the modification will not adversely impact the City Project, including the City Project schedule. The cost of modifications required and approved by the Council shall be the responsibility of the Council unless otherwise agreed in writing by the City and the Council. Page 5 5. The Council agrees that acceptance of the Construction Documents by the Council for bid shall be deemed to be a representation by the Council that the Council has reviewed the Construction Documents and found them complete. 6. The Council and City each have the right to terminate this Ageement by written notice to each other. IV. COUNCIL FORCEMAIN CONSTRUCTION PHASE l. The City shall administer the contract with the Consultant for Engineering Services during construction of the Council Forcemain. The Council will inspect Council Forcemain for progress and compliance with the Construction Documents. Except as otherwise provided in this Agreement, the City shall require the Consultant to provide services in accordance with the Scope of Work and shall not make or allow any changes to the Scope of Work. 2. Upon receipt of the Council approved Construction Documents, the City will incorporate the Construction Documents into the construction documents for the City Project in such a way that the costs of the Council Forcemain will be differentiated from the costs of the City Project. The City will solicit bids from qualified construction contractors for the Council Forcemain pursuant to Minnesota Statute 471.345. Upon receipt of bids, the City shall tabulate bids, differentiating the costs for the Council Forcemain from the costs of the City Project, and submit to the Council a recommendation for selection of a bidder and award of contract to the lowest responsive, responsible bidder based on lowest aggregate bid for the City Project and the Council Forcemain combined. The Council shall have three (3)business days to review the bids and the City recommendation, and either accept or reject the bids and the City's recommendation. If the Council rejects the City's recommended bidder, the City may choose to Page 6 either rebid the project or award the contract and eliminate the Council Forcemain items, via change order, and proceed with the award of the project. If the Council rejects any or all bids and/or the City's recommended selection of a bidder, the Council will provide to the City, in writing, the reasons for such rejection. If the City chooses to award the contract and move forward with construction of the City Project excluding the Council Forcemain items, this Agreement shall automatically terminate. Subsequent to the Council's rejection of the City's recommendation for selection of a bidder and/or award of a contract, if the Council and City mutually agree, the City may re-advertise for bids. Immediately upon opening the second set of bids, the City and Council shall follow the procedure set forth in this paragraph with respect to tabulation of bids, recommendation for selection of a bidder and acceptance or rejection of bidder by the Council. If the Council again rejects any or all bids and/or awaxd recommended by the City, this Agreement shall automatically terminate. In the event this Agreement terminates in accordance with the terms of this Agreement, the Council shall pay the City for design and administrative fees actually expended by the City for the Council Forcemain in accordance with the terms of this Agreement. 3. 'The City acknowledges that the Council's decision on whether to accept the bids and the City's recommendation for selection of a bidder and award of contract may require approval from the Council due to statutory, regulatory, or policy restrictions on Council contracting authority. The Council shall endeavor to identify and obtain any such approvals within the time allowed in the Council Forcemain Schedule for review and approval. The City shall endeavor to reasonably accommodate any unanticipated Council approvals. 4. The City shall not award the contract for the City Project incorporating the Council Forcemain unless the Council has approved the award in writing. Page 7 5. Not less than seven (7) calendar days after the Council has approved the City's recommendation for selection of a bidder and award of contract, the City shall give written notice of the pre-construction conference and commencement of the Council Forcemain construction, said notice to be directed as follows: General Manager—Environmental Services Metropolitan Council 390 Robert Street North St. Paul, Minnesota 55101 6. The City shall administer the contract with the City Contractor selected under the bidding process described above, for construction of the Council Forcemain. Except as provided by Article 12 of this Section, the City shall require the City Contractor to construct the Council Forcemain in accordance with the Construction Documents and shall not make or allow any changes to the Construction Documents. An allowance will be established in the Construction Documents to pay for costs incurred if changes are required as provided by Articles 12.(a) andlor 12.(b) of this Section. 7. The Council shall appoint a Council's Authorized Representative (CAR), the person designated in writing by the General Manager of the Council's Environmental Services Division to represent the Council during construction. The City sha11 notify the Council in writing of the person it appoints as its representative during construction. 8. The CAR shall make periodic visits to the construction site to determine whether the Council Forcemain is being constructed in accordance with the Construction Documents and be responsible for observation of the work. The CAR shall not direct the City Contractor. If the Council reasonably determines that the work is not being properly constructed in accordance with the Construction Documents, the Council through its CAR shall immediately inform the City's authorized representative in writing of such defect. Page 8 9. The City's authorized representative will inform the CAR in writing when the City considers the Council Forcemain complete in accordance with the Construction Documents. Within seven (7) calendar days thereafter, the Council will inform the City in writing of the Council's determination regarding whether the Council Forcemain as constructed is complete and whether it does or does not conform to the Construction Documents. The Council will further inform the City of specific reasons for non-conformance to the Construction Documents and what steps must be taken by the City to make the Council Forcemain conform to the Construction Documents. 10. As between the Council and the City, the final decision on conformance of the Council Forcemain to the Construction Documents will be made by the Council. Evidence of determination by the Council of the conformance of the Council Forcemain to the Construction Documents will be in writing by letter from the General Manager of the Council's Environmental Services Division. The Council will not unreasonably withhold its determination of conformance of the Council Forcemain to the Construction Documents. 11. During construction of the Council Forcemain, Council shall have the right to require modifications to the Construction Documents by written notice to the City identifying the required modifications. The City shall require the City Contractor to make the required modifications to the Construction Documents. If the Council requests a modification that has an associated cost or schedule impact under the City Contractor's contract with the City, the City shall submit the required modification to the City Contractor and solicit a proposal from the City Contractor identifying the cost and schedule impact associated with making the required modification. The City shall not order the Contractor to proceed with the modifications until the Page 9 Council has agreed in writing to the City Contractor's proposal and until the City determines that the modifications will not adversely impact the City Project, including the City Project schedule. 12. The City shall submit any proposed amendments to or material changes in the Construction Documents, including the construction schedule, to the Council for review and approval. Such amendments to the accepted final Construction Documents and/or changes in the construction schedule must be submitted for approval to the Council's CAR at least three (3) business days prior to the implementation of such change. The City shall not proceed with amendment to or changes in the accepted final Construction Documents or construction schedule until the Council has consented to such change in accordance with Council's procedures and has approved such change in writing as evidenced by letter to the City from the CAR,provided: (a) with respect to any proposed amendment or material change to the Council Forcemain which the City finds in its reasonable judgment is necessary to avoid imminent personal injury or property damage, the City shall have the right to proceed with such amendment without written approval from the Council; and, (b) with respect to any proposed amendment or material change which the City finds in its reasonable judgment is necessary to avoid delays in the orderly progress of the Council Forcemain, or avoid defects in the Council Forcemain, the City shall have the right to proceed with such amendment or material change if the Council has not responded within 24 hours. 13. During construction, the City shall have the right to require modification to the Construction Documents. However, such modifications shall not adversely impact the Council Forcemain schedule and all costs associated with modifications not requested by the Council but otherwise required by the City shall be borne by the City. Page 10 V. COSTS AND PAYMENT 1. The Estimated Council Forcemain Design and Construction Costs are shown in Exhibit C. 2. When the Council has accepted the City's recommended Consultant's professional engineering services fee and the City's recommended construction contractor and bid for the Council Forcemain in accordance with the terms of this Agreement, the City and Council agree to substitute, without the requirement of a formal amendment to this Agreement as long as the Estimated Council Forcemain Design and Construction Cost is not exceeded, a new Exhibit C showing the actual professional engineering fee, actual Council Forcemain construction phase costs including construction contractor costs and adjustments of the contingency, and City contract administration fees for the Council Forcemain in accordance with the percentages stated in Exhibit C. 3. The Council will reimburse the City in the amounts provided in this Agreement monthly, within thirty (30) days of receipt of invoices submitted by the City based on the progress of the Council Forcemain and approval of the invoices by the Council unless the Council contests the invoice by written notice within fourteen (14) calendar days of receipt of the invoice. If the Council provides timely notice of contest, the Council sha11 pay all uncontested amounts and may withhold the contested amount pending resolution of the amount actually due. 4. At the completion of the Council Forcemain, the City shall submit to the Council the City's Final Cost Statement for the Council Forcemain, invoices showing the Council's final costs, evidence of payments by the City to the Consultant and City Contractor as of the date of the Final Cost Statement, and statements of amounts payable to the Consultant and City Contractor as of that date. The Council shall have thirty (30) calendar days from the receipt of said invoices to review and pay or contest the amount due. The amount due shall be final, Page 11 binding and conclusive, and the amount shall be immediately payable, upon expiration of the aforesaid thirty (30) calendar day examination period unless the Council has contested the amount pursuant to this paragraph. If the Council provides timely notice of contest of the final invoices, the Council shall pay all uncontested amounts and may withhold the contested amount pending resolution of the amount actually due. 5. The City shall administer all contracts associated with the Project in such a way as to keep separate the costs of the Council Forcemain from the City Project. 6. The City shall not submit any invoice to the Council for Payment until the City has determined, in the City's reasonable discretion, that the invoice is due and payable for the Council Forcemain. VI. RIGHTS OF ENTRY AND PERMITS 1. For purposes of design and construction of the Council Forcemain, the City (including its employees, consultants and contractors) may enter upon the property or property interests owned by the Council. For the purposes of design and construction of the Council Forcemain, the Council (including its employees, Council's consultants and contractors) may enter upon the property or property interests owned by the City. 2. The City and Council shall assist the Consultant in applying for and obtaining construction permits and encroachment permits required for construction of the Council Forcemain. VII. RECORDS AND DATA 1. All records kept by the Council and the City with respect to the Council Forcemain shall be subject to examination by the representative of each party hereto. 2. All data collected, created, received, maintained or disseminated for any purpose by the activities of the City and the Council pursuant to this Agreement shall be governed by Page 12 Minnesota Statutes Chapter 13, as amended, and the Minnesota Rules implementing such Act now in force or hereinafter adopted. VIII. EMPLOYEES 1. All employees of the City and all other persons engaged by the City in the performance of any work or services required or provided for herein to be performed by the City shall not be considered employees of the Council, and any and all claims that may or might arise under the Worker's Compensation Act or the Unemployment Compensation Act of the State of Minnesota on behalf of said employees while so engaged, and any and all claims made by any third parties as a consequence of any act or omission on the part of said employees while so engaged, on any of the work or services provided to be rendered herein, shall in no way be the obligation or responsibility of the Council. 2. All employees of the Council and all other persons engaged by the Council in the performance of any work or services required or provided for herein to be performed by the Council sha11 not be considered employees of the City, and any and a11 claims that may or might arise under the Worker's Compensation Act or the Unemployment Compensation Act of the State of Minnesota on behalf of said employees while so engaged, and any and all claims made by any third parties as a consequence of any act or omission on the part of said employees while so engaged, on any of the work or services provided to be rendered herein, shall in no way be the obligation or responsibility of the City. IX. RESPONSIBILITY AND INDEMNITY 1. Each party agrees that it will be responsible for its own acts and the results thereof to the extent authorized by the law and shall not be responsible for the acts of the other party and the results thereof. The Council's maa�imum monetary liability is governed by the provisions of Page 13 Minnesota Statutes Chapter 466. The City's maximum monetary liability is governed by the provisions of Minnesota Statutes Chapter 466. 2. The City and the Council each warrant that they are able to comply with the aforementioned indemnity requirements through a self insurance program and have minimum coverage consistent with the liability limits contained in Minnesota Statutes Chapter 466. 3. The City further agees that any contract let by the City for the performance of the Council Forcemain as provided herein shall include clauses that will require the contractor to: (a) Defend, indemnify, and save harmless the Council, its officers, agents and employees from claims, suits, demands, damages, judgments, costs, interest, expenses, including, without limitation, reasonable attorney fees, witness fees, and disbursements incurred in defense thereof arising out of or by reason of the negligence of said contractor, its officers, employees, agents or subcontractors; (b) Provide and maintain insurance as required in the contract between the City and the contractor and to provide the Council, also as required in the contract between the City and the contractor, with Certificates of Insurance naming the Council as additional insured; (c) Be an independent contractor for the purposes of completing the work provided for in this Agreement. Page 14 X. ENTIRE AGREEMENT 1. It is understood and agreed that the entire Agreement between parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof. All items referred to in this Agreement including the Recitals are incorporated or attached and are deemed to be part of this Agreement. 2. Any alterations, variations, modifications, or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement signed by the parties hereto. XI. INCORPORATION OF APPLICABLE LAW Applicable provisions of Minnesota State law, federal law and of any applicable local ordinances sha11 be considered a part of this Agreement as though fully set forth herein. Specifically, the City agrees to comply with all federal, state and local laws and ordinances applicable to the City relating to nondiscrimination, affirmative action, public purchases, contracting employment, including worker's compensation and surety deposits required for construction contracts. XII. SEVERABILITY The provisions of this Agreement shall be deemed severable. If any part of this Agreement is rendered void, invalid or unenforceable, such rendering shall not affect the validity and enforceability of the remainder of this Agreement unless the part or parts which are void, invalid or otherwise unenforceable shall substantially impair the value of the entire Agreement with respect to the parties. One or more waivers by said party of any provision term, condition or covenant shall not be construed by the other parties as a waiver of a subsequent breach of the same by other parties. Page 15 XIII. SUCCESSORS AND A5SIGNS The covenants of this Agreement shall be binding upon and inure to the benefit of the parties hereto, their successors and assigns. XIV. GOVERNING LAW This Agreement is entered into in and under the laws of the State of Minnesota and shall be interpreted in accordance therewith. XV. NOTICES Any notice of demand, which may or must be given or made by a party hereto, under the terms of this Agreement or any statute or ordinance, shall be in writing and shall be sent certified mail or delivered in person to the other party addressed as follows: METROPOLITAN COUNCIL ENVIRONMENT SERVICES William Moore, General Manager 390 Robert St.N. St. Paul, MN 55101 CITY OF GOLDEN VALLEY Jeannine Clancy, Public Works Director 7800 Golden Valley Road Golden Valley, MN 55427 REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Page 16 IN TESTIMONY WHEREOF, the parties hereto have caused this Agreement to be executed by their respective duly authorized officers as of the day and year first above written. CITY OF GOLDEN VALLEY By By Its Mayor Its Citv Mana�er METROPOLITAN COUNCIL By Its Re�ional Administrator 17 Exhibit A Project Location � � � � ��,d �� I` � "'t �`,- ��r� �, `� .�� - � � , *M � ,. � .. -�. � �� '4 �'>, � � �� d � �'�� . .eK . .��r � + s� �I Y` �� fA �" �_��, � �, t �f �w 1 , � ',T , , ... � � • . -� �,e h n ,�' � � .�' �:+�`y � �b-T e' �.. . _ y� � • . . iF � �� i . .4. � � ��; �: �' � �� , u �'" . , �'4f e �� :..' �=�r �� !�t..�� , ,�� " !'►. .,,�*ar' f�� :1 1 . i� ��.►��+ `- F� x" � � ..�.�r� �a , . 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'��`�'.• Y.rF � . i� �.1� ! � �' K 1 1 R `� .,��j � #+ �, ` �w�� - 1.�r7'� �, i ~ �` a (y ! �` .�� A�.. �i' � �y 1 . � ��. v _ ., � '�• �' � :�� •��'� � �. �� .�_� ,} � '��i, _ .._ :�, �. �� . _ `S, ` ,� ;#' ,, ;i� �-, 9' ; , , � �� F K ` � ��" :►.�'�i \ �!: � � 1,j i - �' ' �� - M;: �� t � � �. .. w � �q; T�, �.�� FIGURE 1 Exhibit A � Council Forcemain ,/� City Project Location Circle Down Pro'ect �� i 11HRGSPNASI�ata1CAD1625840J1GIS1GddenVaUe FacPIon1EAWIF eslF ve 2 R�ed Lxatbn Ci 2009 12 18mzd Exhibit B Council Scope of Work �Metropolitan Council Technical Services Memorandum DATE: May 5, 2011 TO: City of Golden Valley FROM: Jeff Schwarz, MCES Project Manager SUBJECT: 1-GV-461 Relief Lift Station and Force Main Project 805700 Circle Down Forcemain Requirements As requested during our April 29, 2011 meeting, MCES has prepared the following minimum requirements for forcemain pipe installation to be incorporated into the Circle Down design by the City's consultant. A detail showing PVC pipe bedding and trench backfill is attached. Excavation • If classified material as defined by MnDOT 2105.2 is encountered in the Pipe Bedding Zone, CONTRACTOR shall over-excavate as directed by the Engineer. Fill and Backfill � If classified soils were not encountered in the Pipe Bedding Zone, Place Bedding Material in 9- inch lifts to the limits shown on the detail and compact each lift to a minimum 95 percent Modified Proctor Density as determined by ASTM D1557. Use hand held rammer or vibratory plate compactors in the Pipe Bedding Zone. • If classified soils were encountered in the Pipe Bedding Zone and over excavation was directed by the Engineer, conduct the following Trench Stabilization activities: 1. Line the bottom of the over-excavated trench with Geotextile Fabric. 2. Backfill with 1'/z" minus sorted, washed, crushed rock free of clay balls, debris, and organic materials meeting MnDOT 3149.2H gradation requirements to the upper limit of the Pipe Bedding Zone to provide proper pipe bedding and lateral trench support. 3. Compact crushed rock with excavator bucket. 4. Place Geotextile Fabric over crushed rock before placing Backfill Materials in the Trench Backfill Zone. 5. If groundwater is present, install trench dams. • Install tracer wire, #12 AWG type THWN, continuously along the centerline of the Forcemain a m�imum of two feet above the crown. • Install marking tape, green Allen Markline or equal, continuously over the centerline of the Forcemain a minimum of four feet above the crown. • Install and survey Passive Electronic Markers (PEMs), green 3M Scotchmark Electronic Ball Marker model 1403-XR or equal, 3 feet below grade at minimum 200-foot spacings along the pipe alignment and at crossings with other utilities, bends, and valves. Provide an electronic spreadsheet file containing unique numbered identifiers for each PEM and county system based survey coordinates. PVC FORCEMAIN PIPE • AWWA GC905, ASTM D1784. � Nominal Pipe Size: 18-inch. • Dimension Ratio: DR-18. • Mechanical Joint Restraint: EBAA Iron Series 2000 on every pipe bend. All bolts, tie rods and hardware shall be stainless steel. • Minimum 6 feet of cover over pipe crown. • Joint deflection: Less than 7S%of the maximum allowable. • Provide thrust restraint at locations where unbalanced forces exist. • Deflection test by pulling a mandrell through the pipe by hand. • Pressure test pipe by plugging ends and applying 100 psi pressure for two hours. Test fails if leakage is observed or if pressure drop exceeds 5 percent of test pressure. �Metropolitan Council ��: , � � re�c,.�..:,.,..., �r�c Dr,.:o„��,r.,r .. . .r a�.vvu rr uaci� TiLTJTFpJp�7LZ�'IRIICC�Tir �i�� ; �� n�� n oi;o�r;�x e�.,+;,... .,,,a �,.«„o a,r..;., D....;o.,� 4!1 C'7!1!1 V ♦ -fV1 1\ .� �-�1�4�-�,--�P��e6t�i,.g��E� t,.,� ..o�a�t�o �,.17,,..,;,,,� � e.,..., „ ;r�� i� �•;.,, ,.,o,.�.,.a ,.� �:..,.�o n;...,., a • �. ,+t,o n;,�,�� ,.,,��„t�' ,: .��...,�..� ....,c.va�-crrcn.�vvvn-ac�r6a-vT�ita� cz-cJ . � �—�-�-�1-�'e�e��e{$�nj-�z��;,,n;,.o�cr�n n�`� �., oa ,... n„��;ao n• � � ` T7�G'1 LIa..�.T D,�1�.,,1e�,� D;,.o .7 �;++;«..A .... .�.b z ve y va�rnarrPc-aiiarrccra��: �� il��-8�6a�-P�-B&�'t�n•i � e .,;s'4. !'3D�iv-vuv��i'zi iiiir`�g � � � � • �e'S- _ S� • Exhibit C Estimated Council Forcemain Costs 000090/480568/1448233_2 EXHIBIT C COUNCIL PROJECT ESTIMATED COSTS Cost Desi n Phase Contract Desi Engineering $40,000 City Contract Administration $10,000 er A reement 11I031) Total Desi n Phase $50,000 Land Ac uisition Phase City Obtained Waiver of Trespass $10,000 Total Land Ac uisition Phase $10,000 Construction Costs Construction Cost $1,400,000 Contingency $140,000 Total Construction Cost $1,540,000 Contract Construction Engineering $110,000 (7%of Construction Costs for Staking, Inspection, Shop Drawings, RFIs, Meetings, Record Drawin s City Contract Administration(2% $31,000 of Construction Cost Total Construction Phase $1,681,000 Total Estimated Pro'ect Cost $1,741,000 � N N O U c 0 'p y o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o in o o v�o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 � �� o000000000000000000000000noocy000000000000000000000000000 FO o0000000000irioo 0000000000rioo��i0000000vivi0000000000000000o H QU oe»f»�nf»oe»rnaiFSarsrwinen�e�af»f»v�oorAeioornu�sn00PfROf9fAfAfAf9NNOfAp raoe>f»esie»ravsov3u9v►f»ct� c O f") t0 fA N c0 N W O W c0 N M In �OD� f0 W O O G � p (rj fA� fA V CO t0 h�07 f� �fA fR f9 C� � N Q F- � di _ � W � � �� c m ' � � v° O V V Z � W N a t0 W pW� E 0 0 �n o w � �Q O a � � �� 0� 011�� nN N ��C � N p �N � N N C� N� O W� �. �V C Q F O O O O O p O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O �y y o 0 0 0 o tn o 0 0 0 0 0 0 0 0 0 0 0 o O o 0 0 0 o h o o�o 0 0 0 0 0 0 0 o O o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o V !-O O O O O 1n(V O O�1n O O O O O 1/j O O C O V O O fV O O N�O O O O O O O 1q ip C O O O p C O p O O O O a�O�O O � �V .O O O in O�V N 07 N N(O �t0 O p N c0 O M V V O O t0 p� 1�f0�1J O a0 O tD O P N fA tfl O�1n(O M o�p O O N O O O N O p O NNO� C7c0�fAfA�l�7tAtD01�f9f9N NN t0�V a Ol")(O W O? 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This letter serves as the supplemental Letter Agreement in accordance with the Agreement for Professional Services between the City of Golden Valley and SEH. Background The City of Golden Valley has completed the design and intends to reconstruct their 2012 Pavement Management Program(PMP). The proposed 2012 PMP improvements include three distinct project areas, likely completed in the following order,however with some overlapping of schedules: 1. Circle Down and Turners Crossroad 2. Welcome Avenue and King Hill Neighborhood Streets 3. Harold Avenue and Rhode Island Avenue Each project includes construction of storm sewer pipe,drainage structures, sanitary sewer repairs, and isolated water main improvements. All of the streets will be reconstructed including concrete curb and gutter. 'The work on Circle Down includes an 18 inch diameter force main which is a part of MCES' larger 1-GV-461 Lift Station and Force main project.Metropolitan Council is entering into an agreement with the City to have SEH provide construction services for construction of the force main in conjunction with the City's 2012 PMP. Harold Avenue is part of the City's Municipal State Aid System. The City will be providing overall construction administration of this project. SEH prepared the plans and will be providing construction staking services, a full time Resident Project Representative (RPR),construction observation services, and record plan services as described below and detailed in the task summary. Scope of Work Construction Staking SEH will provide a survey crew to provide the construction staking of the proposed improvements for the neighborhood streets included in the 2012 program. Staking tasks for this project will include placement of horizontal and vertical control, sanitary sewer stakes,water main stakes, centerline access road stakes, curb and gutter stakes,blue tops after curb is in place,utility staking for private Short Elliott Hendrickson Inc.�3535 Vadnais Center Drive�Saint Paul MN 55110-5196 SEH is an equal opportunity employer � www.sehinc.com � 651.490.2000 � 800.325.2055 � 651.490.2150 fax Ms. Jeannine Clancy—2012 PMP Construction Services January 5, 2012 Page 2 utility companies, and sidewalk stakes. In addition,time has been included to provide full time survey as-built observation"as needed"during the force main installation.All survey coordination for construction staking and observation will be between the survey crew chief and the City. Resident Project Representative(RPR) The on-site representative for Resident Project Representative(RPR)is the Engineer's agent at the site and will act as directed by and under supervision of the Engineer. The RPR shall serve as the liaison with the contractor, working principally through the contractor's superintendent. They will assist in helping the contractor understand the intent of the Contract Docuxnents. The field personnel will review the progress schedule, shop drawings, and required submittals, Schedule of Materials Control and consult with the Engineer concerning acceptability. The RPR will be responsible for maintaining job site files, for correspondence,meeting reports, field orders,and supplemental agreements. They will keep a daily diary or log book. Records pertaining to quantities and applications for payment will be the responsibility of the RPR. The RPR will also keep information pertaining to record plans and will schedule the survey crew based on the staking requests from the contractor's representative. Observation SEH will provide observation services including attendance of the pre-construction meeting and shop drawing review on drainage structures for all three project areas.A budget has been included for each project area for minor technical support if needed for geotechnical or traffic control issues that may arise.Time has also been included to assist with project closeout activities. On Harold Avenue,because of the potential for contamination adjacent to Lion's Park,we have included time for an environmental scientist to coordinate potential disposal with the land fill and time(3 days) for an environmental technician to be on-site to screen the soils as they are excavated. Work that may include additional analytical testing or time beyond this initial screening will be considered extra work and addressed separately if necessary. We have also included two field visits for the landscape architect to work with the tree planting contractor and residents for the planting proposed on Harold Avenue in front of the Vallee D'OR townhome complex. Record Plan Services SEH will perform a record survey of all project areas,which includes providing final top of structure and invert surveys on new sewer structures. Benchmarks will be reestablished in the construction areas in conjunction with the record survey. In addition, SEH will obtain record drawing information and complete the record drawing plans for the force main portion of the work according to the City's Standards. The City will complete the record drawings for the remauung streets. Project Team Daniel Erickson will manage coordination as required between city staff and the surveying and will provide administration of our contract with the City. He will also be available to answer design related questions and will attend the weekly project construction meetings as necessary. Greg Tvedt will be the lead Survey Crew Chief assigned. Mike Kotila will be available to provide traffic engineering support as necessary. Brent Theroux wi11 be available to provide geotechnical field support as may be required with the force main installation and subgrade correction work.A1 Ms. Jeannine Clancy—2012 PMP Construction Services January 5,2012 Page 3 Sunderman will coordinate the environmental soil screening wark and provide the coordination with the landfill. Schedule We anticipate the majority of construction services to take place within the months of May to November. The record plan survey will follow completion of the construction. Compensation SEH proposes to be compensated for the scope of work proposed in the Agreement on an hourly basis. Compensation will be based on the hourly cost of personnel plus reimbursable expenses, including reproductions,mileage, car allowance,and equipment.Additional services required beyond ` the tasks and estimated hours as described can be negotiated or provided as extra work on an hourly basis. We have estimated these costs to be: 1. Circle Down and Turners Crossroad $ 107,600 2. Welcome Avenue and King Hill Neighborhood Streets $ 65,400 3. Harold Avenue and Rhode Island Avenue 78 700 Tota12012 PMP Construction Services $ 251,700 The City of Golden Valley will be invoiced for actual labor and reimbursable expenses incurred by SEH to complete the work. The person/hour task budgets for each phase of the work are attached. This agreement is an understanding of the project to date. If this document satisfactorily sets forth your understanding of our agreement,please sign in the space below and return one copy to our office. We look forward to working with you,your staff, and the community on this project. Thank you for the opportunity to continue to work with the City of Golden Valley. Respectively submitted, SHORT ELLIOTT HENDRICKSON INC. �l�'��A�-L-" �v � Susan M.Mason,PE Daniel P.Erickson,PE Principal Project Manager amc Enclosures s:�ij�g\goldvV 10544\1-genl\]0-wntracts\j.clancy const service 2012 pmp.docx � Approved this day of , 2011 City of Golden Valley, Minnesota By: Title: F rn N N N�O N V m O � U t . � ' N • � a .N v,� i� .:. � 8 ' 'e • �c«,n� °a ',\°o v � ' � ,e '� Ci � a � a C � F L m�o o a o .�,o 0 �b O N .l� ib m y�j u � � a� g � ,o' 9 0 E � ,� � OI � �•� r � C � '� «r � � � �� "� F h � � � � c � � W i si o �! y e y 3^�,� c ° ° �e 3 .' � « �� y y » °a a � F � � �� ; � o o $ � « 3 � � � � x o g 2 a � � p � L � s ° _ ` U � � �o " "�"�"� 6a c�8 o�, u dp� � a c' s ° W�-'�� ''� o x Q �s �a c �3 � C� y V C � C' � °' � `' { °�,W � `�°^ o L,; p L �j� O{c �Y C ••e• �p� '�'�� 3 • O � � � r S }-o p C J � � L� �•Y �I � { �p C Q,� �j �j � F 9 y � � y �i ] � v �•FR V 'O.0 � �.�• � fj }"" �y p+ .� �' p g �j � ^'� r e�p �p� c . 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O � � e Public Works 763-593-8030/763-593-3988 (fax) Executive Summary For Action Golden Valley City Council Meeting February 21, 2012 Agenda Item 3. I. Master Agreements for 2012 PMP Sanitary Sewer Repair Program Prepared By Jeannine Clancy, Director of Public Works Jeff Oliver, PE, City Engineer Mitch Hoeft, E1T, Engineer Summary The City's Pavement Management Program (PMP) includes a voluntary program to allow residents in the project area to rehabilitate their sanitary sewer service, with the goal of becoming compliant with the Inflow and Infiltration Ordinance. This program allows property owners to obtain competitive bids from pre-approved contractors, and provides the property owners the opportunity to have the costs of sewer rehabilitation specially assessed against the property if they choose. The prequalification process for private sewer service repair contractors incfuded the ability to perform excavation and/or liner repairs, the contractor's history of performing service repairs in Golden Valley, the availability of equipment, and financial resources. Based upon the criteria, the following four private sanitary sewer service repair contractors have qualified for this program: • Gene's Water and Sewer • Highview Plumbing • Minneapolis Suburban Sewer and Water • Ouverson Sewer and Water Each of these contractors is required to enter into a Master Agreement with the City of Golden Valley to perform private repairs as part of the PMP program. The contractors will be responsible for contacting each of the residents in the PMP who are interested in having their repair costs specially assessed, and providing them with estimates for the repair. When property owners have selected a contractor for their repairs, a three-party agreement between the City, property owner, and private contractor is signed by all parties. Following completion of the repairs, the property owner may opt to have the costs specially assessed to the property. Attachments Master Agreements for Sanitary Sewer Service Repair between the City of Golden Valley and Gene's Water & Sewer, Highview Plumbing, Minneapolis Suburban Sewer &Water, and Ouverson Sewer & Water (16 pages) Sample Private Sanitary Sewer Service Work Order agreement between the homeowner, City, and contractor for 2012 sanitary sewer repair (3 pages) Recommended Action Motion to authorize entering into Master Agreements for the 2012 PMP Sanitary Sewer Repair Program with the following companies: 1. Gene's Water and Sewer 2. Highview Plumbing 3. Minneapolis Suburban Sewer and Water 4. Ouverson Sewer and Water CONTRACT NO. 12-1 A MASTER AGREEMENT BETWEEN THE CITY OF GOLDEN VALLEY AND GENES WATER &SEWER SANITARY SEWER SERVICE REPAIR THIS MASTER AGREEMENT (the "Agreement") is made this 3�`�"day of _ .��'� , 2012, by and between the City of Golden Valtey, a municipal corporation ("City"), and Gene's Water & Sewer ("Contractor"), under the laws of the State of Minnesota. WHEREAS, City operates a voluntary sanitary sewer inflow and infiltration ("I & I") program along with its Pavement Management Program each year; WHEREAS, in 2012 the Pavement Management Program will result in the reconstruction of several miles of City streets along with the sewer and other utilities within the street rights-of-way within the following roadways: Circle Down (Turners Crossroad to T.H. 100), Turners Crossroad (Circle Down to 1394), Harold Avenue (Winnetka Ave to Glenwood Ave), Rhode Island North (Harold Ave to T.H. 55), King Creek Road, King Hill Road, Phoenix Street, Welcome Avenue North, Welcome Circle. WHEREAS, a homeowner residing within the above-described boundaries and availing themselves of the voluntary I & I program may wish to repair their lateral sewer line or related items in connection with their sanitary sewer system; WHEREAS, this Agreement, Special Provisions and General Conditions attached hereto as Exhibit A and made a part of this Agreement, provide certain terms and conditions for: (i) special assessment of an owner's real property for repairs necessary to bring property in compfiance with the City's I & I ordinance; and (ii) payment by the City for the performance by certain pre-qualified private contractors in making necessary repairs, replacements or reconstructions of private sanitary sewer service lines generally from residences to the sanitary sewer main line in the street right-of-way. WHEREAS, a Private Sanitary Sewer Service Work Order ("Work Order"), a form of which is attached hereto as Exhibit B, shall be executed by Contractor, City and the property owner and shall incorporate via reference the terms and conditions of this Agreement including without limitation the Special Provisions. Once a residential property owner selects the contractor from the City's list of pre-qualified contractors to make such repairs to the owner's sanitary sewer service line, the owner and the Contractor shall agree on the Work Order and it will be attached to this Agreement and made a part hereof with respect to the Properry named in the Work Order to form the entire Agreement affecting the City, Contractor, and property owner and the Work (defined below) on the Property identified. WHEREAS, the Work covered by the Work Order shall be completed by the Contractor in a timely and professional manner and in accordance with all applicable laws and regulations. NOW, THEREFORE, it is agreed by and between City and Contractor that each 2012 I & I related project to be specially assessed which is undertaken by Contractor shall be subject to the following terms and conditions including without limitation the Special Provisions and the terms of any applicable Work Order between Contractor, City, and the owner of the subject properry: ARTICLE 1. The Contractor hereby covenants and agrees to furnish all materials, all necessary tools and equipment, and to do and perform all the work and labor necessary to complete the work in accordance with this Agreement, the Special Provisions, Standard Details attached hereto as Exhibit C, and any applicable Work Order. The Plans and Specifications, the proposal of tMe Contractor (the "Proposal") and the Contractor's bond, the Work Order and the Special Provisions, together with this Agreement, shall together constitute the entire Agreement between the parties as if set forth herein. ARTICLE 2. The Contractor agrees to commence said Work and conclude the same in accordance with the Proposal heretofore filed with the City and in accordance with the Work Order executed by the City, Contractor, and the subject property owner, including without limitation the Bid Price as set forth in the Work Order and in accordance with the time schedule for commencement and completion of the Work set forth in the Special Provisions, time being of the essence in this Agreement, and to complete said Work in every respect to the satisfaction and approval of the City and the property owner. ARTICLE 3. The Contractor further agrees to make, execute, and deliver to the City, corporate surety bonds, or letter of credit, approved by the City Attorney in the minimum sum of Twenty Five Thousand Dollars ($25,000) which are hereby incorporated into this Agreement for the use of said City and of all persons doing Work or furnishing skill, tools, machinery or materials under or for the purpose of this Agreement, to secure the faithful performance and payment under this Agreement by�aid Contractor and to be conditioned as required by law for work undertaken in 2012 in connection with the 2012 PMP. The Contractor also agrees that any time the value of the work performed under this contract exceeds the $25,000 contract limit, the City shall have the option to modify this contract and adjusted upwards in $25,000 increments and the Contractor shall provide new corporate surety bonds, or letter of credit, approved by the City Attorney, in the amount that the contract has been increased and neither this original Agreement nor the upwardly adjusted agreements shall become effective unless and unfil said bonds have been approved by the City Attorney. ARTICLE 4. In consideration of the covenants and agreements stated above, the City agrees to pay the Contractor as set forth in Section 12 of the Special Provisions. ARTICLE 5. It is understood and agreed by the Contractor that the City, through its authorized agents and the property owner shall be the sole and final judges of the fitness of the work and its acceptability, and no payment shall be made to the Contractor hereunder until the work shall have been found acceptable by the City through its authorized agents and the property owner. ARTICLE 6. It is understood and agreed by the Contractor that, with respsct to all work, the Contractor will keep as complete, exact, and accurate an account of the labor and materials used as is possible, and in submitting the final statement will itemize and allocate the costs of said work. ARTICLE 7. All payments to the Contractor shall be made payable to the order of the Contractor and the City does not assume and shall not have any responsibility for the allocation of payments or obligations of the Contractor to third parties. ARTICLE 8. The City reserves the right to cancel the award of any contract at any time before the execution of the Agreement by all parties including without limitation any subject property owner without any liability against the City. ARTICLE 9. The City may by written notice terminate this Agreement or any portion thereof when it is deemed in the best public, state or national interest to do so; or the City is unable to adequately fund payment for the Agreement because of changes in state fiscal policy, regulations or law; or after finding that for reasons beyond the Contractor's control the Contractor is prevented from proceeding with or completing the Work within a reasonable period of time. In the event that any Work is terminated under the provisions hereof, all completed items or units of work will be paid for at the Agreement Bid Prices. Payment for partially completed items or units of work will be made in accordance with the procedures attached at Exhibit D and as otherwise mutually agreed to by both parties. Termination of this Agreement or any portion thereof shall not relieve the Contractor of responsibility far the completed Work, nor shall it relieve the Contractor's Sureties of their obligations for and concerning any just claims arising out of the Work performed. IN WITNESS WHEREOF, this Agreement has been duty authorized, made and entered into as of the date first set forth above. THE CITY OF GOLDEN VALLEY BY Shepard M. Harris, Mayor BY Thomas D. Burt, City Manager CONTRACTOR: � � BY ITS �l-�.� BY ITS CONTRACT NO. 12-1 B MASTER AGREEMENT BETWEEN THE CITY OF GOLDEN VALLEY AND HIGHVIEW PLUMBING SANITARY SEWER SERVICE REPAIR THIS MASTER AGREEMENT (the "Agreement") is made this�day of cc.vtv�,�vt , 2012, by and between the City of Golden Valley, a municipal corporation ("City"), and Highview Plumbing ("Contractor"), under the laws of the State of Minnesota. WHEREAS, City operates a voluntary sanitary sewer inflow and infiltration ("I & I") program along with its Pavement Management Program each year; WHEREAS, in 2012 the Pavement Management Program will result in the reconstruction of several miles of City streets along with the sewer and other utilities within the street rights-of-way within the foliowing roadways: Circle Down (Turners Crossroad to T.H. 100), Turners Crossroad (Circle Down to 1394), Harold Avenue (Winnetka Ave to Gtenwood Ave), Rhode Island North (Harold Ave to T.H. 55), King Creek Road, King Hill Road, Phoenix Street, Welcome Avenue North, Welcome Circle. WHEREAS, a homeowner residing within the above-described boundaries and availing themselves of the voluntary I & I program may wish to repair their lateral sewer line or related items in connection with their sanitary sewer system; WHEREAS, this Agreement, Special Provisions and General Conditions attached hereto as Exhibit A and made a part of this Agreement, provide certain terms and conditions for: (i) special assessment of an owner's real property for repairs necessary to bring property in compliance with the City's I & I ordinance; and (ii) payment by the City for the performance by certain pre-qualified private contractors in making necessary repairs, replacements or reconstructions of private sanitary sewer service lines generally from residences to the sanitary sewer main line in the street right-of-way. WHEREAS, a Private Sanitary Sewer Service Work Order ("Work Order"), a form of which is attached hereto as Exhibit B, shall be executed by Contractor, City and the property owner and shall incorporate via reference the terms and conditions of this Agreement including without limitation the Special Provisions. Once a residential property owner selects the contractor from the City's list of pre-qualified contractors to make such repairs to the owner's sanitary sewer service line, the owner and the Contractor shafl agree on the Work Order and it will be attached to this Agreement and made a part hereof with respect to the Property named in the Work Order to form the entire Agreement affecting the City, Contractor, and property owner and the Work (defined below) on the Property identified. WHEREAS, the Work covered by the Work Order shall be cornpleted by the Contractor in a timely and professional manner and i� accordance with all applicable laws and regulations. NOW, THEREFORE, it is agreed by and between City and Contractor that each 2012 I & I related project to be specially assessed which is undertaken by Contractor shall be subject to the following terms and conditions including without limitation the Special Provisions and the terms of any applicable Work Order between Contractor, City, and the owner of the subject property: ARTICLE 1. The Contractor hereby covenants and agrees to furnish all materials, all necessary tools and equipment, and to do and perform all the work and labor necessary to complete the work in accordance with this Agreement, the Special Provisions, Standard Details attached hereto as Exhibit C, and any applicable Work Order. The Plans and Specifications, the proposal of the Contractor (the "Proposal") and the Contractor's bond, the Work Order and the Special Provisions, together with this Agreement, shall together constitute the entire Agreement between the parties as if set forth herein. ARTICLE 2. The Contractor agrees to commence said Wark and conclude the same in accordance with the Proposal heretofore filed with the City and in accordance with the Work Order executed by the City, Contractor, and the subject property owner, including without limitation the Bid Price as set forth in the Work Order and in accordance with the time schedule for commencement and completion of the Work set forth in the Special Provisions, time being of the essence in this Agreement, and to complete said Work in every respect to the satisfaction and approval of the City and the property owner. ARTICLE 3. The Contractor further agrees to make, execute, and deliver to the City, corporate surety bonds, or letter of credit, approved by the City Attorney in the minimum sum of Twenty Five Thousand Dollars ($25,000) which are hereby incorporated into this Agreement for the use of said City and of all persons doing Work or furnishing skilt, tools, machinery or materials under or for the purpose of this Agreement, to secure the faithful performance and payment under this Agreement by said Contractor and to be conditioned as required by law for work undertaken in 2012 in connection with the 2012 PMP. The Contractor also agrees that any time the value of the work performed under this contract exceeds the $25,004 contract limit, the City shall have the option to modify this contract and adjusted upwards in $25,000 increments and the Contractor shall provide new corporate surety bonds, or letter of credit, approved by the City Attorney, in the amount that the contract has been increased and neither this original Agreement nor the upwardly adjusted agreements shall become effective unless and until said bands have been approved by the City Attorney. ARTICLE 4. In consideration of the covenants and agreements stated above, the City agrees to pay the Contractor as set forth in Section 12 of the Special Provisions. ARTICLE 5. It is understood and agreed by the Contractor that the City, through its authorized agents and the property owner shall be the sole and final judges of the fitness of the work and its acceptability, and no payment shall be made to the Contractor hereunder until the work shall have been found acceptable by the City through its authorized agents and the property owner. ARTICLE 6. It is understood and agreed by the Contractor that, with respect to all work, the Contractor will keep as complete, exact, and accurate an account of the labor and materials used as is possible, and in submitting the final statement will itemize and allocate the costs of said work. ARTICLE 7. All payments to the Contractor shall be made payable to the order of the Contractor and the City does not assume and shall not have any responsibility for the allocation of payments or obligations of the Contractor to third parties. ARTICLE 8. The City reserves the right to cancel the award of any contract at any time before the execution of the Agreement by all parties including without limitation any subject property owner without any liability against the City. ARTICLE 9. The City may by written notice terminate this Agreement or any portion thereof when it is deemed in the best public, state or national interest to do so; or the City is unable to adequately fund payment for the Agreement because of changes in state fiscal policy, regulations or law; or after finding that for reasons beyond the Contractor's control the Contractor is prevented from proceeding with or completing the Work within a reasonable period of time. In the event that any Work is terminated under the provisions hereof, all completed items or units of work will be paid for at the Agreement Bid Prices. Payment for partially completed items or units of work will be made in accordance with the procedures attached at Exhibit D and as otherwise mutually agreed to by both parties. Termination of this Agreement or any portion thereof shall not relieve the Contractor of responsibility for the completed Work, nor shall it relieve the Contractor's Sureties of their obligations for and conceming any just claims arising out of the Work pertormed. IN WITNESS WHEREOF, this Agreement has been duly authorized, made and entered into as of the date first set forth above. THE ClTY OF GOLDEN VALLEY BY Shepard M. Harris, Mayor BY Thomas D. Burt, City Manager CONTRACTOR: .�� BY c�.;�� 3C�� ITS ��r��r �� T BY ITS CONTRACT NO. 12-1 C MASTER AGREEMENT BETWEEN THE CITY OF GOLDEN VALLEY AND MINNEAPOLIS & SUBURBAN SEWER & WATER, INC. SANITARY SEWER SERVICE REPAIR THIS MASTER AGREEMENT (the "Agreement") is made this��day of �u,��.�-� , 2012, by and between the City of Golden Valley, a municipal corporation (`City"), and Minneapolis & Suburban Sewer & Water, Inc. ("Contractor"), under the laws of the State of Minnesota. WHEREAS, City operates a voluntary sanitary sewer inflow and infiltration ("1 & I") program along with its Pavement Management Program each year; WHEREAS, in 2012 the Pavement Management Program will result in the reconstruc#ion of several miles of City streets along with the sewer and other utilities within the street rights-of-way within the following roadways: Circle Down (Turners Crossroad to T.H. 100), Turners Crossroad (Circle Down to 1394), Harold Avenue (Winnetka Ave to Glenwood Ave), Rhode Island North (Harold Ave to T.H. 55), King Creek Road, King Hill Road, Phoenix Street, Welcome Avenue North, Welcome Circle. WHEREAS, a homeowner residing within the above-described boundaries and availing themselves of the voluntary I & I program may wish to repair their lateral sewer line or related items in connection with their sanitary sewer system; WHEREAS, this Agreement, Special Provisions and General Conditions attached hereto as Exhibit A and made a part of this Agreement, provide certain terms and conditions for: (i) special assessment of an owner's real property for repairs necessary to bring property in compliance with the City's I & I ordinance; and (ii) payment by the City for the performance by certain pre-qualified private contractors in making necessary repairs, replacements or reconstructions of private sanitary sewer service lines generally from residences to the sanitary sewer main line in the street right-of-way. WHEREAS, a Private Sanitary Sewer Service Work Order ("Work Order"), a form of which is attached hereto as Exhibit B, shall be executed by Contractor, City and the property owner and shall incorporate via reference the terms and conditions of this Agreement including without limitation the Special Provisions. Once a residential property owner selects the contractor from the City's list of pre-qualified contractors to make such repairs to the owner's sanitary sewer service line, the owner and the Contractor shall agree on the Work Order and it will be attached to this Agreement and made a part hereof with respect to the Property named in the Work Order to form the entire Agreement affecting the Gity, Contractor, and property owner and the Work (defined below) on the Property identified. WHEREAS, the Work covered by the Work Order shall be completed by the Contractor in a timely and professional manner and in accordance with all applicable laws and regulations. NOW, THEREFORE, it is agreed by and between City and Contractor that each 2012 I & I related project to be specially assessed which is undertaken by Contractor shall be subject to the following terms and conditions including without limitation the Special Provisions and the terms of any applicable Work Order between Contractor, City, and the owner of the subject property: ARTICLE 1. The Contractor hereby covenants and agrees to furnish all materials, all necessary tools and equipment, and to do and perform all the work and labor necessary to complete the work in accordance with this Agreement, the Special Provisions, Standard Details attached hereto as Exhibit C, and any applicable Work Order. The Pians and Specifications, the proposal of the Contractor(the "Proposa!") and the Contractor's bond, the Work Order and the Special Provisions, together with this Agreement, shall together constitute the entire Agreement befinreen the parties as if set forth herein. ARTICLE 2. The Contractor agrees to commence said Work and conclude the same in accordance with the Proposal heretofore filed with the City and in accordance with the Work Order executed by the City, Contractor, and the subject property owner, including without limitation the Bid Price as set forth in the Work Order and in acxordance with the time schedule for commencement and completion of the Work set forth in the Special Provisions, time being of the essence in this Agreement, and to complete said Work in every respect to the satisfaction and approval of the City and the property owner. ARTICLE 3. The Contractor further agrees to make, execute, and deliver to the City, corporate surety bonds, or letter of credit, approved by the City Attomey in the minimum sum of Twenty Five Thousand Dollars ($25,000) which are hereby incorporated into this Agreement for the use of said City and of all persons doing Work or furnishing skill, tools, machinery or materials under or for the purpose of this Agreement, to secure the faithful pertormance and payment under this Agreement by said Contractor ar� to be conditioned as required by law for work undertaken in 2012 in connection with the 2012 PMP. The Contractor also agrees that any time the value of the work performed under this contract exceeds the $25,000 contract limit, the City shall have the option to modify this contract and adjusted upwards in $25,000 increments and the Contractor shall provide new corporate surety bonds, or letter of credit, approved by the City Attorney, in the amount that the contract has been increased and neither this original Agreement nor the upwardly adjusted agreements shafl become effective uniess and until said bonds have been approved by the City Attorney. ARTICLE 4. In consideration of the covenants and agreements stated above, the City agrees to pay the Contractor as set forth in Section 12 of the Special Provisions. ARTICLE 5. It is understood and agreed by the Contractor that the City, through its authorized agents and the property owner shall be the sole and final judges of the fitness of the work and its acceptability, and no payment shall be made to the Contractor hereunder until the work shall have been found acceptab(e by the City through its authorized agents and the property owner. ARTICLE 6. It is understood and agreed by the Contractor that, with respect to all work, the Contractor will keep as complete, exact, and accurate an account of the labor and materials used as is possible, and in submitting the final statement will itemize and allocate the costs of said work. ARTICLE 7. All payments to the Contractor shall be made payable to the order of the Contractor and the City does not assume and shall not have any responsibility for the allocation of payments or obligations of the Contractor to third parties. ARTICLE 8. The City reserves the right to cancel the award of any contract at any time before the execution of the Agreement by all parties including without limitation any subject property owner without any liability against the City. ARTICLE 9. The City may by written notice terminate this Agreement or any portion thereof when it is deemed in the best public, state or national interest to do so; or the City is unable to adequately fund payment for the Agreement because of changes in state fiscal policy, regulations or law; or after finding that for reasons beyond the Contractor's control the Contractor is prevented from proceeding with or completing the Work within a reasonable period of time. tn the event that any Work is terminated under the provisions hereof, all completed items or units of work will be paid for at the Agreement Bid Prices. Payment for partially completed items or units of work will be made in accordance with the procedures attached at Exhibit D and as otherwise mutually agreed to by both parties. Termination of this Agreement or any portion thereof shall not relieve the Contractor of responsibility for the completed Work, nor shall it relieve the Contractor's Sureties of their obligations for and concerning any just claims arising out of the Work performed. IN WITNESS WHEREOF, this Agreement has been duly authorized, made and entered into as of the date first set forth above. THE CITY OF GOLDEN VALLEY BY Shepard M. Harris, Mayor BY Thomas D. Burt, City Manager CONTRA OR: BY � ITS C� s =e�� BY ITS CONTRACT NO. 12-1 D MASTER AGREEMENT BETWEEN THE CITY OF GOLDEN VALLEY AND OUVERSON SEWER & WATER, INC. SANITARY SEWER SERVtCE REPAtR - ,� THIS MASTER AGREEMENT (the "Agreement") is made this Z� day of J�^u 4'y , 2012, by and between the City of Golden Valley, a municipal corporation ("City"), and Ouverson Sewer &Water, Inc. ("Contractor'�, under the laws of the State of Minnesota. WHEREAS, City operates a voluntary sanitary sewer inflow and infiltration ("1 & I") program along with its Pavement Management Program each year; WHEREAS, in 2012 the Pavement Management Program will result in the reconstruction of several miles of City streets along with the sewer and other utilities within the street rights-of-way within the following roadways: Circle Down (Turners Crossroad to T.H. 100), Turners Crossroad (Circle Down to 1394), Harold Avenue (Winnetka Ave to Glenwood Ave), Rhode Island North (Harold Ave to T.H. 55), King Creek Road, King Hill Road, Phoenix Street, Welcome Avenue North, Welc�me Circle. WHEREAS, a homeowner residing within the above-described boundaries and availing themselves of the voluntary I & I program may wish to repair their lateral sewer line or related items in connection with their sanitary sewer system; WHEREAS, this Agreement, Special Provisions and General Conditions attached hereto as Exhibit A and made a part of this Agreement, provide certain terms and conditions for: (i) special assessment of an owner's real properiy for repairs necessary to bring property in compliance with the City's I & I ordinance; and (ii) payment by the City for the performance by certain pre-qualified private contractors in making necessary repairs, replaeements or reconstructions of private sanitary sewer service lines generally from residences to the sanitary sewer main line in the street right-of-way. WHEREAS, a Private Sanitary Sewer Service Work Order ("Work Order"), a form of which is attached hereto as Exhibit B, shall be executed by Contractor, City and the property owner and shall incorporate via reference the terms and conditions of this Agreement induding without limitation the Special Provisions. Once a residential property owner seiects the contractor from the City's list of pre-qualified contractors to make such repairs to the ovmer's sanitary sewer service line, the owner and the Contractor shall agree on the Work Order and it will be attached to this Agreement and made a part hereof with respect to the Property named in the Work Order to form the entire Agreement affecting the City, Contractor, and property owner and the Work (defined below) on the Property identified. WHEREAS, the Work covered by the Work Order shall be completed by the Contractor in a timely and professional manner and in accordance with all appticable (aws and regulations. NOW, THEREFORE, it is agreed by and between City and Contractor that each 2012 I & I related project to be specially assessed which is undertaken by Contractor shall be subject to the following terms and conditions including without limitation the Special Provisions and the terms of any applicable Work Order between Contractor, City, and the owner of the subject property: ARTICLE 1. The Contractor hereby covenants and agrees to furnish all materials, all necessary tools and equipment, and to do and perform all the work and labor necessary to complete the work in accordance with this Agreement, the Special Provisions, Standard Details attached hereto as Exhibit C, and any applicable Work Order. The Plans and Specifications, the proposal of the Contractor (the "Proposal") and the Contractor's bond, the Work Order and the Special Provisions, together with this Agreement, shall together constitute the entire Agreement between the parties as if set forth herein. ARTICLE 2. The Contractor agrees to commence said Work and conclude the same in accordance with the Proposal heretofore filed with the City and in accordance with the Work Order executed by the City, Contractor, and the subject property owner, including without limitation the Bid Price as set forth in the Work Order and in accordance with the time schedule for commencement and completion of the Work set forth in the Special Provisions, time being of the essence in this Agreement, and to complete said Work in every respect to the satisfaction and approval of the Gity and the property owner. ARTICLE 3. The Contractor further agrees to make, execute, and deliver to the City, corporate surety bonds, or letter of credit, approved by the City Attorney in the minimum sum of Twenty Five Thousand Dollars ($25,000) which are hereby incorporated into this Agreemenf for the use of said City and of all persons doing Work or furnishing skill, tools, machinery or materials under or for the purpose of this Agreement, to secure the faithful performance and payment under this Agreement by said Contractor and to be conditioned as required by law for work undertaken in 2012 in connection with the 2012 PMP. The Contractor also agrees that any time the value of the work performed under this contract exceeds the $25,000 contract limit, the City shall have the option to modify this contract and adjusted upwards in $25,000 increments and the Contractor shall provide new corporate surety bonds, or letter of credit, approved by the City Attorney, in the amount that the contract has been increased and neither this original Agreement nor the upwardly adjusted agreements shall become effective unless and until said bonds have been approved by the City Attorney. ARTICLE 4. In consideration of the covenants and agreements stated above, the City agrees to pay the Contractor as set forth in Section 12 of the Special Provisions. ARTICLE 5. It is understood and agreed by the Contractor that the City, through its authorized agents and the property owner shall be the sole and final judges of the fitness of the work and its acceptability, and no payment shall be made to the Contractor hereunder until the work shall have been found acceptable by the City through its authorized agents and the property owner. ARTICLE 6. It is understood and agreed by the Contractor that, with respect to all work, the Contractor will keep as complete, exact, and accurate an account of the labor and materials used as is possible, and in submitting the final statement wiil itemize.and allocate the costs of said work. ARTICLE 7. All payments to the Contractor shall be made payable to the order of the Contractor and the City does not assume and shall not have any responsibility for the allocation of payments or obligations of the Contractor to third parties. ARTICLE 8. The City reserves the right to cancel the award of any contract at any time before the execution of the Agreement by alf parties including without limitation any subject property owner without any liability against the City. ARTICLE 9. The City may by written notice terminate this Agreement or any portion thereof when it is deemed in the best public, state or national interest to do so; or the City is unable to adequately fund payment for the Agreement because of changes in state fiscal policy, regulations or law; or after finding that for reasons beyond the Contractor's control the Contractor is prevented from proceeding with or completing the Work within a reasonable period of time. In the event that any Work is terminated under the provisions hereof, afl completed items or units of work will be paid for at the Agreement Bid Prices. Payment for partially completed items or units of work will be made in accordance with the procedures attached at Exhibit D and as otherwise mutually agreed to by both parties. Termination of this Agreement or any portion thereof shall not relieve the Contractor of responsibility for the completed Work, nor shall it relieve the Contractor's Sureties of their obligations for and concerning any just claims arising out of the Work performed. !N WETNESS tNHEREOF, this Agreement ha� b��n duiy authorized, made and entered in#� as �� the date first set f�rth above. THE Ci�Y �F GOLDEi� 1lAL�EY �Y Shepard M. Harris, Mayor BY Thamas D. �urt, Ci�y Manager COt�TftACT�Fi: t _ . ��.f- �Y CTS �"/'�'cic�-,. � BY ITS PRIVATE SANITARY SEWER SERVICE WORK ORDER Property Owner: Property Address: I "Propertv Owner" hereby acknowledge the information I have provided is complete and accurate and that I am the fee owner of the property. I also acknowledge that I desire that the work contained in this document be perFormed on the Property identified above (the "Property"), and on the sanitary sewer service line providing service to the Property, by Contractor identified on the attached Pavement Management Program - Private Sanitary Sewer Service Work Order ("Work Order"). I grant permission for the Contractor to perform this work on the Property. I acknowledge that I have read and understand the following restrictions, limitations and requirements of the sanitary sewer service replacement program. 1. Contractor will remove any obstacles, including but not limited to sidewalks, trees, landscaping, gardens, private lighting, irrigation systems, electric dog fences and retaining walls, as necessary to perForm the work described in this document and that certain Master Agreement befinreen the City and Contractor including without limitation the documents attached thereto and made a part thereof. I also understand that the Contractor will restore any excavated areas with sod or seed and that reinstallation of all other items will not be performed by Contractor, and that I will be responsible for any restoration of any of said items. 2. I understand that the sod or seed installed on my private property will be my responsibility to maintain, including watering; and Contractor will not provide any warranty for sod or seed. 3. I understand that the sanitary sewer service repairs included in this work are intended to address the inflow and infiltration of clear water into the sanitary sewer system only. I also understand that I may choose to make repairs to address other issues such as settlements or sags in the sanitary sewer service line which services my home that if not addressed, may result in blockage of the service line, and potentially result in backup of sewage into my home. I will not hold the City of Golden Valley or its agents or contractors liable for any sewage backup resulting from any of my decisions related to repairs to address non inflow and infiltration defects. I further acknowledge this Work Order is subject to a Master Agreement between Contractor and the City of Golden Valley including without limitation certain Special Provisions as described therein. I understand that I will be responsible for 100 percent of the cost of the authorized work, plus an administrative fee. Both are payable in full to the City of Golden Valley following completion of the work or through a special assessment certified to my property taxes at the interest rate established by the City Council over a period of up to ten years. I also hereby waive my rights to a hearing and appeal of the special assessment for all work related to sanitary sewer service repairs as outlined herein according to Minnesota Statutes, Chapter 429. By signing this document I attest that I have read and understand the above information and related information. As the undersigned property owner, I release the City of Golden Valley, its employees, agents and contractors, from any claim or causes of action in connection with the work authorized herein. Property Owner's Signature: Date: Accepted by: Date: Contractor Accepted by: Date: City � . � � •� PROPERTY OWNER ADDRESS ADDRESS OF SERVICE DAY PHONE NIGHT PHONE CONTRACTOR ADDRESS PHONE Total Cost of Work Constructed: Administration Fee: 7% of Total Cost up to $250: � �� ,y � w��h��i� � �� ; � , § � � �� x�� 3; �#�� n � �r z �� _ ,.; . � ` � . ,��-r ,� �'�r r.k,. s,� � � `��;r�> � � �+ `f;/y � ��'�¢ �� , Al+ii��1��✓�� . � �., � .T ��,.�� :� �' i '�� ,�� ' � _ � � f , � c . �� 1��1'1'i� ��" ..,. - - � �r � � � �.r, �� ` _.��, . .�,r �� . ,� , � � ��` ��'� _ _ , �� ;;.�a �-_ � �: _:. � �.: ..:. : : r: .-.:.;� i � ... �� (� Finance �.. v 763-593-8013/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting February 21, 2012 Agenda Item 3. J. Receipt of January 2012 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) Storm Utility Fund (Enterprise Fund) The revenues and expenditures show current month actual and year-to-date actual compared to the 2012 approved budget. As of January 2012, the City General Fund operations is using $1,052,875 of fund balance to balance the General Fund budget. Attachments January 2012 General Fund Financial Report - unaudited (2 pages) January 2012 Conservation/Recycling Fund Financial Report (Enterprise Fund) - unaudited (1 page) January 2012 Water and Sewer Utility Fund Financial Report (Enterprise Fund) - unaudited (1 page) January 2012 Brookview Golf Course Financial Report (Enterprise Fund) - unaudited (1 page) January 2012 Storm Utility Fund Financial Report (Enterprise Fund) - unaudited (1 page) Recommended Action Motion to receive and file the January 2012 Financial Reports. City of Golden Valley Monthly Budget Report-General Fund Revenues January, 2012 (unaudited) Percentage Of Year Completed 8.30% Over % 2012 January YTD (Under) of Budget Type Budqet Actual Actual Budget Received Ad Valorem Taxes $11,702,050 0 0 ($11,702,050) 0.00°/a (1) Licenses 173,800 3,325 3,325 ($170,475) 1.91% Permits 628,070 62,216 62,216 ($565,854) 9.91% Federal Grants 0 0 0 $0 State Aid 10,500 0 0 ($10,500) 0.00% (4) Hennepin County Aid 0 0 0 $0 Charges For Services General Government 43,550 645 645 ($42,905) 1.48% Public Safety 181,745 7,494 7,494 ($174,251) 4.12% Public Works 125,000 989 989 ($124,011) 0.79% Park& Rec 395,350 23,336 23,336 ($372,014) 5.90% Other Funds 1,001,500 0 0 ($1,001,500) 0.00% Fines & Forfeitures 260,000 0 0 ($260,000) 0.00% (2) Interest On Investments 110,000 0 0 ($110,000) 0.00% (3) Miscellaneous Revenue 182,700 2,381 2,381 ($180,319) 1.30% Transfers In 86,810 0 0 ($86,810) 0.00% TOTAL Revenue $14,901,075 $100,386 $100,386 ($14,800,689) 0.67% Notes: (1) The first half taxes will be received in July. (2) Fines and Forfeitures first receipt will be in February. (3) Investments will be booked at year end. (4) State Training will be received in August. January, 2012 (unaudited) Over % 2012 January YTD (Under) Of Budget Division Budget Actual Actual Budget Expend. Council $287,755 24,423 24,423 ($263,332) 8.49% City Manager 697,925 47,508 47,508 (650,417) 6.81% Admin. Services 1,572,160 80,203 80,203 (1,491,957) 5.10% Legal 120,000 0 0 (120,000) 0.00% (2) General Gov't. Bldgs. 570,855 5,662 5,662 (565,193) 0.99% Planning 317,035 23,469 23,469 (293,566) 7.40% Police 4,701,500 372,730 372,730 (4,328,770) 7.93% Fire and Inspections 1,554,480 113,683 113,683 (1,440,797) 7.31% Public Works Admin. 315,365 22,662 22,662 (292,703) 7.19% Engineering 663,425 14,870 14,870 (648,555) 2.24% Streets 1,386,530 99,646 99,646 (1,286,884) 7.19% Community Center 75,355 3,814 3,814 (71,541) 5.06% Park& Rec. Admin. 646,275 43,580 43,580 (602,695) 6.74% Park Maintenance 996,780 76,065 76,065 (920,715) 7.63% Recreation Programs 410,925 22,099 22,099 (388,826) 5.38% Risk Management 290,000 2,075 2,075 (287,925) 0.72% Transfers Out 294,710 0 0 (294,710) 0.00°/a (1) TOTAL Expenditures $14,901,075 $952,489 $952,489 ($13,948,586) 6.39% (1) Transfers are made in June. (2) January legal fees would be paid in February. City of Golden Valley Monthly Budget Report-Conservation/Recycling Enterprise Fund January, 2012 (unaudited) Over 2012 January YTD (Under) % Budget Actual Actual Budget Current Revenue Hennepin County Recycling Grant 51,425 0 0 (51,425) 0.00% Recyc(ing Charges 276,000 0 0 (276,000) 0.00% Interest on Investments 5,000 0 0 (5,000) 0.00% (1) Total Revenue 332,425 0 0 (332,425) 0.00% Expenses: Recycling 453,605 0 0 (453,605) 0.00% (2) Total Expenses 453,605 0 0 (453,605) 0.00% (1) Interest Earnings are allocated at year-end. (2j This includes no ourbside services billing as of YTD. City of Golden Valley Monthly Budget Report-Water and Sewer Utility Enterprise Fund January,2012(unaudited) Over 2012 January YTD (Under) % Budget Actual Actual Budget Current Revenue Water Charges 4,022,955 88,965 88,965 (3,933,990) 2.21% Sewer Charges 3,236,245 85,428 85,428 (3,150,817) 2.64% Meter Sales 5,000 0 0 (5,000) 0.00% MCES Grant Program 0 0 0 0 Penalties 120,000 2,868 2,868 (117,132) 2.39% Charges fqr Other Services 220,000 2,035 2,035 (217,965) 0.93% State Water Testing Fee Pass Through 43,000 179 179 (42,821) 0.42% Certificate of Compliance 60,000 3,750 3,750 (56,250) 6.25% Interest Earnings 65,000 0 0 (65,000) 0.00% Total Revenue 7,772,200 183,225 183,225 (7,588,975) 2.36% Expenses: Utility Administration 1,913,620 (265,297) (265,297) (2,178,917) -13.86% (1) Sewer Maintenance 2,441,390 355,331 355,331 (2,086,059) 14.55% Water Maintenance 4,098,800 36,826 36,826 (4,061,974) 0.90% Total Expenses 8,453,810 126,860 126,860 (8,326,950) 1.50% (1)Contract work that was worked in 2011 has not been paid in 2012. (Audit payable) City of Golden Valley Monthly Budget Report-Brookview Golf Course Enterprise Fund(3) January, 2012(unaudited) Over 2012 January YTD (Under) % Budget Actual Actual Budget Current Revenue Fees and Lessons 879,100 0 (879,100) 0.00% Driving Range Fees 107,700 0 Par 3 Fees 195,150 0 Pro Shop Sales 82,000 254 (81,746) 0.31% Pro Shop Rentals 235,200 0 (235,20Q) 0.00% Concession Sales 218,200 50 (218,150) 0.02% Other Revenue 69,000 1 (68,999) 0.00% Interest Earnings 15,000 0 (15,000) 0.00% (1) Less:Credit Card Charges/Sales Tax (38,000) 0 38,000 0.00% Total Revenue 1,763,350 0 305 (1,763,045) 0.02% Expenses: Golf Operations 649,565 18,252 18,252 (631,313) 2.$1% (2) Course Maintenance 721,620 25,876 25,876 (695,744) 3.59% Pro Shop 111,600 8,344 8,344 (103,256) 7.48% Grill 176,190 1,324 1,324 (174,866) 0.75% Driving Range 44,320 0 0 (44,320) 0.00% Par 3 Course 29,730 (30) (30) (29,760) -0.10% Total Expenses 1,733,025 53,766 53,766 (1,679,259j 3.10% (1) Interest Earnings are allocated at year-end. (2) Depreciation is allocated at year-end. (3) Course has not opened yet. City of Golden Valley Monthly Budget Report-Storm Utility Enterprise Fund January,2012(unaudited) Over 2012 January YTD (Under) % Budget Actual Actual Budget Curirent Revenue Interest Earnings 40,000 0 0 (40,000) 0.00% (1) Storm Sewer Charges 2,228,920 129,905 129,905 (2,099,015) 5.83% Bassett Creek Watershed 1,080,200 0 0 (1,080,200) 0.00% State Grant-Other 2,920 2,920 2,920 Total Revenue 3,349,120 132,825 132,825 (3,216,295) 3.97% Expenses: Storm Utility 2,777,630 69,782 69,782 (2,707,848) 2.51% (2) Street Cleaning 121,780 1,117 1,117 (120,663) 0.92% Environmental Control 240,050 11,050 11,050 (229,000) 4.60% Debt Service Payments 435,125 0 0 (435,125) 0.00% Total Expenses 3,574,585 81,949 81,949 (3,492,636) 7..29% (1) Interest Earnings are allocated at year-end. (2) Depreciation is allocated at year-end and 2011 PMP is not complete. � -, � :.;. � � �-., O << t �� e Public Works ..� 763-593-8030/763-593-3988 (fax) Executive Summary For Action Golden Valley City Council Meeting February 21, 2012 Agenda Item 3. K. Second Consideration - Ordinance No. 478 -Amendment to Section 6.35, Expanding Commercial and Institutional Recycling Program Prepared By Jeannine Clancy, Director of Public Works Mark Ray, PE, Engineer Summary On January 1, 2012, the City started a new curbside recycling program contract with Allied Waste. Under the old contract, churches were provided with free recycling service, with the City paying the cost to process the materials. Staff was not aware of any churches participating in this free service and as a result this provision was not included in the nevv recycling contract. The proposed revisions to the City Code are to clarify that multiple family, commercial, and other institutions may participate in the City's curbside recycling program and be charged for this service. The proposed revisions to the City Code specify that multiple family residences, commercial and institutions may contract with either the City or a licensed private hauler for recycling services. By specifying that these types of properties may contract with either the City or a private hauler, there is no ambiguity about the ability of such property owners to avail themselves of either the City service or the services of a private hauler. In addition, multifamily recycling is no longer required to be a weekly service. The recycling industry as a whole is moving #oward every other week service (using larger carts inste�d of bins). Revising this item in the code will make it consistent with current industry practic�s. The City Council approved the ordinance on its first consideration on February 6, 2012. If the Council adopts the ordinance on its second consideration, it will be effective upon publication. Attachments Ordinance No. 478, Amending Section 6.35, Expanding Commercial and Institutional Recycling Program (1 page) Recommended Action Motion to adopt on Second Consideration, Ordinance No. 478, Amending Section 6.35, Expanding Commercial and Institutional Recycling Program. ORDINANCE NO. 478, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Amending Section 6.35, Expanding Commercial and Institutional Recycling Program The City Council for the City of Golden Valley hereby ordains as follows: Section 1. City Code Section 6.35, Subdivision 11(A) is hereby deleted in its entirety and replaced with the following language: A. Curb�side Recycling. The City shall contract for curbside recycling to all single and multiple family residences of four (4) units or less. Cost of said program will be billed on a quarterly basis to all such property owners, based on the cost of providing the service less any subsidy provided by Hennepin County. Section 2. City Code Section 6.35, Subdivision 11(B) is hereby deleted in its entirety and replaced with the following language: B. Commercial and Institutional Recycling. Commercial and institutional entities within the City shall contract, through a licensed private hauler or the City, for recycling for a minimum of every other week collection, the cost of which shall be paid by said commercial or institutional entity. Section 3. City Code Section 6.35, Subdivision 11(C) is hereby deleted in its entirely and replaced with the following language: C. Multifamily Recycling. Owners of multifamily dwellings containing more than four (4) dwelling units shall provide a recycling collection service, through a licensed private hauler or the City, for their residents with a designated on-site collection area. Owners shall contract for a minimum of every other week collection of the recyclables from the on-site collection area, the cost of which shall be paid by the multifamily dwelling owner. Such collection shall include, at a minimum, all materials collected in the City's curbside recycling program maintained in accordance with this Section and shall meet applicable Hennepin County requirements. Section 4. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 6.99 entitled "Violation a Misdemeanor or Petty Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 5. This Ordinance shall take effect and be in force from and after its passage and publication. Adopted by the City Council this 21st day of February, 2012 /s/Shepard M. Harris Shepard M. Harris, Mayor ATTEST: /s/Susan M. Virnia Susan M. Virnig, City Clerk � �� : .x.; , � , p � � � P Finance 0 � �' �/ 763-593-8013/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting February 21, 2012 Agenda Item 3. L. Second Consideration - Ordinance #479 -Amendment to the 2012 Master Fee Schedule - Commercial and Institutional Recycling Prepared By Sue Virnig, Finance Director Summary Commercial and Institutional entities within the City will be able to work with the Public Works Department to evaluate their recycling program. Some entities may want to contract with the City's hauler. If feasible, and agreeable, the account will be billed with the City's utility bill. The fee will be $3.33 per cart/per month if approved by staff and Allied Waste. Multiple Unit Dwellings are covered under the residential recycling fee. The City Council approved the ordinance on its first consideration on February 6, 2012. If the Council adopts the ordinance on its second consideration, it will be effective upon publication. Attachments Ordinance #479, Amendment to the 2012 Master Fee Schedule - Commercial and Institutional Recycling (1 page) Recommended Action Motion to adopt on Second Consideration, Ordinance #479, Amendment to the 2012 Master Fee Schedule - Commercial and Institutional Recycling. ORDINANCE NO. 479, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Amendment to the Master Fee Schedule for Commercial and Institutional Recycling The City Council for the City of Golden Valley hereby ordains: Section 1. The Master Fee Schedule in Chapter 25 of the City Code is hereby amended by adding the following: Commercial/Institutional Recycling per cart 1-Feb $3.33/month Section 2. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" is hereby adopted in its entirety, by reference, as though repeated verbatim herein. Section 3. This ordinance shall take effect from and after its passage and publication as required by law. Adopted by the City Council this 21 st day of February, 2012. /s/Shepard M. Harris Shepard M. Harris, Mayor ATTEST: /s/Susan M. Virniq Susan M. Virnig, City Clerk � - . ��.. � � � �� Planning O �'��F e 763-593-8095 I 763-593-8109 (fax) �� Executive Summary For Action Golden Valley City Council Meeting February 21, 2012 Agenda Item 3. M. Authorization to Sign Purchase Agreement for 1850 Toledo Avenue North Prepared By Joe Hogeboom, City Planner Summary Todd Richardson, representative of the Estate of Lawrence M. Richardson, has agreed to sell the property at 1850 Toledo Avenue (Lot 17, Block 2, Scheid's Terrace) to the City. The home on the property is completely surrounded by Scheid Park. The Comprehensive Plan sets the acquisition of the property for the completion of Scheid Park as one of its long term goals. The seller has agreed to sell the property for $200,000. The property was appraised by Hennepin County in 2010 for $254,000. However, an independent appraisal conducted on behalf of the City appraised the property between $160,000 and $170,000. The seller will conduct an estate sale later in the spring. Then, the City will demolish the home and in- ground pooL Attachments Location Map (1 page) Resolution Approving the Purchase of the Real Property Located at 1850 Toledo Avenue North and Authorizing the Mayor and City Manager to Execute a Purchase Agreement. Recommended Action Motion to adopt Resolution Approving the Purchase of the Real Property Located at 1850 Toledo Avenue North and Authorizing the Mayor and City Manager to Execute a Purchase Agreement (1 page) Location - 1850 Toledo Avenue North , _�_ ,� �� 1871 . , � 1931 �i 1851 �i �'�/ � z l� 1831 ` 1841 � �� i �\ � � .''.` '' :-' ,� i \, `� 1i - "p P�e N ` .,, � 1827 •,,�1 _�to`ed !"l� \�,,,� $' � � -- �' ` � i � --_- " � 1850 1 ' , � � �' i � � � � ,.. ,.v_ _ � �� Scheid Park i �f 1856 , - _ r"� / 1735 �' -__� / �,�� :.\ - �--.` ' r 5061 � - / , ,... � �--�._�l �... � 5308 1 5300 r ` 5101 � 5218 ,� �. � ��' . � � ��a st�� `�''..., 1; , � ,; �a _ -St Crobc Aw N — — — — -`_ _. .� � � -.--T- _ \c . 5020 `� 5010 Resolution 12-11 February 21, 2012 Member introduced the following resolution and moved its adoption: RESOLUTION APPROVING THE PURCHASE OF THE REAL PROPERTY LOCATED AT 1850 TOLEDO AVENUE NORTH AND AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE A PURCHASE AGREEMENT WHEREAS, the property located at 1850 Toledo Avenue (Lot 17, Block 2, Scheid's Terrace) is surrounded by Scheid Park; and WHEREAS, the Comprehensive Plan states the acquisition of this property is a goal of completing the master plan for Scheid Park; and WHEREAS, the real property consisting of Lot 17, Block 2, Scheid's Terrace has been offered to the City of Golden Valley for sale for $200,000. NOW, THEREFORE, BE IT RESOLVED that the City Council approves the purchase of the real property located at 1850 Toledo Avenue North, Lots 17, Block 2, Scheid's Terrace (P.I.D. #18-029-24-32-0046), for $200,000 and authorizes the Mayor and City Manager and to execute a Purchase Agreement therefore. Shepard M. Harris, Mayor ATTEST: Susan M. Virnig, City Clerk The motion for the adoption of the foregoing resolution was seconded by Member and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted, signed by the Mayor and his signature attested by the City Clerk. . �� :� � � � �' Planning 0 �� , e 763-593-8095/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting February 21, 2012 Agenda Item 3. N. Letter of Support for Shelter Corporation's Application for HOME Funding Prepared By Joe Hogeboom, City Planner Summary The City has been asked to support the Shelter Corporation's application for funding through the Hennepin County Home Investment Partnership Program (HOME) program. In its request, the Shelter Corporation seeks funding to make improvements and renovations to the Golden Valley Townhomes, located at 2100 Douglas Drive. Attachments Letter from the Shelter Corporation dated February 13, 2012 (1 page) Letter of support from Mayor Harris dated February 21, 2012 (1 page) Recommended Action Motion to authorize the Mayor to sign the letter of support on behalf of the Shelter Corporation's application for rehabilitation of the Golden Valley Townhomes, located at 2100 Douglas Drive. � J��J[.:r .�.r�� . � �� [��"� February 13, 2012 Shep Harris, Mayor City of Golden Valley 78Q0 Golden Valley Road Golden Valley, MN 55427 sharris@goldenvalleymn.gov Dear Mayor Harris: We are pleased to inform you that we are applying for Hennepin County HOME funding to rehabilitate the Golden Valley Townhouses. Located at 2100 Douglas Drive in Golden Valley, Golden Valley Townhouses includes eight 3-bedroom family townhomes. All of the townhomes are affordable to households earning less than 50% of the area median income, with rental assistance available for 100% of the residents. The project was built in 1982, rehabilitated in 2000 and is now in need of renovations and code updates, both interior and exterior. Shelter Corporation plans to use Green Certified products which will result in lower costs for energy, water, maintenance and repairs over the lifetime of the structures and increase the return on the investment made by the funders. The impact of the Golden Valley Townhouses' clean and green housing will be a significant benefit to the families that it serves and to the community. Golden Valley Townhouses have been providing quality rental housing to low income families in Golden Valley for over 30 years and we look forward to being an important part of this community for another 30+ years. Sincerely, John Q. Hunsicker Housing Developer 1600 Hopkins Crossroad, Minnetonka, MN 55305 • (952) 358-5100 • jhunsickerQsheltercorp.com � �it�'��mf � � ��.�� . �.. " 7�00��d��r'�y�� cst��t��I��y,d�T�s.�A27 February 21, 2012 Mr. Phil Eckhert, Director Hennepin County Department of Housing, Community Works and Transit 701 Fourth Avenue South, Suite 400 Minneapolis, Minnesota 55415 Re: HOME Funding for Improvements to the Golden Valley Townhomes Dear Director Eckhert: The City of Golden Valley has recently been made aware of the Shelter Corporation's application for Hennepin County Home Investment Partnership Program (HOME) funding. The funds would be used to make improvements to the Golden Valley Townhomes, located at 2100 Douglas Drive. The Golden Valley Townhomes, originally constructed in 1982, provide workforce rental housing opportunities for the community. The City believes that renovations to the Golden Valley Townhomes meet the criteria set forth by HOME. Maintenance and repair to the property is critical, so that it can continue to serve families in the community. As a component of the proposed renovation project, the Shelter Corporation plans to incorporate Green Certified products whenever possible. This helps meet the sustainability goals of the City. High-quality, sustainable affordable housing opportunities are a priority to the City. Golden Valley is committed to enhancing its existing affordable housing through projects such as this. Please consider the Shelter Corporation's request for HOME funding for renovations to the Golden Valley Townhomes. Sincerely, Shepard M. Harris Mayor 7�3�5�3�$�� _��763-593-�109 -�,z,763-593-396� �uv�.�t�1d�r�w�l�ey��,�� at ��.�, �� & �� . . � � City Administration/Council � � ° µ � �, e/ 763-593-8014/763-593-8109 (fax) Executive Summary for Action Golden Valley City Council Meeting February 21, 2012 Agenda Item 3. O. Authorization to Sign Agreement with the Metropolitan Consortium of Community Developers for Open To Business Prepared By Jeanne Andre, Assistant City Clerk Summary The City Council adopted a resolution authorizing the submission of a request for matching funds through the 2011 Hennepin County Economic Development Initiative, to participate with the City of New Hope in the Open To Business program. Hennepin County subsequently approved this request, with a starting date of March 1, 2012. The next step in the process is to approve an agreement with the Metropolitan Consortium of Community Developers (MCCD) for services from March 1, 2012, through February 28, 2013. The project has been structured so that the $10,000 annual service fee for Golden Valley and New Hope will be provided for by a contract with each of the cities that calls for each city to pay a fee of$2,500, with a second $5,000 payment to be made by Hennepin County on behalf of the cities. The City of New Hope has already approved this agreement. Hennepin County has executed an agreement with MCCD to make the second $5,000 payment on behalf of Golden Valley and New Hope. Attachment Contract for Services Between the Cities of Golden Valley and New Hope & Metropolitan Consortium of Community Developers for the Open To Business Program, dated March 1, 2012 (7 pages) Recommended Action Motion to authorize the City Manager to sign the Contract for Services Between the Cities of Golden Valley and New Hope & Metropolitan Consortium of Community Developers for the Open To Business Program. Contract for Services Between the Cities of Golden Valley and New Hope & Metropolitan Consortium of Community Developers for the Open to Business Program THIS AGREEMENT, is made and entered into as of the 1 St day of March, 2012, (the "Effective Date") between the Cities of Golden Valley and New Hope, (herein collectively referred to as "GVNH") and Metropolitan Consortium of Community Developers, (herein referred to as "MCCD"). WHEREAS, the City of Golden Valley and the City of New Hope wish to retain an entity with the capacity to provide small business technical assistance to existing businesses and those parties interested in opening a business in Golden Valley and New Hope; and have elected to jointly promote and market such a program to be called the Golden Valley and New Hope Open to Business Program (referred to herein as the "Initiative"); WHEREAS, MCCD has represented itself as competent to provide the services required to administer and carry out the Initiative; and WHEREAS, GVNH wishes to engage MCCD to provide said services necessary to carry out the Initiative. NOW THEREFORE, it is agreed between the parties hereto that: 1. TIME OF PERFORMANCE The service to be provided by MCCD shall commence upon execution of this Agreement and shall tertninate as of February 28, 2013 unless earlier terminated. All services, documents, and information to be furnished or performed by MCCD in order to carry out the Initiative shall be furnished or performed as promptly as possible, and with the fullest due diligence. 2. COMPENSATION Total compensation to MCCD shall be $10,000 for a one year period (the "Contract Amount") to manage the Initiative. The Contract Amount will be paid in two equal installments: the first installment will be $5,000, which shall be comprised of a$2,500 payment due and payable by the City of Golden Valley and a$2,500 payment due and payable by the City of New Hope upon execution of this Agreement, and on or about 6 months from the Effective Date, MCCD shall invoice each city which is a party to this Agreement for the second installment, each such invoice shall be in the amount of $2,500.00 and shall be payable by the Hennepin County Housing Redevelopment Authority. 1 3. SCOPE OF SERVICES MCCD will provide technical assistance to existing Golden Valley and New Hope businesses, residents and parties interested in starting a business in Golden Valley and New Hope; (See Exhibit A Scope of Services-Golden Valley and New Hope Open to Business Program). 4. REPORTING MCCD agrees to submit quarterly reports related to its operation of the Initiative. Items to be reported on include,but are not limited to, the following: , ➢ Number of inquiries ➢ Hours of technical assistance provided ➢ Type of assistance provided ➢ Type of business ➢ Annual sales revenue of businesses served ➢ Number of businesses opened ➢ Number of business expanded/stabilized ➢ Number and amounts of financing packages ➢ Demographic information on entrepreneurs The required reporting schedule is as follows: lst quarter January—March, report due Apri130tn 2°a quarter April—June, report due July 31 St 3`d quarter July—September,report due October 31St 4th quarter October—December, report due January 31 St of 2013 MCCD will provide additional reports as requested by the GVNH. 5. PERSONNEL MCCD represents that it has, or will secure, at its own expense, all personnel required in performing the services to carry out the Initiative. Such personnel shall not be employees of or have any contractual relationship with GVNH. No tenure or any other rights or benefits, including worker's compensation, unemployment insurance, medical care, sick leave,vacation pay, severance pay, or any other benefits available to GVNH employees 2 shall accrue to MCCD or employees of MCCD performing services under this Agreement. The MCCD is an independent contractor. All of the services required to carry out the Initiative will be performed by MCCD, and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under State and local law to perform such work. 6. INTEREST OF MEMBERS OF THE CITY,EDA AND OTHERS No officer, member, or employee of GVNH, and no member of its governing body, and no other public official or governing body of the locality in which the Initiative is situated or being carried out, who exercises any functions or responsibilities in the review or approval of the undertaking or carrying out of the Initiative, shall participate in the decision relating to this Agreement which affects his/her personal interest or the interest of any corporation,partnership, or association in which he/she is, directly or indirectly, interested or has any personal or pecuniary interest, direct or indirect, in this Agreement or proceeds thereof. 7. ASSIGNABILTY MCCD shall not assign any interest in this Agreement, and shall not transfer any interest in the same without the prior written approval of GVNH thereta 8. COMPLIANCE WITH LOCAL LAWS MCCD agrees to comply with all federal and state laws, statutes and applicable regulations and the ordinances of the GVNH. 9. INSURANCE MCCD agrees to provide proof of workers' compensation in the statutory amounts, auto liability (hired, owned and non-owned), and comprehensive general liability insurance by providing certificates of insurance, naming the city as an additional insured, not later than ten(10) days after execution of this Agreement. Comprehensive general liability and auto liability insurance shall be in the minimum amount of$1,500,000. 10. HOLD HARMLESS MCCD agrees to defend,protect, indemnify and hold harmless GVNH, their elected officials, agents, officers and employees harmless from and against all liabilities, losses, damages, costs, and expenses, whether personal, property, or contractual, including reasonable attorney's fees, arising out of, or related to the provision of services under the Agreement or with respect to errors or omissions in performance of professional services related to the Initiative, and from any act of negligence of MCCD, its officers, employees, servants, agents, or contractors. GVNH agree to defend, protect, indemnify and hold harmless the MCCD, its agents, officers and employees harmless from and against all liabilities, losses, damages, costs, and expenses, whether personal,property, or contractual, including reasonable attorney's fees, arising out of, or related to the administration and operation of the Initiative, and 3 from any act of negligence of GVNH, their officers, employees, servants, agents, or contractors. 11. NOTICES A notice, demand, or other communication under the Agreement by either party to the other shall be sufficiently given or delivered if it is dispatched by mail,postage prepaid, return receipt requested, or delivered personally; and (a) In the case of MCCD, is addressed or delivered personally to: David Chapman, Director of Lending and Operations Metropolitan Consortium of Community Developers 3137 Chicago Avenue South Minneapolis, MN 55407 (b) In the case of the GVNH: Jeanne Andre Assistant HRA Director City of Golden Valley 7800 Golden Valley Road Golden Valley, MN 55427 Curtis Jacobsen Director of Community Development City of New Hope 4401 Xylon Ave N New Hope, MN 55428 or at such other address with respect to any party as that party may designate in writing and forward to the other as provide in the Section. 12. MODIFICATION AND GOVERNING LAW This Agreement shall be governed by Minnesota law and may not be modified, changed, or amended in any manner whatsoever without the prior written approval of all the parties hereto. 13. TERMINATION The City may by written notice terminate the Agreement or any portion thereof when it is deemed in the City's best interest to do so or the City is unable to adequately fund payment for the Agreement because of changes in State fiscal policy, regulation or law. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first written above. 4 CITY OF GOLDEN VALLEY METROPOLITAN CONSORTIUM OF COMMUNITY DEVELOPERS By: By: Tom Burt, City Manager Jim Roth, Its Executive Director CITY OF NEW HOPE By Curtis Jacobsen,Its Community Development Director 5 Exhibit A Scope of Services Open for Business Technical Assistance Services MCCD will provide intensive one-on-one technical assistance to Golden Valley and New Hope businesses, Golden Valley and New Hope residents and aspiring entrepreneurs intending to establish,purchase, or improve a business in Golden Valley and New Hope. Technical assistance includes, but is not limited to,the following: ➢ Business plan development ➢ Feasibility analysis ➢ Marketing ➢ Cashflow and other financial projection development ➢ Operational analysis ➢ City and State licensing and regulatory assistance ➢ Loan packaging, and other assistance in obtaining financing ➢ Help in obtaining competent legal advice MCCD will also provide technical assistance on a walk-in basis at least monthly in the City Halls of the cities of Golden Valley and New Hope or as requested at a place of business within Golden Valley and New Hope. Open for Business Access to Capital Access to capital will be provided to qualifying businesses through MCCD's Emerging Small Business Loan Program (see Exhibit B Small Business Loan Program Guidelines below). MCCD also provides its financing in partnership other community lenders, banks or both. 6 EXHIBIT B Small Business Loan Program Guidelines Loan Amounts• • Up to $25,000 • Designed to leverage other financing programs as well as private financing provided by the commercial banking community. Eli�ible Proiects: • Borrowers rr�ust be a "f�r-profit"busirless. • Business must be camplimentary to the existing Golden Valley and New Hope business community. • Borrowers must have equity injection as determined by fiind management. Allowable Use of Proceeds: • Loan proceeds can be used for working capital, inventory, equipment ar►d general business operations. Interest Rates: • Loan interest rate is normally fixed at 10%. Loan Term Len�th: • Loan repayment terms will generally range from three to five years. Fees and Cha�es: • Borrowers are responsible for paying all customary legal and other loan closing costs. 000090/480568/1452494_1 7 C � �� s. �. �� Finance o � ��:� � e 763-593-8013 I 763-593-8109(fax) Executive Summary For Action Golden Valley City Council Meeting February 21, 2012 Agenda Item 3. P. Establishing Limited Clean-up and Property Damage Protection for Sewer Back-ups and Water Main Breaks for Water and Sewer Customers Prepared By Sue Virnig, Finance Director Summary In 2007, the City received No-Fault Sewer Back-up Insurance coverage from the League of Minnesota Cities Insurance Trust. In 2012, the League expanded that coverage to include water main breaks. The City is required to adopt a new resolution including water main break coverage. Attachments Resolution Establishing Limited Clean-up and Property Damage Protection for Sewer Back- ups and Water Main Breaks for Water and Sewer Customers (3 pages) Recommended Action Motion to adopt Resolution Establishing Limited Clean-up and Property Damage Protection for Sewer Back-ups and Water Main Breaks for Water and Sewer Customers. Resolution 12-12 February 21, 2012 Member introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING LIMITED CLEAN-UP AND PROPERTY DAMAGE PROTECTION FOR SEWER BACK-UPS AND WATER MAIN BREAKS FOR WATER AND SEWER CUSTOMERS WHEREAS, the City provides water and sanitary sewer services to many of the property owners within the City; and WHEREAS, water main breaks may cause water to enter into property causing damage; and WHEREAS, blockages or other conditions in city sanitary sewer lines may cause the back-up of sewage into properties that are connected to those city sanitary lines; and WHEREAS, water main breaks and sewer back-ups pose a public health and safety concern; and WHEREAS, it is often difficult to determine the exact cause and responsibility for water main and sanitary sewer back-ups; and WHEREAS, the City Council desires to encourage the expeditious clean-up of properties that have encountered damage from water main breaks and sewer back-ups; and WHEREAS, the City Council desires to minimize the potential of expensive lawsuits arising out of water main breaks and sanitary sewer back-up claims; and WHEREAS, the City is a member of the League of Minnesota Cities Insurance Trust (LMCIT); and WHEREAS, LMCIT has offered the City limited "no fault" sewer coverage and water main break coverage that will reimburse property users of the water and sewer system for certain clean-up costs and property damage regardless of whether the City is at fault; and NOW, THEREFORE, BE IT RESOLVED, by the City Council pf the City of Golden Valley, Minnesota, as follows: the City, as part of the contract for providing water and sewer services to the customers of the City, and in consideration of the payment of water and sewer bills, agrees to reimburse water and sanitary sewer customers for up to $10,000 of clean-up costs and property damages caused by a water main break or sanitary sewer back-up, regardless of whether the City is negligent or otherwise legally liable for damages, subject to the following conditions: Resolution 12-12 - Continued\ February 21, 2012 I. Sanitary Sewer Back-Ups. For Sanitary sewer back-ups: A. The back-up must have resulted from a condition in the City's sanitary sewer system or lines, and not from a condition in a private line. B. The back-up must not have been caused by catastrophic weather or other events for which Federal Emergency Management Assistance is available. C. The back-up must not have been caused by an interruption in electric power to the City's sewer system or to any City lift station, which continues for more than 72 hours. D. The back-up must not have been caused by rainfall or precipitation that would constitute a 100-year storm as determined by the National Weather Service. E. Neither the City nor LMCIT will reimburse any costs which have been or are eligible to be covered under a property owner's own homeowners' or other property insurance, or which would be eligible to be reimbursed under a National Flood Insurance Protection (NFIP) policy, whether or not the property owner actually has NFIP Coverage. F. The maximum amount that the City or LMCIT will reimburse is $10,000 per building, per year. In this regard, a structure or group of structures served by a single connection to the City's sewer system is considered a single building. II. Water Main Breaks. For water main breaks: A. LMCIT will pay for claims presented by the City for water main break damage to property of others which was not caused by the City's negligence. B. Neither the City nor LMCIT will pay for damages or expenses for which the property owner has been or is eligible to be reimbursed by any homeowners' or other property insurance. C. The maximum amount that the City or LMCIT will reimburse is $10,000 to any claimant, regardless of the number of occurrences or the number of properties affected. D. Neither the City nor LMCIT will pay more than $250,000 for water main break damages resulting from any single occurrence. All water main break damage which occurs during any period of 72 consecutive hours is deemed to result from a single occurrence. If the total water main break damage for all claimants in a single occurrence exceeds $250,000, the reimbursement to each claimant will be calculated as follows: 1. A preliminary reimbursement figure is established for each claimant, equal to the lesser of the claimant's actual damages or $10,000. 2. The sum of the preliminary reimbursement figures for all claimants will be calculated. 3. Each claimant will be paid a percentage of his or her preliminary reimbursement figure, equal to the percentage calculated by dividing $250,000 by the sum of all claimants' preliminary reimbursement figures. Resolution 12-12 - Continued February 21, 2012 Shepard M. Harris, Mayor ATTEST: Susan M. Virnig, City Clerk The motion for the adoption of the foregoing resolution was seconded by Member and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted, signed by the Mayor and his signature attested by the City Clerk. �t �� `k'�=: y+ �} .- ,°y. � "�" v I � Planning O �� == _ � �, e 763-593-8095 / 763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting February 21, 2012 "60 Days" Deadline: February 24, 2012 Agenda Item 4. A. Public Hearing - Preliminary Design Plan Approval - PUD #88 - Breck Addition - Amendment#1 - 123 Ottawa Avenue North - Breck School, Applicant Prepared By Bryanna Vidden, Planning Intern Summary At the January 23, 2012, Planning Commission meeting, the Commission held an informal public hearing on the Preliminary PUD Plan for Amendment No. 1 to Breck School PUD No. 88. The amendment would allow Breck School to expand the portion of its building known as the Upper School. This amendment proposal calls for the demolition and rebuilding of a two- story portion of the school, to be replaced by a new four-story building. The Planning Commission voted unanimously to recommend approval. However, residents expressed concern about the height of the building, as well as the presence of construction traffic and noise throughout the construction process. The Planning Commission addressed the issue at the meeting, and it is on the record that this issue will be addressed through the building permit process. As part of this approval, recommendations from the Planning Commission can be found below within the "Recommended Action" section of this report. Attachments Location Map (1 page) Applicant's Narrative (1 page) Planning Commission Minutes dated January 23, 2012 (4 pages) Memo to the Planning Commission dated January 5, 2012 (2 pages) Memo from Public Works Specialist Eric Eckman dated January 13, 2012 (3 pages) Memo from Deputy Fire Marshal Ed Anderson dated January 10, 2012 (1 page) E-mail from Daniel and Kristen Charette dated January 13, 2012 (1 page) Site Plans and Graphics comparing the current building height to that of the proposed building (15 pages) Recommended Action Motion to approve the Preliminary Design Plan, Amendment No. 1, PUD No. 88, Breck Addition, subject to the following conditions: 1. The plans submitted with the application shall become a part of this approval. These plans were prepared by Holabird & Root and include the following: G1-3 site plan, G1-9 green roof& ground coverage diagrams, G1-10 overall 100, 150 & 200 level floor plans, A2-1 foundation floor plan, A2-2 100 & 150 level floor plan, A2-3 200 level floor plan, A2-4 300 level floor plan, A2-5 400 level floor plan, A2-6 500 level roof plan, penthouse plan & 600 level penthouse roof plan, A2-7 150 north classroom renovation floor plan, A4-1 and A4-2 building elevations, A4-5 building sections, new upper school elevations and diagram comparing height of existing chapel bell tower and proposed new building. 2. The recommendations and requirements outlined in the memo from Public Works Specialist Eric Eckman to Mark Grimes, Director of Planning and Development, dated January 13, 2012, shall become a part of this approval. 3. All recommendations and requirements outlined in the memorandum from Deputy Fire Marshal Ed Anderson to Mark Grimes, Director of Planning and Development dated January 10, 2012, shall become a part of this approvaL 4. All signs on the property must meet the requirements of the City's Sign Code. 5. This approval is subject to all other state, federal, and local ordinances, regulations, or laws with authority over this development. �? i � � �� s-- .. , � �j } �„ \`°- __. _ ,_ � ;'Stha�ret�a/ifield Po»cf i = j� --� �°} i o � � Schaper Park ,a J r,�, 4 s � �' schaper Parxd �; { ° t1 � F � �� 'C�`� � � Q t'F� . .. � — � �r%� ��SCPtB�f�Lf.�..�, � ��' . G�t � 1 1 � � �i � f ,}= .�..� ��. I S � � � � r' r,'...1_ `' 3 1 Lffa�F+crrd� �`.st ,,. __ _ .- ^° ,i i t\ ;.-�..- .r ''��t � E� � _--° � f -��H"�Y�5 E�to H►vy 10�N6��-„ ^-- �Staie H�NorSS H��_- ��..� _ _� _ ,. ,_C?tsan�AsmariaE-Hwy� � �, � _ � - -� _.._...._ > >, �� g�n y f,� �'a__ _ _ _ ,. 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No. 88 Overview of Project: Breck School has submitted a request for the amendment of P.U.D. No. 88 to pursue the first phase of a strategic renovation of the facilities located at 123 Ottawa Avenue North in Golden Valley. The planned renovation represents a long-term commitment to remain in the Golden Valley community. The current building presently supports the educational and extracurricular activities of 1200 students in pre-school through grade 12. The scope of the first phase will encompass a complete renovation of the portion of the building known as the Upper School (grades 9 through 12). Site restrictions make it difficult for Breck to expand the current footprint of the building, so the current Upper School will be demolished and re-built. Key highlights of the planned construction include the following: • Updated electrical and mechanical systems • Consolidation of Upper School administrative services • Two additional floors to support Breck's math and science curriculum • Renovated Media Center that will support the increasing use of technology in education • A greater number of smaller classrooms, new faculty spaces and new small-group meeting spaces. • Two environmentally friendly "green" roofs that will also support Breck's real science curriculum • Constructed following the principles of sustainable design • No planned increase in enrollment Timeline: Subject to successful fundraising, the demolition is planned for Friday, June 9, 2012. It is anticipated that the project will be completed in August 2013. Project Team: In addition to the Breck School administration, the project team will consist of the following: • TEGRA Group — owner representative • Holabird and Root— architect • McGough Construction —general contractor The Breck community is excited to partner with the City of Golden Valley on this project and will be happy to respond to any questions or concerns. Minutes of the Golden Valley Planning Commission January 23, 2012 Page 2 Lupient, Applicant, stated that five or ix evergreen trees were planted on the west side couple of years ago to help with th water issues. Waldhau r opened the public hearing. Stacy Hoschk 6400 Golden Valley Roa , asked if the rain spout n the building are directed toward t green space. Lupient explained that st of the water oes to the wes� � oward the greet�.=�pace. He stated that they also put in curb along t e west side ��the property,�ntl�the��s a culvert that runs into a rock b 'n and th �into the. ��reet. ` ?�- � �F;. �t ;; Seeing and hearing no one else wi ing co ent, Waldhau�er clos�d tfie pubjic hearing. ._£ ;;; �a3, .�.;. Kisch stated he feels the applicant has '� �� orated ev�rything?#hat vi��s=�sked of them. � � The Commissioners agreed. 5 F, � MOVED by Kisch, seconded b �� chmidg II and rfi � ion c��ied unanimously to recommend approval of PUD 66, Amen me,nt#4,to � Ilow for the expansion of the� showroom and entry of the� finiti dealer .'ip�p��s a��ar � a�� addition to the north end of the building subject to th following corrdi ions:; �� < ° ;; ,;; 1. The plans submi d with the a�p��i�� n shall become a pa �� of this approval. These ptans were pre �red by NAI��chite� anc��clude the followi�� exis#ing and � demolition si plan, pro��d��t��p1� n, existing floor plans, orien tion plans, floor plan — buil g A, floo��pian � �uir �� B, exterior elevations and lan cape plan. 2. All reco endations a�d rec��reme s outlined in the memorandum f Deputy � � Fire M ��shal Ed�Anders��Mark G imes, Director of Planning and Dev pment date ' eptembe� �7,£2011 shall bec e a part of this approvaL 3. All ��gns on,#he pri�perty"�ust�rreet t e requirements of the City's Sign Code. 4. T ��s approva4>is su�je�t to a`f��other s te, federal, and local ordinances, regulations, r lawsww�th authority,t�ver this devel ment. �: �i � :' 3. In�� . �I�Publ�c��learing — Planned Unit Development Amendment— �� ,�� Preli��a-r'y;,Plan — 123 Ot�owa Ave. N., Breck School — PU-88 Amendment#1 ��a� Applic��: Breck School .,,, Address: 123 Ottawa Avenue North Purpose: To allow a portion of the existing two-story building (the upper school) to be demolished and replaced with a new four-story building. Vidden gave a brief history of the site and explained the applicant's proposal to demolish and rebuild their upper school building. The proposed new building will include a renovated media center, consolidation of administrative services, additional small-group Minutes of the Golden Valley Planning Commission January 23, 2012 Page 3 meeting space and updated mechanical and electrical systems. She stated that horizontal expansion of the buildings is limited by wetlands, floodplain and the existing athletic fields. She added that there is no planned increase in enrollment and this is the first phase of a larger project. She showed the Commission a rendering of the proposed new building and noted that the new building will be 70 feet in height compared to the existing chapel bell tower which is 96 feet in height. Segelbaum asked if staff believes Breck manages traffic satisfactorily. Vidden stated that the amount of traffic should not change as a result of the proposed cons�uct��n because Breck's enrollment is expected to stay the same. Hogeboom added th�;��he Pu�lic Safety �.� Department works with Breck regarding traffic management and the ca�astruction��raffic will be managed during the building permit process. �`� x��a s > r ; Segelbaum asked if staff requested the proposed green roof �`dder�`��ated th�t the City did not request the green roof, Breck proposed it. Hogeboom��ddec�a#hat b��use Breck is not proposing to expand the footprint of the building��y3more��an�10°lo��t�iey will not be required to go to the Bassett Creek Watershed Managerrient�Co�missio�n for review. � s;, Wendy Engelman, Business Manager, Breck Scf�ool, saic�'t�ey are very excited about this project. The proposed changes will better fit their�aurriculum..and they will work with the City to address any traffic and safety concerns Waldhauser referred to an email sent,�y a��ighbor;co:ncerned about the hours of construction. She asked if that iss�ue �ivi��;be a�dressed during the building permit process. Hogeboom said the hours of con�,tructiQi�'can�bex addressed during the building permit process and the City will wq��k��+u�th�;Br�ck at that'time, however, the City's noise ordinance � typically allows noise fror��am��t� 1�`�m. '�:� �� ,, Cera asked about th�.next�p�� of the project. Engelman stated that future plans call for a similar addition to��ie�we,st fo��he middle school. g � ��t . 4(�. kS�E.j �# x .�n Kisch asked if tfiere is��n�'way�o shrink the floor to ceiling space so that the building is not so tall ��, ,� ;� _�� f �. �} Y ;;. �.;: Dick Stras�bur��Owner`s�Representative, explained that they have been working with __�� th��r archit��ts reg�=rding the height of the building because they have the same con�e�;ns. He e�plained that the future phases will be kept at the same height and the buildings�will ��#ep back" so as not to feel overwhelming. Engelman agreed that the height of the building�is a concern and noted that the chapel is the main focal point of the school. Kisch asked about the type of construction being proposed. Strassburg stated it will be steel construction. He explained that the classrooms will have 10-foot high ceilings with an additional 2 feet for mechanicals. McCarty questioned the need to double the space if the enrollment is not expected to increase. Engelman reiterated that the proposed addition will have small group meeting Minutes of the Golden Valley Planning Commission January 23, 2012 Page 4 and tutorial space, seminar rooms and media space as well as additional classroom and lab space. Schmidgall questioned if it is within the Planning Commission's jurisdiction to question Breck's design and program issues. Waldhauser opened the public hearing. Barbara Busick, 4736 Glenwood Ave, said she assumes construction wi!!��tart in the summer and asked how long construction will last and if there would b�`constru;ction on weekends. Hogeboom said construction would probably start in Ju�ae. , �s . ��g; :�. ��,� Busick asked if there is a process to inform the neighborhood.a�out the�,tim�;co�istruction will occur. Hogeboom said there is no process however staff,�nrit( ��w,brking,wi�h the applicant on construction hours and traffic issues. Busick asked if it=would t;i�lp to call the City with her concerns before building permits are issug�� Wal�c��aus�?r��u��gested Busick email or write her concerns to Hogeboom. Waldhauser a�l�a �aote�,that there will be three more public hearings with opportunities for neighbc��s�tt�;��pre�� f�eir concerns. Busick suggested that Breck use multiple streets for their construction traffic in order to spread it out. Douglas Weiss, 400 Natchez Avenue Nq�rth, s�j� he is'�oin'cerned about the building heig�ht�and his view being changed F��s�id ��rvouldz;like to see drawings of how the building will look and that he woulda�atfier see;,a three-story building instead of a four-story � building. � :; � _., f,� Stacy Hoschka, 6400 Golc��n Va�11"ey RQ�d, asked if Breck will be required to submit a � Stormwater Managemen��l��an ��I wh�'uvould review the plans. Cera noted that the City Engineer will require;Eireck�d�,�i��mit a Stormwater Management Plan and obtain a Stormwater Manageme�t,Permitw,, fi ( A Seeing and hea�� no�p�� els��wishing to comment, Waldhauser closed the public hearing � � �� z f �; ' �� S.y��a4iS�e��T a{g, � � �� a �'t��r��a�� ; McCarty s��d ��gis concerned about the height of the building. He said he thinks the pro�osed h+��ht��uld be more appropriate if their enrollment was increasing. Kisch agre�d, He co�me`nded the design and said it is a great project to move forward on, but � he wo�rld,like,€�m�eck to push their architect to reduce the height. He said he would also like to see mor��iculation on the east and west sides of the building. � � Segelbaum said he supports the proposal and is pleased to see Breck investing in the community. He added that he is concerned that traffic may increase with the amount of added space. Cera said he doesn't believe that the construction traffic will be anywhere near the current morning and afternoon traffic. He said he is in favor of the proposal and he likes the green roof and that the footprint of the building is not expanding. Minutes of the Golden Valiey Planning Commission January 23, 2012 Page 5 MOVED by Cera, seconded by McCarty and motion carried unanimously to recommend approval of the proposed Preliminary Pian for PUD 88, Amendment#1, Breck School subject to the following conditions: 1. The plans submitted with the application shall become a part of this approval. These plans were prepared by Holabird & Root and include the following: G1-3 site plan, G1- 9 green roof & ground coverage diagrams, G1-10 overall 100, 150 & 200 level floor plans, A2-1 foundation floor plan, A2-2 100 & 150 level floor plan, A2-3 200 level floor plan, A2-4 300 level floor plan, A2-5 400 level floor plan, A2-6 500 level roof plan, penthouse plan & 600 level penthouse roof plan, A2-7 150 north clas�i-oom�r�novation floor plan, A4-1 and A4-2 building elevations, A4-5 building sectic�n"s,�,new upp�� school elevations and diagram comparing height of existing ch,��el bel[�tpwer �rid proposed new building. : ��' � �� _: , �. 2. The recommendations and requirements outlined in the rr��m� frot� Deput� Fire Marshal Ed Anderson to Mark Grimes, Director of Plannin�'�nd`D�velQpx�°ent dated January 10, 2012, shall become part of this approvaa �� _- ��' 3. The recommendations and requirements outlined,in tfie rr��m�%�,from 1�ublic Works Specialist Eric Eckman to Mark Grimes, Directar�df`�lannin��r�n�y Development, dated January 13, 2012, shall become a part of this�pprovaf`�� 4. All signs on the property must meet the r��uir��nents of��ie City's Sign Code. � � 5. This approval is subject to all other st,�#e,'��ra��nd I�aral ordinances, regulations, or laws with authority over this developr��nt. ` �`��" ` :t � �,; _.; Informal Public Hearmg �Z �'`ir�g C�.de Text�Amendment—Amending Section 11.70 "Off-Street Parkiri j`�an l;oadin'gz�2egulations" —ZO00-89 f Ap 'cant: City of G`olde�;V l�y ,�ya.. Purpos . To consii��rFame ding the amount of park�i.��'required for certain ��s �� r` Vidden stated th�#yshe�� died�fhe �ity's parking��requirements in response to a request by the Plar��in� Cor`��iss� ; to det mine if.��lden Valley requires too much parking. �� .: �k �' � ; °; � She discuis�ed �er stutly�which �� I ��d�comparisons with other cities and explained that sta�f is recamsmending to amend arking regulations to require fewer parking spaces in nir��,of the U�e categories.� � :�� z .. s a r �� Waldhaus�r�asked for amples of',�vhich , operties would be impacted by the proposed amendments. Vidd stated that h �r study s wed that Golden Valley is on par with other similar cities. ; Waldhaus referred to the parkin requirements at all fields. She stated that ball fields are hea ' used and there may b � complaints about there not being enough parking spac . Kisch agreed and said cu irently the City tends to approach parking as requiring a mi � um amount rather than a m ' imum amount. He referred to Walgreen's recent riance request for fewer parking paces than required because they didn't feel they cif�j o.f � �=�, . . < �; � � �� Planning � �-�� 763-593-8095/763-593-8109 (fax) � Date: January 5, 2012 To: Golden Valley Planning Commission From: Bryanna Vidden, Planning Intern Subject: Preliminary PUD Plan — Breck School PUD No. 88—Amendment#1 (123 Ottawa Avenue North.) — Breck School, Applicant BACKGROUND Breck School has applied to amend its Planned Unit Development (PUD) permit for the purpose of expanding the existing onsite building. The proposed expansion will include the addition of two floors, as well as a renovation of the current media center. The proposed expansion has been requested by Wendy Engelman-Breck School Business Manager. Breck School moved to its current Golden Valley location in 1981, after a fire destroyed the chapel at their former Minneapolis location. No changes were initially made to the property, with the exception of the construction of a chapel. PUD No. 88 was first established on April 4, 2000, to allow for an expansion to house the educational and extracurricular activities of Breck School's growing enrollment. Since the establishment of the PUD, no amendments have been made. Since Breck School is proposing changes to the current site plan, the PUD amendment process is now required to take place. Breck School is an Episcopal, coeducational, college-preparatory school which enrolls students from pre-school through 12th grade. Breck was established in 1886 in Wilder, Minnesota, with an initial graduating class of five students, and has since grown to enroll 1200 students annually at its current Golden Valley location. DESCRIPTION OF PROPOSAL This request for the amendment of PUD No. 88 represents the first phase of a larger renovation and expansion throughout the coming years for Breck School. This first phase of renovation calls for the demolition and re-building of the Upper School, which houses grades 9 through 12. The site is currently zoned at I-1, which contains a height limit of three stories. As the renovation calls for a total of four stories, plus a mechanical penthouse, with a height of seventy (70) feet, the PUD must be amended. The proposed addition to the building will include four floors of classrooms, with the mechanical penthouse above. The height of the new building is proposed to be 70 feet, consisting of four stories plus the penthouse. The additional floors are intended to better serve the math and science curriculum of Upper School students. Since the horizontal development of structures within the site is limited by wetlands, floodplain and recreational facilities, the footprint of the building will not be greatly altered. The newly constructed building will consist of 70,205 square feet, with additional ground coverage of 1,820 square feet, in comparison to the existing building. To compensate for this loss of green space, the construction of finro green roofs totaling 3,700 square feet are also proposed as part of the expansion. Also, the 556 existing parking spaces will not be impacted, and no additional spaces will be created, since enrollment is to remain consistent at 1200 students. Other proposed�renovations to be contained within the new building include, updated electrical and mechanical systems, a renovated Media Center, small-group meeting spaces, a greater number of smaller classrooms, the consolidation of the Upper School's administrative services and new faculty spaces. Deputy Fire Marshal Ed Anderson has commented on the proposed plan. His memorandum, dated January 12, 2012, is attached. ln addition, Jeff Oliver and Eric Eckman from the Department of Public Works have reviewed and commented on the proposed plan. This memorandum dated January 13, 2012, is also attached. These memorandums are incorporated into staff's recommendations. RECOMMENDATION Staff recommends approval of the Preliminary Plan for Amendment No. 1 to the Breck School PUD No. 88. The proposed remodel and expansion represents a long-term commitment by Breck School to remain in the City of Golden Valley. Staff recommends the following conditions of approval: 1. The plans submitted with the application shall become a part of this approval. These plans were prepared for Breck School and include the following: site plans consisting of 13 pages total. 2. The recommendations and requirements outlined in the memo from Deputy Fire Marshal Ed Anderson to Mark Grimes, Director of Planning and Development dated January 10, 2012, shall become part of this approval. 3. The recommendations and requirements outlined in the memo from Public Works Specialist Eric Eckman to Mark Grimes, Director of Planning and Development, dated January 13, 2012, shall become a part of this approval. 4. All signs on the property must meet the requirements of the City's Sign Code. 5. This approval is subject to all other state, federal, and local ordinances, regulations, or laws with authority over this development. Attachments Location Map (1 page) Applicant's Narrative (1 page) Memo from Deputy Fire Marshal Ed Anderson dated January 10, 2012 (1 page) Memo from Public Works Specialist Eric Eckman dated January 13, 2012 (3 pages) E-mail from Daniel and Kristen Charette dated January 13, 2012 (1 page) Site Plans (13 pages) 2 �i�' �� u o en a e Public Works 763.593.8030/763.593.398$(fax) Date: January 13, 2012 To: U�lark Grimes, Director of Planning and Development Through: Jeff Oliver, PE, City Engineer From: Eric Eckman, Public Works pecialist �(� Subject: Review of PUD 88, Amendment 1 — Breck Upper School Addition Public Works staff has reviewed the preliminary design plans for Amendment 1 of the Breck School Planned Unit Development (PUD). The plans are for an interior classroom renovation and a new upper school addition at Breck School located at 123 Ottawa Avenue North. Site Plan: Due to the significant amount of floodplain and wetlands present on the site, the plans call for a vertical expansion of the school, and only a small horizontal expansion. According to the plans, the footprint of the building will be expanded 1,820 square feet. For this reason, the impacts requiring Public Works review and comment are minimal. It is staff's understanding that the purpose of the renovation and expansion is to improve the conditions and maximize space to better accommodate the current student population. Therefore, parking, access, and traffic management were not considered as part of this review. If increased enrollment and vehicle trips are anticipated with this project, additional information may be required as part of the final plan submittal. Utilities: As a requirement of the PUD application process, the City requires that a property bring its sanitary sewer service into compliance with the City's Inflow and Infiltration (I/I) Ordinance. Records show that Breck School has completed an inspection of its sewer facilities and is currently working toward compliance. As such, staff recommends the PUD application process move forward subject to the following: 1. A compliance certificate should be obtained prior to final PUD approval; or 2. A compliance certificate should be obtained before a Certificate of Occupancy is issued for the building. This option would include the posting of an escrow prior to final PUD approvaL Storm Water Manaqement: This proposed project is located within the Sweeney Lake sub-district of the Bassett Creek Watershed. The proposed land disturbance (1,820 square feet) is below the project thresholds listed in the Bassett Creek Watershed Management Commission's (BCWMC) Requirements for Improvements and Development Proposa/s, and therefore project review is not required by the BCWMC. However, the preliminary design plans propose 7,400 square feet of"green roof° storm water treatment as part of the project. Staff recommends that the green roof details, specifications, and treatment calculations be submitted to BCWMC, through the City, for informational purposes only. This proactive approach to storm water treatment is encouraged by the City and BCWMC and may help contribute to the implementation of the Sweeney Lake total maximum daily load (TMDL) study. Because the proposed project involves excavation and foundation work, the developer will be required to obtain a City of Golden Valley Stormwater Management Permit and submit a Stormwater Management Plan as part of its final PUD plans. The permit must be obtained prior to issuance of building permits, and the developer will be required to implement construction best management practices during construction. This development is subject to the City's Floodplain Management Ordinance due to the presence of floodplain on the site. The FEMA floodplain elevation in this area is approximately 840 feet above mean sea level. Review of the preliminary design plans shows that the lowest floor of Breck School is 845 feet above mean sea level, which is well above the 2-foot regulatory flood protection elevation required by ordinance. These elevations should be confirmed and shown on the stormwater management plan, and signed by a licensed engineer or surveyor. Tree Preservation: Because the footprint of the existing building is expanding by less than 10 percent, the City's Tree Preservation Ordinance does not apply to this proposal. Summary and Recommendations: Public Works staff recommends approval of the proposed PUD 88, Amendment 1 — Breck Upper School Addition subject to the comments contained in this review, which are summarized as follows: 1. The developer must submit a stormwater management plan and obtain a City Stormwater Management Permit as discussed in this memorandum. 2. The sanitary sewer service must be brought into compliance with the City's Inflow and Infiltration Ordinance consistent with the options outlined in this memorandum. 3. Subject to the review and comments of the City Attorney, Building Official, and other City staff. Please feel free to call me if you have any questions regarding this matter. C: Jeannine Clancy, Director of Public Works Mark Kuhnly, Chief of Fire and Inspections Mitch Hoeft, Engineer Gary Johnson, Building Official C�i ' �� Memorandum �.-�� a �,. - �� Fire Department �, 763-593-8065/763-593-8098(fax) � To: Mark Grimes, Director of Planning and Zoning From: Ed Anderson, Deputy Fire Marshal Subject: PUD 88 Amendment#1 Breck School Date: January 10, 2012 I have reviewed the PUD Amendmen application packet for the Breck School located at 123 Ottawa Avenue North. Listed below are the fire department omments regarding the proposed construction site, fire department access water supply/fir flow requirements and other fire life safety construction features in accordance with Minneso a State Fire Code and other recognized fire code standards. A fire protection engineer pproved by the fire code official will be required to evaluate design and commissioned a required by the fire code official. 1. The current water supply syst m shall be calculated to meet the proper fire flow rating for the new proposed building ite. The fire flow rating information shall be submitted to the fire protection engineer nd reviewed by the fire code official. 2. The fire department access ro d and the surface of the roadway shall be maintained during the construction phase. 3. The design and operation of t e chemistry and laboratories using chemicals shaH be in accordance with National reco nized fire code standard, including but not limited to, fire protection equipment, mechanical system and required temporary storage of all chemicals located in all scienc chemistry and biology classrooms. The fire protection engineer shall review the abo e information and submit to the fire code official. 4. The design of permanent stor ge areas for all flammable, combustible liquids and other chemicals shall be in ac ordance with the Minnesota Fire Code and fire code standards. The fire protection ngineer shall review the above information and submit to the fire code official for revi w. 5. The staging of construction eq ipment including trailers, vehicles and other construction related equipmen shall not block or hinder the fire department access road or access point to the bui ding site. If you have any questions, please co tact me at 763-593-8065, or e-mail eandersonCc��goldenvallevmn.gov. Ho eboom, Joe From: Daniel and Kristen Ch rette [dkcharette@comcast.net] Sent: Friday, January 13, 2 12 4:15 PM To: Harris, Shep Cc: Freiberg, Mike; Pentel, Paula; Scanlon, DeDe; Clausen, Joanie; Hogeboom, Joe Subject: Breck School expansi n--PUD No. 88 Amendment No. 1 Dear Mayor and Councilmembers, We reside at 327 Burntside Drive and w 11 be impacted by the requested (PUD No. 88, Amendment No. 1) Breck School demolition and reb ilding of their Upper School to a four-story facility. I spoke this afternoon to 7oe Hogeboom who visited with Breck today in anticipation of the 1/23 GV Planning Commission Meeting. As we understand the early rendering o this plan, we have no problems with Breck undertaking this construction. HOWEVER, we will ve emently oppose any permit that allows Breck to begin construction activities prior to 8AM o weekdays, or 10AM on weekends. The noise and ground- shaking from this anticipated construc ion will greatly impact 3-6 months of our lives here on Burntside Drive. It needs to start ND stop at a reasonable hour on weekdays and weekends, even if this impacts the cost of the p oject to Breck School. It is very early in the process, but p ease consider neighborhood homeowners concerns as you review this PUD request from Breck Sch ol. Thank you in advance for your consider tion of this request. Sincerely, Dan and Kristen Charette 327 Burntside Drive Golden Valley, MN 55422 dkcharette(alcomcast.net 763-381-9660 (Home) 1 � _ � � �� • � N w . �� ,�:� $�� y - y Q � �� W.� �_� �� „ � � a �� m ' �a� � od�o� ° a 3 � M . e� > �� s� A � � � g �� '�^ � Es $ �� E��x � ^=��: m U �� v � �� E �� '� � ��`-��'a o '� w`� U '$ z � • � � �� $�� 8y '� m y � � $ $� ; g 3 ��m �� i � � ` 6 � fA � � � O` r/ � V � � N - Z � O C� � O _ . --: "r., 31N13AtlZ3H�1tlN . . ' �. -.- ' — � v -�' :-ca-' � - cs'�' (� — aruanr w � V' —�. 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Public Hearing - Ordinance #480 - Final Design Plan Approval - PUD #66 - JLO Addition - Amendment #4 - 7200 Wayzata Boulevard - Jeff Lupient - Infiniti, Applicant, Applicant Prepared By Joe Hogeboom, City Planner Summary At the January 23, 2012 Planning Commission meeting; the Commission held an informal public hearing on the Final PUD Rlan for Amendment No. 4 to Lupient Infiniti PUD No. 66. The amendment would allow Lupient Infiniti to expand its building by enlarging the dealership's showroom and entry as well as adding a car wash to the north end of the building. The Planning Commission voted unanimously to recommend approval. The Preliminary PUD Plan was approved by the City Council on December 6, 2011. Staff recommends approval of the Final Plan subject to the following conditions: 1. The plans submitted with the application shall become a part of this approval. These plans were prepared for Lupient Automotive Group and include the following: existing and demolition site plan, proposed site plan, existing floor plans, orientation plans floor plans - building A, floor plans - building B, e�erior elevations and landscape site plan. 2. The applicant shall stripe a pedestrian walkway from its handicap parking stalls to the front entrance of the building, as shown on the site plan. 3. All recommendations and requirements outlined in the memorandum from Deputy Fire Marshal Ed Anderson to Mark Grimes, Director of Planning and Development dated September 27, 2011 shall become a part of this approval. 4. All signs on the property must meet the requirements of the City's Sign Code. 5. This approval is subject to all other state, federal, and local ordinances, regulations, or laws with authority over this development. Attachments Location Map (1 page) Applicant's Narrative (1 page) Memo to the Planning Commission dated January 18, 2012 (2 pages) Planning Commission Minutes dated November 14, 2011 (3 pages) Planning Commission Minutes dated January 23, 2012 (2 pages) Memo from Deputy Fire Marshal Ed Anderson dated September 27, 2011 (1 page) Existing PUD Permit No. 66 (4 pages) Amended PUD Permit No. 66 (4 pages) Ordinance No. 480, Approval of Amendment to Final Plan of Development, JLO Addition, P.U.D. No. 66, Amendment No. 4, Jeff Lupient - Infiniti, Applicant (1 page) Proposed Site Plans (10 pages) Recommended Action Motion to adopt Ordinance No. 480, Approval of Amendment to Final Plan of Development, JLO Addition, P.U.D. No. 66, Amendment No. 4, Jeff Lupient - Infiniti, Applicant. 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I t C I l� a�mt.�,a,.;s,a.�,+s ct,ar*�Kt��.ocisu^asa� i f i I t o :?92sa 1 INFINITI OF GOLDEN VALLEY PUD AMENDMENT SEPTEMBER 20, 2011 NARRATIVE The present Infiniti Facility is in an existing "PUD Land Use" and this is a request for an amendment to that PUD. The Owners of the Infiniti Dealership have been informed by the Parent Infiniti Company that they must bring their Dealership into compliance with the new"Image" of In�niti, which is comprised of a new"Glass Wall" at the front of the building and a new entry vestibule. The Owners would also like to add a car wash to the rear (north)of the building for restricted use for customer vehicles. The new "Glass Wall" is part of a minor extension of the Showroom (640 Sq.Ft.) and the new vestibule adds only 315 Sq.Ft. These two items alone would allow us to submit for a "minor amendment to the PUD", however the car wash at 1,150 Sq.Ft. puts this into a full PUD amendment. The additions have little or no effect to the existing parking lot except the car wash will reduce the amount of inventory parking on the site. This car wash is not a public wash and is only used by the Infiniti employees. There will be no changes in the grading or storm water control on the site and a minor change to the landscaping at the front of the building. The exterior materials on the additions shall match the existing and the only noticeable change will be the "Glass WaIP' image which faces I-394. The additions total 2,128 Sq.Ft. resulting in a totat building footprint o#21,528, an increase of 10%. ��)� �: ��- k 2"�. , lr ; . � �� f, t . . � �� y �� Planning �� - 763-593-8095/763-593-8109 (fax) � Date: January 18, 2012 To: Golden Valley Planning Commission From: Joe Hogeboom, City Planner Subject: Informal Public Hearing — Final PUD Plan — Lupient Infiniti PUD No. 66 —Amendment#4 (7200 Wayzata Blvd.) —Jeff Lupient, Applicant BACKGROUND Lupient Infiniti has applied to amend its Planned Unit Development (PUD) permit for the purpose of expanding the building onsite. The expansion will include enlarging the dealership's showroom and entry as well as adding a car wash to the north end of the building. The proposed expansion was requested by the Nissan Motor Company, which administers the Infiniti brand. PUD No. 66 was first established in April, 1995. It allowed for three auto sales and service buildings. The PUD was first amended in 1996 to allow for the addition of the Infiniti component as well as exterior repairs to the existing buildings. In 2003, a second amendment to the PUD was approved to allow for an addition to the Infiniti building. A third amendment was granted in 2007 to allow a barbershop to operate onsite. PUD amendments are required whenever a change is made to a site plan within a PUD. DESCRIPTION OF PROPOSAL The proposed addition to the building's showroom will include a glass wall which will extend slightly beyond the existing footprint of the building. The addition will replace the existing glass triangular feature on the south side of the property. This project will add 640 square feet of space to the building. The showroom addition will not reduce customer parking. Lupient Infiniti also requests to construct a car wash on the north side of the building. The car wash is proposed to be 1,150 square feet in area. The car wash would only be used by employees and would not be open to the general public. To accommodate the car wash, a portion of the parking lot would be restriped. Currently, there are 216 off-street parking spaces on the site. Restriping the lot will result in a net decrease of four spaces: At the November 14, 2011 Planning Commission voted unanimously to recommend approval of Lupient Infiniti's Preliminary PUD Plan. As part of its recommendation, the Commission added the requirement of striping a walkway in the parking lot befinreen the handicapped parking stalls and the building's main entrance. The Planning Commission also asked Lupient Infiniti to produce a landscaping plan. On December 6, 2011, the City Council voted unanimously to approve Lupient Infiniti's Preliminary PUD Plan, which included the recommendations from the Planning Commission. RECOMMENDATION Staff recommends approval of the Final Plan for Amendment No. 4 to the Lupient Infiniti PUD No. 66. The proposal will result in the improvements and modifications to the building that are consistent with the City's desire to promote redevelopment in the I-394 corridor. Staff recommends the following conditions of approval: 1. The plans submitted with the application shall become a part of this approval. These plans were prepared for Lupient Automotive Group and include the following: existing and demolition site plan, proposed site plan, existing floor plans, orientation plans floor plans —building A, floor plans — building B, exterior elevations and landscape site plan. 2. The applicant shall stripe a pedestrian walkway from its handicap parking stalls to the front entrance of the building, as shown on the site plan. 3. All recommendations and requirements outlined in the memorandum from Deputy Fire Marshal Ed Anderson to Mark Grimes, Director of Planning and Development dated September 27, 2011 shall become a part of this approval. 4. All signs on the property must meet the requirements of the City's Sign Code. 5. This approval is subject to all other state, federal, and local ordinances, regulations, or laws with authority over this development. Attachments Location Map (1 page) Unapproved Planning Commission Minutes dated November 14, 2011 (3 pages) City Council Minutes dated December 6, 2011 (2 pages) Existing PUD Permit No. 66 (4 pages) Proposed Site Plan (1 page) Proposed Landscape Site Plan (1 page) 2 Regular Meeting of the Golden Valley Planning Commission November 14, 2011 A regular eting of the Planning Commission was held at the Golden Valley City Hall, Council Cha rs, 7800 Golden Valley R ad, Golden Valley, Minnesota, onday, November 14, Chair Waldhauser ca ed the meeting to order . Those present were Plan ommissio rs, Cera, ' uchka, McCarty, Schmidgall, Segelbaum and ser. Iso pr as Director of Planning and Development Mark Grimes, City Plan eboom and Administrative Assistant Lisa Wittman. ___ 1. Approval of Minutes October 24� egular Planning ommission Meeting Waldha ferred to the first paragraph n page 3 and asked that it be clarified to ex at the process to re-designate th properties "on the General Land Use Plan , in the Comprehensive Plan" could ta up to six months. 2. Informal Public Hearing — Planned Unit Development Amendment— 7200 Wayzata Blvd, Lupient Infiniti — PU-66 Amendment#4 Applicant: Lupient Infiniti Addresses: 7200 Wayzata Boulevard Purpose: To allow for the expansion of the showroom and entry of the Infiniti dealership plus a car wash addition to the north end of the building. Hogeboom explained the applicant's proposal to amend their existing PUD in order to add a car wash bay and expand the showroom and entryway. He noted that this proposal could not be considered as a Minor PUD Amendment because the footprint of the building will be expanding more than 3%. Hogeboom stated that staff is recommending approval of this request. He referred to the PUD section of the City Code and read the criteria used when considering approval of PUD proposals. Segelbaum stated that the criteria Hogeboom referred to applies when considering a new PUD proposal. Hogeboom agreed and said it is still helpful to use the criteria as a guide. Cera noted that the property is zoned Mixed Use and asked how this proposal fits within that zoning district. Hogeboom stated that that PUD is considered to be a separate zoning district and since this PUD already exists the Mixed Use requirements wouldn't apply. However, if this were a new proposal (not an amendment) it would require a Conditional Use Permit (CUP) because uses that require a CUP in the Commercial Zoning District also require a CUP in the Mixed Use Zoning District. Minutes of the Golden Valley Planning Commission November 14, 2011 Page 2 Kluchka asked who is responsible for the maintenance of the road on the front side (south) of the building. Grimes stated that the road along the south from Pennsylvania to Louisiana is privately owned and maintained by Lupient. Kluchka asked if the Planning Commission can add a conditional of approval stating that the road must be repaired. Grimes stated that the City can require that the road be maintained however, he knows that there are poor soil conditions in this area which makes maintenance difficult. Kluchka said he would like staff to review the condition of the roadway before this proposal goes to the City Council. Ken Nordby, NAI Architects, representing Lupient showed the Commission photos of the existing building and renderings of the building after the proposed additions are complete. He explained that as a result of the proposed addition they will lose four of their inventory parking spaces, but no customer parking spaces. He referred to the maintenance of the roadway and noted that Lupient spent $11,000 this year on maintenance due to the soil conditions. Waldhauser referred to the parking area south of the proposed new glass wall feature and said she is surprised there is no landscaping proposed for that area. She asked if the parking spaces in that area are necessary and if it could be used instead for green space. Nordby stated that is a convenient spot for customers to park and added that the parent company mandating the design will not allow landscaping in front of the proposed glass wall feature because they want a clear view from the outside into the showroom. Kisch asked about the rationale of moving the handicap parking stalls from where they are currently located to the south of the building. He noted that in the proposed new design people will have to cross the driveway to get to the entryway. Nordby explained that the proposed new location (on the east side of the building) for the handicap parking stalls will be more accessible and are actually closer to front entry door. Kisch suggested that a crosswalk be added from the handicap stalls to the front door. Kluchka referred to the existing trees located between the showroom and the service area and asked if they are being removed and if the applicant has submitted a landscaping plan. Nordby said they have not done a landscaping plan, but that they would be willing to do one. Waldhauser agreed that there is very little green space and what little there is will be removed. Kluchka asked if the site is in conformance with the lighting ordinance. Nordby said the lighting on the site is not changing. Hogeboom noted that since the lighting is not changing a lighting plan is not required. Cera asked about the barbershop idea that had been proposed in the past for the main Lupient dealership building to the east. Nordby said that Lupient never went forward with the barbershop proposal. Waldhauser opened the public hearing. See and hearing no one wishing to comment, Waldhauser closed the public hearing. Minutes of the Golden Valley Planning Commission November 14, 2011 Page 3 Schmidgall said he is in favor of the proposed PUD amendment because it will be an improvement to the area. However, he would like to see more green space on the site. Kisch agreed and stated that he would like to add as a condition of approval that the area between the handicap parking stalls and the front area be striped. Segelbaum also agreed and said he thinks the proposal meets the criteria in the PUD ordinance. MOVED by Cera, seconded by Segelbaum and motion carried unanimously to recommend approval of PUD #66, Amendment#4 to allow for the expansion of the showroom and entry of the Infiniti dealership plus a car wash addition to the north end of the building subject to the following conditions: 1. The plans submitted with the application shall become a part of this approval. These plans were prepared for Lupient Automotive Group and include the following: existing and demolition site plan, proposed site plan, existing floor plans, orientation plans floor plans — building A, floor plans — building B and exterior elevations. 2. All recommendations and requirements outlined in the memorandum from Deputy Fire Marshal Ed Anderson to Mark Grimes, Director of Planning and Development dated September 27, 2011 shall become a part of this approval. 3. A landscape plan showing some restored green space shall be submitted before the Preliminary Plan goes to the City Council for consideration. 4. The walkway befinreen the handicap parking stalls and the front entry shall be striped. 5. Staff will review the condition of the private roadway along the south property line to determine if any maintenance is required. 6. All signs on the property must meet the requirements of the City's Sign Code. 7. This approval is subject to all other state, federal, and local ordinances, regulations, or laws with authority over this development. 3. Infor I Public Hearing — Property Rezoning — 1100, 1170, 1200 and 1300 Doug s - . North — Rezoning fr ingle Family (R-1) Residential to Medium Densi -3) Residential 012-17 Applicant: City of Go Valley Address: 1100, 1170, 120 nd 300 Dougl ive North Purpose: To consider rezoning erties from Single Family (R-1) Residential to Mediu sity (R-3) Residential in order to bring the se Plan Map. Hogeboom referred to a map o e prope ies and lained the proposal to rezone them to Medium Density (R-3) R ential in or r to bring t oning Map into Conformance with the General Land Plan Map. Th land use design ' n on the General Land Use Plan Map for these p erties is High De ity Residential. Kluchka aske out the mailing list for th public hearing notifications. Hogeboom stated that the pr rty owners received individu I letters and property owners within 500 feet of the subj properties received notification r this public hearing. Regular Meeting of the Golden Valley Planning Commission January 23, 2012 A regular meeting of the Planning Commission was held at the Golden Valley City Hall, ..C�ci hambers, 7800 Golden Valley Road, Golden Valley, M' nesota, on Monday, January 2 , 9�,1, . Chair Waldhauser c Iled the meeting to er at 7 pm. Those present were Plan ' Commis ioners, C ; Kisch, McCarty, Schmidgall, Segelbaum and Waldhauser. re nt F ity Planner Joe Hogeboom, Planning Intern Bryanna Vidden and Adminis �-�ssistant Lisa Wittman. Comr�i�si�n�r Kluchka was absent. 1. Approval of Min £: Nove � '14, 2011 Regular PI nning Commission M�eting �� . � i ){� MOV by Schmidgall, seconded by gelbaum and rn'Q�ion carried u�animously to approve the November 14, 2011 as su mitted. , e� �� y,, � ��<_ � _�.. � �� , �R� >�. tz� �� . 2. Informal Public Hearing — Planned Unit bevelopr�i�nt Amendment— Final Ptan —7200 Wayzata Blvd, Lupien�slr�,firn�i - PU-6��Amendment#4 Applicant: Lupient Infiniti � � Addresses: 7200 Wayzat�:�oulevard � � Purpose: To alloyu��fbra�he e�pansion of the showroom and entry of the Infiniti � �.,. deale��hip plu� a �ca�,wash addition to the north end of the building. f��,; , , , ` Hogeboom reminde�l,�the Cori��ission that they reviewed the Preliminary Plan for this proposed PUD Amendr�rcn� at their November 14, 2011 meeting. He referred to the site plan and noted �hat tH��a�p�i'�ar�t,�lias added the striped walkway in the parking lot as requested by the��Plann�� Commission and that they've also submitted a landscape p�an per the City£C�unci�`5 req�est. 4 SL Segelbauti��asked if staff has looked at the maintenance of the private roadway as was dis�ussed afi��he�`I�vember 14 Planning Commission meeting. Hogeboom said the road ��,. > was�t��pecte��nd Ythat there were some potholes, but no major maintenance concerns. �,�- � �� sr; 'p � Segelbaur�'��Sked if staff wrote a review of the landscape plan recently submitted. Hogeboom said staff did review the ptan but did not write a staff report. Ken Nordby, NAI Architects, showed the Commission pictures of the existing building and pictures of how the building wilt look with the addition of the car wash, expanded entry way and glass feature wall. Waldhauser referred to the west side of the building and asked if there has been any thought given to installing deep-rooted plants to help with water run-off issues. Minutes of the Golden Valley Planning Commission January 23, 2012 Page 2 Jeff Lupient, Applicant, stated that five or six evergreen trees were planted on the west side a couple of years ago to help with the water issues. Waldhauser opened the public hearing. Stacy Hoschka, 6400 Golden Valley Road, asked if the rain spouts on the building are directed toward the green space. Lupient explained that most of the water goes to the west toward the gre�rt;�pace. He stated that they also put in a curb along the west side of the property:a�nd�there;is a culvert that runs into a rock basin and then into the street. � �s� Seein and hearin no one else wishin to comment, Waldhau;�er clos�d the� �ki�ic g 5 9 �., p hearing. , �:�, ,. Kisch stated he feels the applicant has incorporated evs�!thing that viY�s ��ked of them. The Commissioners agreed. �� e �z � �_ � x, MOVED by Kisch, seconded by Schmidgall and �iiotion car`��ed unanimously to � recommend approval of PUD #66, Amendme�t#� to allow�;qr the expansion of the showroom and entry of the Infiniti dealer��i��I�� aa��r wa��i addition to the north end of � ' �� t � ,.,,�;, the building subject to the following con�litions ` '` f z�� ,. 1. The plans submitted with the �p�ic��i,on4's`hall become a part of this approval. These plans were prepared by NAI'Ar:�hite��s an�-�n,clude the following: existing and demolition site plan, pro�os�d�site;p�`an, exis�ing floor plans, orientation plans, floor plan — building A, floor;plan �buildi�� B, exterior elevations and landscape plan. 2. All recommendations at�� reac�t��rem�nxs outlined in the memorandum from Deputy Fire Marshal Ed Andersd�r��i�`�Mark Grimes, Director of Planning and Development dated September�2'7,�2011 'shall become a part of this approval. 3. All signs on��he prdpe ��rt�us��neet the requirements of the City's Sign Code. � ��. 4. This approva��Br�� su��to al1�other state, federal, and local ordinances, regulations, or laws�v�r t aut�igrity�bver this development. � � � 4 �', �.Y. ;:�, f ��.; . 4� 5 �#::7 _ � . 3. 1 far�mal��?ubl�c Hearing — Planned Unit Development Amendment— � P Iirn�na�ryr Plan — 123 Ottowa Ave. N., Breck School — PU-88 Amendment#1 Applic °t: Brec School ,_,, Address: 123 awa Aven orth Purpose: To portion of the existing finro-story building (the upper school) to olished and replaced with a new four-story building. Vidden gave . rief histo of the ite and explained the applicant's proposal to demolish and rebui eir upper sch ol buil g. The proposed new building will include a reno d media center, c nsolidation of administrative services, additional small-group C�. ° �� -= Memorandum Q �� _ $ A�, e �� s�E�r� " Fire Department �F i r e D e p a r t 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: PUD Amendment— PUD 66— Lupient Infiniti Date: September 27, 2011 I have reviewed the application packet for the PUD amendment— PUD 66 for Lupient Infiniti located at 7200 Wayzata Blvd. Listed below are the fire department requirements. 1. The current fire department access road shall be maintained in accordance with the MN Fire Code. The fire department access road shall be designed and maintained to support the imposed load of fire apparatus and shall be surfaced so as to provide all weather drivina capabilities. 2. The fire department access road shall be posted "No Parking Fire Lanes"with the required signs and stationary steel posts, in accordance with the City of Golden Valley City Ordinance. 3. The current fire suppression system located in the building will be required to be extended, altered or augmented as necessary to maintain and continue protection whenever the building is altered, remodeled or added to. Alteration to the fire protection shall be done in accordance with applicable fire codes and standards. Plans, permit application and necessary permit fee would be required, reviewed and approved prior to the installation. 4. The current fire alarm system located in the building will be required to be extended, altered or augmented as necessary to maintain and continue protection whenever the building is altered, remodeled or added to. Alteration to the fire protection shall be done in accordance with applicable fire codes and standards. Plans, permit application and necessary permit fee would be required, reviewed and approved prior to the installation. 5. The proposed car wash building will be designed and constructed in accordance with the MN building and fire codes. A fire suppression system would be required to be installed in accordance with MN State Fire Codes and Fire Code Standards. If you have any questions, please contact me at 763-593-8065 or eandersonCc�qoldenvallevmn.qov. ea/jl �. Jim Lupient Oldsmobile PUD 66 Amendment No. 3 City Council Approval: February 20, 2007 City of Golden Valley, Minnesota Use Permit for Planned Unit Development Project Name: Jim Lupient Oldsmobile - JLO Addition, PUD 66 Amendment No. 3 Location: 7100 Wayzata Blvd. - Located north of Interstate 394 and west of Louisiana Ave. Legal Description: Lot 1, Block 1, Jim Lupient Oldsmobile Addition PUD No. 66 Applicant: Jim Lupient Oldsmobile Company Address: 7100 Wayzata Boulevard, Golden Valley, MN 55426 Owner: Jim Lupient Oldsmobile Company Address: 7100 Wayzata Boulevard, Golden Valley, MN 55426 Zoning District: Industrial Permitted Uses: The PUD Permit allows three auto dealership buildings with auta service and outside display of vehicles on one lot and an 8 ft. x 16 ft. barber shop Components: A. Land Use Component: 1. Land uses permitted within P.U.D. No. 66 shall be as indicated on the approved site plan prepared by RLK and dated 9/10/03 and the site plans prepared by NAI Architects dated 1/26/07 which is attached to the PUD permit by reference. 6. Construction 1. Proof of recording for the plat must be provided to the City before any construction permits are issued. 2. An as-built survey shall be completed for the structure as soon as the foundation is substantially in place. 1f there is an incomplete match befinreen lot lines and unit walls, the developer shall either relocate the foundation or request City approval of a PUD amendment to replat the affected lot. No certificate of occupancy wili be issued for a building that fails to align with an underlying lot boundary. 3. Except as otherwise specified in the conditions of General Plan appraval, all phases ofi site development shall be subject to the standards, approvals, fees, and other requirements that would arise in connection with a similar project outside of a PUD. 4. The building shall be constructed as per the floor and elevation plans prepared by RLK and dated 9/10/03, which are attached to the PUD permit by reference. The building plans shall be reviewed by the Building Board of Review prior to issuance of any buirding permits. 5. The developer shall comply with all instructions outlined in the recommendations of Ed Anderson, Deputy Fire Marshal, in the Inspections Department's General Plan of Development review memo dated July 22, 2003. 6. All signs must meet the requirements of the City's sign ordinance prior to the construction of the Infiniti building. 7. There shall be no outside signage or display for the barber shop. 8. There shall be no signs on any vehicle on display other than the sign required by state law. No signs shall be painted on the window or surface of any vehicle. No balloons or other inflatable shall be attached to vehicles or buildings. 9. All outside storage and garbage dumpsters shall be properly screened. 10. The landscaping plans prepared by RLK and dated 10/08/03 shall be made a part of the approved PUD permit, subject to final review and approval by the City's Building Board of Review. If the Building Board of Review requires additional changes to the landscaping plan beyond those indicated here, such changes shall also be made part of the approved permit in narrative form or via an amended plan sheet signed and dated by the City's Chief Building Official. The developer shall provide a landscaping performance bond in the amount and for the period of time established by the Building Board of Review. 11. There shall be no exterior public address system for any uses on the site. 12. The lighting in the main parking lot areas shall conform to the requirements of the City's Inspection Department, Lighting shall be deflected away from residential areas and be turned down to security level lighting befinreen the hours of 10 pm and 6 am. 13. The approximately 8 ft. by 16 ft. barber shop shown on the attached Lupient Auto Mall Plans prepared by NAI Architects and dated 1/26/07 shall become a part of this approval. This barber shop may be relocated to another location within the south 96 ft. of the building as long as all necessary City and State permits are obtained and the space is approximately the same size. (The south 96 ft. of the building is the office/indoor vehicle display area and not the senrice portion of the building.) No more than one barber or employee shall work in this shop. C. Utilities and Gradinq 1. Before any grading or utility permits are issued, the developer shall provide the City with acceptable plans, information, and other submittals as identified in all points of the "Utilities" and "Grading and Erosion Control" sections of the Engineering Department's General Plan of Development review merno dated September 29, 2003 and attached to the PUD permit by reference. 2. During and after construction, the developer shall comply with all instructions outlined in the "Utilities" and "Grading and Erosion Control" sections of the Engineering Department's General Plan of Development review memo dated September 29, 2003 D. Circulation Component: 1. If the property north of the Benihana Restaurant is no longer available for emplayee parking, the number of display or inventory parking shall be reduced to provide for adequate employee parking on-site. All parking (display, customer, inventory and employee) shall be in designated spaces as shown on the attached site plan prepared by RLK and dated 9/10/03. 2. Cars shall be parked on paved surfaces only, not in landscaped setback areas. E. Services and Facilities 1. The hours of operation shall be from 7 am to 1 Q pm, Monday through Thursday, 7 am to 6 pm on Friday and 8 am to 6 pm on Saturday. 2. The hours of operation of the barber shop shall be 9 am to 7 pm on the days that the deafership is open. 3. Any changes to the drainage plan shall be approved by the Bassett Creek Water Management Commission prior to issuance of any building permits. 4, All applicable local, state and federal requirements shall be met. 5. The Board of Barbers and Cosmetologists Examiners shall issue the necessary license for the operation. 6. All necessary building permits required by the City of Golden Valley shall be applied for and issued prior to operation of the barber shop. It is hereby understood and agreed that this Use Permit is a part of the City Council approval granted on October 7, 2003 and February 20, 2007. Any changes to the P.U.D. Permit for JLO Addition, PUD 66 shall require an amendment. , JIM LUPIENT OLDSMOBIL COMPANY Witness: By: � Title: ��. l'�?��Q, Date: 3- I �' ' �vo� CITY OF GOLDEN VALLEY Witness: ( � B r Y• - �Linda L. Loomis, Mayor Date: �` ��" a� Witness: �� B : 7 • Y Thom s D. Burt, C ager Date: � ��s' �� Warning: This permit does not exempt you from alt other City Code provisions, regulations and ordinances. Jim Lupient Oldsmobile PUD 66 Amendment No. �-4 Amendment#3 City Council Approval: February 20, 2007 Amendment#4 City Council Approval: February 21, 2012 City of Golden Valley, Minnesota Use Permit for Planned Unit Development Project Name: Jim Lupient Oldsmobile - JLO Addition, PUD 66 Amendment No. � 4 Location: 7100 Wayzata Blvd. - Located north of Interstate 394 and west of Louisiana Ave. Legal Description: Lot 1, Block 1, Jim Lupient Oldsmobile Addition PUD No. 66 Applicant: Jim Lupient Oldsmobile Company Address: 700 Wayzata Boulevard, Golden Valley, MN 55426 Owner: Jim Lupient Oldsmobile Company Address: 7100 Wayzata Boulevard, Golden Valley, MN 55426 Zoning District: �r+a�-I-394 Mixed Use Permitted Uses: The PUD Permit allows three auto dealership buildings with auto service and outside display of vehicles on one lot and an 8 ft. x 16 ft. barber shop. Amendment#4 allows for the expansion of the showroom and entry and the addition a car wash on the north end of the buildinq. Components: A. Land Use Component: 1. Land uses permitted within P.U.D. No. 66 shall be as indicated on the approved site plan prepared by RLK and dated 9/10/03, the site plans prepared by NAI Architects da#ed 1/26/07 and the site plans prepared by NAI Architects dated 9/22/11 which are attached to the PUD permit by reference. B. Construction 1. Proof of recording for#he plat must be provided to the City before any construction permits are issued. 2. An as-built survey shall be completed for the structure as soon as the foundation is substantially in place. !f there is an incomplete match befinreen lot lines and unit walls, the developer shall either relocate the foundation or request City approval of a PUD amendment to replat the affected lot. No certificate of occupancy will be issued for a building that fails to align with an underlying lot boundary. 3. Except as otherwise specified in the conditions of General Plan approval, all phases of site development shall be subject to the standards, approvals, fees, and other requirements that would arise in connection with a similar project outside of a PUD. 4. The building shall be constructed as per the floor and elevation plans prepared by RLK and dated 9/10/03, which are attached to the PUD permit by reference. The building plans shall be reviewed by the Building Board of Review prior to issuance of any building permits. 5. The developer shall comply with all instructions outlined in the recommendations of Ed Anderson, Deputy Fire Marshal, in the Inspections Department's General Plan of Development review memos dated July 22, 2003 and September 27, 2011. 6. All signs must meet the requirements of the City's sign ordinance prior to the construction of the Infiniti building. 7. There shall be no outside signage or display for the barber shop. 8. There shall be no signs on any vehicle on display other than the sign required by . state law. No signs shall be painted on the window or surFace of any vehicle. No balloons or other inflatable shall be attached to vehicles or buildings. 9. All outside storage and garbage dumpsters shall be properly screened. 10. The landscaping plans prepared by RLK and dated 10/08/03 shall be made a part of the approved PUD permit, subject to final review and approval by the City's Building Board of Review. If the Building Board of Review requires additional changes to the landscaping plan beyond those indicated here, such changes shall also be made part of the approved permit in narrative form or via an amended plan sheet signed and dated by the City's Chief Building Official. The developer shall provide a landscaping performance bond in the amount and for the period of time established by the Building Board of Review. 11. The landscapinq plans prepared by NAI and dated 11/01/11 shall be made a part of the approved PUD permit for Amendment#4. 12. There shall be no exterior public address system for any uses on the site. 13. The lighting in the main parking lot areas shall conform to the requirements of the City's Inspection Department, Lighting shall be deflected away from residential areas and be turned down to security level lighting between the hours of 10 pm and 6 am. 14. The approximately 8 ft. by 16 ft. barber shop shown on the attached Lupient Auto Mall Plans prepared by NAI Architects and dated 1/26/07 shall become a part of this approval. This barber shop may be relocated to another location within the south 96 ft. of the building as long as all necessary City and State permits are obtained and the space is approximately the same size. (The south 96 ft. of the building is the office/indoor vehicle display area and not the service portion of the building.) No more than one barber or employee shall work in this shop. C. Utilities and Gradinq 1. Before any grading or utility permits are issued, the developer shall provide the City with acceptable plans, information, and other submittals as identified in all points of the "Utilities" and "Grading and Erosion Control" sections of the Engineering Department's General Plan of Development review memo dated September 29, 2003 and attached to the PUD permit by reference. 2. During and after construction, the developer shall comply with all instructions outlined in the "Utilities" and "Grading and Erosion Control" sections of the Engineering Department's General Plan of Development review memo dated September 29, 2003 D. Circulation Component: 1. If the property north of the Benihana Restaurant is no longer available for employee parking, the number of display or inventory parking shall be reduced to provide for adequate employee parking on-site. All parking (display, customer, inventory and employee) shall be in designated spaces as shown on the attached site plan prepared by RLK and dated 9/10/03. 2. Cars shall be parked on paved surfaces only, not in landscaped setback areas. E. Services and Facilities 1. The hours of operation shall be from 7 am to 10 pm, Monday through Thursday, 7 am to 6 pm on Friday and 8 am to 6 pm on Saturday. 2. The hours of operation of the barber shop shall be 9 am to 7 pm on the days that the dealership is open. 3. Any changes to the drainage plan shall be approved by the Bassett Creek Water Management Commission prior to issuance of any building permits. 4. All applicable local, state and federal requirements shall be met. 5. The Board of Barbers and Cosmetologists Examiners shall issue the necessary license for the operation. 6. All necessary building permits required by the City of Golden Valley shall be applied for and issued prior to operation of the barber shop. It is hereby understood and agreed that this Use Permit is a part of the City Council approval granted on October 7, 2003, February 20, 2007 and February 21, 2012. Any changes to the P.U.D. Permit for JLO Addition, PUD 66 shall require an amendment. JIM LUPtENT OLDSMOBlLE COMPANY Witness: By: Title: Date: CITY OF GOLDEN VALLEY Witness: By: Shepard M. Harris, Mayor Date: Witness: By: Thomas D. Burt, City Manager Date: Warning: This permit does not exempt you from all other City Code provisions, regulations and ordinances. ORDINANCE NO. 480, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Approval of Amendment to Final Plan of Development JLO Addition, P.U.D. No. 66, Amendment No. 4 7200 Wayzata Boulevard Jeff Lupient - Infiniti, 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 11.47, by approving a Planned Unit Development Amendment for a certain tract of land at 7200 Wayzata Boulevard thereby allowing the existing Lupient Infiniti Auto dealership to expand its building by enlarging the showroom and entry as well as adding a car wash to the north end of the building . The property is located in the I-394 Mixed Use Zoning District. This Planned Unit Development Amendment is subject to all of the terms of the permit to be issued including, but not limited to the following specific conditions: 1. The plans submitted with the application shall become a part of this approval. These plans were prepared for Lupient Automotive Group and include the following: existing and demolition site plan, proposed site plan, existing floor plans, orientation plans floor plans - building A, floor plans - building B, exterior elevations and landscape site plan. 2. The applicant shall stripe a pedestrian walkway from its handicap parking stalls to the front entrance of the building, as shown on the site plan. 3. All recommendations and requirements outlined in the memorandum from Deputy Fire Marshal Ed Anderson to Mark Grimes, Director of Planning and Development dated September 27, 2011 shall become a part of this approval. 4. All signs on the property must meet the requirements of the City's Sign Code. 5. This approval is subject to all other state, federal, and local ordinances, regulations, or laws with authority over this development. Section 2. The tract of land affected by this ordinance is legally described as follows: Part of Lot 1, Block 1, Jim Lupient Oldsmobile Addition P.U.D. Number 66 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 "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 4. This ordinance shall take effect from and after its passage and publication as required by law. Adopted by the City Council this 21 st day of February, 2012. /s/Shepard M. Harris Shepard M. Harris, Mayor ATTEST: /s/Susan M. Virniq Susan M. Virnig, City Clerk �� ,��r � � (,� 4 �'Y �� ('� �f�;. �- � ,� ;� � �4�� *�m� „ . . . ��+ .r, a� . . � . 3�� . . i ' �,. x;-�� ' �.' ' p �'��Mk i � C Y' � i 1 �� . � a. � y � �r j � � �. 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A. Approval of Response Letter to Hennepin County Regional Railroad Authority Regarding Bottineau Transitway Draft Environmental Impact Statement Scoping Booklet Prepared By Joe Hogeboom, City Planner Summary A letter to the Hennepin County Regional Railroad Authority has been drafted that responds to issues associated with the Bottineau Transitway Draft Environmental Impact Statement (DEIS) Public Scoping Process. The letter reflects matters discussed at the January 30, 2012 joint meeting of the City Council, Planning Commission, Environmental Commission and Open Space and Recreation Commission as well as issues discussed at the February 15, 2012 Council/Manager meeting. Attachments Bottineau Transitway Draft Environmental Impact Statement Scoping Response Letter (5 pages) Recommended Action Motion to approve and sign the Bottineau Transitway Draft Environmental Impact Statement Scoping Response Letter. February 21, 2012 Hennepin Regional Railroad Authority A-2400 Government Center 300 S. 6th St. Minneapolis, MN 55487 Honorable Chair McLaughlin; Thank you for allowing the City of Golden Valley the opportunity to review and provide comments to the Bottineau Transitway Draft Environmental Impact Statement (DEIS) Scoping Document. The City appreciates the opportunity to be a partner in the study process. The City supports alternate transportation modes and appreciates the County's commitment to analyzing transit corridors in the northwest metro area. While the Bottineau Transifinray would be an important tool in providing mass transportation to the region, the City has significant concerns surrounding the D-1 Alignment, which is shown to cross through northeast Golden Valley along the Burlington Northern Santa Fe (BNSF) railroad corridor. The City has received feedback from several of its commissions, as well as residents of the community. In general, most of the comments pertain to concerns over the potential impacts that the D-1 Alignment would have to natural areas in the city, as well as potential impacts to surrounding properties. Further, it appears that the proposed D-2 Alignment, which would travel through North Minneapolis, would serve a larger population and provide a greater opportunity for economic development. If the County chooses to continue study of the D-1 Alignment, the City of Golden Valley requests that the following comments and concerns be addressed: Natural Resources The D-1 Alignment is proposed to be located within and adjacent to Theodore Wirth Regional Park as well as the Mary Hills Nature Area and Glenview Terrace Park. These areas are invaluable and unique natural and recreational amenities to the City as well as the northwestern Twin Cities region. The Comprehensive Plan for the City establishes clear goals that provide protection of these natural areas. The City requests that it be involved in all decisions that impact the parks. The City is interested in the comparison between the carbon footprint associated with building a transit facility in a natural area versus the carbon footprint that would be associated increased transit usage as a result of the Bottineau Transitway. Any impacts to the floodway or floodplain must be mitigated in accordance with the laws and policies of the regulating agencies. The City recognizes that mitigation within the existing railroad corridor will be challenging, and it encourages the County to work closely with the Bassett Creek Watershed Management Commission (BCWMC) and its member cities to identify potential flood storage areas outside of the railroad rights-of-way. Wetland impacts will need to be mitigated in accordance with the laws and policies of the regulating agencies. The City of Golden Valley is the local government unit responsible for administration of the Wetland Conservation Act. The County is encouraged to work with its local partners to identify potential mitigation solutions outside the railroad right-of-way, if needed. The Transifinray project will need permits or approvals from all agencies regulating stormwater, including but not limited to the City, BCWMC, and Minnesota Pollution Control Agency. At a minimum, best management practices addressing erosion and sediment control will need to be implemented during construction. It is possible that rate control and stormwater treatment that reduces pollutants and runoff will be required, especially with the development of a transit station, park and ride facility, BRT, or other impervious surface. The natural areas located within the D-1 Alignment are home to vast array of wildlife. Care should be taken to avoid impacts to the habitat and travel ways of all wildlife, including endangered, threatened, or special concern species. As the proposed project has the potential to impact areas within large parks and natural areas, and areas adjacent to Bassett Creek, the corridor would need to be studied for the presence of historic and cultural resources. The historical significance of the Theodore Wirth Park Chalet should also be considered in this study. The City requests to be contacted if archaeological discovery is made. Station Location If the D-1 Alignment, consisting of either Light Rail Transit (LRT) or Bus Rapid Transit (BRT), through Golden Valley is selected to be evaluated in the DEIS, one station location must be chosen. The potential station locations for the D1 are Golden Valley Road near Wirth Parkway and Plymouth Avenue near Wirth Parkway. Both are located in the City of Golden Valley and would require the acquisition of property owned by the Minneapolis Park and Recreation Board. Prior DEIS information indicates that the Golden Valley Road station would serve mostly Golden Valley residents and businesses and the Plymouth Avenue station would serve mostly Minneapolis residents, businesses, and Wirth Park facilities. Businesses served in Golden Valley include regional destinations (Courage Center, Minneapolis Clinic of Neurology, Regency Hospital of Minneapolis, Wirth Park) and local destinations (Church of St. Margaret Mary, Unity Christ Church, The Family Partnership). While a station located at Plymouth Avenue would likely have less effect on Golden Valley neighborhoods and community resources, the Golden Valley Road station would provide more direct access for Golden Valley residents and businesses. In addition, the Golden Valley Road location is on an existing bus line with potential feeder bus connections, and has planned regional trail connections. The City would like more detailed information about how buses would be incorporated into the station areas, including the amount and frequency of feeder buses serving the stations, and information about how bus drop-off and pick=up would function at the stations. The City does not envision parking options at either station location. The location of both proposed stations within natural areas seems to preclude possible parking options. The City would like more detailed information about how parking is being studied to function at the station locations, as well as potential costs that are associated with parkland acquisition for parking. The City would like to know how many parking spaces would be necessary at each location and whether or not parking ramps are being considered for the sites. If there were to be insufficient onsite parking at station locations, and transit riders park on the surrounding streets, an access and traffic management plan should be considered as part of the project. As the City understands it, there are no plans for a park and ride facility at either station location. Current land use and zoning controls that are currently in place at the proposed station location sites do not allow parking that is not associated with park uses. Changes to land use and zoning controls would need to be made by the City Council. Surrounding landowners have expressed concerns about their existing parking conditions so the integration of public and private parking improvements could be an opportunity for further study. The trip generation from the proposed station or a future park and ride facility may result in the need to modify, enhance, or expand the nearby transportation system, which includes roads, trails and sidewalk facilities. It is expected that the County would partner with the appropriate road authority to address and mitigate any traffic concerns. Sidewalks currently serve both station locations. The existing sidewalk system may need to be upgraded or expanded to meet accessibility design requirements and the needs of the community. It is expected that this would be accomplished as part of the site access evaluation and implementation. The City of Golden Valley owns and maintains concrete sidewalks on both sides of Golden Valley Road (CSAH 66) at the intersection of the proposed Transitway. In addition, Three Rivers Park District has identified the Golden Valley Road corridor for the proposed Bassett Creek Regional Trail which would connect French Regional Park and the Medicine Lake Regional Trail to Wirth Regional Park and the trails along the Grand Rounds National Scenic Byway. This network of trails and sidewalks would complement LRT or BRT to improve multimodal transportation in the area. The City owns and maintains an asphalt trail near the BNSF railway in the Mary Hills Nature Area. This trail provides an important north-south connection from Golden Valley Road north into Robbinsdale via Sochacki Park. It is anticipated that a new Transitway may impact this trail and the City requests that it be actively involved with any reconstruction or realignment of this trail. The costs to reconstruct Golden Valley Road and the existing multi-modal facilities discussed above, in addition to any facilities deemed necessary to fully meet the anticipated needs, must be considered in evaluation of the potential station location. Property Impacts The Bottineau Transifinray would impact surrounding properties. There is information that addresses property value impacts for properties located adjacent to transit station locations. However, there is no comparable data that demonstrates impacts to properties along the Transitway with no convenient access to a station. Data should be provided that shows how the Transifinray would impact single family residential properties along the corridor. The potential noise and vibration impacts from the Transitway and the freight track are a significant concern. While current and possible future freight rail traffic also create noise, it is different from constant and consistent noise associated with a regional transit system. BRT and LRT may yield different noise and vibration levels in surrounding neighborhoods. These effects should be studied in greater detail. The City would also like to have more information about the presence of potential sound walls and other barriers that may cause visual obstructions to surrounding properties. With high frequency transit service, the potential Transitway and transit station will have a visual impact on surrounding properties. Most notably will be the addition of lights and lighting that does not exist with the current freight rail. The effects of lighting should be studied and the screening of adjacent neighborhoods and park areas should be considered as part of this project. Community Resources The proposed Transifinray and transit stations would likely require an increase in community resources such as police, fire, public works maintenance, and traffic management. Since the proposed transit system is managed by the Metropolitan Council, it is anticipated that Metro Transit Police will be the primary law enforcement agency at the station. The City of Golden Valley owns watermain, sanitary sewer, and storm sewer facilities in the area of the proposed route. Some of these facilities cross under the existing BNSF railway. Record drawings and other information are available in the City's engineering office to assist in the planning and design of the project. The City requests that it be consulted on all design and construction considerations and field decisions involving City-owned utilities. The City of Minneapolis owns a 48-inch watermain which passes under the BNSF railway north of Golden Valley Road and Metropolitan Council Environmental Services owns a large sanitary sewer interceptor which parallels the BNSF railway in Wirth Park. The City requests that it be consulted along with the custodial agency on all design and construction considerations and field decisions involving these utilities. The County's project consultant estimated that as many as fifteen Xcel Energy transmission line towers may need to be relocated as a result of the proposed Transitway. The City's Right-of-Way Management Ordinance currently requires that any proposed reconstruction, relocation, or replacement of overhead utility lines over 300 feet be buried underground. This code requirement may apply to this situation. Many areas of Golden Valley have substandard soils which are unsuitable for construction without proper correction or engineering. A good portion of the Transitway corridor through Golden Valley is located within floodplain, lowland, or wetland areas. In addition, there are areas in Golden Valley that were found to be filled with construction debris or hazardous materials in the past. The City requests that a careful and detailed analysis of the soils be included as part of the project. The City of Golden Valley respectfully requests that these concerns be addressed in a sufficient manner, and that they become part of public record associated with the Bottineau Transifinray Draft Environmental Impact Statement. As stated before, the City recognizes the regional significance of transit in the northwest metro area, but remains concerned over the significant impacts that the D-1 Alignment would have on Golden Valley. Thank you for working with the City to address these concerns. Respectfully, Shepard Harris, Mayor Mike Freiberg, Council Member Paula Pentel, Council Member DeDe Scanlon, Council Member Joanie Clausen, Council Member